20R0003-0001-SEC-L-ATTACHMENT-1.pdf

Section 00 21 16 - Instructions for Procurement

SECTION L

PROPOSAL SUBMISSION INSTRUCTIONS, CONDITIONS, NOTICE TO OFFERORS

1. GENERAL INFORMATION

Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public proposal opening and no information will be give out as to the number of offerors or the results of the competition until all awards are made.

2. REQUIRED REGISTRATIONS

Offerors must have and must maintain an active registration in the following databases:

System for Award Management (SAM): Offerors must have and must maintain an active registration in the SAM database at https://www.beta.sam.gov/portal/public/SAM/ to be eligible for a Government contract award. If the offeror is a Joint Venture (JV), the JV entity must have valid BETA.SAM registration in the BETA.SAM database representing the JV as one business/firm/entity. If at the time of award an offeror is not actively and successfully registered in the BETA.SAM data base, the Government reserves the right to award to the next prospective offeror.

On-Line Representations and Certifications. Prospective Contractors shall complete electronic representations and certifications at https://www.beta.sam.gov/portal/public/SAM/ in conjunction with required registration in the BETA.SAM.

Lack of registration in the SAM database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management”.

Attention to offerors: Effective March 22, 2018, you must submit a notarized letter appointing the authorized entity administrator before your registration will be activated. This requirement now applies to both new and existing entities. Make sure your SAM profile includes “all awards” and not just “Federal Assistance Awards” as this option is only for grants and cooperative agreements. Please visit www.beta.sam.gov for more information.

3. DEFINITIONS

When the word ‘offeror’ is encountered throughout this Section, it is intended to mean a company, teaming arrangement, or Joint Venture seeking to do business with the Government that submits a proposal in response to this solicitation, and is interchangeably used with the word Contractor.

A ‘proposal’ is documentation prepared by the offeror and submitted to the Government for evaluation purposes in response to this solicitation.

When the word ‘Government’ is encountered throughout this Section, it is intended to mean the U.S. Army Corps of Engineers St. Louis District (MVS).

4. SUBMISSION OF INQUIRIES:

Proposals for this solicitation will be accepted until the date and time indicated on Standard Form 1442. Prospective offerors should submit inquiries related to this solicitation only by e-mail to:

E-MAILADDRESS: barrietta.killiebrew@usace.army.mil

Include the solicitation number, and project title with any questions/clarifications. Written questions must be received via email by this office no later than 2:00 PM Central Time on 10AUGUST2020. TELEPHONE

INQUIRIES WILL NOT BE ACCEPTED.

5. DIRECTIONSFORSUBMITTINGPROPOSALS

Offers shall be submitted electronically through DOD Safe. See Amendment 0001.

Solicitation Number: W912P9-20-R-0003 Offer Closing Date: 21AUG2020 Offer Closing Time: 10:00 am Local St. Louis time

Additional Instructions Pertaining to submission of offers electronically through DOD Safe can be located in Section L, Paragraph 10, “Electronic Offers”.

PROPOSALS SUBMITTED AFTER THE DATE AND TIME ESTABLISHED FOR SUBMISSION

OF PROPOSALS WILL NOT BE EVALUATED.

6. CONDITIONS AFFECTING THE WORK

Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offerors from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Request for Proposal, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

7. AMENDMENT PRIOR TO DATE SET FOR NEGOTIATION

The right is reserved as the interest of the Government may require revision, or modification to the specifications or drawings or both prior to the date set for receipt of proposals. Such revisions or modifications, if any, will be announced by an amendment or amendments to this Request for Proposal. If the revisions or modifications are of a nature which requires material changes, the date set for receipt of proposals may be postponed by such number of days as in the opinion of the issuing officer will enable offeror to revise their proposal. In such cases, the amendment will include an announcement of the new date for receipt of proposal.

8. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION

1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.

2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows:

252.204-7000.

3) Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.237-9000.

4) USACE Acquisition Instruction (UAI) provisions/clauses are numbered as follows: 5152.249-5000.

9. NOTICE OF BONDS AND INSURANCE - The following proposal/contract information is applicable only to task orders awarded under the contract that exceed one hundred fifty thousand dollars($150,000) in task order price:

1) PERFORMANCE BONDS. The performance bond shall be required for award of any task order greater than $150,000 in the penal amount equal to one hundred percent (100%) of the task order price.

Bonds shall be received with ten (10) days after receipt of task order award. A contractor’s inability to provide a performance bond on a task order may make a contractor ineligible for the award of subsequent task orders. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction.”

2) PAYMENT BONDS: Within ten (10) days after receipt of a task order award greater than $150,000, the contractor to whom the task order is awarded shall furnish a payment bond with good sufficient surety or sureties acceptable to the Government; namely a Payment Bond (Standard Form 25A), in the penal amount of the one hundred percent (100%) of the task order price. A contractor’s inability to provide a payment bond on a task order or furnish an agreed-to alternative payment protection may make a contractor ineligible for the award of subsequent task orders. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

3) INSURANCE: The accepted offeror shall provide adequate insurance, within ten (10) days after receipt of task order award in accordance with the contract specifications.

10. ELECTRONIC OFFERS

Electronic proposals See Amendment 0001.

11. PROPOSALS SHALL BE SUBMITTED IN THE FOLLOWINGFORMAT:

VOLUME 1 – Technical Submission

Proposal Package Electronic File

Volume 1 shall include the following:

FACTOR 1 – Technical Approach

Sub-Factor (a) – Key Personnel Sub-Factor (b) – Demonstrated Experience Sub-Factor (c) – Management Approach

FACTOR 2 – Past Performance

Volume 1 shall also include the following:

1) Letters of Commitment from Sub-Contractors (if applicable)

2) Teaming Arrangements (if applicable)

3) Joint Venture Agreements (if applicable)

VOLUME 2 –Administrative Submission

Proposal Package Electronic File

Volume 2 shall include the following:

1. Signed Standard Form 1442 and all Amendments, signed and dated

2. SAM Representations and Certification

3. Offeror’s e-mail address and cell phone number

4. Name, Address, DUNS, CAGE Code, and TAX Identification Numbers of the Contractor submitting the proposal

5. Responsibility Determination Form located in Attachment-5 of the RFP.

The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of proposal details shall be the sole responsibility of the offeror. The Government may reject incomplete proposals after initial evaluation without further consideration. Complete proposals shall meet the basic requirements identified in the RFP.

12. PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

a. REQUIREMENT FOR SEPARATE TECHNICAL AND ADMINISTRATIVE PROPOSALS.

DO NOT MIX CONTENTS OF VOLUME 1 (Technical) AND VOLUME 2 (Administrative) IN THE

SAME BINDER.

1) Each Offeror must submit a Technical Proposal and an Administrative Proposal. The Technical

Proposal and the Administrative Proposal must be submitted as separate volumes. Both the Technical and Administrative Proposal shall be paginated (contain consecutive page numbers on each page).

2) The outside cover of each separate volume (Vol 1 – Technical; Vol 2 – Administrative) must be clearly marked to indicate its contents and the identity of the Offeror.

3) Both the Technical Proposal and the Administrative Proposal must be received by the closing date and time set for receipt of proposals.

4) Do not include any dollar amounts in the Technical Proposal.

5) All information intended to be evaluated as part of the Technical Proposal must be submitted within the

Technical Proposal. Do not cross-reference material in the Administrative Proposal, or vice versa.

Also, do not include links to websites in your proposal. Information submitted in the wrong volume could lead to the proposal being determined “unacceptable” if materially incomplete in any aspect.

6) Do not attempt to modify the terms and conditions of the solicitation in either the technical or administrative proposal or add conditions or qualifications to your offer. Should the offeror include terms and conditions that conflict with the terms and conditions of the Solicitation, the offer may be determined "unacceptable" and thus ineligible for award. Any questions related to specific terms and conditions contained within the Solicitation should be resolved prior to submission of the offer. Notwithstanding the above, the offeror must clearly describe on the

Proposal Cover Sheets submitted any modifications to the contractual and/or technical terms and conditions of the solicitation contained in the Offer.

7) Failure to submit required documents or failure to properly complete documents may result in rejection of the offer without further evaluation. Therefore, offerors are urged to follow instructions carefully and to speak with the Contracting Officer if the offeror does not understand any part of the Solicitation.

b. DISCUSSIONS.

The Government intends to evaluate proposals and award a contract without discussions with offerors.

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary

c. GENERAL INSTRUCTIONS.

1) Submit only the documents specifically required. Do not submit excess information; do not include audio-visual materials, electronic media, etc.

2) Electronic proposals page size shall be 8 ½ by 11 inch paper, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not format using fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least one inch wide, but may include headers and footers. All pages must be numbered.

3) Electronic Proposals shall be submitted as Portable Document Format, “PDF”.

4) References to “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark their proposals in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors— Competitive Acquisition,” paragraph (e), “Restriction on disclosure and use of data.”

5) In the case of an offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.)

that will perform work under the prospective contract.

6) For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page; information on both the back and front of one sheet of paper will be counted as two pages.

Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are not included in the page limitation. Letters of Commitment from Sub-Contractors, Documentation on Teaming Arrangements, and Documentation on Joint Venture Agreements do not count toward any page limitations in the proposal.

13. INSTRUCTIONS FOR SUBMISSION OF JOINT VENTURE AGREEMENTS

a. A Joint Venture offeror must submit with its technical proposal a copy of the joint venture agreement upon which the Joint Venture organization has been formed. The joint venture agreement must indicate that the joint venture is in existence as of the date and time that proposals are due to be submitted; or, alternatively, that the joint venture will automatically take legal effect immediately upon notification to the joint venture of contract award.

b. The joint venture agreement must be signed by a representative of each joint venture partner who has the requisite authority to bind the partner to the agreement, with the chief executive of each entity identified.

c. To be acceptable to the Government, the joint venture agreement must clearly state within its terms that each member of the joint venture is jointly and severally liable for all of the obligations of the joint venture itself with respect to completion of all work and services under the contract expected to result from the Solicitation.

d. The terms of the joint venture must detail, in terms of percentages, where appropriate, the relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

e. Additionally, the joint venture agreement must specify who among the joint venture partners is authorized to sign the Solicitation, acknowledge the amendments to the Solicitation, if any, and bind the entire joint venture to its obligations under any contract which may result from the Solicitation.

14. SUB-CONTRACTOR EXPERIENCE/PAST PERFORMANCE

a. If an offeror wishes to receive credit for the experience or past performance of a Sub-Contractor, including a firm that is a proposed Sub-Contractor to the prime Contractor or a joint venture partner, the offeror must submit a letter of commitment to subcontract under the proposed project, signed both by the Sub-Contractor and the offeror.

b. For purposes of this Solicitation, such a Sub-Contractor shall be considered to be a “qualified

Sub- Contractor.”

c. The commitment letter must be submitted even if the Sub-Contractor is in some way affiliated with a joint venture partner (for example, the Sub-Contractor is a subsidiary of a joint venture partner, or a subsidiary of a firm to which the joint venture partner is also a subsidiary).

15. TEAMING ARRANGEMENT

If a contractor wishes to receive credit for the experience or past-performance from a teaming arrangement with another small business, provide the complete information on the arrangement, to include any relevant and recent past/present performance information on previous teaming arrangements with same partner.

16. SPECIFIC INSTRUCTIONS FOR VOLUME 1 – TECHNICAL PROPOSAL

(1) Number of Sets of the Technical Proposal. Submit one electronic PDF formatted file of the

Technical Proposal.

(2) Format and Contents of the Technical Proposal and List of Tabs. The electronic file of the technical proposal will be appropriately labeled as such. Each technical proposal shall be organized using the tabs specified in the following chart. Note: The main tabs directly correlate to the evaluation factors identified in Section L of the RFP.

TAB

FACTOR

CONTENT OF THE TECHNICAL PROPOSAL

PAGE

LIMIT

TAB A

FACTOR 1

TECHNICAL APPROACH

SUB-FACTOR (a) - KEY PERSONNEL

SUB-FACTOR (b) - DEMONSTRATED

EXPERIENCE

SUB-FACTOR (c) - MANAGEMENT APPROACH

TAB B

FACTOR 2

PAST PERFORMANCE

(3) Pages submitted which exceed limitations listed above will not be evaluated. Tables of content, proposal cover letters, tabs between proposal information, Letters of Commitment from Sub-Contractors, Documentation on Teaming Arrangements, and Documentation on Joint Venture Agreements do not count toward any page limitations in the proposal.

17. SPECIFIC INSTRUCTIONS FOR VOLUME 2 – ADMINISTRATIVE PROPOSAL

(1) Number of Sets of the Administrative Proposal. Submit one electronic PDF formatted file of the Administrative Proposal.

(2) Size Restrictions and Page Limits. Electronic proposals page size shall be 8 ½ by 11 inch paper. There are no page limits set for the administrative proposal. However, please provide only the information required by this solicitation. Excess information will not be considered in the Government’s evaluation.

(3) Format and Contents of the Administrative Proposal and List of Tabs. The Administrative

Proposal shall be appropriately labeled and shall be organized and tabbed as indicated in the following chart.

CONTENTS OF THE ADMINISTRATIVE PROPOSAL

TAB A

The Proposal Cover Sheet, to include the offeror’s e-mail address, cell phone number, Name, Address, DUNS, CAGE Code and Tax Identification Numbers

TAB B Signed Standard Form 1442 and all Amendments (signed and dated)

TAB C

SAM Representations, Certifications, and Other Statements of the Offeror

TAB D

Responsibility Determination Form

(4) Detailed Submission Instructions for the Administrative Proposal

TAB A: The proposal cover sheet is required by FAR 52.215-1(2) (c) (i)-(v) and must be submitted by all offerors.

This provision, titled “Instructions to Offerors—Competitive Acquisition,” and the format for the proposal cover sheet are furnished at the end of this section.

TAB B: The SF 1442, Solicitation, Offer, and Award is to be completed by the offeror and duly executed with an original signature by an official authorized to bind the offeror in accordance with FAR

4.102. Any and all amendments must be acknowledged by the offeror in accordance with the instructions on the Standard Form 30, Amendment of Solicitation.

TAB C: The offeror must complete the Online Representations and Certifications on the System for Award Management (BETA.SAM.GOV) website, and furnish under this tab.

If the offeror is a joint venture, each joint venture partner or entity must complete and attach the Online Representations and Certifications for its own organization, in addition to the “Reps and Certs” completed and submitted on behalf of the joint venture offeror.

TAB D: The offeror must complete the Responsibility Determination Form located in Attachment-5 and furnish under this tab.

18. PROPOSAL FORMAT – VOLUME 1 – TECHNICAL APPROACH

GENERAL NOTES:

Note 1: For submission of technical evaluation information based on a Subcontractor, Joint Venture, or Teaming Arrangement please refer to Section L, Paragraph 13, 14, and 15 of the RFP for additional submission requirements to receive credit for experience or past performance of a Sub-Contractor, Joint Venture Partner, or Teaming Arrangement Partner.

(1) TAB A – VOLUME 1, FACTOR 1 – TECHNICAL APPROACH

There are three (3) Sub-Factors associated with this evaluation factor. The Government will evaluate an offeror’s submitted information and experience under these Sub-Factors to determine if the contractors indicate technical capability to meet the requirements as specified within the contract specifications to accomplish work. To be considered for technical acceptance the contractor shall submit all required information under each Sub-Factor and such information shall meet the minimum technically acceptable requirements as defined in Section 00 21 16, Section M of the RFP.

i. SUB-FACTOR (a) - KEY PERSONNEL (15 Page Limitation)

A. Submission Requirements

a. The offeror must submit documentation demonstrating availability and employment of personnel that are qualified and experienced to serve as Contract Quality Control (CQC) System Managers:

• Contract Quality Control (CQC) System Manager: CQC System Manager shall be responsible for ensuring the Contractor meets the basic requirements of Quality construction in accordance with the contract requirements on each specific task order.

Submit the following minimum documentation.

i. The Offeror shall submit verification of full time positions employed and staffed with personnel that can serve as Contractor Quality Control (CQC) System Managers to demonstrate that the offeror currently employs Qualified and Experienced Personnel that can serve as CQC System. CQC System Managers must be full-time employees of the offeror.

A minimum of one individual shall be submitted.

ii. Submit Construction Quality Management for Contractors (CQM) certificates for full time personnel that serve as CQC System Managers to demonstrate that the offeror employs CQC System Managers that have completed the (CQM) course within the past 5 years from date of this RFP. If certificates have expired or have not yet been obtained, the offeror shall submit documentation indicating how the offeror intends to obtain CQM certification within 90 calendar days from award of contract.

iii. Submit experience and documentation for personnel to serve as CQC System Managers demonstrating that the personnel are either a graduate engineer or graduate of construction management, with a minimum of 3 years construction experience on construction similar to this contract or is a construction person with a minimum of 5 years in related work as a construction manager.

ii. SUB-FACTOR (b) – DEMONSTRATED EXPERIENCE (20 Page Limitation)

The offeror shall submit experience for project requirements specific to this solicitation to demonstrate that the contractor has technical knowledge and capability to ensure work is completed in accordance with the contract specifications. Offeror shall submit for each Work Item identified below the following minimum documentation: (i) minimum of 1 relevant/similar project indicating experience on actual performance of the work item identified. (ii) Name, phone, and email of customer in which projects were performed for. (iii) Description of work performed on the project which demonstrates offeror has experience and capability to perform the specific work item of this solicitation.

Relevant/Similar projects shall be defined as projects that are the same or similar in scope and complexity of the work item specified.

Demonstrated Experience submitted that is to be subcontracted must include a letter of subcontractor commitment signed by both the offeror and the subcontractor.

The offeror shall submit all documentation as identified above for each of the following Work Items identified below to be considered for evaluation of technical acceptance. Failure to submit minimum required documentation for each item shall result in an Unacceptable Technical Rating:

a. Levee Repair and Rehabilitation

b. Hydrated Lime Treated Embankment Repair

c. Relief Well Installation, Rehabilitation, or Repair

d. Slip Lining of Existing Drainage Pipes

For submission of technical evaluation information or experience based on a Subcontractor, please refer to Section L, Paragraph 14 – Subcontractor Experience/Past Performance.

iii. SUB-FACTOR (c) – MANAGEMENT PLAN (35 Page Limitation)

The offeror shall submit a Management Plan to be utilized on this requirement. For the Management Plan, the offeror shall submit all documentation for each item identified below to be considered for evaluation of technical acceptance, failure to submit minimum required documentation for each item shall result in an Unacceptable Technical Rating:

a. Organizational Structure: Identify the organization structure with respective levels of authority for Management, Project Support, Quality Control, and Safety to be utilized for responding to and managing multiple contract task orders issued simultaneously. In addition to submitting and organization chart, identify capability to manage two or more concurrent task orders and methods to organize and supplement project teams and crews to support two or more concurrent task orders.

b. Work Distribution: The offeror must provide a complete and organized plan, showing what work will be subcontracted and to whom, what work will be done by the offeror’s own forces, and the experience of the company in performing the specific work for the primary definable features of work identified below. Work to be subcontracted must include a letter of subcontractor commitment signed by both the offeror and the subcontractor.

1. Earthwork operations for levee repairs

2. Hydrated Lime-treated embankment treatments

3. Stone surfacing and stone armor protection

4. Installation and rehabilitation of drainage structures

5. Concrete repair and rehabilitation

6. Relief well rehabilitation and replacement

7. Camera inspection & slip-lining existing drainage structures

(2) TAB B – VOLUME 1, FACTOR 2 - PAST PERFORMANCE. (25 Page Limitation)

Proposal shall include at least three (3) and up to five (5) projects using the attached Past Performance Questionnaire (PPQ) forms. The past performance evaluation will be based on the Offeror’s record of relevant and recent (within the last 10 years) past performance information that pertain to the construction services outlined in this RFP. The Government will also query the Contractor Performance Assessment Reporting System (CPARS) to validate past performance information the Government deems necessary to evaluate a contractor’s past performance. Firms without a history of relevant past performance will be given a “Neutral” rating. Specifically, the offeror shall identify one past performance project for each of the following:

i. Earthwork Operations for Levee Repairs

ii. Relief Well Rehabilitation and Replacement

iii. Slip-Lining Existing Drainage Structures

For submission of Past Performance information based on a Subcontractor, Joint Venture, or Teaming Arrangement please refer to Section L, Paragraph 13, 14, and 15 of the RFP for additional submission requirements to receive credit for experience or past performance of a Sub- Contractor, Joint Venture Partner, or Teaming Arrangement Partner.

The offeror must ensure correct phone and email addresses are provided for the client point of contact.

Completed Past Performance Questionnaires should be submitted with the proposals if possible. If the offeror is unable to obtain a PPQ from a client for a project (s) before proposal closing date, the offerors should complete and submit with the proposal the first page of the PPQ (ATTACHMENT 1) which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the clients request, questionnaires may be submitted directly to the Government’s point of contact, Barrietta Killiebrew via email at:

Barrietta.Killiebrew@usace.army.mil prior to proposal closing date. The offeror is responsible for ensuring that the Government has received a minimum of three (3) questionnaires prior to the date/time listed for receiving proposals or has provided written notification that they have had no previous clients and that the minimum number of questionnaires cannot be provided. Offerors shall submit actual PPQs rather than referencing PPQs submitted previously for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources, may include, but are not limited to, Past Performance information retrieved through Contractor Performance Assessment Reporting System (CPARS); using all CAGE/DUNS number of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal; inquiries of owner representative(s);

Electronic Subcontract Reporting System (eSRS), 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. It is the offeror’s responsibility to ensure that the reference documentation is provided, as the Government may not make additional requests for past performance information from the references. The evaluation form should be provided to the Contract Specialist directly from the reference. The Government may contact references provided as part of the Factor for Experience, for information regarding the offeror’s past performance on the project and for the purposes of assessing and verifying the scope of work performed.

End Section L