W912P6-14-B-0002_Waukegan_Harbor_and_Approach_Dredging_FY14_Specifications.pdf
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SOLICITATION W912P6-14-B-0002 SPECIFICATIONS
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SOLICITATION NO. W912P6-14-B-0002
CHICAGO DISTRICT
LEADERS IN CUSTOMER CARE
WAUKEGAN OUTER HARBOR &
APPROACH CHANNEL
DREDGING FY14
CHICAGO, ILLINOIS
CONSTRUCTION SOLICITATION AND
SPECIFICATIONS
CERTIFIED FINAL DOCUMENT-
READY TO ADVERTISE (RTA)
W912P6-14-B-0002 June 03, 2014
Waukegan Outer Harbor & Approach Channel Dredging, FY14 W912P6-14-B-0002
PROJECT TABLE OF CONTENTS
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 00 – Second Level – Available Information
00 31 32.13 SUBSURFACE DRILLING AND SAMPLING INFORMATION
DIVISION 01 - GENERAL REQUIREMENTS
01 10 00 GENERAL PROVISIONS
01 22 00 MEASUREMENT AND PAYMENT
01 32 01 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 35 45 SEDIMENT SAMPLING FOR APPROACH CHANNEL
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 QUALITY CONTROL
01 45 00.10 QUALITY CONTROL SYSTEM (QCS)
01 52 02 TEMPORARY CONSTRUCTION FACILITIES
01 57 20 ENVIRONMENTAL PROTECTION FOR APPROACH CHANNEL DREDGING
01 57 21 ENVIRONMENTAL PROTECTION FOR OUTER HARBOR DREDGING
01 58 00 PROJECT SIGN AND SAFETY SIG
01 78 00 CLOSEOUT SUBMITTALSN
DIVISION 31 - EARTHWORK
31 00 00 EARTHWORK
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 92 19 SEEDING
DIVISION 33 - UTILITIES
33 24 13 GROUNDWATER MONITORING WELLS
DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION
35 20 23 MECHANICAL DREDGING
35 21 00 WATER QUALITY MONITORING FOR APPROACH CHANNEL DREDGING
35 21 23 NATIONAL DREDGING QUALITY MANAGEMENT (DQM) PROGRAM SCOW –
MONITORING PROFILE
35 25 00 TRANSPORTATION AND DISPOSAL OF DREDGED MATERIAL
-- End of Project Table of Contents --
W81G66-0018-7993
PROJECT TITLE: The Contractor w ill be responsible for providing all necessary facilities, plants, labor, transportation, materials, and equipment to perform Mechanical Dredging of approximately 80,000 cubic yards of material from the Waukegan Outer Harbor. --SEE PAGE 16 FOR
CONTINUATION OF PROJECT DESCRIPTION.--
- The North American Industry Classif ication System (NAICS) Code is 237990, w ith a size standard in dollars of $33.5 Million COMPETITION
FOR THIS ACQUISITION IS RESTRICTED TO CERTIFIED HUBZONE BUSINESSES ONLY.
- The estimated magnitude of cost for construction is betw een $5,000,000.00 and $10,000,000.00.
- WAGE RATES: US DOL Davis Bacon Wage Rate No. IL140019, dated 01/24/2014 are applicable to this project.
- Electronic or Faxed Bids w ill not be accepted.
Bidders are cautioned: The Bid Opening for this Solicitation is Contingent upon Obtaining the State of IL Permit. An Amendment w ill be issued prior to the Bid Opening informing Bidders as the status of the IL State Permit.
THIS PROCUREMENT IS 100% SET-ASIDE FOR CERTIFIED HUBZONE BUSINESS CONCERNS.
X
CHRISTINE WARREN
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-Jun-2014
(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 ________400 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 ______________06 Jun 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
U. S. ARMY ENGINEER DISTRICT, CHICAGO
231 SOUTH LASALLE STREET SUITE 1500
CHICAGO IL 60604-1437
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:
W912P6-14-B-0002 73
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
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lump Sum
MOBILIZATION / DEMOBILIZATION
FFP
PURCHASE REQUEST NUMBER: W81G66-0018-7993
NET AMT
0002 1 Lump Sum
PROJECT AND SAFETY SIGNS
0003 1 Lump Sum
SCOW SILENET INSPECTOR
0004 1 Lump Sum
PERFORMANCE OF PRE-SURVEY
0005 2 Each
MIONITORING WELL REMOVAL AND
INSTALLATION
0006 3,100 Linear
Foot
JERSEY BARRIERS
0007 3,100 Linear
Foot
SILT FENCE
0008 1 Lump Sum
REMOVAL OF JERSEY BARRIERS, SEEDING
AND STABILIZING OF DREDGED MATERIAL IN PLACE
APPROACH CHANNEL DREDGING AND
FFP
DISPOSAL AT PLACEMENT AREA 1
Bidders shall provide their pricing at Sub-Items 0009AA and 0009AB, as this Item 0009 identifies the information that relates directly to Sub-Items 0009AA and 0009AB; therefore, this Item 0009 it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes.
0009AA 75,000 Cubic
Yard
FIRST 75,000 CUBIC YARDS
0009AB 75,000 Cubic
OPTION OVER 75,000 CUBIC YARDS
0010 1 Lump Sum
WATER QUALITY MONITORING
0011 1 Lump Sum
SEDIMENT SAMPLING
OUTER HARBOR DREDGING
FFP
Bidders shall provide their pricing at Sub-Items 0011AA and 0011AB, as this Item 0011 identifies the information that relates directly to Sub-Items 0011AA through 0011AB; therefore, this Item 0011 it is not to be scheduled separately for delivery, identified separately for shipment or performance, or priced separately for payment purposes.
0012AA 80,000 Cubic
FIRST 80,000 CUBIC YARDS
0012AB 20,000 Cubic
OPTION OVER 80,000 CUBIC YARDS
0013 1 Unit
OPTION PERFORMANCE AND PAYMENT BONDS
FFP
(FOR LINE ITEMS 0001 THROUGH 0009AA, 0010, 0011 and 0012AA):THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable payments bond, 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 payment bond. If the actual cost of the bond 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.
0014 1 Unit
OPTION PERFORMANCE AND PAYMENT BONDS
FFP
(FOR LINE ITEMS 009AB and 0012AB):THIS IS A COST-REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable payments bond, 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 payment bond. If the actual cost of the bond 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.
0015 75,000 Cubic
OPTION TRANSPORTATION 75,000 CUBIC YARDS
ADDITIONAL APPROACH CHANNEL DREDGED MATERIAL TO
OPTIONAL PLACEMENT AREA 2
0016 75,000 Cubic
OPTION TRANSPORTATION OF 75,000 CUBIC
YARDS APPROACH CHANNEL DREDGED MATERIAL TO OPTIONAL
PLACEMENT AREA 2
0017 1 Lump Sum
OPTION SITE GRADING, STABILIZATION AND WELL
RAISING FOR 80,000 CUBIC YARDS DREDGED MATERIAL
0018 1 Lump Sum
OPTION SITE GRADING AND STABILIZATION FOR
20,000 CUBIC YARDS DREDGED MATERIAL
0019 1 Lump Sum
OPTION POST SURVEY
0020 1 Lump Sum
OPTION PERFORMANCE AND PAYMENT BONDS
FFP
(FOR OPTION LINE ITEMS 0015 THROUGH 0019): THIS IS A COST-
REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable payments bond, 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 overnment will not pay more than the total line item amount for the payment bond. If the actual cost of the bond 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.
0021 1 Lump Sum
OPTION OPTION A
FFP
FY15 APPROACH CHANNEL DREDGING DREDGE MOBILIZATION /
DEMOBILIZATION
If Option A is exercised it will be exercised in the following manner. If Option A is exercised it will be exercised within 365 calendar days after contract award and 0 additional calendar days will be added to the contract period of performance.
0022 37,000 Cubic
OPTION OPTION B
FY15 APPROACH CHANNEL DREDGING
If Option B is exercised it will be exercised in the following manner. If Option B
45 additional calendar days will be added to the contract period of performance.
0023 13,000 Cubic
OPTION OPTION C
FY15 APPROACH CHANNEL DREDGING
If Option C is exercised it will be exercised in the following manner. If Option C
7 additional calendar days will be added to the contract period of performance.
0024 14,000 Cubic
OPTION OPTION D
FY15 APPROACH CHANNEL DREDGING
If Option D is exercised it will be exercised in the following manner. If Option D
7 additional calendar days will be added to the contract period of performance.
0025 18,000 Cubic
OPTION OPTION E
FY15 APPROACH CHANNEL DREDGING
If Option E is exercised it will be exercised in the following manner. If Option E
15 additional calendar days will be added to the contract period of performance.
0026 18,000 Cubic
OPTION OPTION F
FY15 APPROACH CHANNEL DREDGING
If Option F is exercised it will be exercised in the following manner. If Option F
25 additional calendar days will be added to the contract period of performance.
0027 18,000 Cubic
OPTION OPTION G
FY15 APPROACH CHANNEL DREDGING
If Option G is exercised it will be exercised in the following manner. If Option G
25 additional calendar days will be added to the contract period of performance.
0028 1 Lump Sum
OPTION PERFORMANCE AND PAYMENT BONDS
FFP
(FOR LINE ITEMS 0021 THROUGH 0027):THIS IS A COST-
REIMBURSABLE LINE ITEM - The Government will reimburse the Contractor for the actual cost of acceptable payments bond, 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 payment bond. If the actual cost of the bond is less than the line item amount, the contract will modified to adjust the line item accordingly. Adjustment(s) to the line item will also be made for any revisions to the actual bond costs associated with contract changes.
TOTAL BID PRICE (ITEMS 0001 THROUGH 0028): $____________________________
THIS BID SCHEDULE CONTAINS FIRM FIXED PRICE AND COST REIMBURSABLE LINE
ITEMS.
Continuation of Block #10, Standard Form 1442 –
(Continuation of Project Description) A disposal area will be built on the Outer Harbor disposal site to contain the outer harbor sediment in its upland disposal location. The contractor will also be responsible for performing mechanical dredging of approximately 75,000 cubic yards of material from the Waukegan Harbor Approach Channel. The contract will have Option quantities of dredging totaling 80,000 cubic yards for FY14 work. The contract will also have Option quantities of dredging totaling 98,000 cubic yards for FY15 work.
IMPORTANT NOTES REGARDING THIS ACQUISITION:
1. BID CONDITIONS:
a. Contractor’s shall bid ALL items (INCLUDING THE OPTION 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 and OPTION ITEMS included in the Bid Schedule; the Contractor shall enter both its unit price and extended price for EACH BID & OPTION 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. The Option Items in the Bid Schedule are numbered 0009AB, 0012AB, and 0013 through 0028.
d. Split awards or multiple award contracts will not result from this Solicitation.
2. EXERCISE OF OPTION ITEMS: At the government’s discretion, any all or none of the Optional
Line Items may be awarded. Option Items 0009AB, 0012AB, and 0013 through 0020 may be awarded within 60 days of contract award. No additional calendar days will be added to the contract for award of these options. Option Items 0021 through 0028 may be awarded within 365 days of contract award.
If awarded, 7 – 124 additional calendar days will be added to the contract depending on which options are awarded.
3. DELIVERY OF BIDS:
a. 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.
b. 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 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604 prior to the date and time set of the opening of bids – See Block 13A of Page 1 of the Solicitation.
c. Hand – carried Bids Delivered on the Day of the Bid Opening: For bids being hand‐carried prior to 12:00 PM (NOON) on the date of the bid opening, the bidder shall CONTACT MAJ Christine Warren at 312‐846‐5494 or Regina G. Blair at 312‐846‐5371 to retrieve its Bid from the Lobby Area of the USACE’s office location, which is located at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604. After 12:00 PM (NOON) on the date of the bid opening, it is the responsibility of each bidder to ensure that its hand carried Bid is received by the Chicago District’ – USACE Contracting Branch, located at 231 South LaSalle Street, Suite 1500, Chicago, Illinois 60604 prior to the date and time set of the opening of bids.
4. 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.
5. 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.
– See full Clause at Section 00100 of this Solicitation document. (FAR 52.228-1)
6. BONDS AND INSURANCE:
The Contractor will be required to furnish proof of insurance, including copies of the required endorsements, and performance and payment bonds within 10 calendar days following the contractor's receipt of the contract award.
7. ACKNOWLEDGEMENT OF AMENDMENTS:
The offeror must acknowledge the receipt of all amendments issued under this solicitation by completing items #8 and #15 of the Standard Form 30, and returning all acknowledged amendments by the submittal due date.
8. BID OPENING ROOM:
The designated Bid Opening Room is the USACE Main Conference Room, located on the 16th floor at 231 South LaSalle Street, Chicago, Illinois 60604.
In order to gain access, all interested participants must check in at the Security Desk in the lobby (Clark Street entrance) with a valid photo ID. The Security desk will issue an access card for gaining access to the USACE Main Office, Suite 1500.
Each visitor is required to check‐in at the USACE Main Office, Suite 1500, where they will be asked to sign‐in and will then be directed to the Bid Opening Room. All individuals intending to attend the Bid Opening must allow enough time to go through security and check in at the USACE office before being escorted to the Bid opening room.
9. QUESTIONS:
PLEASE NOTE: INTERESTED BIDDERS MUST SUBMIT THEIR CONTRACTING AND
TECHNICAL INQUIRIES IN WRITING to MAJ Christine Warren at Christine.warren@usace.army.mil with a copy furnished to Regina G. Blair at regina.g.blair@usace.army.mil – BE SURE TO INCLUDE THE SOLICITATION NUMBER
W912P6‐14‐B‐0002 AND PROJECT TITLE ON THE SUBJECT LINE OF YOUR EMAIL.
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 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 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
JUL 2013
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)
(a) Definitions. As used in this provision--
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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.
Registered in the System for Award Management SAM database means that--
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM 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 SAM 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) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
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.
(End of provision)
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 STATE OF
ILLINOIS, COUNTY OF LAKE AND CITY OF WAUKEGAN.
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 $3.0 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 231 South LaSalle Street, Suite 1500 Chicago, IL 60604
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.252-1 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.acquisition.gov/far
(End of provision
Section 00600 - Representations & Certifications
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-7 Information Regarding Responsibility Matters JUL 2013 52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
SEP 2010
52.223-1 Biobased Product Certification MAY 2012 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
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--------------------------------------------------------------------
52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JULY 2013)
(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
(b)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 number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The
DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.
(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 name.
(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).
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUNE 2013)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $33.5 MILLION.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in 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 provision 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, 2010, or 2012.
(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 Certain Activities or Transactions Relating to Iran--Representation and Certifications. 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 Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 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 accessed through https://www.acquisition.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, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)
(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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); 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 , have not , 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…
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