AM2_Specs.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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 is, is not required.

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

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

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-10-B-0026 X 16 AUG 2010 1 OF

USACE, Los Angeles District Contracting Division, West Region Branch 915 Wilshire Blvd, Los Angeles, CA 90017 P. O. Box 532711, Los Angeles, CA 90053-2325

See Item 7

Lucia A. Carvajal 213.452.3240

Phase II, Prado Dam Auxiliary Embankment & Floodwall, Santa Ana River Mainstem, Riverside County, CA

Project consists of construction a multi-zoned compacted earthen dike which extends from the south side of the Prado spillway to Auto Centre Dr., approximately 5,370 feet in length, including excavation and backfill, stonework, drainage culverts, v-ditches, landscaping, A.C.

paving an appurtenant work; and construction a concrete floodwall along the north side of the railroad track from Auto Centre Dr., east approximately 1,200 feet including drilled concrete piles, drainage culvert, concrete ditches, fence-work and grading.

The estimated cost of this project is $10,000,000.00 - $25,000,000.00.

This project is issued a 100% small business set aside, and the assigned NAICS code is (237990).

10 *See 00800

X X *Section 00800

X 10

0 1300

September 17, 2010

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT 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) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

1 3

0002 Sep 8, 2010

W912PL

USACE-LOS ANGELES DISTRICT

CONTRACTING DIVISION, WEST REGION BRANCH

P.O. BOX 532711

LOS ANGELES, CA 90053-2325

W912PL-10-B-0026

Aug 16, 2010

Phase II, Prado Dam Auxiliary Embankment & Floodwall, Santa Ana River Mainstem, Riverside County, CA

Due date for receipt of bids is extended to 17 September 2010 at 13:00 local time.

Amendment 2 is issued to revise specifications and drawings per the attached Continuation Sheet:

Standard Form 30 – Amendment of Solicitation Page 2 of 3 Amendment No. 0002 September 8, 2010 W912PL-10-B-0026

PHASE II, PRADO DAM AUXILIARY EMBANKMENT & FLOODWALL, SANTA ANA RIVER

MAINSTEM, RIVERSIDE COUNTY, CA

Block 14 – continued

a. REPLACE the following Specification Sections in the Solicitation with the enclosed Sections:

00010 SECTION 00010 BID SCHEDULE

00100 SECTION 00100 INSTRUCTIONS TO BIDDERS

00800 SECTION 00800 SPECIAL CONTRACT REQUIREMENTS

00850 SECTION 00850 DAVIS BACON WAGE DECISION

01 11 00 SECTION 01 11 00 SUMMARY OF WORK

01 22 00 SECTION 01 22 00 MEASUREMENT AND PAYMENT

05 50 15 SECTION 05 50 15 CIVIL WORKS FABRICATIONS

33 21 00 SECTION 33 21 00 MONUMENTATION AND INSTRUMENTATION

33 42 26 SECTION 33 42 26 CONCRETE PRESSURE PIPE, STEEL-CYLINDER TYPE

b. REPLACE the following Plans/Drawings in the Solicitation with the enclosed Plans/Drawings:

File No. Sheet No. Drawing Title 373 / 181 Rev "A" C-2 INDEX TO CONTRACT DRAWINGS 373 / 188 Rev "A" C-9 PLAN & PROFILE - STA.57+00 TO STA.68+00 373 / 189 Rev "A" C-10 PLAN & PROFILE - STA.43+00 TO STA.57+00 373 / 190 Rev "A" C-11 PLAN & PROFILE - STA.29+00 TO STA.43+00 373 / 191 Rev "A" C-12 PLAN & PROFILE - STA.15+00 TO STA.29+00 373 / 195 Rev "A" C-16 TYPICAL EMBANKMENT SECTIONS 373 / 196 Rev "A" C-17 EMBANKMENT SECTION DETAILS 373 / 197 Rev "A" C-18 ACCESS RAMP - EMBANKMENT STA.64+60 373 / 198 Rev "A" C-19 RAMP 2 @ EMBANKMENT STA.28+00 373 / 199 Rev "A" C-20 BOX CULVERT PLAN - PROFILE, AND DETAILS

373 / 200 C-21 BOX CULVERT AND 72" DIA CULVERT OUTLET DETAILS

373 / 201 Rev "A" C-22 72" DIA CULVERT - STA.20+23.15 - PLAN, PROFILE, AND DETAILS 373 / 203 Rev "A" C-24 OBSERVATION WELL, SETTLEMENT PLATE, & SURVEY MONUMENT DETAILS 373 / 205 Rev "A" S-1 GENERAL STRUCTURAL NOTES & DETAILS 373 / 206 Rev "A" S-2 BOX CULVERT PROFILE & STRUCTURAL DETAILS 373 / 207 Rev "A" S-3 BOX CULVERT INLET STRUCTURE, STRUCTURAL DETAILS 373 / 208 Rev "A" S-4 BOX CULVERT OUTLET STRUCTURE, STRUCTURAL DETAILS 1 OF 2 373 / 209 Rev "A" S-5 BOX CULVERT OUTLET STRUCTURE, STRUCTURAL DETAILS 2 OF 2 373 / 210 Rev "A" S-6 72" PRESSURE PIPE - INLET STRUCTURE, STRUCTURAL DETAILS 373 / 211 Rev "A" S-7 72" PRESSURE PIPE - OUTLET STRUCTURE, STRUCTURAL DETAILS 1 OF 2 373 / 212 Rev "A" S-8 72" PRESSURE PIPE - OUTLET STRUCTURES, STRUCTURAL DETAILS 2 OF 2 373 / 213 Rev "A" S-9 PROTECTION BARRIER 373 / 214 Rev "A" S-10 PRESSURE MANHOLE STRUCTURAL DETAILS 373 / 217 Rev "A" G-1 PLAN OF EXPLORATION 373 / 221 Rev "A" G-5 LOGS OF FOUNDATION EXPLORATION TH75-22 AND TH75-23 373 / 251 Rev "A" 1 COVER SHEET 373 / 252 Rev "A" 2 LIST OF DRAWINGS 373 / 258 Rev "A" 8 GRADING AND DRAINAGE PLAN SHEET 1 OF 2 373 / 261 Rev "A" 11 GRADING CROSS SECTIONS SHEET 1 OF 2 373 / 262 Rev "A" 12 GRADING CROSS SECTIONS SHEET 2 OF 2 373 / 267 Rev "A" 18 PLAN & ELEVATION SHEET 1 OF 2 373 / 268 Rev "A" 19 PLAN & ELEVATION SHEET 2 OF 2 373 / 274 Rev "A" 25 WALL ELEVATION AND PLAN SHEET 1 OF 2 373 / 278 Rev "A" AC-02 CROSS SECTIONS STA.23+00 TO STA.15+80 373 / 281 Rev "A" AC-05 ACCESS RAMP - EMBANKMENT STA.18+00

END OF SF-30

Phase II, Prado Dam Auxiliary Embankment & Floodwall W912PL-10-B-0026

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 BID SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS & CERTIFICATIONS OF OFFERORS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00850 DAVIS BACON WAGE DECISION

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.10 USACE QUALITY CONTROL SYSTEM (QCS)

01 45 01 USACE QUALITY CONTROL

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 13 00 DIVERSION AND CONTROL OF WATER

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 11 13 STRUCTURAL CONCRETE FORMWORK

03 15 14 EXPANSION, CONTRACTION AND CONSTRUCTION JOINTS IN

CONCRETE FOR CIVIL WORKS

03 20 01 CONCRETE REINFORCEMENT

03 31 01 CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL WORKS

03 36 00 GROUTING STONE PROTECTION

DIVISION 05 - METALS

05 50 15 CIVIL WORKS FABRICATIONS

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 10 00 CLEARING FOR CIVIL WORKS

31 63 29 CAST-IN-DRILLED-HOLE CONCRETE PILES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE AND/OR GRADED-CRUSHED AGGREGATE BASE COURSE

32 12 12 BITUMINOUS PAVING

32 17 23 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

32 92 19 SEEDING

DIVISION 33 - UTILITIES

PROJECT TABLE OF CONTENTS Page 1 Amendment No. 0002

33 21 00 MONUMENTATION AND INSTRUMENTATION

33 24 00 OBSERVATION WELLS

33 40 00 STORM DRAINAGE UTILITIES

33 42 26 CONCRETE PRESSURE PIPE, STEEL-CYLINDER TYPE

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR

STRUCTURES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00010 Page 1

SECTION 00010

BID SCHEDULE

PART 1 GENERAL

BASE BID

Unit Item Description Quantity Unit Price Amount

0001 DIVERSION AND CONTROL OF WATER 1 JOB LS ____.__

0002 CLEAR SITE AND REMOVE OBSTRUCTIONS 1 JOB LS ____.__

0003 12" STRIPPING 34,100 CY ____.__ ____.__

0004 FOUNDATION EXCAVATION 276,600 CY ____.__ ____.__

0005 EXCAVATION, TOE 16,350 CY ____.__ ____.__

0006 COMPACTED FILL, ZONE I MATERIAL 579,000 CY ____.__ ____.__

0007 COMPACTED FILL, ZONE II MATERIAL 127,600 CY ____.__ ____.__

0008 COMPACTED FILL, ZONE I SELECT MATERIAL 14,600 CY ____.__ ____.__

0009 COMPACTED FILL, TRANSITION ZONE MATRL 94,600 CY ____.__ ____.__

0010 BACKFILL 9,500 CY ____.__ ____.__

0011 AGGREGATE BASE COURSE 4,970 TON____.__ ____.__

0012 ASPHALT CONCRETE PAVEMENT 1,130 TON ____.__ ____.__

0013 24" STONE PROTECTION 59,850 TON ____.__ ____.__

0014 RIPRAP PROTECTION 6,700 TON ____.__ ____.__

0005 SAND FILTER 54,730 TON ____.__ ____.__

0016 TOP SOIL FOR ESTHETIC TREATMENT 12,030 CY ____.__ ____.__

0017 12" BEDDING FOR STONE PROTECTION 27,540 TON ____.__ ____.__

0018 DELINEATORS 1 JOB LS ____.__

0019 72"-DIA CULVERT 1 JOB LS ____.__

0020 BOX CULVERT 1 JOB LS ____.__

DOCUMENT 00010 Page 2

BASE BID (Cont.)

0021 CONCRETE DRAINAGE DITCH - TYPE 1 1,760 LF ____.__ ____.__

0022 CONCRETE DRAINAGE DITCH - TYPE 2 1,360 LF ____.__ ____.__

0023 CONCRETE DRAINAGE DITCH - TYPE 3 338 LF ____.__ ____.__

0024 CABLE FENCING 4,540 LF ____.__ ____.__

0025 SETTLEMENT PLATES 34 EA ____.__ ____.__

0026 SETTLEMENT BASES 4 EA ____.__ ____.__

0027 OBSERVATION WELLS 5 EA ____.__ ____.__

0028 HYDROSEEDING 12 AC ____.__ ____.__

0029 HYDROSEEDING MAINTENANCE 12 AC ____.__ ____.__

0030 ENVIRONMENTAL PROVISIONS 1 JOB LS ____.__

0031 AS-BUILT DRAWINGS 1 JOB LS ____.__

FLOODWALL

0032 CLEAR SITE AND REMOVE OBSTRUCTIONS,

FLOODWALL SITE 1 JOB LS ____.__

0033 EXCAVATION, FLOODWALL SITE 6,180 CY ____.__ ____.__

0034 12" STRIPPING, FLOODWALL SITE 800 CY ____.__ ____.__

0035 BACKFILL, FLOODWALL SITE 3,360 CY ____.__ ____.__

0036 SHORING 7,625 SF ____.__ ____.__

0037 CAST-IN-DRILLED-HOLE CONCRETE PILES 6,280 LF ____.__ ____.__

0038 CONCRETE "V" DITCH 1,012 LF ____.__ ____.__

0039 CONCRETE DRAINAGE SWALE 910 LF ____.__ ____.__

0040 DRAINAGE IMPROVEMENTS 1 JOB LS ____.__

0041 RELIEF DRAIN 1 JOB LS ____.__

0042 REMOVE AND REPLACE CHAIN LINK FENCE 60 LF ____.__ ____.__

0043 CHAIN LINK FENCE - 8-FOOT 328 LF ____.__ ____.__

0044 CHAIN LINK GATES 1 EA ____.__ ____.__

0045 CONCRETE FLOODWALL TYPE A 177 LF ____.__ ____.__

DOCUMENT 00010 Page 3

BASE BID (Cont.)

0046 CONCRETE FLOODWALL TYPE B 120 LF ____.__ ____.__

0047 CONCRETE FLOODWALL TYPE C 412 LF ____.__ ____.__

0048 CONCRETE FLOODWALL TYPE D 292 LF ____.__ ____.__

SUBTOTAL LINE ITEMS 0001-0048 (BASE BID) $____________________.____

OPTION ITEM 1

Unit Item Description Quantity Unit Price Amount

1001 DIVERSION AND CONTROL OF WATER 1 JOB LS ____.__

1002 CLEAR SITE AND REMOVE OBSTRUCTIONS 1 JOB LS ____.__

1003 EXCAVATION, TOE 2,280 CY ____.__ ____.__

1004 COMPACTED FILL, ZONE I MATERIAL 22,900 CY ____.__ ____.__

1005 COMPACTED FILL, ZONE II MATERIAL 3,400 CY ____.__ ____.__

1006 COMPACTED FILL, ZONE II MATERIAL 2,600 CY ____.__ ____.__

1007 COMPACTED FILL, ZONE II MATERIAL 2,170 CY ____.__ ____.__

1008 AGGREGATE BASE COURSE 400 TON ____.__ ____.__

1009 ASPHALT CONCRETE PAVEMENT 235 TON ____.__ ____.__

1010 24" STONE PROTECTION 4,750 TON ____.__ ____.__

1011 12" BEDDING FOR STONE PROTECTION 2,320 TON ____.__ ____.__

1012 (BID ITEM DELETED)

1013 TOP SOIL FOR ESTHETIC TREATMENT 1,100 CY ____.__ ____.__

1014 SWING GATE 1 JOB LS ____.__

1015 CABLE FENCING 520 LF ____.__ ____.__

1016 HYDROSEEDING 1 JOB LS ____.__

DOCUMENT 00010 Page 4

OPTION 1 (Cont.)

FLOODWALL

1017 EXCAVATION, FLOODWALL SITE 600 CY ____.__ ____.__

1018 BACKFILL, FLOODWALL SITE 290 CY ____.__ ____.__

1019 SHORING 1,544 SF ____.__ ____.__

1020 CAST-IN-DRILLED-HOLE CONCRETE PILES 360 LF ____.__ ____.__

1021 CONCRETE "V" DITCH 122 LF ____.__ ____.__

1022 CONCRETE DRAINAGE SWALE 24 LF ____.__ ____.__

1023 RELIEF DRAIN 1 JOB LS ____.__

1024 CONCRETE FLOODWALL TYPE C 122 LF ____.__ ____.__

SUBTOTAL LINE ITEMS 1001- 1024 (OPTION 1) $____________________.____

TOTAL ESTIMATED AMOUNT $___________________.____

(Base Bid, and Option 1 Bid Items)

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section --

DOCUMENT 00010 Page 5

W912PL-10-B-0026

00100-1

Section 00100 - Bidding Schedule/Instructions to Bidders

552.0000-4010 INQUIRIES

52.0000-4023 SAFETY REQUIREMENTS

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

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

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

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

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) 6

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)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

52.214-4584 FACSIMILE BIDS/OFFERS

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS………………………………………………………………10

52.214-4599 EVALUATION FOR AWARD

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

(UNDER TRADE AGREEMENTS FEB 2009)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

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

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG

1999)

252.204-7004 CENTRAL CONTRACTOR REGISTRATION (52.204-7) ALTERNATE A (SEP 2007)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (MAR 2008)

00100-2

Section 00100 - Bidding Schedule/Instructions to Bidders

552.0000-4010 INQUIRIES

Any prospective bidder/offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective bidder/offeror concerning a solicitation will be furnished promptly to all other prospective bidders/offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders /offerors will need to be a current registered user or self register into the system. To self register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and clickcontinue.

Please Note: Bidders/Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

B. B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by the technical team.

D. The Solicitation Number is: W912PL-10-B-0026

The Bidder Inquiry Key is: J72XAC-OQKWWN

2. The Bidder Inquiry System will be unavailable for new inquiries 5 business days prior to proposal submission in order to ensure adequate time allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders/Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

52.0000-4023 SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained from the US Army Engineer District, Los Angeles, ATTN: Safety Office, P.O. Box 532711, Los Angeles, California 90053-2325 or on-line at: http://www.usace.army.mil/CESO/Pages/EM385-1- 1,2008NEW!.aspx.

http://www.projnet.org/projnet� http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx� http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx�

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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)

52.209-4501 CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY

In accordance with FAR 9.103(a)…”contracts shall be awarded to responsible, prospective contractors only.” In order to determine a contractor’s responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work, and/or plant to be used in performing the work is required. After the bid opening, the Government will request this information and set a due date for its submission.

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52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile

(202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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 DX rated order; X DO 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 regulation. [Contracting Officer check appropriate box.]

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52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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.

52.214-5 SUBMISSION OF BIDS (MAR 1997)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, 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 bids; or

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

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

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids 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.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

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(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and

(2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

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52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

Any telegram to modify or withdraw a bid/offer sent to this office must be physically delivered to the office designated for receipt of bid/offer by the date and time set for bid opening/receipt of proposals.

No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

52.214-4584 FACSIMILE BIDS/OFFERS

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

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)

52.0214-5001 DIRECTIONS FOR SUBMITING BIDS (APR 2002)

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

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Bid under IFB No. W912PL-10-B-0026 Bid Opening Date: Refer to SF 1442, “Solicitation, Offer & Award” Block No.13A

ADDRESS ENVELOPES TO:

Department of the Army U. S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Lucia A. Carvajal or Cynthia McManus 915 Wilshire Blvd Los Angeles, CA 90017

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Due to security precautions, all Corps of Engineers visitors/couriers are now required to check in at the Security Office, Suite 1101, 915 Wilshire Blvd, Los Angeles, CA 90017. Bidders are no longer permitted to hand-carry their bids directly to Contacting Division without an authorized escort. Bids may NOT be left unattended at the Security Office, Suite 1101.

Bidders who desire to hand-deliver their bids prior to the scheduled bid opening time/date must notify the Contracting Division to arrange for receipt of their bid by Contracting Division personnel. Normally the contact will be the Contract Specialist(s) designated above (Cynthia McManus at 213.452.3247 or Lucia A. Carvajal at 213.452.3240). In the event the Contract Specialist(s) cannot be reached, please call the main Contracting Division telephone number, 213-452-3231 or the following alternative telephone numbers -3233, -3245, -3234, or -3235, in order to request assistance.

10 minutes prior to the scheduled bid opening time/date, the Bid Opening Officer will be in the Security Office, Suite 1101 to accept bids. After visitor in-processing, all bidders will subsequently be escorted to Bid Opening Room, where the bids will be publicly opened and read.

In addition, no more than 2 visitors per firm will be permitted within the building. No exceptions will be made. The offeror is responsible for compliance with the security requirements and shall ensure that any company representative, courier or delivery personnel are aware of these special procedures pertaining to hand carried bids.

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52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS

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).

52.214-4599 EVALUATION FOR AWARD

The Government contemplates award of one contract to the responsive, responsible bidder who submits the low bid for the total of all the items in the Bidding Schedule.

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

19.7%

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.

00100-11

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 Prado Dam, Santa Ana Mainstem, Riverside County, CA

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 countryconstruction 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 UnderTrade 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.

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(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

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

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

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

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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(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 Mrs. Tina A. Frazier, Contracting Officer, c/o Lucia A. Carvajal, USACE- Los Angeles District, P.O. Box 532711, Los Angeles, CA 90053-2325.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.232-38 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).

(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.

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

(a) The clauses at…