SPECIFICATIONS.pdf

IFB No. W912HN-08-B-0002

Roanoke River Flood Reduction Training Wall 330

Roanoke, Virginia

Specifications

April 2008

This project was designed by the Wilmington District of the U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

Ronoake River Flood Reduction W912HN-08-B-0002 Training Wall 330, Roanoke, VA

PROJECT TABLE OF CONTENTS Page 1

PROJECT TABLE OF CONTENTS

DIVISION 00 – DOCUMENTS

00010 SF 1442 / SOLICITATION CONTRACT FORM

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS & CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01100 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

01312A QUALITY CONTROL SYSTEM (QCS)

01330 SUBMITTAL PROCEDURES

01355A ENVIRONMENTAL PROTECTION

01356A STORM WATER POLLUTION PREVENTION MEASURES

01357 SPECIAL PROVISIONS FOR PROTECTION OF RAILWAY INTEREST

01420 SOURCES FOR REFERENCE PUBLICATIONS

01451A CONTRACTOR QUALITY CONTROL

01500A TEMPORARY CONSTRUCTION FACILITIES

01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01572 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01670 RECYCLED / RECOVERED MATERIALS

DIVISION 02 – SITE WORK

02213 STONE PROTECTION

02216 PROJECT SPECIAL PROVISIONS

02220 DEMOLTION

02231 CLEARING AND GRUBBING

02252 GROUTING

02300 EARTHWORK

02378 GEOTEXTILES USED AS FILTERS

02630 STORM DRAINAGE

02821A FENCING

02921 SEEDING

02930 EXTERIOR PLANTS

DIVISION 03 – CONCRETE

03100A STRUCTURAL CONCRETE FORMWORK

03200A CONCRETE REINFORCEMENT

03300 CAST-IN-PLACE STRUCTURAL CONCRETE

APPENDICES

A DRILLING LOGS & LABORATORY DATA

B PROJECT ACTION PLAN FOR MATERIALS MANAGEMENT

-- End of Project Table of Contents --

W912HN-08-B-0002

Clause Title Page

52.000-4001 Handcarried Bids/Proposals 11 of 152

52.0000-4011 Obtaining Information Regarding this Solicitation 11 of 152

52.000-4028 Information to All Contractors 11 of 152

52.204-6 Data Universal Numbering System (DUNS) Number 12 of 152

52.204-4001 Offeror Identification 13 of 152

52.209-4005 Pre-Award Information 13 of 152

52.214-3 Amendments to Invitations for Bids 14 of 152

52.214-4 False Statements in Bids 14 of 152

52.214-5 Submission of Bids 15 of 152

52.214-6 Explanation to Prospective Bidders 15 of 152

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids 15 of 152

52.214-18 Preparation of Bids-Construction 16 of 152

52.214-19 Contract Award-Sealed Bidding-Construction 16 of 152

52.214-4004II Conditions Governing Evaluation of Bids 17 of 152

52.214-5000 Apparent Clerical Mistakes 17 of 152

52.216-1 Type of Contract 17 of 152

52.219-4001 Subcontracting Plan for Small Business Concerns 17 of 152

52.222-5 Davis-Bacon Act--Secondary Site of the Work 18 of 152

Section 100

TABLE OF CONTENTS

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction 19 of 152

52.225-10 Notice of Buy American Act Requirement - Construction Materials 20 of 152

52.228-1 Bid Guarantee 21 of 152

52.233-2 Service of Protest 21 of 152

52.236-27 Site Visit (Construction) 22 of 152

252.204-7001 Commercial and Government Entity (CAGE) Code Reporting 22 of 152

252.236-7008 Contract Prices-Bidding Schedules 22 of 152

Clause Title Page 52.203-2 Certificate of Independent Price Determination 23 of 152

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 23 of 152

52.204-3 Taxpayer Identification 24 of 152

52.204-5 Women-Owned Business (Other Than Small Business) 25 of 152

52.204-8 Annual Representations and Certifications 26 of 152

52.204-4005 Online Representations & Certifications Application (ORCA) 26 of 152

52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment & Other Responsibility Maters 27 of 152

52.219-1 Small Business Program Representations-Alternate I 28 of 152

52.219-2 Equal Low Bids 30 of 152

52.219-4 Notice of Price Evaluation Preference for Hubzone Small Business Concerns 30 of 152

52.222-22 Previous Contracts and Compliance Reports 31 of 152

52.222-38 Compliance with Veterans Employment Reporting Requirements 32 of 152

Section 600

52.223-13 Certification of Toxic Chemical Relese Reporting 32 of 152

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country 33 of 152

252.225-7031 Secondary Arab Boycott of Israel 34 of 152

252.247-7022 Representation of Extent of Transportation of Supplies by Sea 34 of 152

Section 700

Clause Title Page

52.202-1 Definitions (JUL 2004) 36 of 152

52.203-3 Gratuities 36 of 152

52.203-5 Covenant Against Contingent Fees 36 of 152

52.203-6 Restrictions on Subcontractor Sales to the Government 37 of 152

52.203-7 Anti-Kickback Procedures 37 of 152

52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity 39 of 152

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 39 of 152

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 40 of 152

52.204-4 Printed/Copied Double-Sided on Recycled Paper 43 of 152

52.204-7 Central Contractor Registration 44 of 152

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 46 of 152

52.214-26 Audit and Records - Sealed Bidding 47 of 152

52.214-27 Price Reduction for Defective Cost or Pricing Data-Modifications- Sealed Bidding 48 of 152

52.214-28 Subcontractor Cost or Pricing Data--Modifications--Sealed Bidding 49 of 152

52.219-8 Utilization of Small Business Concerns 50 of 152

52.219-9 Small Business Subcontracting Plan--Alternate I 51 of 152

52.219-16 Liquidated Damages-Subcontracting Plan 57 of 152

52.219-28 PostAward Small Business Program Representation 58 of 152

52.222-1 Notice to Government of Labor Disputes 59 of 152

52.222-3 Convict Labor 59 of 152

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation 59 of 152

52.222-6 Davis Bacon Act 60 of 152

52.222-7 Withholding of Funds 62 of 152

52.222-8 Payrolls and Basic Records 63 of 152

52.222-9 Apprentices and Trainees 64 of 152

52.222-10 Compliance with Copeland Act Requirements 65 of 152

52.222-11 Subcontracts (Labor Standards) 65 of 152

52.222-12 Contract Termination-Debarment 66 of 152

52.222-13 Compliance with Davis-Bacon and Related Act Regulations 66 of 152

52.222-14 Disputes Concerning Labor Standards 67 of 152

52.222-15 Certification of Eligibility 67 of 152

52.222-21 Prohibition of Segregated Facilities 67 of 152

52.222-26 Equal Opportunity 67 of 152

52.222-27 Affirmative Action Compliance Requirements for Construction 69 of 152

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans 73 of 152

52.222-36 Affirmative Action for Workers with Disabilities 76 of 152

52.222-37 Employment Report on Special Disabled Veterans, Veterans of the Vietnam Era, Etc. 77 of 152

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees 77 of 152

52.222-50 Combating Trafficking in Persons 79 of 152

52.223-6 Drug-Free Workplace 81 of 152

52.223-14 Toxic Chemical Release Reporting 83 of 152

52.225-9 Buy American Act-Construction Materials 84 of 152

52.225-13 Restrictions on Certain Foreign Purchases 86 of 152

52.227-1 Authorization and Consent 86 of 152

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 87 of 152

52.227-4 Patent Indemnity-Construction Contracts 87 of 152

52.228-11 Pledges of Assets 87 of 152

52.228-12 Prospective Subcontractor Requests for Bonds 88 of 152

52.229-3 Federal, State, and Local Taxes 88 of 152

52.232-17 Interest 89 of 152

52.232-23 Assignment of Claims 90 of 152

52.232-34 Payment by Electronic Funds Transfer-Other Than Central Contractor Registration 90 of 152

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information 92 of 152

52.233-1 Disputes 93 of 152

52.233-3 Protest After Award 94 of 152

52.233-4 Applicable Law for Breach of Contract Claim 94 of 152

52.236-1 Performance of Work by the Contractor 95 of 152

52.236-2 Differing Site Conditions 95 of 152

52.236-3 Site Investigation and Conditions Affecting the Work 95 of 152

52.236-5 Material and Workmanship 96 of 152

52.236-6 Superintendence by the Contractor 96 of 152

52.236-7 Permits and Responsibilities 96 of 152

52.236-8 Other Contracts 97 of 152

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 97 of 152

52.236-10 Operations and Storage Areas 97 of 152

52.236-11 Use and Possession Prior to Completion 98 of 152

52.236-12 Cleaning Up 98 of 152

52.236-13 Accident Prevention (Nov 1991)-Alternate I 98 of 152

52.236-15 Schedules for Construction Contracts 99 of 152

52.236-21 Specifications and Drawings for Construction 100 of 152

52.236-26 Preconstruction Conference 101 of 152

52.239-4006 Security Contract Language for all Corps of Engineers Unclassified Contracts 101 of 152

52.242-13 Bankruptcy 102 of 152

52.242-14 Suspension of Work 102 of 152

52.243-4 Changes 103 of 152

52.244-6 Subcontracts for Commercial Items 103 of 152

52.246-12 Inspection of Construction 104 of 152

52.247-64 Preference for Privately Owned U. S. Flag Commercial Vessels 105 of 152

52.248-3 Value Engineering-Construction 107 of 152

52.249-2 Termination for Convenience of the Government (Fixed Price)(Alternate I) 110 of 152

52.249-10 Default (Fixed-Price Construction) 113 of 152

52.252-2 Clauses Incorporated by Reference 114 of 152

52.253-1 Computer Generated Forms 114 of 152

252.201-7000 Contracting Officer's Representative 114 of 152

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies 115 of 152

252.203-7002 Display of DOD Hotline Poster 116 of 152

252.204-7000 Disclosure of Information 116 of 152

252.204-7003 Control of Government Personnel Work Product 117 of 152

252.204-7004 Central Contractor Registration -- Alternate A 117 of 152

252.204-7006 Billing Instructions 119 of 152

252.205-7000 Provision of Information to Cooperative Agreement Holders 119 of 152

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country 120 of 152

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) 120 of 152

252.223-7004 Drug-Free Work Force 121 of 152

252.225-7012 Preference for Certain Domestic Commodities 122 of 152

252.226-7001 Utilization of Indian Organizations and Indian Owned Economic Enterprises, and Hawaiian Small Business Concerns 124 of 152

252.227-7033 Rights in Shop Drawings 126 of 152

252.231-7000 Supplemental Cost Principles 126 of 152

252.232-7010 Levies on Contract Payments 126 of 152

252.236-7000 Modification Proposals-Price Breakdown 127 of 152

252.236-7002 Obstruction of Navigable Waterways 127 of 152

252.243-7001 Pricing of Contract Modifications 127 of 152

252.243-7002 Request for Equitable Adjustment 128 of 152

252.244-7000 Subcontracts For Commercial Items and Commercial Components (DOD) (Mar 2000) 128 of 152

252.247-7023 Transportation of Supplies by Sea 129 of 152

252.247-7024 Notification of Transporation of Supplies by Sea 131 of 152

Clause Title Page

52.201-4001 Unauthorized Instructions from Government or Other Personnel 132 of 152

52.211-10 Commencement, Prosecution, and Completion of Work 133 of 152

52.211-12 Liquidated Damages-Construction 133 of 152

Section 800

52.211-13 Time Extensions 133 of 152

52.211-18 Variation in Estimated Quantity 133 of 152

52.219-4002 Reporting Requirements--Subcontracting Plan 134 of 152

52.228-2 Additional Bond Security 134 of 152

52.228-14 Irrevocable Letter of Credit 134 of 152

52.228-15 Performance and Payment Bonds - Construction 138 of 152

52.231-5000 Equipment Ownership and Operating Expense Schedule 139 of 152

52.232-5 Payments Under Fixed-Price Construction Contracts 139 of 152

52.232-27 Prompt Payment for Construction Contracts 141 of 152

52.236-4 Physical Data 148 of 152

52.236-16 Quantity Surveys 148 of 152

52.236-17 Layout of Work 148 of 152

52.236-4022 Safety Publications 149 of 152

52.246-21 Warranty of Construction 149 of 152

52.249-5000 Basis for Settlement of Proposals 150 of 152

252.232-7003 Electronic Submission of Payment Requests 151 of 152

252.236-7004 Payment for Mobilization and Demobilization 151 of 152

W81LJ873414334

SPECIFICATIONS FOR ROANOKE RIVER FLOOD REDUCTION PROJECT, TRAINING WALL 330, ROANOKE RIVER BASIN, ROANOKE, VIRGINIA (APRIL 2008)

ESTIMATED MAGNITUDE OF THIS PROJECT IS $1,000,000 - $5,000,000.

THIS IS AN UNRESTRICTED ADVERTISEMENT.

RETURN COMPLETED SECTION 00600, REPRESENTATIONS & CERTIFICATIONS, WITH BID SUBMITTAL.

VERBAL OR WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN BLOCK 9 ABOVE.

INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT BE RELAYED TOTHE PROPER PERSON AND

THEREFORE, MAY NOT BE ANSWERED. SEE 52.000-4001 IN SECTION 00100.

DUE TO SECURITY REQUIREMENT, PLEASE ALLOW FOR DELAYS OF APPROXIMATELY 30 MINUTES FOR PERSONS AND

MATERIALS ENTERING THE DISTRICT HEADQUARTERS BUILDING.

*SEE CLAUSE 52.211-10, COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK, IN SECTION 00800 of this Solicitation for additional information.

X

HILDA D AYERS 910-251-4862

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Apr-2008

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________See 52.211-10*

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________03 Jun 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USAED, SAVANNAH, WILMINGTON CONTRACT OFF

ATTH: HILDA AYERS

PO BOX 1890 (69 DARLINGTON AVE 28403)

WILMINGTON NC 28402-1890

W912HN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

910-251-4454FAX:TEL: 910-251-4862 TEL: FAX:

W912HN-08-B-0002 152

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum MOBILIZATION AND DEMOBILIZATIONFOB: Destination

MILSTRIP: W81LJ873414334

NET AMT

0002 1 Lump Sum CLEARING AND GRUBBINGFOB: Destination

0003 4,002 Square

Yard

SOIL STABILIZATION MATTING (ESTD.QTY.)FOB: Destination

0004 361 Short Ton CLASS A1 RIPRAP (ESTD.QTY.)FOB: Destination

0005 3,290 Cubic

EMBANKMENT IN PLACE (ESTD.QTY.)FOB: Destination

0006 1,669 Cubic

COMMON EXCAVATION (ESTD.QTY.)FOB: Destination

0007 1 Lump Sum LANDSCAPING, COMPLETEFOB: Destination

0008 2 Acre SEEDING (ESTD.QTY.)FOB: Destination

0009 1 Lump Sum DEMOLITION GENERALFOB: Destination

0010 3 Each DROP INLETS, COMPLETE (ESTD.QTY.)FOB: Destination

0011 116 Linear

Foot

18" RCP (ESTD.QTY.)FOB: Destination

0012 132 Linear

24" RCP (ESTD.QTY.)FOB: Destination

0013 6 Each

STANDARD CONCRETE ENDWALLS, COMPLETE (ESTD.QTY.)

FOB: Destination

0014 5 Each FLAP GATES, COMPLETE (ESTD.QTY.)FOB: Destination

0015 660 Linear

FENCE, CHAIN LINK (ESTD.QTY.)FOB: Destination

0016 1 Lump Sum TRAFFIC CONTROL, COMPLETEFOB: Destination

0017 1 Lump Sum TEMPORARY CONSTRUCTION BARRIERFOB: Destination

0018 662 Linear

CONCRETE FLOODWALL (ESTD.QTY.)FOB: Destination

0019 1 Lump Sum GROUTINGFOB: Destination

0020 12 Days UTILITY RELOCATION DELAYS (ESTD.QTY.)FOB: Destination

0021 90 Hours ASSOCIATED RAILROAD DELAYS (ESTD.)FOB: Destination

0022 1 Lump Sum PERFORMANCE & PAYMENT BONDSFOB: Destination

TOTAL:

ITEMS 0001 thru 0022 --- $_____________________

Section 00100 - Bidding Schedule/Instructions to Bidders

52.00-4001 HANDCARRIED BIDS/PROPOSALS (Sep 2003)

(Wilmington Local Instruction)

1. If bids/proposals are handcarried, deliver them to the U. S. Army Corps of Engineers, Wilmington District, Attn: Contracting, 69 Darlington Avenue, Wilmington, North Carolina, 28403. All bids/proposals must be received in the Contracting Office not later than the exact time specified for bid opening or time specified for receipt of proposals.

2. Due to security measures at the Wilmington District Office, you should allow sufficient time for delivery of the bid/proposal to ensure it is received timely.

(End)

52.0000-4011 OBTAINING INFORMATION REGARDING THIS SOLICITATION (Sep 2003

Read this paragraph in conjunction with contract provision FAR 52.214-6, Explanation to Prospective Bidders.

Written requests for explanations or interpretation of the solicitation, drawings or specifications must be sent to the person identified in item 9 of the Standard Form 1442, or item 10 of the Standard Form 33, whichever form is applicable to this solicitation. Requests may be sent via facsimile to 910-251-4454. Inquiries and requests that are directed to any other person may not be relayed to the proper person and, therefore, may not be answered.

52.’0000-4028 INFORMATION TO ALL CONTRACTORS

Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction)

*****************I M P O R T A N T A N T ********************

1. All contractors MUST REGISTER in the Central Contractor Registration (CCR) database BEFORE THEY

CAN BE AWARDED A CONTRACT. You may register through the CCR website at http://www.ccr.gov. A CCR registration form is also available from the DoD Electronic Commerce Information Center at 1-888-227- 2423.

2. a. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments, starting

2 January 1999. Although EFT data is now being obtained through the CCR, the interface between the CCR and the U. S. Army Corps of Engineers (USACE) payment office in Millington, TN is not currently available.

Therefore, the U. S. Army Corps of Engineers Finance Center is now offering EFT payments directly to vendors.

b. For USACE contract awards, you must be enrolled in the EFT program at the USACE FINANCE

CENTER, Millington, TN.

c. After a contract award with the Wilmington District, and once EFT is established, payments will be directly deposited into your checking or savings account avoiding mail delays and a six week delay for replacement of lost checks.

d. A Direct Deposit Authorization Form (UFC-DISB-4) and instructions are available from our Resource

Management Office for completing and mailing the form. Please make a copy for your records and for your bank.

e. MAIL COMPLETED FORM TO:

USACE FINANCE CENTER

ATTN: EFT/DISBURSING

5720 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

f. Contact the Wilmington District Resource Management Office, Anita Bissette, at 910/251-4803 for questions/forms concerning EFT.

g. See contract clause 52.0232-0034 “Payment By Electronic Funds Transfer – Other Than Central

Contractor Registration (May 1999)” and contract clause 52.0232-0035 “Designation of Office for Government Receipt of Electronic Funds Transfer Information (May 1999).

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.204-4001 OFFEROR IDENTIFICATION (CESAS-CT-C APR 1993)

Offeror is requested to furnish the following information:

Name/Address: ____________________________________________________________

Telephone No. ____________________________________________________________

DUNS: ________________________ CAGE: _______________________

52.209-4005 PRE-AWARD INFORMATION

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

3. This paragraph is applicable to Hopper Dredges and Dredge Scows.

“SILENT INSPECTOR - SPECIAL STANDARD OF RESPONSIBILITY

(a) The Silent Inspector (SI) is an automated dredge contract monitoring system comprised of both hardware and software developed by the U. S. Army Corps of Engineers (the Corps). The Corps developed the SI as a low cost, repeatable, impartial system for automated dredge monitoring. Additional information about SI can be found at http://si.wes.army.mil/index/html The Dredge Specific System (DSS), collects various sensor data, and formats and displays these data to the dredge crew to provide quality control of the dredging project. The DSS is provided by the Contractor and integrates various automated systems to record digital dredging and disposal activities. These systems collect and record measurements from scow sensors, and display this information using standard reports and graphical displays. The dredging contractor supplies the DSS and all associated sensors.

(b) As authorized by FAR 9.104-2, Contracting Officers may establish special standards of responsibility when necessary. The Contracting Officer has determined that use of the SI is necessary for work performed by hopper dredges or dredge scows. Therefore, in order to be considered responsible for performing this contract, the Offeror must establish prior to contract award that any hopper dredge or dredge scow to be used in performance of this contract has been outfitted with the SI system and the system has been certified by the Engineer Research and Development Center (ERDC) within the last year. Questions regarding certification should be addressed to the SI support team at 601-634-2923

(End of Paragraph)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-4004 II CONDITIONS GOVERNING EVALUATION OF BIDS(AUG 1991

CESAS-CT)

Offerors must quote on all items of the schedule, Section 00010.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

52.219-4001 I SUBCONTRACTING PLAN SMALL BUSINESS GOALS (Jan 2008)

(CESAS-CT Local Instruction)

1. Attention is directed to Federal Acquisition Regulations (FAR) clause 52.219-9 “Small Business Subcontracting Plan” and Defense Federal Acquisition Regulations Supplement (DFARS) clause 252.219-7003 “Small Business Subcontracting Plan (DoD Contracts). Subcontracting plans will be evaluated in accordance with Army Federal Acquisition Regulations Supplement (AFARS) Appendix DD, (APDD) “Subcontracting Plan Evaluation Guide”.

The guide is available at: http://farsite.hill.af.mil/reghtml/regs/other/afars/APDD.htm

2. Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

3. Subcontracting plans should be realistic, challenging, achievable, with positive percentage and dollar subcontracting goals with:

a. Small Business (SB)

b. Small Disadvantaged Business (SDB)

c. Women Owned Small Business (WOSB)

d. Service Disabled Veteran Owned Small Business (SDVOSB)

e. Veteran Owned Small Business (VOSB)

f. Historically Underutilized Business Zone SB (HUBZone)

g. Historically Black Colleges and Universities (HBCU)

h. Minority Institutions (MI)

i. Hispanic Serving Institutions (HIS)

j. Tribal Council Universities

4. If the proposed subcontracting goals are lower than the below U. S. Army Corps of Engineers “targets” for subcontracting, you are required to provide written justification with your proposed subcontracting plan to fully support your rationale for using lower goals.

5. You are reminded that contractors are measured against the approved subcontracting plan goals and may be assessed liquidated damages if a good faith effort has not been made toward meeting the agreed-upon goals. (See FAR clause 52.219-16 “Liquidated Damages – Subcontracting Plan”.

6. The following subcontracting targets have been assigned to the U. S. Army Corps of Engineers (USACE).

USACE Subcontracting Targets

a. Small Business (SB) 70.0 %

b. Small Disadvantaged Business (SDB) 6.2 %

c. Women Owned Small Business (WOSB) 7.0 %

d. HUBZone Small Business (HUBZone) 9.8 %

e. Veteran-Owned Small Business (VOSB) 3.0 %

f. Service Disabled Veterans owned SB (SDVOSB) 0.9 %

7. Stated percentages are based on the total amount of planned subcontracting.

8. Additional information concerning subcontracting plan requirements may be obtained from Ms. Leila Hollis, Deputy for Small Business, Phone: 912-652-5340.

(End of local instruction)

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

10.2% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is ROANOKE

COUNTY, VIRGINIA.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY

2002)

(a) Definitions. Construction material, domestic construction material, and foreign construction material, as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be TWENTY percent of the bid price or $3,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

USACE, SAVANNAH REGIONAL CONTRACTING CENTER, WILMINGTON CONTRACTING OFFICE, PO

BOX 1890, WILMINGTON, NC 28402-1890.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: LARRY CREECH Address: USAED, WILMINGTON, PO BOX 1890, WILMINGTON, NC 28402-1890 Telephone: 910-251-4718

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999)

(a) The offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter “CAGE” before the number.

(b) If the offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Information Service (DLIS). The Contracting Officer will--

(1) Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

(2) Complete section A and forward the form to DLIS; and

(3) Notify the Contractor of its assigned CAGE code.

(c) Do not delay submission of the offer pending receipt of a CAGE code.

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00600 - Representations & Certifications

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated…