W912P608B0003Specs.pdf

SOLICITATION NO: W912P6-08-B-0003

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

DES PLAINES RIVER,

ILLINOIS

LOCAL FLOOD PROTECTION

FLOODWALL 37

RIVER ROAD/MILWAUKEE AVENUE

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Solicitation August 18, 2008

Des Plaines River, IL, Local W912P6-08-B-0003 Flood Protection Floodwall 37

TABLE OF CONTENTS

SECTION TITLE

DIVISION 00 PROCUREMENT & CONTRACTING REQUIREMENTS

00010 SOLICITATION, OFFER AND AWARD, SF 1442, BIDDING SCHEDULE

00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00600 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

00800A GEOTECHNICAL DATA

00800B EXISTING CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS

01100 GENERAL PROVISIONS

01270 MEASUREMENT AND PAYMENT

01312 QUALITY CONTROL SYSTEM

01320A PROJECT SCHEDULE FOR NORTHERN AREA AND MCCOOK FIELD OFFICES

01330 SUBMITTAL PROCEDURES

01355 ENVIRONMENTAL PROTECTION

01420 SOURCES FOR REFERENCE PUBLICATIONS

01451 CONTRACTOR QUALITY CONTROL

01500 TEMPORARY CONSTRUCTION FACILITIES

01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01550 MAINTENANCE OF TRAFFIC

01580 PROJECT SIGN AND SAFETY SIGN

DIVISION 02 - SITE WORK

02215 COFFERDAMS

02220 DEMOLITION

02231 CLEARING AND GRUBBING

02300 EARTHWORK

02373 GEOTEXTILES USED AS FILTERS AND UNDERLAYS

02380 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR STRUCTURES

02464 METAL SHEET PILING

02630 STORM DRAINAGE

02741 BITUMINOUS CONCRETE PAVEMENT

02920 SEEDING

02931 TREE PROTECTION

02938 STONE PATHWAYS

DIVISION 03 - CONCRETE

03250 CONCRETE ANCHORS AND DOWELS

03300 CONCRETE

DIVISION 04 - NOT USED

DIVISION 05 - METALS

05055 METALWORK FABRICATION, MACHINE WORK, MISCELLANEOUS PROVISIONS

05502 METALS: MISCELLANEOUS, STANDARD ARTICLES, SHOP FABRICATED

ITEMS FOR CIVIL WORKS STRUCTURES

Des Plaines River, IL, Local W912P6-08-B-0003 Flood Protection Floodwall 37

DIVISION 09 - FINISHES

09964 PAINTING: HYDRAULIC STRUCTURES

DIVISION 11 - EQUIPMENT

11280 SLUICE AND FLAP GATES

11289 CLOSURE GATES

11310 SUBMERSIBLE DEWATERING PUMPS (DWP)

DIVISION 15 - MECHANICAL

15060 4-INCH AND 12-INCH DISCHARGE PIPING AND FITTINGS

15132 SUBMERSIBLE PUMP, MIXED-FLOW TYPE

DIVISION 16 - ELECTRICAL

16225 PUMP CONTROLLER

16415 ELECTRICAL WORK

-- End of Project Table of Contents --

W81G660550225

DES PLAINES RIVER, ILLINOIS LOCAL FLOOD PROTECTION FLOODWALL 37, RIVER ROAD/MILWAUKEE AVENUE, PROSPECT HEIGHTS AND

MOUNT PROSPECT, COOK COUNTY, ILLINOIS

COMPETITION FOR THIS ACQUISITION IS LIMITED TO ELIGIBLE 8(a) BUSINESS FIRMS

Under this contract set, the Contractor w ill be responsible for providing all necessary labor, equipment, facilities, and materials to place 8,130 linear feet of earthen levee and f loodw all; construction related activities include: earth w ork, three pump stations, ten outlet closures, one backflow structure, a raised drivew ay, a turn-around area, a sw ing gate and other w ork items identif ied in the Bid Schedule.

The North American Industry Classif ication System Code is 237990 w ith a size standard in dollars of $31.0 Million.

The estimated magnitude of cost for construction is betw een $10M and $25M.

The applicable General Decision Number is IL080009, dated 07/25/2008.

ELECTRONIC OR FAXED BIDS WILL NOT BE ACCEPTED

AWARD IS PURSUANT TO THE ACQUISITION OF REAL ESTATE.

X

LINDA L ZAMAROCY 312.846.5374

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

18-Aug-2008

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1145 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________SECTION 00700

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 specified in Item 8 by ___________ local time ______________19 Sep 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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 ENGINEER DISTRICT, CHICAGO

111 NORTH CANAL STREET SUITE 600

CHICAGO IL 60606-7206

W912P6

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)

FAX:TEL: TEL: FAX:

W912P6-08-B-0003 75

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

W912P6-08-B-0003

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

MOBILIZATION & DEMOBILIZATION

Firm Fixed Price (FFP)

PURCHASE REQUEST NUMBER: W81G660550225

NET AMT

0002 1 Lump Sum

TEMPORARY FIELD OFFICE, PROJECT AND

SAFETY SIGNS

FFP

0003 1 Lump Sum

CLEARING AND GRUBBING

ITEM NO SUPPLIES/SERVICES

I-WALL

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

FORTH ITS PRICING AT THE ASSOCIATED SUB-ITEMS FOR THIS ITEM;

REFER TO SUB-ITEMS 0004AA THROUGH 0004AD.

0004AA 91,130 Square

Foot

STEEL SHEET PILE AZ-13

0004AB 21,380 Square

STEEL SHEET PILE AZ-18

0004AC 23,690 Square

STEEL SHEET PILE AZ-46

0004AD 1 Lump Sum

REINFORCED CONCRETE AND MISCELLANEOUS

METAL

EARTHWORK

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0005AA THROUGH 0005AE.

0005AA 230 Cubic

Yard

EARTHERN LEVEE (STA 203+16 TO 208+62)

0005AB 2,300 Cubic

SATISFACTORY FILL FOR DRIVEWAY No. 1

0005AC 3,100 Cubic

STRIPPING TOPSOIL

0005AD 3,020 Linear

SWALE GRADING

0005AE 90 Cubic

REPTILE CROSSING 1 & 2

CLOSURE NO.1

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0006AA THROUGH 0006AD.

0006AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0006AB 1 Lump Sum

SLUICE GATE FOR 60"X60"

0006AC 1 Lump Sum

FLAP GATE FOR 60"X60"

0006AD 1 Lump Sum

FLAP GATE FOR 24"X24"

PUMP STATION 1

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0007AA THROUGH 0007AE.

0007AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0007AB 1 Lump Sum

PUMPS, DISCHARGE PIPING AND VALVES

0007AC 1 Lump Sum

METAL WORK FABRICATION, MACHINE WORK AND

MISC. METAL

0007AD 1 Lump Sum

ELECTRICAL WORK AND PUMP CONTROLLER

0007AE 1 Lump Sum

PAINTING OF HYDRAULIC STRUCTURE

FOREST PRESERVE DISTRICT DRIVEWAY RAISE

NO. 1

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0008AA THROUGH 0008AF.

0008AA 235 Square

STRIP AGGREGATE BASE COURSE, BITUMINOUS

BINDER AND BITUMINOUS SURFACE

0008AB 140 Net Ton

(2,000 LB)

AGGREGATE BASE COURSE

0008AC 235 Square

BITUMINOUS BINDER

0008AD 235 Square

BITUMINOUS SURFACE

0008AE 235 Square

GEOTEXTILE

0008AF 170 Linear

CONCRETE CURB AND GUTTER

FOREST PRESERVE DISTRICT DRIVEWAY RAISE

NO. 2

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0009AA THROUGH 0009AE.

0009AA 850 Square

STRIP AGGREGATE BASE COURSE, BITUMINOUS

BINDER AND BITUMINO

0009AB 560 Net Ton

AGGREGATE BASE COURSE

0009AC 950 Square

BITUMINOUS BINDER

0009AD 950 Square

BITUMINOUS SURFACE

0009AE 390 Linear

CONCRETE CURB AND GUTTER

CLOSURE NO. 2

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0010AA THROUGH 0010AC.

0010AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0010AB 1 Lump Sum

SLUICE GATE FOR 36"X36"

0010AC 1 Lump Sum

FLAP GATE FOR 36"X36"

CLOSURE NO. 3

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0011AA THROUGH 0011AC.

0011AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0011AB 1 Lump Sum

SLUICE GATE FOR 24"X24"

0011AC 1 Lump Sum

FLAP GATE FOR 24"X24"

CLOSURE NO. 4

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0012AA THROUGH 0012AC.

0012AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0012AB 1 Lump Sum

SLUICE GATE FOR 24"X24"

0012AC 1 Lump Sum

FLAP GATE FOR 24"X24"

CLOSURE NO.5

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0013AA THROUGH 0013AC.

0013AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0013AB 1 Lump Sum

SLUICE GATE FOR 30"X30"

0013AC 1 Lump Sum

FLAP GATE FOR 30"X30"

STRUCTUAL ADDITIONS NO. 1

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0014AA THROUGH 0014AB.

0014AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0014AB 1 Lump Sum

SLUICE GATES FOR 54"X54"

PUMP STATION 2

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0015AA THROUGH 0015AF.

0015AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0015AB 1 Lump Sum

METAL WORK FABRICATION, MACHINE WORK AND

MISC. METAL

0015AC 1 Lump Sum

PUMPS, DISCHARGE PIPING AND VALVES

0015AD 1 Lump Sum

ELECTRICAL WORK AND PUMP CONTROLLER

0015AE 1 Lump Sum

SLUICE GATES FOR 24"X24"

0015AF 1 Lump Sum

PAINTING OF HYDRAULIC STRUCTURE

CLOSURE NO. 6

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0016AA THROUGH 0016AB.

0016AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0016AB 1 Lump Sum

SLUICE GATE FOR 60"X60"

CLOSURE NO. 7

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0017AA THROUGH 0017AC.

0017AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0017AB 1 Lump Sum

SLUICE GATE FOR 30"X30"

0017AC 1 Lump Sum

FLAP GATE FOR 30"X30"

CLOSURE NO. 8

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0018AA THROUGH 0018AC.

0018AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0018AB 1 Lump Sum

SLUICE GATE FOR 60"X60"

0018AC 1 Lump Sum

FLAP GATE FOR 60"X60"

CLOSURE NO. 9

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0019AA THROUGH 0019AC.

0019AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0019AB 1 Lump Sum

SLUICE GATE FOR 60"X60"

0019AC 1 Lump Sum

FLAP GATE FOR 60"X60"

PUMP STATION NO. 3

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0020AA THROUGH 0020AE.

0020AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0020AB 1 Lump Sum

METAL WORK FABRICATION, MACHINE WORK AND

MISC. METAL

0020AC 1 Lump Sum

PUMPS, DISCHARGE PIPING AND VALVES

0020AD 1 Lump Sum

ELECTRICAL WORK AND PUMP CONTROLLER

0020AE 1 Lump Sum

PAINTING OF HYDRAULIC STRUCTURE

CLOSURE NO. 10

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0021AA THROUGH 0021AD.

0021AA 1 Lump Sum

REINFORCED CONCRETE STRUCTURE AND MISC.

METAL

0021AB 1 Lump Sum

SLUICE GATE FOR 36"X36"

0021AC 1 Lump Sum

FLAP GATE FOR 36"X36"

0021AD 1 Lump Sum

FLAP GATE FOR 24"X24"

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT

SWING GATE

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0022AA THROUGH 0022AB.

0022AA 1 Lump Sum

SWING GATE CLOSURE

0022AB 300 Cubic

CLAY EMBANKMENT

GRAVEL PATH

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0023AA THROUGH 0023AB.

0023AA 560 Net Ton

COARSE AGGREGATE CA-6

0023AB 2,100 Square

0024 1,287.50 Linear

GUARDRAIL

RIPRAP

FFP

THIS IS A PARENT LINE ITEM; THEREFORE, THE BIDDER SHALL SET

REFER TO SUB-ITEMS 0025AA THROUGH 0025AD.

0025AA 1,520 Net Ton

IDOT GRADATION NO. 4

0025AB 1,230 Net Ton

IDOT GRADATION NO. 5

0025AC 590 Net Ton

BEDDING

0025AD 2,000 Square

0026 1 Lump Sum

STORM DRAINAGE STRUCTURES

0027 2 Acre

SEEDING

0028 290 Linear

TREE PROTECTION

0029 1 Lump Sum

COFFERDAMS

0030 1 Lump Sum

DEMOLITION

0031 1 Lump Sum

MAINTENANCE OF TRAFFIC

0032 1 Lump Sum

SITE SECURITY

0033 3,300 Linear

HANDRAIL

0034 1 Lump Sum

PERFORMANCE AND PAYMENT BONDS

COST REIMBURSABLE ITEM:

The Government will reimburse the Contractor for the actual cost of acceptable performance and payments bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will be modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.

NOT TO EXCEED

TOTAL BID AMOUNT (ITEMS 0001 THROUGH 0034) $________________

BID SCHEDULE NOTES:

1. PRE-BID MEETING AND SITE VISIT:

A Pre-Bid Meeting and Site Visit has been scheduled for this acquisition to discuss the bidding process and various aspects of the Project. The meeting will take place on Friday, September 5, 2008 at 10:00 a.m. at the Village of Mount Prospect, Village Hall, 50 S. Emerson Street, Mount Prospect, IL 60056. The site visit will follow immediately thereafter.

2. BID CONDITIONS:

a. The bidder's total price for the work shall be based on the TOTAL of all BID ITEMS included in the above Bid Schedule, with no exceptions. The Government intends to award all BID ITEMS to the successful bidder at the bid prices stated in the Bid Schedule.

b. Split awards or multiple award contracts will not result from this Solicitation.

c. Bidders are required to complete the entire Bid Schedule; therefore, any bidder who does not complete the entire Bid Schedule may be considered non-responsive to the Solicitation and ineligible for award.

3. NOTICE TO PROCEED LETTERS: The Contractor will be issued two separate Notice to Proceed Letters for this project.

a. Notice #1 will be issued following the government’s approval of the Contractor’s Bonds and Insurance. Under this particular Notice, the Contractor will be authorized to initiate work that is considered to be administrative in nature, e.g. the Notice will not authorize any on-site work.

b. Notice to Proceed Letter #2 will be issued once the Contractor satisfies the permit requirements called out in Section 01100, Sub-Paragraph 1.22 of the Contract Specifications and the IDOT Highway Permit has been obtained by the Government. By way of Letter #2, the Contractor will be authorized to perform the entire work of the contract, prosecute the work diligently, and complete the entire work ready for use not later than 1,145 calendar days following its acknowledgement of the Notice to Proceed Letter #1. The time stated for completion shall include final cleanup of the premises.

4. SUBMISSION OF BIDS:

a. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED. All sealed Bids must be submitted in accordance with the procedures set forth in BLOCK NO. 13 of PAGE 1 of this Solicitation Document.

b. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, OR by completing Blocks 8 and 15 of the

Amendment (Standard Form 30), OR by separate letter, OR by telegram prior to opening of bids. Failure to acknowledge all amendments may cause rejection of the bid.

c. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located under the section designated as "OFFER" (refer to Items 14. through 20C.)

d. SECTION 00600 (REPRESENTATIONS AND CERTIFICATIONS): The bidder must fully complete Section 00600 of this Solicitation and submit it along with all other documents required by this Solicitation. Bids received without this Section fully completed may be rejected, considered non-responsive and ineligible for award.

e. BID GUARANTEE: The bidder is required to submit a Bid Guarantee for this procurement. Any bidder failing to submit an authentic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award. The Bid Guarantee shall be in the amount of 20% percent of the bidder's bid price or $3,000,000.00, whichever is less.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-21 Descriptive Literature APR 2002 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-18 Alt I Notification of Competition Limited to Eligible 8(A)

Concerns (Jun 2003) - Alternate I

APR 2005

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

JAN 2005

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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.

52.214-6 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 Construction contract resulting from this solicitation.

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

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

19.6% 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 Illinois, Cook County, Mount Prospect and Prospect Heights.

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 $3Million, 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

Regina G. Blair Chief, Contracting Branch U.S. Army Corps of Engineers 111 North Canal Street, Suite 600 Chicago, Illinois 60606

(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: Richard Hurt Telephone: (847) 688-4431 extension 112

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):

www.arnet.gov/far

(End of provision http://www.arnet.gov/far

Section 00600 - Representations & Certifications

52.219-8 Utilization of Small Business Concerns MAY 2004 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

DEC 2001

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

OCT 2006

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 31 Million Dollars.

(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 (c) 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 (b) 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 (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) 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 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 ORCA.

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 31 Million Dollars..

(3) The small business size standard for a concern which submits an offer in its own…