Amendment_No__0008_and_No__0009_to_140R2021R0004_0009.pdf
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- Solicitation number
- 140R2021R0004
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This document is an amendment to a solicitation for the BF Sisk Safety of Dams (SOD) Modifications, Phase I project. The project scope includes construction of shear keys, stability berms, and spillway modification to address issues with select foundation materials at the dam and help prevent destabilization, reduce safety concerns, and maintain water supplies.
The amendment provides responses to offeror questions, updates sections of the solicitation instructions and evaluation criteria, and includes an environmental controls specification. It requires carbon offsets to reduce greenhouse gas emissions below thresholds. Offerors must meet emission standards for on-road vehicles and tier requirements for off-road diesel equipment. Noise and light controls are also specified. The Bureau of Reclamation will evaluate proposals based on technical approach, past performance, and price, with non-price factors significantly more important than price.
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B.F. Sisk Dam SOD Modifications, Phase I - Offeror’s Questions and Answers Amendment 0008
Question 1: During conversations with the CARB help desk additional questions regarding the purchase of carbon offsets have come up. Representatives at CARB in an email have stated the following "the offset credits which CARB issues as part of the cap-and-trade program, are prohibited from being used to meet a CEQA compliance obligation." When the updated 1.04.G specification was shared with CARB representatives they responded "To the extent this is a requirement, it would run afoul of section 95984(b) of CARBS's cap-and-trade regulation.
Pursuant to that section, an ARB offset credit may only be used (1) to meet a compliance obligation under this article (or in a linked program) or (2) by a Voluntarily Associated Entity for purposes of voluntary retirement.". Can BOR provide any additional details regarding the process as to how carb offsets are to be obtained for the project? Given the confusion over purchasing of carbon offsets will BOR make this an Allowance Item in order to ensure fairness for all potential contractors?
Response 1: Refer to updated Section 01 57 20 - Environmental Controls from Amendment 0008.
Question 2: Reference Specifications, Section WBR 1452.215-81 - Proposal Instructions Part (g) Volume III – Price Proposal – (6). This section reads that "No cost information shall be included in any of the other volumes". Per Addendum No. 0007 – Standard Form 1142, page 2 of 3 – contractors are to include “Amounts" in Box 17. Standard Form 1442, appears to only be included in Volume I. Please advise if Box 17 "Amounts" should be left blank and pricing to be included only in Volume III Price proposal.
Response 2: Include the total proposal price on Standard Form 1442 Box 17.
Question 3: Reference Specifications, Section WBR 1452.215-81 - Proposal Instructions Part (d) - Format – (4) last bullet. This bullet states that the Cover Page should include "A statement that the proposal is valid for a period of 180 days from the date of the proposal submission". Standard Form 1442 - Box 13d indicates that the proposal must be valid for 120 days after the date offers are due.
Please clarify which period is correct.
Response 3: 120 Days. Refer to Section L Amendment 0008.
Solicitation No. 140R2021R0004 – BF SISK Safety of Dams (SOD) Modifications
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED FEB 1998
BY REFERENCE
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/ (FAR 52.XXX-XX formatted clauses)
Provision Title Date FAR 52.204-7 System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.211-6 Brand Name or Equal AUG 1999 FAR 52.214-34 Submission of Offers in the English Language APR 1991 FAR 52.214-35 Submission of Offers In U.S. Currency APR 1991 FAR 52.215-1 Instructions to Offerors—Competitive Acquisition JAN 2017 FAR 52.215-20 Requirements for Certified Cost or Pricing Data and
Data Other Than Certified Cost or Pricing Data
OCT 2010
FAR 52.215-1 Instructions to Offerors - Competitive Acquisition - Addendum
Inquiries. All inquiries pertaining to this solicitation (except where noted for the onsite site visit) shall be submitted in writing to both Contracting Officer, Erik Danger at edanger@usbr.gov and Contract Specialist, Roxana Ahola at rahola@usbr.gov no later than 12:00 PM Pacific Standard Time, October 12, 2021. Responses pertinent to all prospective offerors will be included in an amendment to the solicitation.
FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED AUG 1998
IN THE GSA INDEX OF FEDERAL
SPECIFICATIONS, STANDARDS AND COMMERCIAL
ITEM DESCRIPTIONS, FPMR PART 101-29
(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.
FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS APR 2014
ITEM, AND DATA DESCRIPTIONS LISTED IN THE
ACQUISITION STREAMLINING AND
STANDARDIZATION INFORMATION SYSTEM (ASSIST)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (http://assist.dla.mil/online/start/;
(2) Quick Search (http://quicksearch.dla.mil/ )
(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.dla.mil/wizard/index.cfm );
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2197, Mon-Fri, 0730 to 1600 EST; or Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
FAR 52.216-1 TYPE OF CONTRACT APR 1984
The Government contemplates award of a firm-fixed price construction contract resulting from this solicitation.
FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS- MAY 2014
SECONDARY SITE OF THE WORK
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.
FAR 52.222-23 NOTICE OF REQUIREMENTS FOR FEB 1999
AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY
FOR CONSTRUCTION
(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
Merced County 19.8 6.9 %
These goals are applicable to all of 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 $100,000 at any tie 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 Merced, California.
End of Provision
FAR 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.
FAR 52.236-27 SITE VISIT (CONSTRUCTION) – ALT I 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 are urged and expected to inspect the site where the work will be performed.
b) A virtual pre-site visit conference has been scheduled for:
Date: Wednesday, September 29, 2021 Time: 1:00 PM PST Location: Online – Microsoft Live Event
The virtual pre-site visit conference requires registration in order to attend. Send registration requests to Contract Specialist, Roxana Ahola at rahola@usbr.gov and Reynaldo “Henry” Garcia at Rgarcia@usbr.gov. Registration requests shall include names, email addresses and phone numbers for each registrant that will attend from each company/entity. Emailed invitations to the Microsoft Live Event link will be provided to registrants prior to the virtual pre-site visit conference.
c) An organized pre-proposal site visit has been scheduled for:
Date: Thursday, September 30, 2021 Time: 10:00 AM PST Location: Gustine, CA 95322 (Details to be provided when registering)
Contractors, vendors, and visitors shall register to attend the onsite pre-proposal site visit by contacting Reynaldo “Henry” Garcia at Rgarcia@usbr.gov and Contract Specialist, Roxana Ahola, at rahola@usbr.gov.
Safety Attire/PPE’s: Hard toed boots, long sleeve shirts and pants, hand sanitizer, personal drinking water/snacks, sunscreen and sunglasses recommended. Vehicles shall be suitable for gravel/dirt road with adequate ground clearance. COVID-19 considerations: Comply with CDC instructions and maintain safe distances, using masks/shields when social distancing is difficult to maintain.
(c) Offerors are cautioned that, notwithstanding any remarks, clarifications, or responses provided at the conferences, all terms and conditions of the solicitation remain unchanged unless they are changed by written amendment. It is the responsibility of each offeror to seek clarification of any perceived ambiguity of documents within the solicitation prior to submitting a proposal.
(d) Offerors are expected to satisfy themselves regarding all conditions that may affect the work required or the cost of Contract performance. In no event shall failure to inspect the site constitute grounds for any protest or Contract claim.
FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS NOV 2020
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provisions with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Department of the Interior or Bureau of Reclamation Agency provisions with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL APR 1984
INFORMATION—DEPARTMENT OF
THE INTERIOR
Use and Disclosure of Proposal Information—Department of the Interior (APR 1984)
(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.
552), the following terms shall have the meaning set forth below:
(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.
(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”
(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:
“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”
(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:
“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.
However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
DIAR 1452.233-2 SERVICE OF PROTEST DEPARTMENT JUL 1996
OF THE INTERIOR (DEVIATION)
(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
Erik Danger, Contracting Officer U.S. Bureau of Reclamation
2800 Cottage Way, Room E-1815 Sacramento, California 95825-1898
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Procurement and Patents, 1849 C Street, NW, Room 6511, Washington, D.C. 20240
WBR 1452.215-80 SOURCE SELECTION EVALUATION PROCEDURES (MAR 2021)
- BUREAU OF RECLAMATION
The Government intends to evaluate proposals submitted under this solicitation and select a source for contract award without discussions (unless the contracting officer later determines discussions to be necessary) in accordance with the following provision: FAR 52.215-1 Instructions to Offerors -- Competitive Acquisition (Jan 2017). Source selection shall be in accordance with procedures contained in FAR Part 15, Department of the Interior Acquisition Regulation (DIAR) Part 1415 (48 CFR 1415) and Bureau of Reclamation Acquisition Regulation WBR Part 1415. These procedures are summarized as follows:
(a) Technical evaluation. A Technical Proposal Evaluation Committee has been established to objectively evaluate technical proposals in accordance with the Evaluation Factors for Award -
- Bureau of Reclamation provision of this solicitation. Technical proposals shall be submitted in accordance with the Proposal Instructions -- Bureau of Reclamation provision of this solicitation.
(b) Past performance evaluation. In addition to any other past performance information required under the solicitation, the contracting officer shall use past performance information available from the Contractor Performance Assessment Reporting System (CPARS) in the source selection process on offerors competing for awards in excess of the simplified acquisition threshold, unless the contracting officer has documented an exception from past performance consideration in accordance with FAR 15.304(c)(2)(iv).
(c) Cost or price evaluation. An objective cost or price evaluation of contract pricing proposals will be made in accordance with the Evaluation Factors for Award provision of this solicitation.
Pricing proposals shall be submitted in accordance with the Proposal Instructions -- Bureau of Reclamation provision of this solicitation. A cost or price analysis will be performed to determine price reasonableness and any instances of unbalanced pricing, using one or more of the techniques at FAR 15.404-1.
(End of provision)
WBR 1452.215-81 PROPOSAL INSTRUCTIONS (MAR 2021)
-- BUREAU OF RECLAMATION
In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation (see FAR 52.215-1), each offeror shall submit a proposal in accordance with the instructions contained in this provision.
In order to submit a proposal for this requirement, offerors are required to send an email to rahola@usbr.gov and cc edanger@usbr.gov to request access to Kiteworks (Attachment 10 – Electronic Proposal Submission) prior to the proposal due date.
(a) Use and Disclosure of Proposal Information. In accordance with the Use and Disclosure of Proposal Information -- Department of the Interior provision of this solicitation (see DIAR 1452.215-71), offerors shall mark trade-secret or confidential commercial or financial information contained in the proposal with the restrictive legends specified. The offeror shall also clearly and separately mark all proprietary information (as defined in FAR 3.104-3) contained in the proposal with the restrictive legend "Proprietary Information."
(b) Proposal Volumes. Offerors shall submit separate Volumes with the required number of copies as follows:
Volume Title
I Business Proposal (Representations, Certifications and Offer)
II Technical Proposal/Past Performance
III Pricing Proposal
(1) Separation of volumes. Each volume shall be sent in a separate email (via Kiteworks , see Attachment J10) with the subject line having the following format:
BF SISK SOD MOD, Company Name, Volume I BF SISK SOD MOD, Company Name, Volume II BF SISK SOD MOD, Company Name, Volume III
(c) General Contents. Each separate proposal Volume shall:
All pages of each volume shall be appropriately numbered and identified with the name of the offeror, the date of the offer, and the solicitation number. Where page limitations are specified for offers in response to this solicitation, one page is equivalent to one side of a double-sided printed piece of 8.5” by 11” paper. Font sizes must be no smaller than Times New Roman, size 10 type. Any material submitted, including appendices and attachments, that exceeds the page limitations specified will not be considered during the evaluation process.
The Offeror shall submit one (1) electronic copy via Kiteworks of each volume to rahola@usbr.gov and edanger@usbr.gov. Instructions on how to submit electronic proposal are included in Section J attachment 10. All electronic files and versions of offerors proposal shall be compatible with Adobe Acrobat 9.0 and Microsoft Office Suite version 2010. In addition, the electronic file shall be labeled with the company’s name, RFP number, submission date, and the words “Source Selection Sensitive.”
(d) Format. Each volume shall contain the following items in addition to the other information required by this solicitation:
(1) Provide a Table of Contents which lists all sections specific to the proposal Volume;
(2) Cross-reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M;
(3) Provide a list of any enclosures, including tables, drawings, charts, or other enclosures which summarize data or information;
(4) Provide a Cover page. The cover should indicate the following:
• Title of the proposal
• Volume Number (I, II or III)
• Proposal category (Business, Technical, Price Proposal)
• Request for Proposal (RFP) Number
• Name and address of offeror, Cage Code, DUNS, Business Size and applicable
Tax I.D. Number (TIN)
• A statement that the proposal is valid for a period of 180 120 days from date of proposal submission.
(e) Volume I, Business Proposal Contents. Volume I, Business Proposal, consists of the actual offer to enter into a contract to perform the desired work. It also includes required representations, certifications, attachments requested in Section J of this solicitation, and acknowledgments of amendments, if applicable; identification of technical data to be withheld;
and any other required administrative information.
1. Format and Content. Volume I, Business Proposal, shall include the following:
(a) The Proposal Form (Standard Form 1442) and all amendments signed by the offeror’s authorized signature authority.
(b) Performance and Payment Bonds.
(c) RFP Section J: Key Personnel, completed by the Offeror
(d) RFP Section J: Experience and Management Control, completed by the Offeror.
(e) RFP Section J: Subcontracting Plan, completed by the Offeror.
(f) RFP Section K: "Representations, Certifications and Other Statement of Offerors" completed by the Offeror.
(g) RFP Section K “Information Regarding Responsibility Matters” completed by
Offeror.
(h) RFP Section K “Annual Representations and Certifications” Representations, Certifications, completed by the Offeror.
(i) Submission of Other Information via the System for Award Management (SAM) at https://www.sam.gov/
Amendment 0008 rahola Cross-Out rahola Cross-Out rahola Cross-Out rahola Cross-Out
(f) Volume II
(1) Technical Proposal Contents. The technical proposal should convincingly describe the capability of the offeror's organization to participate in this project and effectively demonstrate a thorough understanding of the work statement contained in Part I, Section C of this solicitation.
To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the technical proposal:
(a) Table of Contents. The Table of Contents shall list all sections of the technical proposal. Any future amendments, additions and/or revisions to the proposal shall be included in an updated Table of Contents;
(b) Index. The Index section shall cross reference the statement of work, specifications, or performance work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M;
(c) Enclosures. The Enclosures Section shall include a list of any tables, drawings, charts, and any other enclosures which summarize data or information;
(d) Executive Summary. The Executive Summary shall include a brief discussion of how the required work will be performed and important highlights of the proposal.
(e) There are two (2) technical (non-price) factors that will be evaluated in accordance with the criteria contained in Section M of this solicitation:
1. Technical Approach.
Factor 1A: Coordinated Construction Schedule
Factor 1B: Narrative of Construction Sequence
2. Past Performance.
Factor 2A: Past Performance Data Factor 2B: Past Performance Narrative
Evaluation Factor 1: Technical Approach Contents. The Technical Approach shall include a construction schedule and a corresponding written narrative of the planned construction sequence. Both shall be coordinated, support each other and reflect the requirements contained in the Specifications (Section C), Limitation of Funds Clause (if applicable) and Sections F and H.
1a) Factor 1A: Coordinated Construction Schedule: The construction schedule shall include:
a) Contents:
1. A gantt chart schedule.
2. Schedule Organization Statement.
3. Description of the work-breakdown-structure categories used to organize the schedule.
4. Any other pertinent information that will facilitate a more efficient review and provide a better understanding of the schedule’s organization.
5. Early Completion Statement.
b) Content format:
1. A gantt chart schedule that includes such detail to show the sequencing of the principal and critical components of work contained in the solicitation; in addition, any other activities or information needed to accurately portray the offeror’s proposed schedule shall be included. The schedule shall include critical submittals allowing for submittal preparation time and associated Government reviews/approvals. The contractor shall assume a Notice to Proceed date of February 7 March 28, 2022 for development of the schedule. In addition, the contractor shall clearly indicate their assumptions in development of the schedule in relation to the specification requirements related to as a minimum reservoir operation, work restrictions, and shear key excavations.
Format: The gantt chart schedule shall be formatted so that it can be printable on 11x17 sized paper (one sided) and have columns that display the following information in the following order: activity ID and name, planned duration, calendar ID, early start, late start, early finish, late finish and total float. The schedule shall meet the requirements of specification section 01 32 10 – Part 1.06.A, Schedules. The schedule shall be in format compatible with Primavera Professional Project Management. Include electronic copies of the .xer schedule date file and the .plf schedule layout file in accordance with the Instructions to Offerors in the solicitation. The gantt chart schedule shall have no page count restrictions.
2. Schedule Organization Statement: To help facilitate a more efficient and consistent Government review, provide a brief statement that describes how the schedule was organized and summarizes the following information:
a) A listing of the site-specific calendar names and function of the calendars (i.e. 5 day with holiday, 7 day, etc.). List any assumptions used in developing the calendars. The listing of site-specific calendar names and function of calendars and assumptions used in developing calendars shall not exceed 2 pages as defined in part C of this provision.
3. Description of the work-breakdown-structure categories used to organize the Schedule format. The description of the work-breakdown-structure categories used toorganize the schedule shall not exceed 2 pages as defined in part C of this provision.
4. Additional pertinent information statement format. The format for any other pertinent information that will facilitate a more efficient review and provide a better understanding of the schedule’s organization. The information included to facilitate a more efficient review and better understanding of the schedule’s organization shall not exceed 2 pages as defined in part C of this provision.
5. Early Completion Statement format. If the proposal offers an early final completion date, the narrative shall clearly indicate the proposed early completion date and any assumptions associated with those dates. This statement shall not exceed 2 pages as defined in part C of this provision.
1b) Factor 1B: Narrative of Construction Sequence: The construction schedule shall relate to items in the Coordinated Construction Schedule and description. Provide the following information for each principle and critical work component listed below:
a) Contents:
1. Contractor(s) responsible for the component of work.
Amendment 0008
2. Equipment types including capacities, sizes, and assumed production rates.
3. Planned shifts, crew sizes, and assumed production rates.
a) Within the narrative, this listing of assumed production rates shall correlate with the schedule by referencing activity identifications (IDs) and activity description of key items of work.
Notes:
i. Design and supplier information and ultimate acceptance of the offer shall not relieve the offeror from complying with the requirements of the specifications.
4. Dam Excavation and Construction: Provide concept level details for:
a) Excavation of Existing Rock Blanket material;
b) Excavation of Existing Dam Embankments and Foundations;
c) Removal and Control of Water;
d) Placing Shear Key earthfill material;
e) Constructing Toe Drains;
f) Place earthfill consisting of Filter, Gravel Drain, and Miscellaneous Fill materials;
and
g) Placing Rock Blanket material.
5. Outlet Works: Provide concept level details for:
a) Removal and Control of Water;
b) Earthwork for Structures;
c) Removal and Disposal of Existing Concrete;
d) Removing Existing and Reinstalling New Electrical Raceway, Conduit, Power and Control Cables; and
e) Constructing Cast-in-Place Concrete Outlet Works Tunnel Extension and
Spillway Chute Modification.
6. Material Processing: Provide concept level details for production of quarry materials from the onsite quarry; design, installation, and maintenance of Haul Routes; and furnishing materials from offsite sources for materials not produced on site. This information shall include the following:
a) Excavation from Borrow Area(s);
b) Plans for processing earth materials, processing areas, and stockpile areas;
c) Plans to construct haul and access routes including furnishing and placing Gravel
Surfacing.
d) Furnish Shear Key earthfill material; and
e) Furnishing earthfill consisting of Filter, Gravel Drain, and Miscellaneous Fill materials.
7. Environmental Compliance: Provide concept level details for:
a) Wetland Protection
b) Pond Exclusion fencing
c) Storm Water Protection Site compliance
d) Sources of temporary Utilities (Power, Water & Communications)
e) Water Control during excavation
Factor 1B Narrative of Construction Sequence format: Narrative of Construction Sequence shall not exceed 50 pages as defined in part C of this provision.
(2) Past Performance Contents. It is considered important to the Government that the Offeror has substantial past performance with construction of work similar in nature to the requirements contained within this solicitation. The Past Performance factor shall include a listing of the requested Past Performance Data (Factor 2A) and a corresponding written narrative (Factor 2B) for each past performance data reference provided in Factor 2A.
2a) Factor 1A: Past Performance Data. The Past Performance Data shall include:
a) Contents:
1. The Offeror shall furnish a list of no more than three (3) Federal, State, local government or commercial projects similar in scope, complexity, and magnitude to the work required under this solicitation, that are current or have been completed during the last ten (10) twenty (20) years. List only those contracts that are comparable in size, scope, and complexity to this solicitation. If the total number of such contracts exceeds three (3) the Offeror shall address the three most recent contracts that are closest to this solicitation in scope, complexity, and magnitude. The government will not acknowledge or evaluate past performance data submissions that exceed the requested amount.
2. Contractors shall utilize the formatted form at Section J, Attachment J4 and provide the following for each project:
i) Contract Number, name of project, and location of project.
ii) Client or agency point of contacts (include two (2) points of contact with telephone numbers and email addresses).
iii) Original completion time and date, and actual dates and duration of each project.
a. Period of Performance start date at time of the award (calendar days is also acceptable.)
b. Period of Performance end date at time of the award (calendar days is also acceptable).
iv) Initial contract amount and final contract amount (including modifications).
a. Total Value of contract at time of the award.
b. Total Value of contract at contract completion.
v) Percentage of work subcontracted.
a. Percentage subcontracted to small business.
vi) Contract Type: (Firm fixed price, cost reimbursement, etc.)
vii) The Offeror shall provide each reference with a copy of the Past Performance
Questionnaire (PPQ) in Section J and have the reference return the PPQ to the Bureau of Reclamation in accordance with instructions at the end of the form.
viii) Confirm the PPQ in Section J (Attachment J3) has been sent to POCs provided at item ii in accordance with RFP instructions.
a. If PPQ was not sent, state a reason.
Note: Contractors shall assume that the Government has no prior knowledge of them and that it will base its evaluation on the information presented in the Past Performance Proposal; as such, Past Performance Proposals must be fully self-sufficient and provide all necessary information.
Amendment 0008
Be advised the government may contact references and may obtain information from sources not provided by the Offeror. The government may consider this information, as well as information obtained from any other sources, when evaluating offeror past performance. Offerors are further reminded that the source selection authority shall determine the relevance of similar past performance information.
2b) Factor 2B: Past Performance Narrative. Offerors shall provide a brief narrative for each Past Performance data reference provided under Factor 2A. This narrative shall include the following:
i) Describe each reference’s relevancy to the requirement in this solicitation
ii) Provide a brief summary of challenges encountered and actions taken to correct or mitigate each challenge.
Past Performance Narratives shall not exceed four (4) pages for each reference provided. Any pages in excess of 4 will be disregarded. One page is equivalent to one side of a double-sided printed piece of 8x5” by 11” paper. Font sizes must be no smaller than Times New Roman, size 10 type. Any material submitted, including appendices and attachments, that exceeds the page limitations specified will not be considered during the evaluation process.
(g) Volume III, Price Proposal contents. The government expects that this contract will be awarded based on adequate price competition. However, in order to determine that offered prices are fair and reasonable, the government reserves the right to request that the offeror provide further information in support of proposed prices, including cost and/or pricing data not initially requested in this solicitation pursuant to FAR 15.403-5(a)(1).
Price proposals must adhere to the pricing structure established in Section B of this solicitation.
To assist in the uniform evaluation of proposals, the following format shall be utilized in preparing the pricing proposal:
(1) Table of contents. The Table of Contents shall list all sections of the pricing proposal.
Any modifications or revisions to the proposal, up to the date of agreement on price, shall include an updated Table of Contents;
(2) Index. The index shall cross reference the work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M of this solicitation;
(3) Enclosures. A list shall be included of all enclosures, attachments, tables, drawings, charts, and any other material which summarize data or information contained or referenced in the pricing proposal;
(4) The price proposal should be consistent with the technical approach(es) proposed in the technical proposal, Volume II;
(5) Pricing proposal breakdown. The offeror shall submit Section B of the contract Schedule (Schedule of Supplies and Services, found in Part I of this solicitation), including any attached Price Schedules noted in Section B, with its proposed total prices/costs for each contract line item number (CLIN), including any options, and proposed unit price(s), if required. In addition, a total proposed price consisting of the sum of all contract line items
Amendment 0008
(excluding options) shall be submitted. Offerors are hereby notified that even though additional data to support proposed prices are not initially requested in this solicitation, the Contracting Officer reserves the right to request such data if they are later found necessary.
(6) No cost information shall be included in any of the other volumes;
(7) All price or cost amounts shall be expressed to the nearest whole dollar except for individual hourly labor rates (if required). All percentages shall be expressed to two decimal places. See Section B for additional information.
(8) Each offeror's price proposal must be based on the offeror's technical proposal, the Government's specifications, and other contractual requirements. If the prices to be used are based on a published price list or catalog, the offeror shall so state, and provide a copy of the document with its price proposal. If the prices are to be based on established market prices, not otherwise published, or are prices applicable only to the proposed contract, the offeror shall so state.
(9) Unnecessary elaboration or other presentations beyond that sufficient to present a complete and effective proposal are not desired and may be construed as an indication of the offeror’s lack of understanding of cost consciousness. Elaborate artwork and expensive visual or other presentation aids are neither necessary nor desired. Do not include generic materials and/or brochures.
(End of provision)
WBR 1452.236-85 INSTRUCTION FOR MOBILIZATION MAY2000
AND PREPARATORY WORK SCHEDULE
LINE ITEM -- BUREAU OF RECLAMATION
The Contracting Officer estimates that the Section B Mobilization and Preparatory Work schedule line items (CLIN 1) when combined should not exceed 6% percent of the total bid price. Your attention is directed to contract clause WBR 1452.232-81 Payment for Mobilization and Preparatory Work, which reflects how the Government will pay for this line item, including how payment will be made when the price bid for this schedule line item is higher than the k ew (End of provision)
SECTION M – EVALUATIONS FOR AWARD
WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION MAY 2005
GOVERNMENT PROCUREMENT AGREEMENT
EVALUATIONS -- BUREAU OF RECLAMATION
In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.
WBR 1452.215-82 EVALUATION FOR AWARD- MAR 2021
QUALITY PREDOMINANCE-BUREAU OF
RECLAMATION
(a) Award will be made to the responsible offeror submitting a proposal which conforms to the solicitation and is most advantageous to the Government considering the factors and any significant subfactors listed in this provision.
(b) In the evaluation of proposals, all evaluation factors (listed in this provision) other than cost or price, when combined, are considered to be significantly more important than cost or price.
The relative importance to be placed on the factors in relation to each other is contained in paragraph (e) of this provision. However, the degree of importance of cost or price may increase with the degree of non-cost or non-price equality between the proposals. If a proposal is determined by the contracting officer to be "technically unacceptable" as a result of evaluating all factors other than cost or price, the proposal may be rejected from further consideration. The contracting officer reserves the right to make award to other than the technically acceptable offeror with the lowest cost or price proposal if it is determined that the technical benefits of another offeror's proposal justify its higher cost or price. The contracting officer also reserves the right to make award to a lower-priced, lower-scored offeror if it is determined that the cost or price premium involved in awarding to a higher-rated, higher-priced offeror is not justified.
Since technical proposals are being solicited to obtain information to be used in the evaluation, the Government reserves the right to use information outside of the proposal to evaluate the capability of offerors and the value of offers.
(c) Pursuant to FAR 15.305(a)(1), a cost or price analysis will be performed to determine price= reasonableness and any instances of unbalanced pricing, using one or more of the techniques at=
FAR 15.404-1.
(d) The following factors and significant subfactors (if listed), will be considered in evaluating proposals and making the source selection:
Non-Price (technical Factors):
Factor 1: Technical Approach
Factor 1A: Coordinated Construction Schedule Factor 1B: Narrative of Construction Sequence
Factor 2: Past Performance
Factor 2B: Past Performance Narrative
This requirement has only one price factor:
Factor 3: Price.
Non-price (technical) Factors are significantly more important than Price.
Factor 1A is equal to 1B.
Factor 2A is equal to 2B.
Factor 1 (including subfactors) is significantly more important than Factor 2 (including subfactors)
(e) The relative importance of the factors listed in paragraph (d) of this provision is as follows:
Non-price Factors 1 and 2, when combined, are significantly more important than Price.
Evaluation Standards:
Factor 1A: Coordinated Construction Schedule
The offeror’s Technical plan for construction will be evaluated to determine the required elements have been provided or addressed; the work is completed within the performance period in accordance with the Specifications, Sections F and H; and demonstrated a thorough understanding of the work requirements.
Minimization of the construction period for final completion in accordance with Section F will be considered favorable to the Government.
The Government will evaluate the Construction Schedule (“schedule”) in conjunction with information provided in Factor 1B - Narrative of Construction (“narrative”).
Specifically, the evaluation will be based on:
1. Whether or not the overall schedule is reasonable and demonstrates the offeror’s thorough understanding of all aspects of the project.
2. Comprehensiveness and clarity of the schedule.
3. The extent the schedule provides confidence the offeror can execute the project within the timeframes proposed in the schedule with minimized risk to the Government.
a. The level of confidence will largely be based on how well the schedule is supported with detail provided in the narrative.
Examples of supporting information include, but is not limited to:
i. Explanations of schedule sequencing and schedule activity scope.
ii. Supporting technical information to substantiate schedule durations, such as production rates and resource information.
iii. Explanation of how work that will require multiple concurrent tasks will be orchestrated.
4. Compliance with the requirements contained in the specifications;
Section F (Commencement, Prosecution, and Completion of Work) and Section H (Special Contract Requirements and Section I Limitation of Funds).
5. Adherence to the format requirements stated in Section L and that the schedule is organized in a manner that is easy to understand and follow.
Schedules that are not compliant with the requirements contained within the specifications, lacking detail, lacking clarity or are not supported by technical information in the narrative will be perceived as a higher risk to the Government and evaluated accordingly.
Factor 1B: Narrative of Construction Sequence.
The Government’s evaluation will be based on:
1. Extent the offeror’s narrative provides the required information listed in Section L, Factor 1A.
2. Extent the offeror’s narrative demonstrates a thorough understanding of the project requirements in the solicitation and specifications.
3. Extent the offeror has demonstrated they have developed a reasonable, well supported, plan for execution of the work that would be interpreted as reducing risk to the government.
4. Extent the offeror’s narrative supports and provides realism to the schedule through clear explanation of work activities, listed production rates, and listed resources given the project specific site conditions, restrictions and requirements.
Narrative’s that do not correlate and/or support the realism of the Construction Schedule will be perceived as a higher risk to the Government and evaluated accordingly
The government will evaluate the Offeror’s past performance.
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