W912P609B0021_Dispersal Barrier 2B_Solicitation Specs.pdf

SOLICITATION NO: W912P6-09-B-0021

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

CHICAGO SANITARY AND SHIP CANAL (CSSC)

AQUATIC NUISANCE SPECIES

ELECTRICAL DEMONSTRATION

PERMANENT DISPERSAL BARRIER IIB

CONSTRUCTION SOLICITATION AND

SPECIFICATIONS

Solicitation August 11, 2009

Permanent Dispersal Barrier IIB W912P6-09-B-0021

TOC Page 2 of 3

TABLE OF CONTENTS

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

DIVISION 00 Level 2 - AVAILABLE INFORMATION

00 31 32.13 03 SUBSURFACE DRILLING AND SAMPLING INFORMATION

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00.00 03 GENERAL PROVISIONS

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 32 01.01 10 PROJECT SCHEDULE FOR NORTHERN AREA FIELD OFFICE

01 33 00 SUBMITTAL PROCEDURES

01 35 26.00 03 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.00 03 USACE QUALITY CONTROL

01 45 01.10 03 USACE QUALITY CONTROL SYSTEM (QCS)

01 52 02 TEMPORARY CONSTRUCTION FACILITIES

01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00.00 03 PROJECT SIGN AND SAFETY SIGN

01 78 23 OPERATION AND MAINTENANCE DATA

01 99 99 GENERAL CONSTRUCTION - ARCHITECTURAL

DIVISION 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CONCRETE FORMWORK

03 20 01.00 10 CONCRETE REINFORCEMENT

03 31 00.00 10 CAST-IN-PLACE STRUCTURAL CONCRETE

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL AND MISCELLANEOUS METAL

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 22 00 ROOF AND DECK INSULATION

07 51 13 BUILT-UP ASPHALT ROOFING

07 81 00 SPRAY-APPLIED FIREPROOFING

DIVISION 08 - OPENINGS

08 11 13 STEEL DOORS AND FRAMES

08 33 23 OVERHEAD COILING GARAGE DOORS

08 39 54 BLAST RESISTANT DOORS

08 71 00 DOOR HARDWARE

DIVISION 09 - FINISHES

09 90 00 PAINTS AND COATINGS

DIVISION 21 - FIRE SUPPRESSION

21 22 00 CLEAN-AGENT FIRE-SUPPRESSION SYSTEMS

DIVISION 22 - PLUMBING

22 00 00 PLUMBING, GENERAL PURPOSE

22 07 19 PLUMBING PIPING INSULATION

Permanent Dispersal Barrier IIB W912P6-09-B-0021

TOC Page 3 of 3

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

23 05 93.00 40 TESTING, ADJUSTING, AND BALANCING FOR HVAC SYSTEMS

23 08 00.00 10 COMMISSIONING OF HVAC SYSTEMS

23 23 00 REFRIGERANT PIPING

23 64 26 CHILLED, CHILLED-HOT, AND CONDENSER WATER PIPING SYSTEMS

23 65 00 EVAPORATIVE COOLING TOWERS

23 82 02.00 10 UNITARY HEATING AND COOLING EQUIPMENT

DIVISION 26 - ELECTRICAL

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 00.00 10 MOTOR CONTROL CENTERS, SWITCHBOARDS AND PANELBOARDS

26 32 15.00 10 DIESEL-GENERATOR SET STATIONARY 100-2500 KW, WITH

AUXILIARIES

26 36 23.00 20 AUTOMATIC TRANSFER SWITCHES

26 41 01.00 10 LIGHTNING PROTECTION SYSTEM

26 51 00 INTERIOR LIGHTING

DIVISION 31 - EARTHWORK

31 31 13.00 03 FENCING AND GATES; TEMPORARY AND PERMANENT

31 60 00 FOUNDATION PREPARATION

DIVISION 33 - UTILITIES

33 20 00 WATER WELLS

DIVISION 44 - POLLUTION CONTROL EQUIPMENT

44 41 20 EVAPORATIVE COOLING TOWER NON-CHEMICAL WATER TREATMENT

SYSTEM

-- End of Project Table of Contents --

W81G6691212535

CHICAGO SANITARY SHIP CANAL ELECTRICAL FISH BARRIER 2B

The Contractor w ill be responsible for providing all necessary facilities, plants, labor, transportation, materials, and equipment to construct approximately 6500 sq. feet reinforced concrete building w ith mechanical and electrical equipment including HVAC System, Evaporative Cooling Tow er w ith associated pumps, pipes, f ittings, w ater treatment system, Pow er Distribution Cabinet, Motor Control Center, interior and exterior electric distribution.

The North American Industry Classif ication System (NAICS) Code is 237990, w ith a size standard in dollars of $33.5 Million.

COMPETITION FOR THIS ACQUISITION IS UNRESTRICTED TO BUSINESS SIZE.

The estimated magnitude of cost for construction is betw een $5,000,000.00 and $10,000,000.00.

WAGE RATES: General Decision Number: IL080009, dated 07/17/2009 is applicable to this project.

ELECTRONIC OR FAXED OFFERS/PROPOSALS WILL NOT BE ACCEPTED.

X

ANITA R SIMPKINS 312.846.5372

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

11-Aug-2009

(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 ________300 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 ______________11 Aug 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U. S. ARMY 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:

W912P6-09-B-0021 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

W912P6-09-B-0021

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES

PHASE I - CONSTRUCT FISH BARRIER BUILDING – Under Phase I of the

Contract, the Contractor is REQUIRED to complete all building construction work (structural, mechanical, electrical and finishes) no later than March 30, 2010. This requirement does not apply to the mechanical and electrical testing, which will be performed by another government Contractor (referenced in the Technical Specifications as, “work performed by others”).

Bidder’s shall provide their pricing at Sub-Items 0001AA through 0001AE, as this Item 0001 identifies the information that relates directly to Sub-Items 0001AA through 0001AE; therefore, this Item 0001 it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes.

FIRM FIXED PRICE (FFP)

PURCHASE REQUEST NUMBER: W81G6691212535

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Lump Sum

MOBILIZATION / DEMOBILIZATION

FFP

NET AMT

0001AB 1 Lump Sum

PROJECT AND SAFETY SIGNS

0001AC 1 Lump Sum

FOUNDATION PREPARATION

0001AD 1 Lump Sum

BUILDING

0001AE 1 Lump Sum

EXTERIOR ELECTRICAL DISTRIBUTION

0001AF 900 Linear

Foot

FENCE INSTALLATION

TEST WELL

This Item identifies information that relates directly to Sub-Items 0002AA and 0002AB; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0002AA and 0002AB.

0002AA 200 Linear

INSTALL ONE (1) TEST WELL (FIRST 200') LINEAR FEET

0002AB 100 Linear

INSTALL ONE (1) TEST WELL (OVER 200') LINEAR FEET

INSTALL WATER WELLS

This Item identifies information that relates directly to Sub-Items 0003AA and 0003AB; it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes. In that regard, the Offeror shall set forth its pricing at Sub-Items 0003AA and 0003AB.

0003AA 300 Linear

INSTALL TWO (2) WATER WELLS (FIRST 300')

0003AB 200 Linear

INSTALL TWO (2) WATER WELLS (OVER 300')

0004 520 Hours PHASE II - ON-SITE COORDINATION EFFORTS - PHASE II : Under this stage of the Contract (from March 31, 2010 thru June 30, 2010), the Contractor will be required to furnish all personnel and equipment onsite to perform coordination efforts for work that will be performed by others. In the performance of these efforts, the contractor shall ensure that it will have personnel and equipment available for testing of the work performed by others.

0005 1 Lump Sum PHASE IIII - REMAINING WORK ITEMS - Under this stage of the Contract, the

Contractor is required to complete all remaining work (INCLUDES final testing and construction tasks related to project completion). Final completion of all remaining work shall be accomplished by July 30, 2010. - The entire building shall be considered complete when all systems have been installed and final testing has been accomplished.

0006 900 Linear

FENCE INSTALLATION

0007 1 Lump Sum

PERFORMANCE AND PAYMENT BONDS

THIS IS A COST REIMBURSABLE LINE 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 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.

TOTAL BID AMOUNT -

(LINE ITEMS 0001 THROUGH 0007): $___________________

1. PRE-BID MEETING/SITE VISITATION:

The Contractor is STRONGLY ENCOURAGED to visit the site of the work in order to acquaint itself as to site conditions and other problems incident to the prosecution of the work.

A Pre-Bid Meeting and Site Visitation is Scheduled for this acquisition to discuss the bidding process and various aspects of the Project. The meeting will take place on August 26, 2009, beginning promptly at 10:00AM CST and the site visit will follow thereafter.

Place: The River Center, Lobby Conference Room Address: 111 North Canal Street Chicago, Illinois 60606 POC: Rick Hurt at (312) 860-0083

Note: In no event will failure to inspect the site constitute grounds for a claim after contract award.

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. SMALL BUSINESS SUBCONTRACTING PLAN:

a. Prior to the Contracting Officer awarding the contract, the successful bidder will be required to submit a Small Business Subcontracting Plan in accordance with the provision of FAR Clause 52.219-9, “Small Business Subcontracting Plan.” This requirement applies to all business concerns other than small businesses. The Contracting Officer must approve the Plan before an award can be made; the Plan will be made apart of the resultant contract.

b. The successful bidder shall make a good faith effort to apply the following percentages to its intended amount of subcontracts in order to satisfy the Small Business Subcontracting goals of the Chicago District. The District Goals are identified below:

(1) at least 70.0% with small businesses (SB)

(2) at least 6.2% with small disadvantaged businesses (SDB)

(3) at least 7.0% with women-owned SB (WOSB)

(4) at least 0.9% with service-disabled veteran-owned SB

(5) at least 9.8% with HUBZone SB

(6) at least 3.0% Veteran-Owned Small Business

NOTE: BIDDERS SHALL NOT INCLUDE A SMALL BUSINESS SUBCONTRACTING PLAN

WITH ITS BID; IT WILL BE REQUESTED AFTER BID OPENING WHEN APPROPRIATE.

4. BID SUBMISSION: Regardless of the method of delivery (mailed or hand-carried), Bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time. BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY

FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED.

a. Mailed and Hand-Carried Bids: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Chicago District’s – USACE Contracting Branch, located at 111 North Canal Street, Suite 600, Chicago, IL 60606 prior to the date and time set of the opening of bids – See Block 13A of Page 1 of the Solicitation.

b. Hand-Carried Bids Delivered on the Day of the Bid Opening: For bids being hand-carried after 12:NOON on the date of the bid opening, the bidder shall deliver its sealed bid directly to the Bid Opening Room, which is located at 111 North Canal Street, the 1st Floor Lobby Conference Room, Chicago, IL 60606.

c. BID OPENING ROOM: The designated Bid Opening Room is the Lobby Conference Room which is located on the first floor at 111 North Canal Street, Chicago, IL 60606.

d. ACKNOWLEDGEMENT OF AMENDMENTS: Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30), by separate letter, or by telegram prior to opening of bids. Failure to acknowledge all amendments may cause rejection of the bid.

e. 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.)

f. 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.

g. 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 52.211-6 Brand Name or Equal AUG 1999 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-4 False Statements In Bids APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 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 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.228-2 Additional Bond Security OCT 1997 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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.

52.222-23 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 STATE OF

ILLINOIS, WILL COUNTY, AND THE CITY OF ROMEOVILLE.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-

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

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

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Regina G. Blair, Chief of Contracting U.S. ARMY CORPS OF ENGINEERS – Chicago District 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: Rick Hurt Telephone: 312-860-0083

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):

http://www.arnet.gov/far/

(End of provision

Section 00600 - Representations & Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

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

JAN 2009

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

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

(a) The offeror certifies that --

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

(i) Those prices,

(ii) The intention to submit an offer, or

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

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

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

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 (FEB 2009)

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

(2) The small business size standard is $33.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

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

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 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.