W912P609B0023_Chicago Harbor Breakwater Repair_Solicitation Specs.pdf

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RECOVERY AND REINVESTMENT ACT PROJECT, CHICAGO HARBOR BREAKWATER REPAIR FY 09, CHICAGO, IL
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W912P6-09-B-0023
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W912P6-09-B-0023 SPECIFICATIONS

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SOLICITATION NO. W912P6-09-B-0023

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

SPECIFICATIONS FOR

CHICAGO HARBOR

NORTH EAST BREAKWATER

GROUTING

CHICAGO, ILLINOIS

Solicitation August 17, 2009

Chicago Harbor North East Breakwater Grouting W912P6-09-B-0023

MAIN TABLE OF CONTENTS

SECTION TITLE

DIVISION 00 - PROCUREMENT & CONTRACTING REQUIREMENTS

00010 SF 1442 SOLICITATION, OFFER, AND AWARD & BID SCHEDULE

00100 BIDDING SCHEDULE INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

00600 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

WAGE RATES

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 QUALITY CONTROL SYSTEM (QCS)

01 57 20.02 10 ENVIRONMENTAL PROTECTION FOR ILLINOIS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 25 TIMBER CRIB BREAKWATER REPAIR

-- End of Project Table of Contents --

RECOVERY ACT PROJECT CHICAGO HABOR EXTERIOR BREAKWATER REPAIRS, CHICAGO, IL

UNDER THE CONTRACT SET, the Contractor w ill be responsible for providing all necessary labor, transportation, materials, and equipment to conduct repairs to the Chicago Harbor Exterior Breakw ater at Sections C and D, approximately 1000 linear feet, containing large voids.

THE DESCRIPTION OF THIS PROJECT CONTINUES ON PAGES 3 OF THIS IFB.

NAICS Code: 237990; w ith a size standard in dollars of $33.5 million

COMPETITION IS UNRESTRICTED TO BUSINESS SIZE

DOL WAGE RATES: General Decision Number IL080009, 07/17/2009, IL9 & General Decision Number: IL080018 06/26/2008 IL 18

The estimated magnitude of cost for construction is betw een $1million and $5 million.

RECOVERY FUNDS (Re ARRA) WILL BE USED TO AWARD THE RESULTANT CONTRACT.

ELECTRONIC OR FAXED BIDS WILL NOT BE ACCEPTED.

X

GREGORY C GULLEDGE 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

17-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 ________285 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 ______________17 Sep 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 _______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:

W912P6-09-B-0023 93

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-0023

Section 00010 - Solicitation Contract Form

CONTINUATION OF PROJECT DESCRIPTION:

The timber piles are deteriorating due to low lake levels; washout of the core stone material has occurred causing failure of portions of the concrete cap. Repairs consist of drilling holes through the existing concrete cap and injecting a specialized grout mixture into the structure to fill the voids. The timber crib on the harbor side will be covered with formwork and the toe stone on the lake side will be covered with a sacrificial layer of stone to minimize seepage of grout into the waters during grout placement. Two grout formulas will be used during the repair: an outer layer of quick-setting lower strength grout will be placed adjacent to the timber piles to form a barrier to placement of a high-strength standard grout to support the concrete cap. The volume of grout placed per linear foot will be monitored to prevent seepage. Lake Michigan will be visually monitored during grout placement. A mock-up and testing will confirm grout placement is effective. This project will include the test section along with a portion of the breakwater repair. Subsequent projects will complete the repair procedure along the 5000 foot length.

BID SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

MOBILIZATION/ DEMOBILIZATION

FIRM-FIXED-PRICE (FFP)

NET AMT

0002 1 Lump Sum

PROJECT SAFETY SIGN

FFP

0003 1 Lump Sum

COMPATIBILITY TEST PROGRAM

ITEM NO SUPPLIES/SERVICES

CRUSHED STONE PLACED

0004AA 500 Net Ton

(2,000 LB)

FIRST 500 TONS

0004AB 125 Net Ton

OVER 500 TONS

0005 2,550 Square

Foot

GROUT CONTAINMENT BARRIER

DRILLING

0006AA 3,000 Linear

FIRST 3,000 LF

0006AB 500 Linear

OVER 3,000 LF

0007 90 Linear

CORE DRILLING

HOLE CONNECTIONS

0008AA 600 Each

FIRST 600

0008AB 50 Each

OVER 600

PLACEMENT OF EXTERIOR GROUT

0009AA 600 Cubic

Yard

FIRST 600 CY

0009AB 600 Cubic

OVER 600 CY

PLACEMENT OF INTERIOR GROUT

0010AA 1,500 Cubic

FIRST 1,500 CY

0010AB 1,000 Cubic

OVER 1,500 CY

PORTLAND CEMENT IN GROUT

0011AA 20,000 Hundred

Pounds

(CWT)

INITIAL 20,000 CWT

0011AB 4,000 Hundred

OVER 20,000 CWT

BENTONITE IN GROUT

0012AA 250 Pound

INITIAL 250 LB

0012AB 25 Pound

OVER 250 LB

SAND IN GROUT

0013AA 30,000 Hundred

INITIAL 30,000 CWT

0013AB 5,000 Hundred

OVER 30,000 CWT

SODIUM SILCATE IN GROUT

0014AA 10,000 Gallon

INITIAL 10,000 GAL

0014AB 2,000 Gallon

OVER 10,000 GAL

ANIT WASH OUT CONPONENT IN GROUT

0015AA 15,000 Pound

INITIAL 15,000 LB

0015AB 7,500 Pound

OVER 15,000 LB

PEA GRAVEL IN GROUT

0016AA 5,000 Hundred

INITIAL 5,000 CWT

0016AB 5,000 Hundred

OVER 5,000 CWT

FLUIDIFIER IN GROUT

0017AA 15,000 Pound

INITIAL 15,000 LB

0017AB 5,000 Pound

OVER 15,000 LB

FLYASH/ POZZALANS IN GROUT

0018AA 1,200 Hundred

INITIAL 1,200 CWT

0018AB 500 Hundred

OVER 1,200 CWT

SUPER PLASTICIZER IN GROUT

0019AA 3,000 Pound

INITIAL 3,000 LB

0019AB 3,000 Pound

OVER 3,000 LB

WATER REDUCER IN GROUT

0020AA 5,000 Pound

INITIAL 5,000 LB

0020AB 5,000 Pound

OVER 5,000 LB

STAND- BY TIME

0021AA 16 Hours

FIRST 16 HOURS

0021AB 8 Hours

OVER 16 HOURS

PERFORMANCE AND PAYMENT BONDS FOR LINE ITEMS 0001

THROUGH 0021AB

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.

NOT TO EXCEED

CRUSHED STONE PLACED

0023AA 100 Net Ton

OPTION FIRST 100 TONS

0023AB 25 Net Ton

OPTION OVER 100 TONS

0024 450 Square

OPTION GROUT CONTAINMENT BARRIER

OPTION DRILLING

0025AA 600 Linear

OPTION FIRST 600 LF

0025AB 100 Linear

OPTION OVER 600 LF

OPTION HOLE CONNECTIONS

0026AA 120 Each

OPTION FIRST 120

0026AB 10 Each

OPTION OVER 120

OPTION PLACEMENT OF EXTERIOR GROUT

0027AA 120 Cubic

OPTION FIRST 120 CY

0027AB 120 Cubic

OPTION OVER 120 CY

OPTION PLACEMENT OF INTERIOR GROUT

0028AA 300 Cubic

OPTION FIRST 300 CY

0028AB 200 Cubic

OPTION OVER 300 CY

OPTION PORTLAND CEMENT IN GROUT

0029AA 4,000 Hundred

OPTION INITIAL 4,000 CWT

0029AB 800 Hundred

OPTION OVER 4,000 CWT

OPTION BENTONITE IN GROUT

0030AA 50 Pound

OPTION INITIAL 50 LB

0030AB 5 Pound

OPTION OVER 50 LB

OPTION SAND IN GROUT

0031AA 6,000 Hundred

OPTION INITIAL 6,000 CWT

0031AB 1,000 Hundred

OPTION OVER 6,000 CWT

OPTION SODIUM SILICATE IN GROUT

0032AA 2,000 Gallon

OPTION INITIAL 2,000 GAL

0032AB 400 Gallon

OPTION OVER 2,000 GAL

OPTION ANTI WASH OUT COMPONENET IN GROUT

0033AA 3,000 Pound

OPTION INITIAL 3,000 LB

0033AB 1,500 Pound

OPTION OVER 3,000 LB

OPTION PEA GRAVEL IN GROUT

0034AA 1,000 Hundred

OPTION INITIAL 1,000 CWT

0034AB 1,000 Hundred

OPTION OVER 1,00 CWT

OPTION FLUIDIFIER IN GROUT

0035AA 3,000 Pound

OPTION INITIAL 3,000 LB

0035AB 1,000 Pound

OPTION FLYASH/ POZZALANS IN GROUT

0036AA 240 Hundred

OPTION INITIAL 240 CWT

0036AB 100 Hundred

OPTION OVER 240 CWT

OPTION SUPER PLASTICIZER IN GROUT

0037AA 600 Pound

OPTION INITIAL 600 LB

0037AB 600 Pound

OPTION OVER 600 LB

OPTION WATER REDUCER IN GROUT

0038AA 1,000 Pound

OPTION INITIAL 1,000 LB

0038AB 1,000 Pound

OPTION OVER 1000 LB

OPTION STAND-BY TIME

0039AA 8 Hours

OPTION FIRST 8 HOURS

0039AB 4 Hours

OPTION OVER 8 HOURS

0040 1 Lump Sum

OPTION PERFORMANCE AND PAYMENT BONDS FOR LINE ITEMS 0023

THROUGH 0039AB

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.

OPTION CRUSHED STONE PLACED

0041AA 100 Net Ton

OPTION FIRST 100 TONS

0041AB 25 Net Ton

OPTION OVER 100 TONS

0042 450 Square

OPTION GROUT CONTAINMENT BARRIER

OPTION DRILLING

0043AA 600 Linear

OPTION FIRST 600 LF

0043AB 100 Linear

OPTION OVER 600 LF

OPTION HOLE CONNECTIONS

0044AA 120 Each

OPTION FIRST 120

0044AB 10 Each

OPTION OVER 120

OPTION PLACEMENT OF EXTERIOR GROUT

0045AA 120 Cubic

OPTION FIRST 120 CY

0045AB 120 Cubic

OPTION OVER 120 CY

OPTION PALCEMENT OF INTERIOR GROUT

0046AA 300 Cubic

OPTION FIRST 300 CY

0046AB 200 Cubic

OPTION OVER 300 CY

OPTION PORTLAND CEMENT IN GROUT

0047AA 4,000 Hundred

OPTION INITIAL 4,000 CWT

0047AB 800 Hundred

OPTION OVER 4,000 CWT

OPTION BENTONITE IN GROUT

0048AA 50 Pound

OPTION INITIAL 50 LB

0048AB 5 Pound

OPTION OVER 50 LB

OPTION SAND IN GROUT

0049AA 6,000 Hundred

OPTION INITIAL 6,000 CWT

0049AB 1,000 Hundred

OPTION OVER 6,000 CWT

OPTION SODIUM SILICATE IN GROUT

0050AA 2,000 Gallon

OPTION INITIAL 2,000 GAL

0050AB 400 Gallon

OPTION OVER 2,00 GAL

OPTION ANTI WASH OUT COMPONENET IN GROUT

0051AA 3,000 Pound

OPTION INITAL 3,000 LB

0051AB 1,500 Pound

OPTION PEA GRAVEL IN GROUT

0052AA 1,000 Hundred

OPTION INITIAL 1,000 CWT

0052AB 1,000 Hundred

OPTION OVER 1,000 CWT

OPTION FLUIDIFIER IN GROUT

0053AA 3,000 Pound

INITIAL 3,000 LB

0053AB 1,000 Pound

OPTION FLASH/ POZZALANS IN GROUT

0054AA 240 Hundred

OPTION INITIAL 240 CWT

0054AB 100 Hundred

OPTION OVER 240 CWT

OPTION SUPER PLASTICIZER IN GROUT

0055AA 600 Pound

OPTION INITIAL 600 LB

0055AB 600 Pound

OPTION OVER 600 LB

OPTION WATER REDUCER IN GROUT

0056AA 1,000 Pound

OPTION INITIAL 1,000 LB

0056AB 1,000 Pound

OPTION OVER 1,000 LB

OPTION STAND-BY TIME

0057AA 8 Hours

OPTION FIRST 8 HOURS

0057AB 4 Hours

OPTION OVER 8 HOURS

0058 1 Lump Sum

OPTION PERFORMANCE AND PAYMENT BONDS FOR LINE ITEMS 0041

THROUGH 0057AB

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.

TOTAL BID PRICE (ITEMS 0001 THROUGH 0058) $______________________________

Important Notes Regarding this Acquisition:

1. BID CONDITIONS:

a. Bidders are required to provide pricing for all Base Bid and Option Bid Items (0001 through 0094) to be considered responsive to the solicitation and eligible for the resultant contract award.

b. The Bid Schedule comprises of Parent and Subdivided Line Items; In the case of the above Bid Schedule, Bid Item 0004 is a Parent Line Item with 0004AA and 0004AB being its Subdivided Items. The Parent Line Item identifies the work description that relates directly to Subdivided Items “0004AA (first ##) AND 0004AB (over ##).” The Subdivided Items themselves identify the quantities required to execute the work associated with the respective services named under the Parent Items. Therefore, Contractors shall provide their pricing separately at the Subdivided line Items, which in this example would be “0004AA AND 0004AB.” Note: Each sub-divided item is made up of 6 characters, ending in AA or AB and will name either “First ## of a QTY” or “Over a ## of a QTY.”

c. The Government intends to award all BASE BID ITEMS to the successful bidder at the bid prices provided under its winning bid schedule.

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

e. The Contractor or subcontractor performing the grouting shall have performed sodium silicate grouting on a scale comparable to this work on a minimum of 3 projects within the past 5 years, and shall have demonstrated proficiency using the material and equipment to be used on this project. Grouting Superintendent shall have a minimum of 5 years experience in marine construction, and 10-years experience in grouting projects, with at least 3 grouting projects involving sodium silicate grouts

2. COMPETITION: Competition for this acquisition is UNRESTRICTED TO BUSINESS

SIZE.

3. OPTION WORK: At the government’s discretion, it may unilaterally award any or all of the option bid Items within 60 calendar days after the start of production. For any option exercised, the option will be awarded at the price(s) set forth in the resultant contract and the government will add 30 additional calendar days to the contract’s performance period. The Options are grouped as follows:

a. Option 1: 7 Additional Sections of Approx 102 LF; includes Option Line Items 0023 through 0040.

b. Option 2: 7 Additional Sections of Approx 102 LF; includes Option Line Items 0041 through 0058.

4. EVALUATION OF OPTIONS: The government will evaluate bids for award purposes by adding the total price for all options to the total price for the base work (base bid items). The evaluation of the option will not obligate the government to exercise the option(s).

5. 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, 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.

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.

f. DELIVERY OF BIDS:

(1) Sealed Bids: 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.

(2) Mailed 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.

(3) 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. Prior to 12:NOON on the date of the bid opening, it is the responsibility of each bidder to ensure that its 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.

- 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.

6. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-21 Descriptive Literature APR 2002 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.225-22 Notice of Required Use of American Iron, Steel, and Other

Manufactured Goods--Buy American Act--Construction Materials

MAR 2009

52.232-15 Progress Payments Not Included APR 1984

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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 ILLINIOS, COOK COUNTY CITY OF CHICAGO

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 $3M, 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 Reginia G. Blair, Chief of Contracting

USACE-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: ERIC PAGORIA Telephone: (847) 688-4431, ext 110

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

(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

52.225-18 Place of Manufacture SEP 2006 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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 -------------- [insert NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(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. 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) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person 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…

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