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IFB No. W912HN-10-B-0006
Roanoke River Flood Reduction Project Memorial Avenue Park To Bridge Street Pedestrian Trail and Bridges
Roanoke River Basin Roanoke, Virginia
Specifications
April 2010
Memorial Avennue Park to Bridge Street W912HN-10-B-0006 Roanoke River Basin, Virginia
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00010 SOLICITATION CONTRACT FORM
00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS
00600 REPRESENTATIONS & CERTIFICATIONS
00700 CONTRACT CLAUSES
00800 SPECIAL CONTRACT REQUIREMENTS
00 01 15 LIST OF DRAWINGS
DIVISION 01 - GENERAL REQUIREMENTS
01 10 00.10 38 SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 35 70 SPECIAL PROVISIONS FOR PROTECTION OF RAILWAY INTEREST
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 01.10 QUALITY CONTROL SYSTEM (QCS)
01 45 01 CONTRACTOR QUALITY CONTROL
01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS
01 57 20.00 10 ENVIRONMENTAL PROTECTION
01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL
01 62 35 RECYCLED / RECOVERED MATERIALS
01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT
DIVISION 02 - EXISTING CONDITIONS
02 41 00 DEMOLITION
02 61 13 EXCAVATION AND HANDLING OF CONTAMINATED MATERIAL
DIVISION 03 - CONCRETE
03 11 13.00 10 STRUCTURAL CONCRETE FORMWORK
03 15 13.00 10 EXPANSION JOINTS, CONTRACTION JOINTS, AND WATERSTOPS
03 20 01.00 10 CONCRETE REINFORCEMENT
03 31 00.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE
DIVISION 05 - METALS
05 05 23.13 10 ULTRASONIC INSPECTION OF WELDMENTS
05 05 23 WELDING, STRUCTURAL
05 12 00.00 38 PREFABRICATED PEDESTRIAN BRIDGE
05 12 00 STRUCTURAL STEEL
05 52 00 METAL RAILINGS
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
06 10 00 ROUGH CARPENTRY
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07 11 13 BITUMINOUS DAMPPROOFING
PROJECT TABLE OF CONTENTS Page 1
Memorial Avennue Park to Bridge Street W912HN-10-B-0006 Roanoke River Basin, Virginia
DIVISION 10 - SPECIALTIES
10 14 03.00 38 SIGNS
DIVISION 12 - FURNISHINGS
12 93 00 SITE FURNISHINGS
DIVISION 31 - EARTHWORK
31 00 00 EARTHWORK
31 05 22 GEOTEXTILES USED AS FILTERS
31 11 00 CLEARING AND GRUBBING
31 63 26 DRILLED SHAFTS
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 11 24 AGGREGATE BASE COURSE
32 12 20 ASPHALT CONCRETE PAVEMENT
32 12 43.00 38 POROUS PAVEMENTS
32 22 13 STONE PROTECTION
32 31 10.00 10 FENCING
32 31 14.00 10 ORNAMENTAL FENCING
32 92 19 SEEDING
32 93 00 EXTERIOR PLANTS
DIVISION 33 - UTILITIES
33 40 00 STORM DRAINAGE UTILITIES
APPENDIX
A MATERIALS MANAGEMENT PLAN
-- End of Project Table of Contents --
PROJECT TABLE OF CONTENTS Page 2
W81LJ893428939
SPECIFICATIONS FOR ROANOKE RIVER FLOOD REDUCTION PROJECT, TRAIL MEMORIAL AVENUE PARK TO BRIDGE STREET, ROANOKE
RIVER BASIN, ROANOKE, VIRGINIA
ESTIMATED MAGNITUDE OF THIS PROECT IS $1,000,000 - $5,000,000
THIS IS AN UNRESTRICTED ADVERTISEMENT.
SPECIAL NOTICE: SOLICITATION/TECHNICAL INQUIRIES ARE TO BE SUBMITTED VIA ProjNet AT: w w w .projnet.org\projnet. SEE
LOCAL INSTRUCTION 52.214-4006, SECTION 00010.
DUE TO SECURITY REQUIREMENTS, PLEASE ALLOW FOR DELAYS OF APPROXIMATELY 30 MINUTES FOR PERSONS AND MATERIALS
ENTERING THE DISTRICT HEADQUARTERS BUILDING.
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
29-Apr-2010
(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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
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 ______________02 Jun 2010 (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
U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ATTH: HILDA AYERS
69 DARLINGTON AVE
WILMINGTON NC 28403-1343
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-10-B-0006 160
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
W912HN-10-B-0006
Section 00010 - Solicitation Contract Form
SPECIAL INSTRUCTIONS:
52.214.4006 Solicitation/Technical Inquiries via ProjNet
(Local Instruction - CECT-SAS Nov 2009)
1. Solicitation/Technical Inquiries.
a. Inquiries are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet.
b. If you have problems submitting your inquires via ProjNet, contact Mr. Shane Jones at 910-251-4095 or Ms. Oweita Freeman at 910-251-4741.
2. Read this paragraph in conjunction with contract provision FAR 52.214-6, “Explanation to Prospective Bidders”.
3. Any prospective bidder/offer desiring an explanation or interpretation of the solicitation, drawings specifications, etc., must request it in writing via Bidder Inquiry in ProjNet within no less than ten (10) calendar days prior to the date of bid opening or receipt of proposals. The Government reserves the right to decline addresing questions received less than ten (10) calendar days prior to receipt of bid opening or receipt of proposals.
4. ProjNet - Bidder Inquiry module.
a. To submit and review bid inquiry items, bidders/offerors will need to be a current registered user or self-register into system. To self-register go to the ProjNet web page, click BID tab, select Bidder inquiry, select agency USACE, enter Bidder Inquiry Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. Please remember your Secret Question Answer for future access to this website.
b. From this page you may view all bidder/offeror inquiries under Reports or post a new inquiry under Submit.
c. Bidders/Offerors will receive an acknowledgement of their question via email, followed by another email notification that an answer to their question has been posted after it has been reviewed by our technical team and responded to by a Contracting Officer.
d. Bidders/Offerors are responsible for checking bid inquiry items.
e. Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for the public on the report of all Bidder Inquiries.
5. Solicitation Information:
IFB/RFP No: W912HN-10-B-0006 Bidder Inquiry Key: 3X3NL8-4XKZEU (end
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lump Sum MOBILIZATION AND DEMOBILIZATIONFOB: Destination
MILSTRIP: W81LJ893428939
NET AMT
0002 1 Lump Sum SITE PREPARATIONFOB: Destination
0003 1 Lump Sum EXCAVATION SUPPORT/PROTECTIONFOB: Destination
0004 10,590 Cubic
Yard
EXCAVATION (ESTD.QTY.)FOB: Destination
0005 100 Cubic
ROCK EXCAVATION (ESTD. QTY.)FOB: Destination
0006 2,340 Cubic
SATISFACTORY FILL (ESTD.QTY.)FOB: Destination
0007 2,125 Cubic
SELECT FILL (ESTD. QTY.)FOB: Destination
0008 1,035 Vertical
Linear Feet
DRILLED SHAFTS (ESTD. QTY.)FOB: Destination
0009 485 Cubic
CONCRETE (ESTD. QTY.)FOB: Destination
0010 48,500 Pound STEEL REINFORCEMENT (ESTD.QTY.)FOB: Destination
0011 1 Lump Sum PREFABRICATED PEDESTRIAN BRIDGESFOB: Destination
0012 2,355 Ton RIPRAP SLOPE PROTECTION (ESTD.QTY.)FOB: Destination
0013 4,861 Square
ASPHALT PAVING (ESTD.QTY.)FOB: Destination
0014 96 Square
PERMEABLE CONCRETE PAVING (ESTD.QTY.)FOB: Destination
0015 4.70 Acre
TOPSOIL, SEEDING, FERTILIZER & MULCHING (ESTD.QTY.)
FOB: Destination
0016 1 Lump Sum RECREATION AND TRAFFIC SIGNSFOB: Destination
0017 1 Each COLLAPSIBLE BOLLARDS (ESTD.QTY.)FOB: Destination
0018 2,263 Linear
Foot
TIMBER RAIL ORNAMENTAL FENCE (ESTD.QTY.)FOB: Destination
0019 1 Lump Sum LANDSCAPINGFOB: Destination
0020 44 Linear
METAL ORNAMENTAL FENCE (ESTD.QTY.)FOB: Destination
0021 600 Linear
CHAIN LINK FENCE (ESTD.QTY.)FOB: Destination
0022 1 Lump Sum PERFORMANCE & PAYMENT BONDSFOB: Destination
0023 20 Days UTILITY RELOCATION DELAYS (ESTD.QTY.)FOB: Destination
OPTION NO. 1: NON-HAZARDOUS SOLID WASTE CONTAMINATED
SOIL (INFORMATION ITEM--INSERT UNIT PRICES IN SUB-CLINS
BELOW)
0024AA 1,000 Ton
0 TO 1000 TONS: SUITABLE FOR DAILY COVER AT LANDFILL
(ESTD.QTY.)
0024AB 1,000 Ton
0 TO 1000 TONS: UNSUITABLE FOR DAILY COVER AT
LANDFLL)(ESTD.QTY.)
OPTION NO. 2: NON-HAZARDOUS SOLID WASTE CONTAMINATED
SOIL: (INFORMATION ITEM--INSERT UNIT PRICES IN SUB-CLINS
BELOW).
0025AA 500 Ton
OVER 1000 TONS: SUITABLE FOR DAILY COVER AT LANDFILL
0025AB 500 Ton
OVER 1000 TONS: UNSUITABLE FOR DAILY COVER AT LANDFILL
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
TOTAL:
TOTAL BASE BID: ITEMS 0001 THRU 0023 --- $________________
TOTAL OPTION NO. 1: ITEM 0024--------------- $________________
TOTAL OPTION NO. 2: ITEM 0025--------------- $________________
TOTAL BID: ITEMS 0001 THRU 0025------------ $________________
(OFFEROR MUST QUOTE ON ALL LINE ITEMS OF THE BID SCHEDULE AND ENTER AMOUNTS AS
SHOWN ABOVE).
NOTES:
NOTE 1: THE GOVERNMENT RESERVES THE RIGHT TO EXERCISE OPTION 1 AND/OR OPTION 2
(LINE ITEMS 0024 & 0025) UPON ENCOUNTERING CONTAMINATED SOIL OF THE TYPE DESCRIBED, DURING THE CONTRACT CONSTRUCTION PERIOD.
NOTE 2: THE ABILITY TO EXERCISE OPTIONAL LINE ITEMS SHALL BE SUBJECT TO THE
AVAILABILITY OF FUNDS.
Section 00100 - Bidding Schedule/Instructions to Bidders
52.000-4001 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)
CLAUSES INCORPORATED BY FULL TEXT
52.000-4028 INFORMATION TO ALL CONTRACTORS -
Central Contractor Registration (CCR) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction – Jan 2010)
*************I M P O R 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. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your CCR by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor EFT payments.
(End of Local Instruction)
52.204-4001 OFFEROR IDENTIFICATION (CESAS-CT-C APR 1993)
Offeror is requested to furnish the following information:
Name/Address: ____________________________________________________________
Telephone No. ____________________________________________________________
DUNS: ________________________ CAGE: _______________________
(End of provision)
52.209-4005 PRE-AWARD INFORMATION
(Wilmington Local Instruction)
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.
(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)
52.214-5000 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 SUBCONTRACTING PLAN FOR SMALL BUSINESS CONCERNS
(JAN 2009 CESAS-CT)
(a) In accordance with FAR Clause 52.219-9, large businesses must submit a subcontracting plan. A sample subcontracting plan is located in Section 00800.
(b) The subcontracting targets (expressed in terms of percentages of total planned subcontracting dollars) of the Savannah District are as follows:
Small Business - 70.0% Small Disadvantaged Business - 6.2% HUBZone Small Business 9.8% Women-Owned Business - 7.0% Veteran-Owned Small Business 3.0% Service-Disabled Veteran-Owned - .9%* Small Business
If you cannot reach the above-stated targets, you must provide written justification with your subcontracting plan detailing the reasons you cannot meet the requirements.
*(c) Service-disabled Veteran-owned Small Business (SD/VOSB) is a composite of Veteran-Owned Small Business. The SD/VOSB target must be included in the Veteran-Owned small business target.
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 (FEB
2009)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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 (20) percent of the bid price or $3,000,000, 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
USAED, SAVANNAH, WILMINGTON CONTRACING OFFICE, 69 DARLINGTON AVENUE,
WILMINGTON, NC 28403-1343.
(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,69 DARLINGTON AVENUE,WILMINGTON, NC 28403-1343 Telephone: 910-251-4718
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
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $33,500,000 (Average annual receipts for preceding three (3) years cannot exceed $33,500,000).
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
(__) Paragraph (d) applies.
(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.
(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.
(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.
(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.
------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.
------(iii) 52.219-22, Small Disadvantaged Business Status.
------(A) Basic.
------(B) Alternate I.
------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.
------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.
------(ix) 52.227-6, Royalty Information.
------ (A) Basic.
------ (B) Alternate I.
------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below
(offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
(End of Provision)
52.204-4005 Online Representations and Certifications Application (ORCA).
Beginning January 1, 2005, the Federal Acquisition Regulation (FAR) requires the use of ORCA in Federal solicitations as a part of the proposal submission process. ORCA is a web-based system that centralizes and standardizes the collection, storage and viewing of many of the representations and certifications required by the Federal Acquisition Regulations and previously found in solicitations. Prospective contractors must complete the electronic representations and certifications through ORCA at http://orca.bpn.gov. The representations and certifications submitted to ORCA must be updated as necessary but at least annually to maintain an active status. In addition to the use of ORCA as required by other clause or clauses in this solicitation, prospective contractors must complete the representations and certifications included in this solicitation.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALTERNATE I (APR 2002)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $33,500,000 (Average annual receipt for preceeding three years cannot exceed $33,500,000).
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.
(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(7) (Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.) The offeror shall check the category in which its ownership falls:
____ Black American.
____ Hispanic American.
____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
____ Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned small business concern," means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice.
(1) If this solicitation is for…
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