1of2 - W9128F21Q0004 for Oahe Draft Tube Bulkheads.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F21Q0004 01-Jun-2021

b. TELEPHONE NUMBER

402-995-2589

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Jul 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TIMOTHY B BOYTE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 968821 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE OAHE PRJT OFC TECH SPT SEC

KRIS CLEVELAND

USAED, OMAHACENWO-OD-OA-T

28563 POWERHOUSE RD

PIERRE SD 57501

TEL: 605-945-3410 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332312

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F21Q0004

Section SF 1449 - CONTINUATION SHEET

PRICING SCHEDULE

CLIN DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

BASE ITEMS

0001 Supply of Draft Tube Bulkheads 6 EA $_____________ $_______________

0002 Removal of Existing Draft Tube Bulkheads 1 JOB XXX $_______________

0003 Install of Draft Tube Bulkheads 1 JOB XXX $_______________

0004 Supply of Lifting Beam 1 EA $_____________ $_______________

0005 Install of Lifting Beam 1 JOB XXX $_______________

TOTAL BASE (Items 0001 thru 0005) $_______________

OPTIONAL ITEMS

0006 Supply of Draft Tube Bulkheads 3 EA $_____________ $_______________

0007 Install of Draft Tube Bulkheads 1 JOB XXX $_______________

0008 Supply of Spare Parts 1 EA $_____________ $_______________

SUB-TOTAL OPTION (Item 0006 thru 0008) $_______________

TOTAL BASE + OPTIONS (Items 0001 thru 0008) $_______________

1. The Government may exercise an option by written notice to the Contractor within 365 days of contract award.

2. Prices must be entered for all items of the above in the price schedule and submitted with Volume 2. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the Job (lump-sum) prices and the total amount, the lump-sum prices will be considered the proposed price.

3. A modification to a proposal which provides for a single adjustment to the total amount submitted, should state the application of the adjustment to each respective lump-sum price affected. If the modification is not so apportioned, the single adjustment will be applied to CLINs 0001 thru 0005.

4. See Section 01 22 00.00 26 MEASUREMENT AND PAYMENT for more information.

SITE VISIT

52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Site Visit Information:

A site visit is scheduled for June 8, 2021 at 10:00AM CDT at the Oahe Power House. Address for site visit is listed below. The meeting will take place at the Powerhouse.

28563 Powerhouse Road Oahe Dam, SD

Contractors interested in seeing the site need to make reservation with LeeJay Templeton by email at leejay.j.templeton@usace.army.mil by 3:00pm CDT on June 7, 2021. Contractor are to meet at the Powerhouse.

(End Provision)

SPECIAL INSTRUCTIONS

FAR Part 12 clauses are applicable to Supply CLINs. Construction clauses are applicable to Installation CLINs, which are listed in Section 00 72 00 and 00 73 00. A Notice to Proceed will not be issued, however payment and performance bonds will be required for the total cost of the Installation and Removal Line Items/CLINs. The cost of the Supply CLINs will not be included in the payment and performance bonds. Progress payments for Install and Removal CLINs may be authorized.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Each Supply of Draft Tube Bulkheads

FFP

This includes, but is not limited to; fabrication, painting, and shop dimensional testing, of six (6) Draft Tube Bulkheads, complete, as specified and approved NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 5680

NET AMT

0002 1 Job Removal of Existing Draft Tube Bulkheads

FFP

This includes, but is not limited to; removal and disposal of six (6) existing Draft Tube Bulkhead, complete, as specified and approved.

0003 1 Job Install of Draft Tube Bulkheads

FFP

This includes, but is not limited to; installation of seals, delivery, and onsite testing of six (6) Draft Tube Bulkheads, complete, as specified and approved.

0004 1 Each Supply of Lifting Beam

FFP

This includes, but is not limited to; fabrication, painting, and shop dimensional and load testing, of one (1) lifting beam, complete, as specified and approved.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0005 1 Job Install of Lifting Beam

FFP

This includes, but is not limited to; delivery of new lifting beam, removal of existing lifting beam, installation of new lifting beam, onsite testing of new lifting beam, and disposal of existing lifting beam, complete, as specified and approved.

0006 3 Each OPTION Supply of Draft Tube Bulkheads

FFP

This includes, but is not limited to; fabrication, painting, and shop dimensional testing, of three (3) Draft Tube Bulkheads, complete, as specified and approved.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0007 1 Job OPTION Install of Draft Tube Bulkheads

FFP

This includes, but is not limited to; installation of seals, delivery, and onsite testing of three (3) Draft Tube Bulkheads, complete, as specified and approved.

0008 1 Each OPTION Supply of Spare Parts

FFP

This includes, but is not limited to two (2) coupling pins and spare parts for bulkhead.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 730 dys. ADC 6 COE OAHE PRJT OFC TECH SPT SEC

KRIS CLEVELAND

USAED, OMAHACENWO-OD-OA-T

28563 POWERHOUSE RD

PIERRE SD 57501

605-945-3410

968821

0002 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 730 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0007 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0008 730 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-2 Security Requirements MAR 2021 52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

JUN 2020

52.212-3 Offeror Representations and Certifications--Commercial Items

AUG 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.215-6 Place of Performance OCT 1997 52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications

(Deviation 2018-O0015)

JUN 2020

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.217-5 Evaluation Of Options JUL 1990 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.215-7008 Only One Offer JUL 2019 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor Description Relative Importance

FACTOR 1 Experience Factor 1 is of equal importance to Factors 2 and 3

FACTOR 2 Past Performance Factor 2 is of equal importance to Factors 1 and 3

FACTOR 3 Project Management Plan Factor 3 is of equal importance to Factors 1 and 2

FACTOR 4 Price Factors 1, 2 and 3 when combined, are considered significantly more important than Factor 4 - Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-1 and 52.212-2 ADDENDUM

OFFER INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

1. WHO MAY SUBMIT

This solicitation is for Unrestricted competition.

This solicitation is Unrestricted and open to both large and small business participation. This solicitation is issued as a firm fixed-price SUPPLY/INSTALL HYBRID CONTRACT. Construction clauses incorporated into the solicitation and subsequent award are applicable ONLY TO the installation portion of the requirement.

All proposers, including joint ventures, must be registered in the System for Award Management (SAM.gov). See paragraph 15.6 Joint Ventures/SAM Registration.

There will be no public opening. All offers submitted will become, upon receipt, the property of the U.S.

Government and will not be returned. After evaluation of offers, the original will be retained for the official contract file. Extra copies of the awardees’ offer will be submitted to the Field and Area Offices in support of their contract administration functions. Any extra copies of the offers deemed unnecessary by the government will be destroyed.

2. GENERAL REQUIREMENTS

In order to effectively and equitably evaluate all offers, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the offer submission requirements.

3. SIZE OF PRINTED MATTER SUBMISSIONS

All written portions (other than an organization chart (if provided)) shall be in 8-1/2" x 11" format.

4. WHERE TO SUBMIT

Offers shall be submitted electronically to Timothy Boyte, Contract Specialist, via email address timothy.b.boyte@usace.army.mil no later than the time and date as specified in in Block 8 if the SF 1449. No other method of submission will be accepted without prior permission/coordination from the Contracting Officer.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the U.S. Army Corps of Engineers mail room facility located at 1616 Capitol Avenue, Omaha, Nebraska 68102-4901 if it does not contain a return mailing address. THERE WILL BE NO EXCEPTIONS.

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Contracting Opportunities website at: https://beta.sam.gov/.

It shall be the Contractor's responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation. A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site listed above (registration required).

4.1. Bidder Inquiry. Questions and/or comments relative to these documents should be submitted via Bidder Inquiry as indicated below. Questions and/or comments relative to these bidding (proposal) documents that is proprietary in nature or if Bidder Inquiry system (see below) is out of service should be submitted to the Contract Specialist:

Contract Specialist - Primary POC:

Timothy Boyte

Timothy.b.boyte@usace.army.mil

Technical inquiries and questions relating to technical requirements, proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/binKornHome/index.cfm no later than ten (10) calendar days before due date of proposals, in order that questions may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective Offerors will need to use the Bidder Inquiry Key presented below.

A prospective Offeror who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question following a thorough technical review by the government.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W9128F21Q0004, OAHE DRAFT TUBE BULKHEADS The Bidder Inquiry Key is: GH94NK-YFYINR

a. Registration for ProjNet Bidder Inquiry Access. Offerors with an existing registration should proceed to paragraph

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System.

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency: This should be marked as USACE.

3. Key: Enter the Bidder Inquiry Key listed above.

4. Email: Enter the appropriate email address for official communication.

5. Click Continue.

A page will then open saying that a user account was not found and will ask that one be created using the provided form.

6. Enter First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Note that the Secret Question and Answer will be used to access the ProjNet system from this point forward.

7. Click Add User. At this point, ProjNet registration and log on are complete. Questions may be submitted using the procedures in paragraph 3.2, Entering Bidder Inquiries in ProjNet Bidder Inquiry System.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, the Secret Question and Secret Answer created above will be used to log in to the system.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency: This should be marked as USACE.

4. Key: Enter the Bidder Inquiry Key listed above.

5. Email: Enter the email address used to register previously in ProjNet.

6. Click Continue. A page will open requesting the answer to the Secret Question.

7. Enter the Secret Answer and click Login. Once the answer is authenticated, system login is complete.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. The Bidder Inquiry System will be unavailable for new inquires after ten (10) calendar days prior to receipt of proposal in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. After this time, no further questions will be accepted.

d. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

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

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

6. OFFERS

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Scope of project includes all work required for Intake Gate and Draft Tube Bulkhead Replacement at Oahe Dam, Pickstown, SD. Work shall be in accordance with Request for Proposal documents issued with this solicitation.

The Contracting Officer has established a Source Selection Evaluation Board (SSEB) to conduct an evaluation of each proposal received in response to this solicitation. The evaluation will be based exclusively on the merits and content of the proposal and any subsequent discussion required. The identities of the SSEB personnel are confidential, and any attempt by the proposers to contact these individuals is prohibited.

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE AND LOCAL TAXES.

Materials installed under this contract are not exempt and the tax must be included in the price amount. Telephone:

(402) 595-2065 (Department of Revenue-Omaha).

7. EVALUATION OF PROPOSALS

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Experience Factor 2 – Past Performance Factor 3 – Project Management Plan Factor 4 - Price

The following Table shows the Factors to be evaluated and relative evaluation importance.

Factor Description Relative Importance

FACTOR 1 Experience Factor 1 is of equal importance to Factors 2 and 3

FACTOR 2 Past Performance Factor 2 is of equal importance to Factors 1 and 3

FACTOR 3 Project Management Plan Factor 3 is of equal importance to Factors 1 and 2

FACTOR 4 Price Factors 1, 2 and 3 when combined, are considered significantly more important than Factor 4 - Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The application of an adjectival description will be used in conjunction with narrative to denote the degree to which the proposal has met the standards for a non-cost factor. The following ratings will be used to evaluate Factors 1 and 3:

Table 1. Combined Technical/Risk Ratings

Color Rating Adjectival Rating Description Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is unawardable.

The past performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. There are two aspects of the past performance evaluation. The first aspect is relevancy. The past performance evaluation considers each Offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. The Offeror’s past performance will be evaluated to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. Consideration shall be given to those aspects of an Offeror’s contract history that would give the greatest ability to measure whether the Offeror will satisfy the current procurement. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontracting/teaming. There are four levels of relevancy as shown below. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance. The following ratings will be used to evaluate Factor 2:

Relevancy Rating Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts and give a performance confidence assessment. The past performance evaluation process gathers information from customers on how well the Offeror performed those past contracts. Past performance information may be provided by the Offeror, as solicited. Past performance information may also be obtained from questionnaires. Past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases;

interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. In conducting a performance confidence assessment, each Offeror shall be assigned one of the ratings as indicated below.

Table 3. Past Performance Confidence Assessments

Rating Description

Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will be able to successfully perform the required effort.

No Confidence

Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Factor 2, Past Performance, an Unknown Confidence (Neutral) rating will be awarded when no past performance records are otherwise unavailable. Per Federal Acquisition Regulation (FAR) 15.305(a)(2)(iv), “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance."

8. EVALUATION FACTORS FOR AWARD

FACTOR 1 - Experience

Submission Requirements:

The offeror shall submit information for up to three (3) projects where bulkheads or gates have been fabricated, installed, and accepted no more than seven (7) years before the proposal due date, that demonstrate the offeror’s relevant experience fabricating projects similar in size, scope, and complexity to the work required by this solicitation.

The Government will evaluate how the projects submitted by the offeror demonstrate similar work experience that is relevant to this solicitation. Each project shall demonstrate experience with fabrication in accordance with American Institute of Steel Construction (AISC) bridge certification program and American Welding Society (AWS) D1.5 welding standards for fracture critical components. In addition, offerors shall demonstrate experience applying the 5- E-Z paint system.

Each project submitted shall include the following content:

1. Contract number and Offeror’s and/or major subcontractor’s specific role in the project.

2. Project name and location.

3. Name of customer, agency, or firm.

4. Point of contact (POC) information for the customer, agency, or firm, including name, title, email, and telephone number.

5. Scope of project (designed, built, and installed new major features, rebuilt select components, etc.); focus on fabrication and protective coating aspects of the project.

6. Total Dollar Amount.

7. Start and completion dates, or anticipated date of completion and percent complete.

8. Key personnel information for each project, including but not limited to the fabricator’s Quality Control

Personnel and Project Manager. Key personnel information should include, but not be limited to:

a. Name.

b. Role in contract.

c. Years of experience.

d. Education and/or other relevant qualifications.

e. Current professional registration, if applicable.

9. Role of Offeror (Prime or Subcontractor) Address type of work performed and percentage of work, as applicable. Also indicate whether proposed team members were directly involved in the project, describing work performed, roles, and responsibilities.

10. If the offeror is a joint venture combining two or more companies, state whether each project was performed by the same joint venture. Each member of the joint venture shall demonstrate experience commensurate with its proposed role on this project.

Evaluation method:

Three (3) projects will be evaluated. If an offeror submits more than three projects, only the first three (3) projects will be evaluated. Offerors shall describe each project with enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below.

In determining strengths and weaknesses, the Government will consider the following when evaluating the offeror’s Experience:

Projects must be similar in scope, dollar value and complexity for the fabrication and installation of bulkheads, gates or similar structures and the removal and disposal of similar bulkheads or gates.

Each project shall demonstrate experience with fabrication in accordance with American Institute of Steel Construction (AISC) bridge certification program and American Welding Society (AWS) D1.5 welding standards for fracture critical components.

Each project shall demonstrate experience applying the 5-E-Z paint system.

Any other aspect of the proposal that the evaluators determine enhances the merit of the proposal or increases the probability of successful performance of the contract.

FACTOR 2 – Past Performance Submission Requirements:

Past Performance Questionnaire will be submitted for each project listed by the offeror under Factor 1 – Experience where a finalized CPARS has not been completed. Contractor must provide all finalized CPARS for each project listed by the offeror under Factor 1 – Experience.

See Attachment A, Past Performance Questionnaire, for a form that shall be used to fulfill this requirement.

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the offeror shall submit it with the proposal.

If there is not a completed CPARS evaluation, the offeror shall submit a Past Performance Questionnaire (PPQ) for the project. See Attachment B. Do not submit a PPQ when a completed CPARS is available.

o If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s).

o Offerors should follow up with clients/references to ensure timely submittal of questionnaires.

If the client requests, questionnaires may be submitted directly to the Government's point of contact, Timothy Boyte via email at timothy.b.boyte@usace.army.mil prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

It is recommended the PPQs shall be submitted with the proposal.

o PPQs are source selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the offeror does not receive the confirmation, it is the offeror’s responsibility to follow up to ensure the government has received the information.

In addition to the above, the Government may review other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the (Contractor Performance Assessment and Reporting System) CPARS, using all CAGE/DUNS (Commercial and Government Entity Code/Data Universal Numbering System) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases, telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the offeror.

Evaluation Method:

The Government seeks a contractor who maintains a strong commitment to customer satisfaction and superior performance. It is the offeror’s responsibility to affirmatively document these qualities in the technical offer. In doing so, be mindful that “past performance” and “experience” are not identical. Experience measures what the offeror has done and how many times, or for how long, the offeror has done it. Past performance, however, measures how well the offeror has performed.

The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The recency and relevancy of the information, source of the information, context of the data, and general trends in the contractor’s performance shall be considered. These are combined to establish one performance confidence assessment rating for each offeror.

FACTOR 3 – Project Management Plan

The Offeror shall demonstrate capability to successfully complete this project and fabrication quality requirements by providing information on the key elements noted below. Include key personnel involved in fabrication and quality control.

Successful demonstration shall include, at a minimum:

1. A detailed narrative of the quality control and the methods which will be utilized to complete this specific project.

2. List of major equipment to be used on this job. Describe fabrication shop facilities. Describe means and methods used to move the assemblies during fabrication and to measure control dimensions.

3. The management plan narrative shall include a detailed work plan to include the removal of existing draft tube bulkheads and installation of the new draft tube bulkheads.

4. Narrative to identify constraints/risks for the project, as well as other significant risks the offeror anticipates (i.e. labor or material availability, permits, weather, etc.) and provide a description of the offeror’s plans to mitigate these constraints and risks.

5. An organization chart and narrative that outlines how the Contractor’s team will be organized, roles and responsibilities of all parties, and lines of authority.

6. The qualifications and experience of the Offeror’s project team, including key personnel.

a. Resume of Project Manager, including a list of projects performed that are similar in scope and complexity to the requirements in this solicitation.

b. Resume of contractor quality control (CQC) Manager, including a list of projects performed that are similar in scope and complexity to the requirements in this solicitation. (Refer to Section 01 45 04.00 28 for minimum individual education/experience requirements.)

c. Offeror shall submit documentation for weld inspectors that demonstrates minimum compliance with the following requirements: Lead Inspector must be either a Senior Certified Welding Inspector (SCWI) or a Certified Welding Inspector (CWI) with a D 1.5 endorsement or a CWI that took the exam under D 1.5. All other inspectors must be CWIs. CAWIs or noncertified inspectors are not permitted.

d. For any key personnel not employed by the offeror, a Letter of Commitment signed by the individual not employed by the prime offeror shall be submitted with the offeror’s proposal.

7. Offer shall submit documentation for the paint contractor that demonstrates the paint shop is either SSPC QP3 (shop painting certification program) qualified or holds an AISC sophisticated paint endorsement.

Paint inspectors must be certified as an SSPC Protective Coating Inspector (PCI) or NACE Coating Inspection Program (CIP) to a level of 2 or 3.

8. Offeror shall submit certification for the fabricator that demonstrates the fabricator is certified to one of the following AISC Quality Certification Programs: Major Bridge Fabrication (CBR), Certified Bridge Fabricator – Advance (ABR), Certified Bridge Fabricator – Intermediate (IBR), or Certified Hydraulic Fabricator (HYD). In addition, the fabricator is required to be certified with a Fracture Critical endorsement (F).

9. A detailed work plan including, but not limited to: schedule in Gantt Chart format, description of fabrication sequencing, identification of hold points, preparation and disposition of non-conformance reports, shop testing,…