W912P809R0065.pdf

ED 08-024

W912P8-09-R-0065

US Army Corps of Engineers ® New Orleans District

Lake Pontchartrain, LA and Vicinity Hurricane Protection Project

Fronting Protection and Breakwater Modification Jefferson Lakefront Pumping Stations No. 1 thru 4

Jefferson Parish, Louisiana

Construction Solicitation and Specifications

31 July 2009

PHONE INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

AREA CODE 504

COLLECT CALLS NOT ACCEPTED

INFORMATION

LAUREN A. GANDOLFI

862-2340

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

P.O. BOX 60267

NEW ORLEANS, LOUISIANA 70160-0267

SOLICITATION: W912P8-09-R-0065 31 July 2009

UNRESTRICTED

FOR: Lake Pontchartrain, LA and Vicinity, Hurricane Protection Project, Fronting Protection and

Breakwater Modification, Jefferson Lakefront, Pumping Stations No. 1 thru 4, Jefferson Parish, LA

PROPOSAL DUE DATE: SEPTEMBER 1, 2009, 2:00 CST.

***The US Army Corps of Engineers, New Orleans District, will hold a Pre-Proposal conference to discuss this solicitation at the New Orleans Marriott Metairie at Lakeway hotel, 3838 N. Causeway Blvd. Metairie, LA 70002 on Friday, 14 August 2009 at 9:00 am.

Attendance at this conference is highly recommended. Please review the entire solicitation prior to the conference and have any questions regarding the requirements ready. Further information regarding the conference will be posted on the MVN homepage (http://www.mvn.usace.army.mil/ebs/index.asp).***

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. (DFARS 204.7302) Prospective contractors must be registered in the CCR database prior to award of a contract. By regulation, no DoD contract can be awarded to any contractor that is not registered in the Department of Defense “Central Contractor Registration” (CCR). If your company is not currently registered in the CCR you may do so by simply going to http://www.ccr.gov. You will be required to provide your company’s Dun and Bradstreet number.

If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at (800) 333-0505.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY

THIS SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS

IN BIDS IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of constructing a continuous line of hurricane flood protection across the discharge basins at Pumping Stations No. 1 thru 4, as well as, modifications to the two existing breakwaters at Pumping Stations No. 2 and 3. This protection will incorporate pile founded reinforced concrete T-walls, L-walls, swing gate and gatebay type monoliths.

Sluice gates and dewatering bulkheads will be installed within the gatebay monoliths located in front of the reinforced concrete discharge tubes. Existing butterfly gates will be reused within the steel discharge tubes. Gate operation will be by individual electric actuators utilizing local and remote controls. Site work will include reconstruction of an access road bridge, modifications to existing pumping station utilities, dewatering systems, construction of temporary retaining structures with work platforms, miscellaneous excavation, clearing and grubbing. Miscellaneous mechanical and electrical work will also be performed.

CAUTION TO BIDDERS: In delivery of hand-carried proposals, offerors are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late proposals.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE

WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED SEPTEMBER 2008.

ATTENTION:

Effective January 1, 2005, all Contractors who submit an offer/bid are required to register in the Online Representations and Certifications Applications (ORCA). See FAR Clauses 25.204-7 and 52.204-8 for required information. The Web site for ORCA is http://orca.bpn.gov. ORCA registration replaces some of the Representations and Certifications normally found in Section 0600.

MTC-i ED 08-024

MAIN TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 Solicitation, Offer and Award (SF-1442) Bidding Schedule 00010-1-00010-14 00100 Instructions To Bidders 00100-1-00100-9 00130 Proposal Evaluation Criteria 00130-1-00130-8 00600 Representations and Certifications 00600-1-00600-8 00700 Contract Clauses 00700-1-00700-133 00800 Special Contract Requirements 00800-1-00800-2

DIVISION 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 01.00 10 Project Schedule 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 02.00 10 Quality Control System (QCS) 01 45 04.00 10 Contractor Quality Control 01 53 00.01 12 Temporary Flood Protection 01 53 00.02 12 Temporary Retaining Structures 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Measures 01 57 23.01 12 Truck Wash-Down Racks 01 78 02.00 10 Closeout Submittals 01 78 23 Operation and Maintenance Data

DIVISION 02 – EXISTING CONDITIONS

02 41 00 Demolition

DIVISION 03 - CONCRETE

03 11 14.00 12 Formwork For Concrete 03 15 13.00 12 Expansion Joints and Waterstops in Concrete 03 21 00.00 12 Reinforcing Steel 03 31 00.00 12 Cast-In-Place Structural Concrete

DIVISION 05 - METALS

05 50 03.00 12 Metalwork Fabrication, Machine Work, and Miscellaneous Provisions 05 50 04.02 12 Miscellaneous Metal Work

MTC-ii ED 08-024

DIVISION 09 - FINISHES

09 97 02.03 12 Painting: Vinyl and Coal Tar Epoxy Systems

DIVISION 22 – PLUMBING

22 14 29.00 40 Sump Pumps

DIVISION 23 – HVAC

23 20 00.00 12 Piping Specialties

DIVISION 26 – ELECTRICAL

26 00 00.00 20 Basic Electrical Materials and Methods 26 05 00.00 40 Common Work Results for Electrical 26 05 19.00 10 Insulated Wire and Cable 26 20 00 Electrical Distribution System 26 42 00.00 12 Cathodic Protection

DIVISION 31 – EARTHWORK

31 05 19.04 12 Separator Geotextile 31 11 00.00 12 Clearing and Grubbing 31 23 16.16 12 Structural Excavation and Backfill 31 23 19.00 12 Dewatering 31 24 00.00 12 Embankment 31 41 16.00 12 Steel Sheet Piling 31 62 13.20 12 Prestressed Concrete Piles 31 62 16.00 12 Steel H-Piles 31 62 17.00 12 Steel Pipe Piles

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 23 Aggregate Base Course 32 12 16.00 12 Asphaltic Pavement 32 15 00.00 12 Surfacing (Granular) 32 34 00.02 12 Precast Concrete Bridge Units and Deck Panels 32 92 19.04 12 Turf Establishment and Maintenance

DIVISION 33 – UTILITIES

33 05 00.00 12 Modifications to Existing Utilities 33 41 00 Drain Lines 33 44 12.13 12 Drainage Structures

MTC-iii ED 08-024

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 16.26 12 Sluice Gates and Hoists 35 20 16.60 12 Swing Gate 35 20 16.62 12 Stainless Steel Slide Gates and Appurtenant Items 35 20 23 Dredging 35 31 19.03 12 Stone 35 73 75.00 12 Diving

X 31 July 2009 1 2

ED-08-024

USACE, New Orleans District

CEMVN-CT-W

7400 Leake Ave.

New Orleans, LA 70118-3651

USACE, New Orleans District CEMVN-CT-W, Room 172 Attn: Lauren Gandolfi 7400 Leake Ave.

New Orleans, LA 70118-3651

Lauren A. Gandolfi 504-862-2340

LPV 9.2, Lake Pontchartrain, LA and Vicinity, Hurricane Protection Project, Fronting Protection and Breakwater Modification, Jefferson Lakefront, Pumping Stations No. 1 thru 4, Jefferson Parish, LA

***See Section 00700, 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

10 *** X X

X 5

6 2:00 CST 1 September 09

X

DUNS CAGE

USACE, East Bank Area Office 990 N. Corporate Drive, Suite 102 Harahan, LA 70123

USAED New Orleans c/o USACE Finance Center (UFC) Attn: CEFC-AO-P 5720 Integrity Dr.

Millington, TN 38054-5005

00010-3 ED 08-024

SECTION 00010 - BIDDING SCHEDULE

Fronting Protection, Jefferson Lakefront

Pumping Station No. 1 (Bonnabel)

Item

DESCRIPTION

Estimated Quantity

Unit

Unit Price

Amount

0001 Mobilization and Demobilization 1 LS

0002 Silt Fence

0002AA Silt Fence, First 3,000 LF 3,000 LF

0002AB Silt Fence, All Over 3,000 LF 500 LF

0003 Security Fence

0003AA Security Fence, First 2,000 LF 2,000 LF

0003AB Security Fence, All Over 2,000 LF 400 LF

0004 Work Platform 1 LS

0005 Temporary Flood Protection 1 LS

0006 Temporary Retaining Structures 1 LS

0007 Truck Wash-Down Racks 1 LS

0008 Demolition 1 LS

0009 Reinforced Concrete 1 LS

0010 Miscellaneous Metalwork 1 LS

0011 Site Drainage 1 LS

0012 Painting 1 LS

0013 Geotextile 2,950 SY

0014 Clearing and Grubbing 1 LS

0015 Structural Excavation

0015AA Structural Excavation, First 6,500 CY 6,500 CY

00010-14 ED 08-024

0015AB Structural Excavation, All Over 6,500 CY 3,000 CY

0016 Granular Backfill 850 CY

0017 Construction Dewatering 1 LS

0018 Flood Events

0018AA Flood Events, First 15 EA 15 EA

0018AB Flood Events, All Over 15 EA 15 EA

0019 Embankment Compacted Fill 3,500 CY

0020 Government-Furnished Steel Sheet Piling 1 LS

0021 Furnish Piling Steel H, HP 14 X 73 27,950 LF

0022 Driving Piling Steel H, HP 14 X 73 27,950 LF

0023 Furnish Piling Steel Pipe, 24-inch x ½-inch 13,990 LF

0024 Driving Piling Steel Pipe, 24-inch x ½-inch 13,990 LF

0025 Temporary Detour and Access Ramps 1 LS

0026 Surfacing 100 CY

0027 Seeding and Mulching 6 AC

0028 Fertilizer 1,100 LB

0029 Utility Modifications 1 LS

0030 Sluice Gates 1 LS

0031 Stainless Steel Slide Gates and Appurtenant Items 1 LS

0032 Stone – Discharge Channel 1,320 TN

0033 Aggregate Base Course 40 CY

0034 Asphaltic Pavement 250 SY

0035 Electrical 1 LS

Fronting Protection and Breakwater Modification, Jefferson Lakefront

Pumping Station No. 2 (Suburban)

0036 Mobilization and Demobilization 1 LS

0037 Silt Fence

0037AA Silt Fence, First 3,000 LF 3,000 LF

0037AB Silt Fence, All Over 3,000 LF 1,300 LF

0038 Security Fence

0038AA Security Fence, First 1,000 LF 1,000 LF

0038AB Security Fence, All Over 1,000 LF 200 LF

0039 Work Platform 1 LS

0040 Temporary Flood Protection 1 LS

0041 Temporary Retaining

0042 Truck Wash-Down Rack 1 LS

0043 Demolition 1 LS

0044 Reinforced Concrete 1 LS

0045 Miscellaneous Metalwork 1 LS

0046 Site Drainage 1 LS

0047 Painting 1 LS

0048 Geotextile 10,000 SY

0049 Clearing and Grubbing 1 LS

0050 Structural Excavation

0050AA

Structural Excavation, First 12,500 CY 12,500 CY

0050AB Structural Excavation, All Over 12,500 CY 6,000 CY

0051 Granular Backfill 3,730 CY

0052 Construction Dewatering 1 LS

0053 Flood Events

0053AA Flood Events, First 15 EA 15 EA

0053AB Flood Events, All Over 15 EA 15 EA

0054 Embankment Compacted Fill 5,200 CY

0055 Government-Furnished Steel Sheet Piling 1 LS

0056 Piling, Steel Sheet, Type PZ 35 10,050 SF

0057 Furnish Piling Steel H, HP 14 X 73 31,070 LF

0058 Driving Piling Steel H, HP 14 X 73 31,070 LF

0059 Furnish Piling Steel H, HP 14 X 89 5,620 LF

0060 Driving Piling Steel H, HP 14 X 89 5,620 LF

0061 Furnish Piling Steel Pipe, 20-inch x ½-inch 12,480 LF

0062 Driving Piling Steel Pipe, 20-inch x ½-inch 12,480 LF

0063 Temporary Detour and Access Ramps 1 LS

0064 Surfacing 100 CY

0065 Seeding and Mulching 3 AC

0066 Fertilizer 550 LB

0067 Utility Modifications 1 LS

0068 Sluice Gates 1 LS

0069 Stainless Steel Slide Gates and Appurtenant Items 1 LS

0070 Dredging 22,600 CY

0071 Maintenance Dredging 11,300 CY

0072 Floating Turbidity Curtain 6,750 LF

0073 Soil Filled Barrier 2,700 LF

0074 Stone – Breakwater 18,500 TN

0075 Stone – Discharge Channel 2,670 TN

0076 Aggregate Base Course 160 CY

0077 Asphaltic Pavement 930 SY

0078 Electrical 1 LS

Fronting Protection and Breakwater Modification, Jefferson Lakefront

Pumping Station No. 3 (Elmwood)

0079 Mobilization and Demobilization 1 LS

0080 Silt Fence

0080AA Silt Fence, First 1,000 LF 1,000 LF

0080AB Silt Fence, All Over 1,000 LF 1,000 LF

0081 Security Fence

0081AA Security Fence, First 750 LF 750 LF

0081AB Security Fence, All Over 750 LF 750 LF

0082 Work Platform 1 LS

0083 Temporary Flood Protection 1 LS

0084 Temporary Retaining

0085 Truck Wash-Down Rack 1 LS

0086 Demolition 1 LS

0087 Reinforced Concrete 1 LS

0088 Miscellaneous Metalwork 1 LS

0089 Sump Pumps 1 EA

0090 Painting 1 LS

0091 Geotextile 16,400 SY

0092 Clearing and Grubbing 1 LS

0093 Structural Excavation

0093AA Structural Excavation, First 19,500 CY 19,500 CY

0093AB Structural Excavation, All Over 19,500 CY 5,000 CY

0094 Granular Backfill 4,350 CY

0095 Construction Dewatering 1 LS

0096 Flood Events

0096AA Flood Events, First 5 EA 5 EA

0096AB Flood Events, All over 5 EA 5 EA

0097 Embankment Compacted Fill 2,850 CY

0098 Government-Furnished Steel Sheet Piling 1 LS

0099 Piling, Steel Sheet, Type PZ 27 13,380 SF

Piling, Concrete Prestressed (18-Inch x 18- Inch)

36,630 LF

Piling, Concrete Prestressed (14-Inch x 14- Inch)

5,280 LF

0102 Furnish Piling Steel H, HP 14 X 89 75,225 LF

0103 Driving Piling Steel H, HP 14 X 89 75,225 LF

0104 Temporary Detour and Access Ramps 1 LS

0105 Surfacing 100 CY

0106 Seeding and Mulching 5 AC

0107 Fertilizer 900 LB

0108 Utility Modifications 1 LS

0109 Sluice Gates 1 LS

0110 Stainless Steel Slide Gates and Appurtenant Items 1 LS

0111 Dredging 10,250 CY

0112 Maintenance Dredging 5,125 CY

0113 Floating Turbidity Curtain 6,600 LF

0114 Soil Filled Barrier 1,125 LF

0115 Stone - Breakwater 24,200 TN

0116 Stone – Discharge Channel 6,500 TN

0117 Aggregate Base Course 50 CY

0118 Asphaltic Pavement 180 SY

0119 Precast Bridge Slabs 57 EA

0120 Guard Rail 760 LF

0121 Electrical 1 LS

Fronting Protection, Jefferson Lakefront

Pumping Station No. 4 (Duncan)

0122 Mobilization and Demobilization 1 LS

0123 Silt Fence

0123AA Silt Fence, First 3,000 LF 3,000 LF

0123AB Silt Fence, All Over 3,000 LF 1,000 LF

0124 Security Fence

0124AA Security Fence, First 3,000 LF 3,000 LF

0124AB Security Fence, All Over 3,000 LF 1,000 LF

0125 Work Platform 1 LS

0126 Temporary Flood Protection 1 LS

0127 Temporary Retaining

0128 Truck Wash-Down Rack 1 LS

0129 Demolition 1 LS

0130 Reinforced Concrete 1 LS

0131 Precast Deck Panels 14 EA

0132 Miscellaneous Metalwork 1 LS

0133 Sump Pumps 2 EA

0134 Painting 1 LS

0135 Geotextile 2,500 SY

0136 Clearing and Grubbing 1 LS

0137 Structural Excavation

0137AA Structural Excavation, First 9,500 CY 9,500 CY

0137AB Structural Excavation, All Over 9,500 CY 4,000 CY

0138 Granular Backfill 4,000 CY

0139 Construction Dewatering 1 LS

0140 Flood Events

0140AA Flood Events, First 15 EA 15 EA

0140AB Flood Events, All Over 15 EA 15 EA

0141 Embankment Compacted Fill 1,200 CY

0142 Government-Furnished Steel Sheet Piling 1 LS

Piling, Concrete Prestressed (14-Inch x 14- Inch)

26,500 LF

0144 Furnish Piling Steel H, HP 14 X 89 34,900 LF

0145 Driving Piling Steel H, HP 14 X 89 34,900 LF

0146 Temporary Detour and Access Ramps 1 LS

0147 Surfacing 100 CY

0148 Seeding and Mulching 3 AC

0149 Fertilizing 550 LB

0150 Utility Modifications 1 LS

0151 Sluice Gates 1 LS

0152 Structural Steel Swing Gate 1 LS

0153 Stainless Steel Slide Gates and Appurtenant Items 1 LS

0154 Stone – Discharge Channel 2,200 TN

0155 Aggregate Base Course 60 CY

0156 Asphaltic Pavement 350 SY

0157 Electrical 1 LS

TOTAL: $

Award will be made as a whole to one bidder.

NOTE 1: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE

AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID

SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR

AWARD.

NOTE 2: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

NOTE 3: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 4: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices; http://www.mvn.usace.army.mil/ebs/rapid_vendor_payment.asp

EVALUATION OF SUBDIVIDED ITEMS. (EFARS 52.211-5000 - MAR 95).

Item Nos. 0002, 0003, 0015, 0018, 0037, 0038, 0050, 0053, 0080, 0081, 0093, 0096, 0123, 0124, 0137 and 0140 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of Clause)

VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS. (EFARS

52.211-5001 - MAR 95).

The Variations in Estimated Quantities Subdivided Items clause is applicable only in Item No. 0002, 0003, 0015, 0018, 0037, 0038, 0050, 0053, 0080, 0081, 0093, 0096, 0123, 0124, 0137 and 0140.

a. Variations from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

b. Where the actual quantity of work performed for Item Nos. 0002, 0003, 0015, 0018, 0037, 0038, 0050, 0053, 0080, 0081, 0093, 0096, 0123, 0124, 0137 and 0140 is less than 85% of the quantity of the first sub-item listed under such items, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity .

c. If the quantity of work performed under Item Nos. 0002, 0003, 0015, 0018, 0037, 0038, 0050, 0053, 0080, 0081, 0093, 0096, 0123, 0124, 0137 and 0140 exceeds 115% or is less than 85% of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under the second sub-item or any subsequent sub-item under Item No. NONE exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract, the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(End of Clause)

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INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 67$1'$5'�)250�����5(9���������%$&.

1$0(� $''5(66

6,*1$785(�6�

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(e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitation listed therein. where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designed "SURETY(IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal";

and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

W912P8-09-R-0065 i ED-08-024

Section 00100 Bidding Schedule/Instructions to Bidders

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR

2008)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE,

EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR

2008)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2004)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS (FEB 2009)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

52.232-38 - SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE

REPORTING (AUG 1999)

W912P8-09-R-0065 1 ED-08-024

Section 00100 Bidding Schedule/Instructions to Bidders

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) 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 CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) 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).

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DO-N7 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this

W912P8-09-R-0065 2 ED-08-024

regulation.

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation

(15 CFR 700).

(End of clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set

W912P8-09-R-0065 3 ED-08-024

opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

W912P8-09-R-0065 4 ED-08-024

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of- -or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

W912P8-09-R-0065 5 ED-08-024

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

W912P8-09-R-0065 6 ED-08-024

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--

W912P8-09-R-0065 7 ED-08-024

Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225- 11).

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

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.232-38 - SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

As prescribed in 32.1110(g), insert the following provision:

Submission of Electronic Funds Transfer Information With Offer (May 1999) The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror's name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.

(5) The offeror's account number and the type of account (checking, savings, or lockbox).

W912P8-09-R-0065 8 ED-08-024

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

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

Mr. Charles R. Zammit Contracting Officer U.S. Army Corps of Engineers P.O. Box 60267 New Orleans, LA 70160-0267

FAX: (504) 862-2889

(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.