Solicitation Set_08 03 12_Specs.pdf
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- Solicitation number
- W912P6-12-B-0011
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OLICITATION NO: W912P6-12-B-0011 S
CHICAGO DISTRICT
LEADERS IN CUSTOMER CARE
LaGrange Road Water Main Replacement Project
CONSTRUCTION SOLICITATION
SPECIFICATIONS
Certified Final Documents – RTA W912P6-12-B-0011 08/03/2012
LaGrange Park – LaGrange Road Water Main Replacement Project W912P6-12-B-0011
PROJECT TABLE OF CONTENTS
DIVISION 00 PROCUREMENT & CONTRACTING REQUIREMENTS
00010 SOLICITATION, OFFER AND AWARD (SF 1442) & BIDDING SCHEDULE
00100 INSTRUCTIONS TO BIDDERS
00600 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS
00700 CONTRACT CLAUSES
00800 SPECIAL CONTRACT REQUIREMENTS
WA
GE RATES
DIVISION 01 - GENERAL REQUIREMENTS
01 10 00.00 03 GENERAL PROVISIONS
01 22 00.00 03 MEASUREMENT AND PAYMENT
01 32 01.01 03 PROJECT SCHEDULE FOR NORTHERN AREA OFFICE
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 03 QUALITY CONTROL
01 45 00.10 03 QUALITY CONTROL SYSTEM (QCS)
01 52 02.00 03 TEMPORARY CONSTRUCTION FACILITIES
01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS
01 58 00.00 03 PROJECT SIGN AND SAFETY SIGN
01 78 00 CLOSEOUT SUBMITTALS
DIVISION 03 – CONCRETE
03 30 00 CAST-IN-PLACE CONCRETE
DIVISION 31 – EARTHWORK
31 00 00 EARTHWORK
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS
32 16 13 CONCRETE SIDEWALKS AND CURBS AND GUTTERS
32 92 23 SODDING
DIVISION 33 – UTILITIES
33 05 23.19 TRENCHLESS EXCAVATION USING MICROTUNNELING
33 11 00 WATER DISTRIBUTION
33 40 00 STORM DRAINAGE UTILITIES
-- End of Project Table of Contents --
W81G6621229983
PROJECT TITLE: LAGRANGE PARK - SECTION 219 PROJECT
UNDER THIS CONTRACT SET, the Contractor w ill be responsible for installing approximately 2,500' of 10" diameter, ductile iron pipe w ater main on LaGrange Road from Brew ster Avenue to Oak Avenue w ithin the Village of LaGrange Park. The w ork to be performed w ill include the removal and replacement of certain sections of curb and gutter, sidew alks, and drivew ay aprons, installation of approximately 2,500' of 10" ductile iron pipe w ater main, connection of the new ly installed w ater main to existing w ater mains, installation of w ater services to the properties served by this w ater main, restoration of the pavements and parkw ays that are disturbed by the improvements, and other appurtenant w ork.
COMPETITION IS RESTRICTED TO SMALL BUSINESS CONCERNS. The applicable NAICS is 237110 w ith a small business size standard of
$33.5 MILLION.
Estimated Construction: $500,000 to $1,000,000 Applicable Wage Rates: IL9, IL120009, dated 08/03/2012
FAXED OR ELECTRONIC BIDS WILL NOT BE ACCEPTED
X
SEAN E MCNAB 312.846.5368
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
03-Aug-2012
(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 ______________05 Sep 2012 (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:
W912P6-12-B-0011 56
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
W912P6-12-B-0011
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lump Sum
MOBILIZATION & DEMOBILIZATION
FFP
PURCHASE REQUEST NUMBER: W81G6621229983
NET AMT
0002 1 Lump Sum
PROJECT SIGNS
0003 1 Lump Sum
HIGHWAY PERMIT BOND
0004 1 Lump Sum
PERFORMANCE & PAYMENT BOND
FOR LINE ITEMS 0001 THROUGH 0003 and LINE ITEMS 0005 THROUGH THIS IS A COST REIMBURSABLE LINE ITEM - The government will reimburse the contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will be modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with the contract changes.
0005 1 Lump Sum
PRESSURE TESTING AND DISINFECTION
0006 1 Lump Sum
10" WATER MAIN, DUCTILE IRON PIPE,
FFP
CLASS 52
0007 1 Lump Sum
8" WATER MAIN, DUCTILE IRON PIPE,
FFP
0008 1 Lump Sum
6" WATER MAIN, DUCTILE IRON PIPE,
FFP
0009 1 Lump Sum
4" WATER MAIN, DUCTILE IRON PIPE,
FFP
0010 1 Lump Sum
VALVE AND VAULT
0011 1 Lump Sum
FIRE HYDRANT TO BE REMOVED
0012 1 Lump Sum
WATER SERVICE TRANSFER
0013 1 Lump Sum
WATER MAIN CONNECTIONS & DISCONNECTIONS
0014 1 Lump Sum
10" WATER MAIN, DUCTILE IRON PIPE,
FFP
CLASS 52, RESTRAINED JOINTS, AUGERED
0015 1 Lump Sum
CORE DRILL EXISTING STRUCTURE
0016 1 Lump Sum
COMBINATION CONCRETE CURB & GUTTER
0017 1 Lump Sum
PAVEMENT REMOVAL & REPLACEMENT
0018 1 Lump Sum
NON-SPECIAL WASTE PLAN & TESTING
0019 4 Each
FIRE HYDRANT WITH
FFP
AUXILIARY VALVE AND BOX
0020 5,800 Pound
SPECIAL DUCTILE IRON FITTINGS
0021 130 Linear
Foot
10" DUCTILE IRON PIPE WATER MAIN W/18"
AUGERED CASING PIPE
0022 1 Each
SANITARY MANHOLE, TYPE 1 FRAME,
FFP
CLOSED LID
0023 270 Linear
6" DIA., PVC SANITARY SEWER SERVICE PIPE
0024 140 Linear
12" DIA., PVC STORM SEWER REPLACEMENT
0025 2 Each
STRUCTURE TO BE RECONSTRUCTED WITH NEW
FFP
FRAME AND CLOSED LID
0026 14 Each
STRUCTURE TO BE REMOVED & ABANDONED
0027 2,500 Cubic
Yard
TRENCH BACKFILL
0028 39 Each
TREE ROOT PRUNING
0029 900 Linear
TEMPORARY FENCING
0030 83 Net Ton
(2,000 LB)
TEMPORARY BITUMINOUS PATCH
0031 40 Linear
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
0032 27 Linear
THERMOPLASTIC PAVEMENT MARKING - LINE 6"
0033 72 Linear
THERMOPLASTIC PAVEMENT MARKING -LINE 24"
0034 10 Each
RAISED REFLECTIVE PAVEMENT MARKER
0035 70 Each
DETECTOR LOOP REPLACEMENT
0036 3 Each
MAINTENANCE OF EXISTING TRAFFIC SIGNAL
FFP
INSTALLATION
0037 150 Net Ton
(2,000 LB)
NON-SPECIAL WASTE HAULING AND DISPOSAL
0038 9,600 Square
OPTION SIDEWALK REMOVAL & REPLACEMENT
0039 220 Square
OPTION DRIVEWAY PAVEMENT REMOVAL & REPLACEMENT
0040 1,600 Square
OPTION SODDING & TOPSOIL PLACEMENT
0041 50 Unit
OPTION SUPPLEMENTAL WATERING
0042 1 Lump Sum
OPTION PERFORMANCE AND PAYMENT BOND
FOR LINE ITEMS 0037 THROUGH 0041
THIS IS A COST REIMBURSABLE LINE ITEM - The government will reimburse the contractor for the actual cost of acceptable performance and payment bonds, upon receiving evidence of payment (paid invoice) from the bonding company or agency, not to exceed the total amount of the total amount of the contract line item. The Government will not pay more than the total line item amount for the performance and payment bonds. If the actual cost of the bonds is less than the line item amount, the contract will be modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with the contract changes.
TOTAL BID PRICE:
LINE ITEMS 0001 THROUGH 0042: $__________________________
IMPORTANT NOTES:
1. BID SCHEDULE NOTES: The Bid Schedule contains a combination of firm fixed price (FFP) and cost reimbursable line items. Although “FFP” is shown in the description of the cost reimbursable line items, it is not to be construed as a firm fixed price line item. In this case, the FFP represents the Contract Type, which is firm fixed price. Therefore, under the cost reimbursable line items, the contractor will be reimbursed as stated within the extended description of the said line items.
2. BID CONDITIONS:
a. Contractor’s shall bid ALL items that are contained in the Bid Schedule, with no exceptions.
Should a contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BID ITEMS included in the Bid Schedule; the Contractor shall enter both its unit price and extended price for EACH BID ITEM.
b. The Government intends to award all BASE BID ITEMS to the successful bidder at the bid prices provided under its winning bid schedule.
c. Split awards or multiple award contracts will not result from this Solicitation.
3. COMPETITION: Competition for this acquisition is RESTRICTED TO SMALL BUSINESS CONCERNS.
4. AWARDING OF OPTIONS: At the government’s discretion, any, all or none of the Option Line Items (CLINS 0038 through 0042) may be awarded no later than 230 days after the Notice to Proceed has been acknowledged. No additional time will be added to the contract for award of Option CLINS. Should the government determine it necessary to exercise an Option (Line Items 0038 through 0041), Options may be awarded in any order at the government’s discretion. The order of awarding the Options does not apply to the Payment and Performance Bond (Line Item 0042); additional bonding is required any time the contract value is increased, meaning Option Item 0042 must be awarded if any of the options are exercised.
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:
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.
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, Illinois 60606 prior to the date and time set of the opening of bids – See Block 13A of Page 1 of the Solicitation.
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 Bid directly to the Bid Opening Room, which is located in the Lobby Conference Room at 111 North Canal Street, Chicago, Illinois 60606. Prior to12: 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, Illinois 60606 prior to the date and time set of the opening of bids.
6. BID OPENING ROOM: The designated Bid Opening Room is the Lobby Conference Room, which is located at 111 North Canal Street, Chicago, Illinois 60606.
7. QUESTIONS: The Point of Contact for this IFB is Sean McNab at 312‐846‐5368. INTERESTED BIDDERS MUST SUBMIT THEIR CONTRACTING AND TECHNICAL INQUIRIES IN WRITING to Sean McNab at sean.e.mcnab@usace.army.mil. BE SURE TO INCLUDE THE SOLICITATION NUMBER W912P6‐12‐B‐0011
AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.
Section 00100 - Bidding Schedule/Instructions to Bidders
PRE-BID MEETING INFORMATION
Invitation is hereby extended to all prospective bidders to attend a Pre‐Bid Meeting and Site Visit for this project. The Pre‐Bid Meeting will be held on Tuesday, 14 AUGUST 2012 beginning promptly at 10am Central daylight time. The meeting location is the Village Hall, 447 North Catherine Avenue, La Grange Park, Illinois, 60526. The Site Visit will immediately follow the Meeting. During the Pre‐Bid Meeting, government representatives will highlight specific contract requirements. The objective is to provide an information exchange between potential bidders and the government to avoid the possibility of misinterpretation of the contract requirements. In the interest of making the meeting more meaningful, prospective bidders are urged to present any written questions concerning the project bid documents, bidding, and construction requirements or other related matters prior to the pre‐bid meeting.
Send written questions, by email to Sean McNab at sean.e.mcnab@usace.army.mil or by facsimile to the attention of Mr. McNab at 312‐886‐5475. Ensure that your correspondence contains the project title/Solicitation number W912P6‐12‐B‐0011. Written questions may be submitted at the beginning of the meeting and oral questions may be submitted from the floor.
Questions will only be addressed if they are clarifications of information provided in the solicitation and in subsequent amendments issued before the scheduled pre‐bid meeting and site visit. Answers, interpretations, and decisions made at the meeting will not become official unless and until verified by an amendment to the solicitation issued prior to the receipt of proposals. Following the meeting, prospective bidders will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtained.
The USACE strongly encourages attendance at its Pre‐Bid Meetings and Site Visits and looks forward to obtaining feedback from interested contractors regarding the bid set.
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 52.214-34 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 52.225-10 Notice of Buy American Act Requirement--Construction
Materials
FEB 2009
52.228-2 Additional Bond Security OCT 1997 52.232-15 Progress Payments Not Included APR 1984 52.232-38 Submission of Electronic Funds Transfer Information with
Offer
MAY 1999
CLAUSES INCORPORATED BY FULL TEXT
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by--
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
52.214-5000 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.
52.217-5 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).
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(a) Definition.
"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(End of clause)
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 LaGrange Park, Illinois.
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 MILLION, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Regina G. Blair, District 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
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.acqusition.gov/far
(End of provision
Section 00600 - Representations & Certifications
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
MAY 2011
52.209-7 Information Regarding Responsibility Matters FEB 2012 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
SEP 2010
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
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
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.
52.204-7 CENTRAL CONTRACTOR REGISTRATION (FEB 2012)
(a) Definitions. As used in this clause--
Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.
Registered in the CCR database means that--
(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and
(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2012)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.
(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 $150,000.
(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) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 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.
(x) 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.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-- Representation and Certification. This provision applies to all solicitations.
(xxi) 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) 52.219-22, Small Disadvantaged Business Status.
(A) Basic.
(B) Alternate I.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Act to…
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