W912HP-18-B-0005_FY18_JBC_Dredging.pdf
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- FY18 Joint Base Charleston Dredging
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| W912HP-18-B-0005-U0003__Amendment_03.pdf | ||
| 9609W-HP0008_REVa.pdf | ||
| 20180517_JBC_BARGEBASIN_MB_CT.xyz | XYZ file | |
| W912HP18B0005_AMD_02.pdf | ||
| 20180500_JBC_Sh1_MB_CT.xyz | XYZ file | |
| 20180510_JBC_Sh4a_MB_CT.xyz | XYZ file | |
| 20180514_JBC_Sh3a-Sh5_MB_CT.xyz | XYZ file | |
| 20180523_JBC_SH4_MB_CT.xyz | XYZ file | |
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| 20180510_JBC_Sh2a_MB_CT.xyz | XYZ file | |
| 20180509_JBC_GC_MB_CT.xyz | XYZ file | |
| 9609W-HP0011_REVa.pdf | ||
| Amendment_01_W912HP-18-B-0005.pdf | ||
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W912HP-18-B-0005 FY18 Joint Base Charleston Maintenance Dredging
The w ork consists of maintenance dredging approximately 1,649,800 cubic yards of unclassif ied material from the Joint Base Charleston
(JBC) Channel (Shoals 1, 2, 2A, 3A, 4, 4A, 5, 6, 6A), Goose Creek Boat House, and TC Dock located in Berkley County, SC. The material shall be deposited in the Yellow House Creek Placement Area. The w ork includes complying w ith the requirements of the applicable USACE
Regulatory issued permits, the Endangered Species Act, and the Marine Mammals Protection Act.
MAGNITUDE OF WORK: $3,000,000 TO 6,000,000
The North American Industry Code (NAICS) is 237990, Other Heavy and Civil Engineering w ith a SBA
Business Size Standard of $27,500,000.00 for Dredging.
The Contractor must be registered in System for Aw ard Management (SAM). The Solicitation and any subsequent Amendments w ill only be available in electronic format dow nloadable from the internet.
Bidders must be registered at the Federal Business Opportunity w ebsite (w w w .fbo.gov) in order to view or dow nload Solicitation documents. It is the responsibility of bidders to monitor the FBO w ebsite for Notices and Amendments.
This is a 100% Small Business Set-Aside
X
EUGENE M BURNS 843-329-8194
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
31-Jul-2018
(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 _______30 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2018 (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 _______90 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, CHARLESTON
DISTRICT, CONTRACTING DIVISION
69-A HAGOOD AVENUE
CHARLESTON SC 29403
W912HP
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)
843-329-2322FAX:TEL: 843-329-8060 TEL: FAX:
W912HP18B0005 48
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
W912HP18B0005
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
MOBILIZATION AND DEMOBILIZATION-MAINTENANCE DREDGING IN
JOINT BASE CHARLESTON CHANNEL (SHOALS 1,2,2A,3A,4,4A,5)
FOB: Destination
NET AMT
0002 1,265,000 Cubic
Yard
DREDGING OF UNCLASSIFIED MATERIAL SHOALS- SHOALS 2, 4, 4A, 5
0003 54,000 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-SHOAL 1
0004 72,000 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-SHOAL 2A
0005 180,000 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-SHOAL 3A
OPTION DREDGING OF UNCLASSIFIED MATERIAL-MATERIAL AT TC DOCK
0006AA 1 Job
OPTION MOBILIZATION AND DEMOBILIZATION-MAINTENANCE DREDGING IN
JOINT BASE CHARLESTON CHANNEL TC DOCK
0006AB 1 Job OPTION DESC (Sta. 1703+90 to 1704+90)FOB: Destination
0006AC 48,000 Job OPTION MSDDC (Sta. 1704+90 to 1720+83)FOB: Destination
0007 1 Job
OPTION MOBILIZATION AND DEMOBILIZATION-MAINTENANCE DREDGING
PIER X-RAY SHOALS 6, 6A
0008 15,000 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-SHOAL 6 - PIER X-RAY
NORTH
0009 1 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-SHOAL 6A - PIER X-RAY
NORTH
OPTION DREDGING OF UNCLASSIFIED MATERIAL-GOOSE CREEK BOAT HOUSE
0010AA 1 Job
OPTION MOBILIZATION AND DEMOBILIZATION-MAINTENANCE DREDGING IN
JOINT BASE CHARLESTON CHANNEL - GOOSE CREEK BOAT HOUSE
0010AB 12,000 Cubic
OPTION DREDGING OF UNCLASSIFIED MATERIAL-GOOSE CREEK BOAT HOUSE
BID SCHEDULE
SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
ITEM NO. DESCRIPTION
ESTIMATED
QUANTITY
U/I UNIT PRICE AMOUNT
BASE
MOBILIZATION AND DEMOBILIZATION
MAINTENANCE DREDGING IN JOINT BASE
CHARLESTON CHANNEL (SHOALS
1,2,2A,3A,4,4A,5)
1 LS LUMP SUM $_________
DREDGING OF UNCLASSIFIED MATERIAL
SHOALS 2,4,4A,5
1,265,000 CY $_________ $_________
TOTAL (COMBINATION OF BASE BID
ITEMS 0001-0002)
OPTIONS
DREDGING OF UNCLASSIFIED MATERIAL
SHOAL 1
54,000 CY $_________ $_________
SHOAL 2A
72,000 CY $_________ $_________
SHOAL 3A
180,000 CY $_________ $_________
TC DOCK
0006AA
MAINTENANCE DREDGING IN JOINT BASE
CHARLESTON CHANNEL TC Dock
1 LS LUMP SUM $_________
0006AB DESC (Sta. 1703+90 to 1704+90) 1 LS LUMP SUM $_________
0006AC MSDDC (Sta. 1704+90 to 1720+83) 48,000 CY $_________ $_________
MAINTENANCE DREDGING PIER X-RAY
SHOALS 6, 6A
SHOAL 6 - PIER X-RAY NORTH
15,000 CY $_________ $_________
SHOAL 6A - PIER X-RAY NORTH
1,800 CY $_________ $_________
GOOSE CREEK BOAT HOUSE
0010AA
MAINTENANCE DREDGING IN JOINT BASE
CHARLESTON CHANNEL - GOOSE CREEK
BOAT HOUSE
0010AB
GOOSE CREEK BOAT HOUSE
12,000 CY $_________ $_________
TOTAL (COMBINATION OF OPTIONAL
BID ITEMS 0003-0010)
TOTAL
TOTAL (COMBINATION OF ALL BID
ITEMS 0001-0010)
STATEMENT
Enter prices where space is provided for ALL items. Failure to follow this instruction may render the bid non-responsive and the bid will not be considered for award.
All bidders are advised materially unbalanced bids may be rejected as non-responsive. See FAR 52.214-19 Contract
Award – Sealed Bidding – Construction.
Quantities indicated are ESTIMATED and are comprised of material within the required channel prism including the maximum pay slope material and the allowable overdepth as defined in the contract drawings.
Section 00 21 13 - Instructions to Bidders
BIDDER INSTRUCTIONS
1. PRE BID CONFERENCE
A Pre-Bid Conference will be held via teleconference on 08 August 2018, 10:00 to 10:30
Eastern Standard Time.
Teleconference call in information is:
USA TOLL-FREE: 888-557-8511
USA CALLER PAID/INTERNATIONAL TOLL 215-446-3649
ACCESS CODE: 5559526
SECURITY CODE: 6271
2. BIDDER INQUIRY KEY
Technical Inquiries are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key: NKN5SN-ZWVJ2K All questions regarding this IFB must be submitted in writing via aforementioned method no later than 21 AUGUST
2018 at 4:00 P.M. EDT. The Government reserves the right to decline addressing questions or inquiries received after this date. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register go to the webpage, click
“register,” select agency “USACE,” select site “SAC Charleston District,” fill in all required information and click Register. Once registered, return to the webpage above, enter your e-mail address and Bidder Inquiry Key for this solicitation listed above and click login. If requested, verify the information on the next screen is correct and then click continue. Once logged in, you may view all bidder inquiries or add an inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
3. AWARD TO RESPONSIBLE BIDDER
In accordance with FAR 9.104-1, To be determined responsible, a bidder must –
* Have adequate financial resources to perform the contract, or the ability to obtain them;
* Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
* Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;
* Have a satisfactory record of integrity and business ethics;
* Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);
* Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
* Be otherwise qualified and eligible to receive an award under applicable laws and regulations
In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the
Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. The below information will be requested of the apparent low offeror. This information is not required to be responsive to the invitation for bid.
a) Banking Information to include Branch/Location, Point of Contact and Telephone
Number. Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.
b) Current commitments and expected dates of completion
4. BID EVALUATION AND AWARD
The Government will evaluate bids in response to this solicitation based upon the Total
Evaluated Price 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. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.
The Government will evaluate offers for award purposes by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the
Government to exercise the optional items. Optional items, if exercised, will be awarded in accordance with clause 52.217-7.
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.204-6 Unique Entity Identifier OCT 2016
52.214-3 Amendments To Invitations For Bids DEC 2016
52.214-4 False Statements In Bids APR 1984
52.214-5 Submission Of Bids DEC 2016
52.214-6 Explanation To Prospective Bidders APR 1984
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999
52.214-18 Preparation of Bids-Construction APR 1984
52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
52.219-4 Notice of Price Evaluation Preference for HUBZone Small
Business Concerns
OCT 2014
52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
CLAUSES INCORPORATED BY FULL TEXT
52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)
In compliance with the solicitation, the bidder agrees, if this bid is accepted within 90 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.
(End of clause)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM FIXED PRICE (FFP) contract resulting from this solicitation.
(End of provision)
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 __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.
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
U.S. Army Corps of Engineers, Charleston District, Contracting Division, 69A Hagood Avenue, Charleston, SC, 29403
(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: KEVIN WIDNER Address: 1055 REMOUNT ROAD, BUILDING 3555
NORTH CHARLESTON, SC, 29406-3539
Telephone: 843-329-8214
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) can be found at the following website:
https://acquisition.gov/far/index.html
Defense Federal Acquisition Regulation Supplement (DFARS) procedures guidance and information can be found at the following website:
https://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
Section 00 45 00 - Representations and Certifications
52.204-7 System for Award Management OCT 2016
52.209-7 Information Regarding Responsibility Matters JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $27,500,000.
(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 provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM 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 SAM 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 $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or
Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(v) 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.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 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.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 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.
(xii) 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.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 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.
(xv) 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.
(xvi) 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.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and
III.) 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 $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-
5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-
Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 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 SAM website accessed through https://www.acquisition.gov. After reviewing the SAM 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, identifying change 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 SAM.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
https://www.acquisition.gov/
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities--
Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM 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 FAR 52.204-8(c) and paragraph (d) 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, identifying change by provision 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/DFARS 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 located in the SAM database.
LOCAL PROVISIONS AND CLAUSES
PLANT AND EQUIPMENT SCHEDULE—LIST
Available Plant To Be Used
Number Type Capacity Manufacturer Age & Condition Location
Number Type Capacity Manufacturer Age & Condition
Location
*NOTE: Provide separate table for each type of equipment such as excavation, pile driving, concrete plant, material handling, etc. Use separate line for each major item. Use additional page if necessary.
NOTE FOR DREDGING:
1. In preparing the above tabulation, the bidder shall insert the following information under the appropriate heading, using a separate line for each major item. Use additional pages if necessary.
a. Number. For dredges, give identifying number and name.
b. Type. Under this heading, give description as follows: For bucket and hopper dredges, show bucket capacity in cubic yards, horsepower of hoist engine, type of power, and number of swings per hour; for pipeline dredges, show inside diameter of discharge pipe, horsepower of pump engine, and type of power.
c. Capacity. Under this heading, state the estimated capacity of the plant in cubic yards per month when working materials similar to those which it is anticipated will be encountered in performance of work.
2. The following statement will be executed by all bidders: The plant ( ) will, ( ) will not, have the facilities for furnishing the meals required by the "Accommodations and Meals for Inspectors" paragraph of the contract.
(End of schedule)
CERTIFICATE OF AUTHORITY TO BIND CORPORATION
Offeror, if a corporation, shall cause the following certificate to be executed under its corporate seal. The same officer shall not sign both the offer and this certificate.
CERTIFICATE
I, ______________________________________________, (Name) ______________________________________ of the corporation named as Offeror
(Title) herein, certify that ______________________________________________, who
(Name of person who signed offer) signed this offer on behalf of the corporation (Offeror), was then
____________________________________ of said corporation, and that said offer was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.
(Signature)
(CORPORATE
SEAL)
(Typed Name)
(End of paragraph)
SUBCONTRACTING REPRESENTATION
(a) Part of the work included in this offer ( ) will, ( ) will not, be subcontracted. Subcontractor ( ) is, ( ) is not, a Small Business Concern as defined in the provision entitled SMALL BUSINESS CONCERN
REPRESENTATION.
(b) Part of the work included in this offer ( ) will, ( ) will not, be subcontracted to a Small Disadvantaged Business Concern as defined in the provision entitled SMALL DISADVANTAGED BUSINESS CONCERN
REPRESENTATION.
Name and Address of Subcontractor: ___________________________________
Estimated percentage of work to be subcontracted: ____________________
Type of work to be subcontracted: ____________________________________
(End of paragraph)
(UAI 5122.1302-100) Veterans Employment Emphasis for U.S. Army Corps of Engineers
Contracts
In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision
52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of
Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
U.S. Department of Labor Veterans employment: www.vets.gov/
Federal veteran employment information: www.fedshirevets.gov/index.aspx Veterans’
Employment and Training Service (VETS): http://www.dol.gov/vets/ Veterans Opportunity to
Work (VOW) Program: http://benefits.va.gov/vow/
U.S. Army Warrior Transition Command Employment Index:
wtc.army.mil/modules/employers/index.html
Hiring Our Heroes initiative: www.uschamberfoundation.org/hiring-our-heroes
Guide to Hiring Veterans:
www.whitehouse.gov/sites/default/files/docs/white_house_business_counc il_-_guide_to_hiring_veterans_0.pdf.
5152.222-9000 Contractor Supply and Use of Electronic Software for
Processing Wage Rate Requirements Statute Certified Labor Payrolls
CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR
PROCESSING WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR
PAYROLLS (APR 2011)
(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.
(b) If the contractor elects to use an electronic payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with the Wage Rate Requirements statute.
When the contractor uses an electronic payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the http://www.vets.gov/ http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/ http://www.uschamberfoundation.org/hiring-our-heroes http://www.whitehouse.gov/sites/default/files/docs/white_house_business_counc electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the
Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.
(c) The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:
(1) commercially available;
(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the
Federal Acquisition Regulation (FAR);
(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract
(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management
System (RMS), that in turn shall export payroll data to the Government's RMS;
(5) demonstrated security of data and data entry rights;
(6) ability to produce contractor-certified electronic versions of weekly payroll data;
(7) ability to identify erroneous entries and track the date/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;
(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic payroll processing system shall be provided to the Government during contract closeout.
(d) All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate
Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.
5152.231-9000 Equipment Ownership and Operating Expense Schedule.
EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)
(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for Settlement of Proposals, and Federal Acquisition Regulation (FAR) part 49.
(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110-1-8, Construction
Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.
(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and
FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.
(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing
Proposal C ver Sheet.
5152.249-9000 Basis for Settlement of Proposals (Mar 2009)
Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:
a. Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.
b. If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.
c. Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.
d. Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation (FAR) 31.205-11).
e. License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
(END OF LOCAL PROVISIONS AND CLAUSES)
(End of Section 00 45 00 – Representations and Certifications)
Section 00 70 00 - Conditions of the Contract
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-15 Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009
JUN 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.211-13 Time Extensions SEP 2000
52.219-8 Utilization of Small Business Concerns NOV 2016
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-6 Construction Wage Rate Requirements MAY 2014
52.222-7 Withholding of Funds MAY 2014
52.222-8 Payrolls and Basic Records MAY 2014
52.222-9 Apprentices and Trainees JUL 2005
52.222-10 Compliance with Copeland Act Requirements FEB 1988
52.222-11 Subcontracts (Labor Standards) MAY 2014
52.222-12 Contract Termination-Debarment MAY 2014
52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988
52.222-15 Certification of Eligibility MAY 2014
52.222-16 Approval of Wage Rates MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.222-99 Establishing a Minimum Wage for Contractors
(DEVIATION)
JUN 2014
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-10 Notice of Buy American Requirement--Construction
Materials
MAY 2014
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.226-1 Utilization Of Indian Organizations And Indian-Owned
Economic Enterprises
JUN 2000
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-4 Patent Indemnity-Construction Contracts DEC 2007
52.228-2 Additional Bond Security OCT 1997
52.228-11 Pledges Of Assets JAN 2012
52.228-14 Irrevocable Letter of Credit NOV 2014
52.228-15 Performance and Payment Bonds--Construction OCT 2010
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014
52.232-17 Interest MAY 2014
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-27 Prompt Payment for Construction Contracts JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-2 Differing Site Conditions APR 1984
52.236-3 Site Investigation and Conditions Affecting the Work APR 1984
52.236-5 Material and Workmanship APR 1984
52.236-6 Superintendence by the Contractor APR 1984
52.236-7 Permits and Responsibilities NOV 1991
52.236-8 Other Contracts APR 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991
52.236-14 Availability and Use of Utility Services APR 1984
52.236-15 Schedules for Construction Contracts APR 1984
52.236-16 Quantity Surveys APR 1984
52.236-17 Layout of Work APR 1984
52.236-19 Organization and Direction of the Work APR 1984
52.236-21 Specifications and Drawings for Construction FEB 1997
52.236-26 Preconstruction Conference FEB 1995
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.243-4 Changes JUN 2007
52.244-6 Subcontracts for Commercial Items NOV 2017
52.246-12 Inspection of Construction AUG 1996
52.246-21 Warranty of Construction MAR 1994
52.248-3 Value Engineering-Construction OCT 2015
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-10 Default (Fixed-Price Construction) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7004 Display of Hotline Posters OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7004 Drug Free Work Force SEP 1988
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.227-7033 Rights in Shop Drawings APR 1966
252.236-7000 Modification Proposals-Price…
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