Free Administrative Record - District Court of Federal Claims - federal

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UNITED STATES COURT OF FEDERAL CLAIMS ADMINISTRATIVE RECORD FOR W912EQ-08-B-0001 DREDGING OF THE MISSISSIPPI RIVER, HARBORS AND NEW CONSTRUCTION OF NORTH WEST TENNESSEE HARBOR IN DEFENSE OF Pre-Bid Protest from Great Lakes Dredge & Dock Company LLC's April 23, 2008

1

PURCHASE REQUEST AND COMMITMENT
W38XGR73303790
5. THRU: 6. FROM:

1. PURCHASE INSTRUMENT NO.

2. REQUISITION NO.

3.DATE

Page

1 of 1

For use of this form, see AR 37-1; the proponent agency is Hq. Dept ARMY SUPPLY/SERVICE CONTRACTS BR PHYSICAL SUPPORT BRANCH

26Nov2007

4. TO:

Purchasing and Contracting Officer

It is requested that the suppplies and services enumerated below or on attached list be 8. DELIVERED TO 9. NOT LATER THAN

7. PURCHASED FOR

PHYSICAL SUPPORT BRANCH SEE LINE ITEM BELOW
10. NAME OF PERSON TO CALL FOR ADDITIONAL INFORMATION

SEE LINE ITEM BELOW
11. TELEPHONE NUMBER

The supplies and services listed below cannot be secured through normal supply channels or other Army supply sources in the immediate vicinity, and their procurement will not violate existing regulations pertaining to local purchases for stock, therefore, local procurement is necessary for the following reason: (Check appropriate box and complete item.)

PHOEBE K RUCKER

901-544-3879

12. LOCAL PURCHASES AUTHORIZED AS THE NORMAL MEANS OF SUPPLY FOR THE FOREGOING BY

13. REQUISITIONING DISCLOSES NONAVAILABILITY OF ITEMS AND LOCAL PURCHASE IS AUTHORIZED BY

FUND CERTIFICATION The supplies and services listed on this request are properly chargeable to the following allotments, the available balances of which are sufficient to cover the cost thereof, and funds have been committed.

Case 1:08-cv-00282-SGB

14. ITEM LS OBLIG ADJ: SEE LINE ITEM SECTION B1 X 7J12FK 901-544-3879 08 2411 077050 96401 3230 2D94KG 20. TYPED NAME AND TITLE OF CERTIFYING OFFICER

EMERGENCY SITUATION PRECLUDES USE OF REQUISITION CHANNELS FOR SECURING ITEMS 15. 16. 17. 18. ESTIMATED DESCRIPTION OF SUPPLY OR SERVICES QUANTITY UNIT TOTAL COST UNIT PRICE

0001 DEL ORDER #, CE, MCKELLAR LAKE HARBOR

19. ACCOUNTING CLASSIFICATION AND AMOUNT S&A: $.00 CONTRACT: $1.00 $1.00 TOTAL: $1.00 $.00

DREDGING --- Project No.: 107059

DEL DATE 26Nov2007

96 NA X

3112.0000

NA

21. SIGNATURE

22. DATE

SHIP TO

DEL TO

PHOEBE K RUCKER

PAULA S BURTON ACCOUNTANT

Document 10-2

PAULA S BURTON

27Nov2007

/electronically signed by/
23. DISCOUNT TERMS

24. PURCHASE ORDER NUMBER 26. DELIVERY REQUIREMENTS GOODS OR SERVICES YES NO

Filed 04/25/2008

25. THE FOREGOING ITEMS ARE REQUIRED NOT LATER THAN AS INDICATED ABOVE FOR THE FOLLOWING PURPOSE

27. TYPED NAME AND GRADE OF INITIATING OFFICER 28. SIGNATURE

29. DATE

36. DATE

PHOEBE K RUCKER

PHOEBE K RUCKER 26Nov2007 /electronically signed by/
32. SIGNATURE 33. DATE

IF YES, NUMBER OF DAYS REQUIRED 35. SIGNATURE 34. TYPED NAME AND GRADE OF APPROVING OFFICER OR DESIGNEE

30. TELEPHONE NUMBER

PHOEBE K RUCKER PROGRAM ANALYST

PHOEBE K RUCKER

26Nov2007

901-544-3879

Page 2 of 150

31. TYPED NAME AND GRADE OF SUPPLYOFFICER

/electronically signed by/ EDITION OF AUG 76 IS OBSOLETE USAPPC V2.00

DA FORM 3953, MAR 91

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(b) Source Selection Plan is not applicable for this procurement. This is an Invitation for Bids.

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(c) Bid abstract or prospectus of bid. Not Applicable, this is a pre-bid protest.

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Z--Lease of one Cutterhead Hydraulic Pipeline Dredge, fully operated with attendant plant for Dredging of the Mississippi River, existing harbors and new construction of North West Tennessee Harbor in the Memphis District.
Solicitation Number: W912EQ-08-B-0001 Agency: Department of the Army Office: U.S. Army Corps of Engineers Location: U.S. Army Engineer District, Memphis Note:

Notice Type: Presolicitation Posted Date: December 12, 2007 Response Date: January 28, 2008 Archiving Policy: Automatic, on specified date Archive Date: March 28, 2008 Classification Code: Z -- Maintenance, repair, and alteration of real property NAICS Code: 237 -- Heavy and Civil Engineering Construction/237990 -- Other Heavy and Civil Engineering Construction

Solicitation Number: W912EQ-08-B-0001 Notice Type: Presolicitation Synopsis: Added: December 12, 2007 The dredge will be used to maintain various harbors at any point on the Mississippi River between Cape Girardeau, Missouri (Mile 48 UMR), and Greenville, Mississippi (Mile 537 AHP), which includes

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Hickman, Kentucky; New Madrid, Missouri; Caruthersvil le, Missouri; Osceola, Arkansas; Memphis, Tennessee; and Helena, Arkansas. The dredge will also be used for new construction dredging of the North West Tennessee Harbor LMR. Mile 899.0. The dredge shall be not less than 27-inch I.D. discharge and have a manufacturer s horsepower rating for continuous operation of not less than 3,900 brake horsepower. Dredges no larger than 30-inch will be considered, the estimated output will be based on the quantity shown for a 30 inch dredge. The estimated cost range o f the work is between $5,000,000 and $10,000,000. This will be an unrestricted procurement with Price Evaluation for HubZone small business concerns. For the purpose of this procurement to qualify as a small business concern, in addition to being independ ently owned and operated and not dominate in the field of operation in which it is bidding on Government contracts, the concern must have had average annual sales receipts for the preceding three fiscal years not exceeding $18,500,000 dollars. Also, to be considered small for the purposes of Government procurement, a firm must perform at least 40 percent of the volume dredged with its own equipment or equipment owned by another small dredging concern. The supplies or services being procured in this solicita tion are classified under NAICS 237900. This solicitation will be issued on or about 28 December 2007 and bid opening will be on or about 28 January 2008. When the solicitation package is available, you may download it from the Army Single Face to Industry (ASFI) Acquisition Business Web Site at https://acquisition.army.mil/asfi/. Offerors must be registered with the Central Contractor Registration (CCR), including the NAICS code they are bidding under, in order to receive a Government contract award. To re gister, the CCR Internet address is: http://www.ccr.gov. For additional information regarding this solicitation please contact Carl Clayton at (901) 544-3119 or email at [email protected]. Contracting Office Address: US Army Corps of Engineers, Memphis District, 167 North Main Street, Rm B202, Memphis, TN 38103-1894 Place of Performance: US Army Corps of Engineers, Memphis District 167 North Main Street, Rm B202, Memphis TN 381031894 Point of Contact(s): Carlos Clayton, 901-544-3119 US Army Corps of Engineers, Memphis District

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SOLICITATION, OFFER, AND AWARD
(Construction, Alteration, or Repair)

1. SOLICITATION NO. W912EQ-08-B-0001

2. TYPE OF SOLICITATION X SEALED BID (IFB) NEGOTIATED (RFP)

3. DATE ISSUED 17-Jan-2008

PAGE OF PAGES 1 OF 179

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
W38XGR73303790

6. PROJECT NO.

7. ISSUED BY

CODE W912EQ

8. ADDRESS OFFER TO (If Other Than Item 7) CODE

US ARMY ENGINEER DISTRICT, MEMPHIS 167 N MAIN STREET B202 MEMPHIS TN 38103-1894

See Item

TEL: 9. FOR INFORMATION CALL:

FAX: A. NAME CARLOS E CLAYTON

TEL:

FAX: B. TELEPHONE NO. (Include area code) 901-544-3119 (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 no., date):

Dredging of the Mississippi River, Harbors and new construction of Northwest Tenn. Harbor. The dredge will be used to maintain various harbors at any points on the Mississippi River between Cape Girardeau, MO(Mile 48 UMR), and Greenville, MS (Mile 537AHP), which includes Hickman, KY; New Madrid, MO; Caruthersville, MO; Osceola, AR; Memphis, TN; and Helena, AR. The dredge will also be used for new construction dredging of the NorthWest TN Harbor LMR. Mile 899.0. The dredge shall not be less than 27-inch I.D. discharge and have a manufacturer's horsepower rating for continuous operation of not less than 3,900 brake horsepower. Dredges larger than 30-inch will be considered,but the estimated output will be based on the quanity shown for a 29 inch dredge. The Dredge shall be able to maintain a minimum production rate of 1145 cubic yards per hour at all times during the performance of this contract. The estimated cost range of the work is between $5 and $10 million. This will be an unrestricted procurement with HubZone Price Evaluation Preference(See Section 0700, FAR Clause 52.219-4). Any award issued from this solicitation is pursuant to the small Business Competitiveness Program.

21 275 11. The Contractor shall begin performance within _______ calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. 52.211-10 (See _________________________ .) 12B. CALENDAR DAYS 5

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.) X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS: 02:00 PM 0 A. Sealed offers in original and __________ copies to perform the work required are due at the place specified in Item 8 by ___________ (hour) 20 Feb 2008 local time ______________ (date). If this is a sealed bid solicitation, offers must 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 X 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. 60 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
1442-101

STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA FAR (48 CFR) 53.236-1(e)

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SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair) OFFE (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code) 16. REMITTANCE ADDRESS (Include only if different than Item 14)

See 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 to or greater than the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO. DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 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) CODE

26. ADMINISTERED BY

CODE

27. PAYMENT WILL BE MADE BY:

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT (Contractor is required to sign this
document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions 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 or 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)

TEL:

EMAIL:

31B. UNITED STATES OF AMERICA BY NSN 7540-01-155-3212

31C. AWARD DATE

STANDARD FORM 1442 BACK

(REV. 4-85)

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Section 00010 - SOLICITATION CONTRACT FORM LOT 1 27-INCH DREDGE BID ITEMS 0001 THRU 0005 ITEM NO 0001 SUPPLIES/SERVICES New construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Rental of one fully operated hydralic dredge with 27-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline QUANTITY UNIT UNIT PRICE AMOUNT

0001AA

First 1,384.5 hours

1,384.50

Hours

___________________

____________________

0001AB

All over 1384.5 hours

692

Hours

________________

____________________

0002

All other Dredging Rental of one fully operated hydraulic dredge with 27-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline First 1384.5 hours 1,384.50 Hours ________________ ____________________

0002AA

0002AB

All over 1384.5 hours

692

Hours

________________

____________________

0003

Upstream Towing of Dredge and attendant plant.

0003AA

First 200 miles

200

Miles

________________

____________________

0003AB

All over 200 miles

200

Miles

________________

____________________

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0004

Downstream Towing of dredge and plant

ITEM NO 0004AA 0004AB

SUPPLIES/SERVICES First 200 miles All over 200 miles

QUANTITY 200 200

UNIT Miles Miles

UNIT PRICE ________________ ________________

AMOUNT ____________________ ____________________

0005

Mobilization and demobilization

1

Lump Sum ____________________

LOT 1 27-INCH DREDGE TOTAL BID ITEMS 0001 THRU 0005

____________________

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LOT 2 29-INCH DREDGE BID ITEMS 0006 THRU 0010 ITEM NO 0006 SUPPLIES/SERVICES New Construction dredging of the Northwest Tenn. Harbor at mile LMR 899.0. Rental of one fully operated hydraulic dredge with 29-inch ID pump discharge, booster pump if needed and attendant dredge plant including pipeline QUANTITY UNIT UNIT PRICE AMOUNT

0006AA

First 1,200 hours

1,200

Hours

________________

____________________

0006AB

All over 1,200 hours

600

Hours

________________

____________________

ITEM NO 0007

SUPPLIES/SERVICES All other Dredging Rental of one fully operated hydraulic dredge with 29-inch ID pump discharge and attendant dredge plant including pipeline.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0007AA

First 1,200 hours

1,200

Hours

________________

____________________

0007AB

All over 1,200 hours

600

Hours

________________

____________________

0008

Upstream Towing of dredge and attendant plant

0008AA

First 200 Miles

200

Miles

________________

____________________

0008AB

All over 200 miles

200

Miles

________________

____________________

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0009

Downstream Towing of dredge and attendant plant First 200 miles 200 Miles ________________ ____________________

0009AA

0009AB

All over 200 miles

200

Miles

________________

____________________

0010

Mobilization and Demobilization

1

Lump Sum

____________________

LOT 2 29-INCH DREDGE TOTAL BID ITEMS 0006 THRU 0010

____________________

NOTE: Bidders shall furnish unit prices for all items listed on the schedule of bid items

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which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE. Award will be made as a whole to one bidder. All quantities are estimated except where unit is given as "job" or "each." If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

Technical POC: Wade Channell 901-544-3764 or email at [email protected]

Administrative POC: Carl Clayton 901-544-3119 or email at [email protected]

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn.

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Harbor. (To be attached to Bid Form) U.S. Army Corps of Engineers, Memphis District 167 North Main Street, B202 Memphis TN 38103-1894 In compliance with the above Invitation for Bids, the undersigned hereby proposes to furnish, deliver, and operate the following plant in strict accordance with the attached specifications: One Cutterhead Hydraulic Pipeline Dredge and Attendant Plant with the following characteristics: DREDGE NAME or NUMBER:________________________________________ a. Hull length b. Draft c. Length of dredge spuds d. Maximum and Minimum dredging depth e. Maximum effective dredge swing f. Ladder length g. Cutter motor, brake horsepower DISCHARGE SIZE: a. Discharge line, inside diameter b. Pump discharge, inside diameter (inches) (inches) (hp) (feet) (feet) (feet) (feet) (feet) (feet) (feet)

MAIN ENGINE: Continuous brake horsepower applied to pump impeller

BOOSTER PUMP IF NEEDED: Continuous brake horsepower applied to pump impeller ____________(hp) ATTENDANT PLANT: Derrick Barge - Type Dimensions - length, width, draft Boom length Crane Barge - Type Dimensions - length, width, draft Boom length Spill Barge Dimensions - length, width, draft

(feet) (feet)

(feet) (feet) (feet)

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Fuel Barge Dimensions - length, width, draft

(feet)

BULLDOZERS(2) Make Model

DOZER NO.1

DOZER NO.2

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor.

EXCAVATOR(1) Make

EXCAV NO.1

Model ____________ TENDERS (3) Tender No.1 Name Year Built HULL: Length (feet) Molded Beam (feet) Draft (feet)

PROPELLING ENGINES: Make Model Serial No Brake HP

PORT

STBD

Tender No.2 Name Year Built HULL: Length (feet)

PROPELLING ENGINES: Make Model

PORT

STBD

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Molded Beam (feet) Draft (feet)

Serial No Brake HP

Tender No.3 Name Year Built HULL: Length (feet) Molded Beam (feet) Draft (feet)

PROPELLING ENGINES: Make Model Serial No Brake HP

PORT

STBD

SURVEY/CREW BOAT (1) Model Dimensions - length, width, draft OUTBOARD MOTORS (3) Model Horsepower Motor 1

(feet) Motor 2 Motor 3

Bid Data Sheet for Lease of One Cutterhead, Hydraulic, Pipeline Dredge, Fully Operated, with Attendant Plant - Mississippi River, Harbors and new construction of Northwest Tenn. Harbor.

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The plant was last operated at (month/year).

(location), in

The plant may be inspected at (location).

The plant offered is owned by .

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Section 00100 - INSTRUCTIONS TO BIDDERS

SECTION 00100 CONDITIONS AND NOTICES TO BIDDERS A. BIDDING MATERIAL - Specifications, drawings and solicitation forms can be obtained at no cost from the Memphis District Corps of Engineers Contracting Home Page http://www.mvm.usace.army.mil/contracting/ebs/AdvertisedSolicitations.asp or from the Corps of Engineers, Memphis District, Contracting Division, 167 North Main Street Room 681, Memphis, TN 38103-1894 (901)544-3353. When the solicitation package is available, you may download it from the Army Single Face to Industry (ASFI) Acquisition Business Web Site at the following link: https://acquisition.army.mil/asfi/. Questions concerning bid documents should be submitted in writing to Carlos Clayton at [email protected] BID DOCUMENTS: The following documents must be submitted with a bid: 1. SF 1442, Solicitation, Offer and Award 2. Schedule of bids/prices 3. Representations and Certifications (Section 00600) 4. All amendments must be acknowledged 5. Bid Bond (Standard Form 24), if over $100,000 B. SITE VISITS ­ Bidders should inspect the job site prior to submitting a bid. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal holidays. The point of contact to schedule a site visit for this Invitation for Bids is: Stephen W. Channell (Wade), at 901-544-3764 or email [email protected] See Section 00100, clause 52.236-27, entitled "Site Visit (Construction)". C. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled "Site Investigation and Conditions Affecting the Work". D. PUBLIC OPENING OF BIDS - Bids will be publicly opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested, who may be present. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: http://www.mvm.usace.army.mil/contracting/ebs/AdvertisedSolicitations.asp under Bid Results.

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E. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14. F. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, "Amendments to Invitations for Bids". G. NOTICE TO BIDDERS - SIXTY DAY OFFER GUARANTEE (See SF 1442 Block 13d) H. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION (1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.2527. (2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000. (3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 52.252-9000. (4) Engineer Federal Acquisition Regulation Supplement (EFARS), provisions/clauses are numbered as follows: 52.252-5000. I. REQUIRED CENTRAL CONTRACTOR REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the CCR database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.ccr.gov See Section 00700, clause 252.204-7004 Alt A, "Required Central Contractor Registration Alternate A". J. BIDDER'S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan. All documents relevant to establish a bidder's responsibility shall be made available as soon as practicable after bid opening; but, not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer.

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K. NOTICE OF BONDS - The following bid/contract information is applicable only if the bid/contract is over one hundred thousand dollars ($100,000): (1) BID BONDS: This is applicable only if proposal is over one hundred thousand dollars ($100,000). Each bidder shall submit with his bid a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00700, clause 52.228-1, entitled "Bid Guarantee". (2) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within five (5) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled "Performance and Payment Bonds ­ Construction". (3) PAYMENT BONDS: Within five (5) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00700, clause 52.228-15, entitled "Performance and Payment Bonds ­ Construction". L. POST AWARD SUBMITTAL REQUIREMENTS - Within five (5) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. The contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan in accordance with the specifications. (See Sections 00800, 01355A, and 01451A) M. ONLINE REPRESENTATIONS AND CERTIFICATIONS ­ As of January 1, 2005, all contractors who submit an offer/bid are required to register in the online representations and certifications application (ORCA). See FAR clauses 52.204-7 and 52.204-8 for requirement information. The website for requirement information is http://ORCA.bpn.gov. The online representations and certifications replaces the representations and certifications normally found in Section 00600.

INDEX TO INSTRUCTIONS TO BIDDERS

52.214-3

Amendments To Invitations For Bids

DEC 1989

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52.214-4 52.214-5 52.214-6 52.214-7 52.214-18 52.214-19 52.214-34 52.214-35 52.214-5000 52.216-1 52.222-23 52.225-10 52.233-2 52.236-27 252.236-7008

False Statements In Bids Submission Of Bids Explanation To Prospective Bidders Late Submissions, Modifications, and Withdrawals of Bids Preparation of Bids-Construction Contract Award-Sealed Bidding-Construction Submission Of Offers In The English Language Submission Of Offers In U.S. Currency Apparent Clerical Mistakes Type Of Contract Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction Notice of Buy American Act Requirement--Construction Materials Service Of Protest Site Visit (Construction) Contract Prices-Bidding Schedules

APR 1984 MAR 1997 APR 1984 NOV 1999 APR 1984 AUG 1996 APR 1991 APR 1991 MAR 1995 APR 1984 FEB 1999 MAY 2002 SEP 2006 FEB 1995 DEC 1991

EFARS

CLAUSES INCORPORATED BY FULL TEXT

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. (End of provision)

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. (End of provision)

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.

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(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. (End of provision)

52.214-6

EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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. (End of provision)

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

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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. (End of provision)

52.214-18

PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(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. (End of provision)

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

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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. (End of provision)

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. (End of provision)

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS (a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected. (b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. (End of statement)

52.216-1

TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Indefinite-Delivery/Indefinite-Quantity contract resulting from this solicitation. (End of provision)

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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 Non-SMSA Counties 16.4% Goals for female participation for each trade 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -(1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Economic Area 111, Little Rock-North Little Rock, AR, as follows: Non-SMSA Counties..................................................................16.4 AR Arkansas; AR Ashley; AR Bradley; AR Calhoun; AR Chicot; AR Clark, AR Cleburne, AR Cleveland; AR Conway; AR Dallas; AR Desha, AR Drew;

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AR Faulkner; AR Fulton; AR Garland; AR Grant, AR Hot Springs; AR Independence, AR Izard; AR Jackson; AR Johnson; AR Lincoln; AR Lonoke; AR Monroe; AR Montgomery; AR Ouachita; AR Perry; AR Pope, AR Prairie; AR Sharp; AR Stone; AR Union; AR Van Buren; AR White, AR Woodruff; AR Yell. Economic Area 056, Paducah, KY Goals for minority participation for each trade Non-SMSA Counties 5.2 : : : : Goals for female participation for each trade 6.9

Economic Area 056, Paducah, KY, as follows: Non-SMSA Counties..................................................................5.2 IL Hardin; IL Massac; IL Pope; KY Ballard; KY Caldwell; KY Calloway; KY Carlisle; KY Crittenden; KY Fulton; KY Graves; KY Hickman; KY Livingston; KY Lyon; KY McCracken; KY Marshall Economic Area 107, St. Louis, MO Goals for minority participation for each trade Non-SMSA Counties 11.4 : : : : Goals for female participation for each trade 6.9

Economic Area 107, St. Louis, MO, as follows: Non-SMSA Counties...........................................................................11.4 IL Alexander, IL Bond; IL Calhoun, IL Clay, IL Effingham, IL Fayette; IL Franklin; IL Greene, IL Jackson; IL Jasper; IL Jefferson, IL Jersey; IL Johnson; IL Macoupin; IL Marion; IL Montgomery; IL Perry, IL Pulaski; IL Randolph; IL Richland; IL Union; IL Washington; IL Wayne; IL Williamson; MO Bollinger; MO Butler; MO Cape Girardeau; MO Carter; MO Crawford; MO Dent; MO Gasconade; MO Iron; MO Lincoln; MO Madison; MO Maries; MO Mississippi; MO Montgomery; MO Perry; MO Phelps; MO Reynolds; MO Ripley; MO St. Francis; MO Ste. Genevieve; MO Scott; MO Stoddard; MO Warren; MO Washington; MO Wayne Economic Area 055, Memphis, TN Goals for minority participation for each trade SMSA Counties 32.3 Non-SMSA Counties 26.5 : : : : Goals for female participation for each trade 6.9

Economic Area 055, Memphis, TN, as follows: SMSA Counties:

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4920 Memphis, TN-AR-MS------------------------------------------------32.3 AR Crittenden; MS DeSoto, TN Shelby, TN Tipton Non-SMSA Counties.........................................................................26.5 AR Clay; AR Craighead; AR Cross, AR Greene; AR Lawrence; AR Lee, AR Mississippi; AR Phillips, AR Poinsett; AR Randolph; AR St. Francis; MS Alcorn; MS Benton; MS Bolivar; MS Clahoun; MS Carroll; MS Chickasaw; MS Clay; MS Coahoma; MS Grenada; MS Itawamba; MS Lafayette; MS Lee; MS Leflore; MS Marshall; MS Monroe; MS Montgomery; MS Panola; MS Pontotoc; MS Prentiss; MS Quitman; MS Sunflower; MS Tallahatchie; MS Tate; MS Tippah; MS Tishomingo; MS Union; MS Washington; MS Webster; MS Yalobusha; MO Dunklin; MO New Madrid; MO Pemiscot, TN Benton; TN Carroll, TN Chester; TN Crockett; TN Decator; TN Dyer; TN Fayette, TN Gibson; TN Hardeman TN Hardin; TN Haywood; TN Henderson; TN Henry; TN Lake; TN Lauderdale; TN McNairy; TN Madison; TN Obion; TN Weakley.

(End of provision)

52.225-10 2002)

NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY

(a) Definitions. 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.

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(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. (End of provision)

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 Chief, Contracting Division ATTN: CEMVM-CT-Rm. 681 US Army, Engineer District, Memphis 167 North Main Street, B202 Memphis, Tennessee 38103-1894

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

52.236-27

SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Site visits may be arranged during normal duty hours by contacting: Name: Stephen W. Channell (Wade) Address: 2915 Riverport Rd, Memphis, TN 38125-5026 Telephone: 901-544-3764

(End of provision)

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252.236-7008

CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for -(1) Furnishing all plant, labor, equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. (b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

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Section 00600 - REPRESENTATIONS AND CERTIFICATIONS

INDEX TO REPRESENTATIONS AND CERTIFICATIONS

52.0-4031 52.204-3 52.204-8 252.209-7001 252.209-7002 252.247-7022

Corporate Certification Taxpayer Identification Annual Representations and Certifications Disclosure of Ownership or Control by the Government of a Terrorist Country Disclosure Of Ownership Or Control By A Foreign Government Representation Of Extent Of Transportation Of Supplies By Sea

OCT 1998 JAN 2006 OCT 2006 JUN 2005 AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

52.0-4031

CORPORATE CERTIFICATION IF A BIDDER IS A CORPORATION OR IF CORPORATION IS PARTICIPATING IN A JOINT VENTURE, PLEASE COMPLETE THE FOLLOWING CERTIFICATION: I, ________________________________, certify that I am secretary of the corporation named as Contractor herein; that _____________________________ who signed this contract on behalf of the Contractor; was then ___________________________________ of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(CORPORATE SEAL)

___________________________________ (Secretary)

IF A CORPORATION IS PARTICIPATING AS A JOINT VENTURE, ITS SECRETARY MUST SUBMIT A CERTIFICATE STATING THE CORPORATION IS AUTHORIZED TO PARTICIPATE.

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CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). ___ TIN:.-------------------------------------------------------___ TIN has been applied for. ___ TIN is not required because: ___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; ___ Offeror is an agency or instrumentality of a foreign government; ___ Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. ___ Sole proprietorship; ___ Partnership; ___ Corporate entity (not tax-exempt); ___ Corporate entity (tax-exempt);

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___ Government entity (Federal, State, or local); ___ Foreign government; ___ International organization per 26 CFR 1.6049-4; ___ Other-------------------------------------------------------(f) Common parent. ___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. ___ Name and TIN of common parent: Name------------------------------------------------------------------TIN-------------------------------------------------------------------(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.204-8

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990. (2) The small business size standard is $18.5 Million (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: (__) Paragraph (c) applies. (__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

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4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. -----------------------------------------------------------------------FAR Clause Title Date Change ----------------------------------------------------------------------------------------------------------------------------------------------------------------------Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (OCT 2006) (a) "Definitions." As used in this provision -(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, North Korea, Sudan, and Syria. (3) "Significant interest" means -(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary,

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the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -(1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision)

CLAUSES INCORPORATED BY FULL TEXT

252.209-7002 2005)

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN

(a) Definitions. As used in this provision-(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations). (2) "Entity controlled by a foreign government"-- (i) Means-- (A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or (B) Any individual acting on behalf of a foreign government. (ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. (3) "Foreign government" includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof. (4) "Proscribed information" means-- (i) Top Secret information; (ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs);

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(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended; (iv) Special Access Program (SAP) information; or (v) Sensitive Compartmented Information (SCI). (b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a). (c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format: Offeror's Point of Contact for Questions about Disclosure (Name and Phone Number with Country Code, City Code and Area Code, as applicable) Name and Address of Offeror Name and Address of Entity Controlled by a Foreign Government Description of Interest, Ownership Percentage, and Identification of Foreign Government

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

252.247-7022

REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it: ____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision)

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Section 00700 - CONTRACT CLAUSES

INDEX TO CONTRACT CLAUSES

52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52.203-10 5