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This solicitation is for a 100% small business set-aside multiple award task order contract for Mississippi River Levee construction work in the New Orleans District of Louisiana. The scope of work includes excavation, construction of earthen embankments and berms, clearing and grubbing, geotextile placement, sheet pile or slurry cutoff construction, groundwater well installation, and other related tasks. The magnitude of construction is estimated between $25-100 million. Offerors must be registered in SAM.gov and have a NAICS code of 237990 to be eligible for award. Performance and payment bonds will be required at the task order level, which could have periods of performance extending beyond the base contract term. Questions are due by July 30th and proposals are due by August 7th, 2020. Up to six awards are anticipated under this multiple award IDIQ contract vehicle.

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This is a 100% Small Business Set-Aside, Multiple Aw ard Task Order Contract (MATOC) for the Mississippi River Levee Construction in the New Orleans District, Louisiana.

DESCRIPTION OF WORK: The w ork includes furnishing all plant, labor, materials and equipment for excavation; construction of compacted and un-compacted embankments for levees and berms; clearing and grubbing; placing geotextile; construction of sheet pile or slurry seepage cut-offs; installation of groundw ater relief w ell.

MAGNITUDE OF CONSTRUCTION: Betw een $25,000,000 and $100,000,000.

YOU MUST BE REGISTERED IN beta.SAM.gov IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION.

THE NAICS CODE FOR THIS PROJECT IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $39,500,000.00.

**Performance and Payment Bonds and Notices to Proceed (NTPs) w ill be received and issued on a task order basis. Each task order w ill have an individual period of performance w hich could, potentially, extend beyond the contract ordering period duration.

Solicitation Open 09 July 2020 - Closing 07 August 2020 at 2:00PM (CST).

**The designated time for Industry Questions is 16 July 2020 - 30 July 2020.

ANTHONY MAIORE 504-862-1604

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

09-Jul-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

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

FAX:TEL: TEL: FAX:

W912P820R0021 129

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Period - MR Levee - MATOC

FFP

Base Period - Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) supporting the flood control through the Mississippi River (MR) Levee Construction Project in support of the U.S. Army Corps of Engineers, New Orleans District.

FOB: Destination

PSC CD: Y1QA

NET AMT

0002 1 Job 2nd year - MR Levee - MATOC

FFP

2nd Period - Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) supporting the flood control through the Mississippi River (MR) Levee Construction Project in support of the U.S. Army Corps of Engineers, New Orleans District.

0003 1 Job 3rd year - MR Levee - MATOC

FFP

3rd year Period - Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) supporting the flood control through the Mississippi River (MR) Levee Construction Project in support of the U.S. Army Corps of Engineers, New Orleans District.

0004 1 Job 4th year - MR Levee - MATOC

FFP

4th year Period - Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) supporting the flood control through the Mississippi River (MR) Levee Construction Project in support of the U.S. Army Corps of Engineers, New Orleans District.

0005 1 Job 5th year - MR Levee - MATOC

FFP

5th year Period - Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) supporting the flood control through the Mississippi River (MR) Levee Construction Project in support of the U.S. Army Corps of Engineers, New Orleans District.

0006 6 Months

OPTION OPTION TO EXTEND THE TERM OF THE CONTRAC

FFP

The purpose of Option CLIN 0006 is to provide the Government the option to extend the term of this contract by written notice to the Contractor within 7 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$10,000.00 $98,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$10,000.00 $98,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2020 TO

30-SEP-2021

N/A PROJECT MANAGEMENT

KYLE BURLEIGH

7400 LEAKE AVENUE ROOM 331

NEW ORLEANS LA 70118-3651

(504) 862-1730

W912P8

0002 POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2022 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2023 TO

30-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2025 TO

29-MAY-2026

N/A (SAME AS PREVIOUS LOCATION)

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFERORS

W912P8-20-R-0021

US Army Corps of Engineers

New Orleans District

Multiple Award Task Order, Mississippi River and Tributaries (MR&T), Mississippi River Levee Construction and Repairs

Multiple Parishes, Louisiana

Construction Solicitation and Specifications

JULY 2020

ED 18-045

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW

ORLEANS DISTRICT 7400 LEAKE

AVENUE

NEW ORLEANS, LA 70118-3651

SOLICITATION: W912P8-20-R-0021 JULY 2020

FOR: Multiple Award Task Order, Mississippi River and Tributaries (MR&T), Mississippi River Levee Construction and Repairs, Multiple Parishes, Louisiana

SOLICITATION CLOSING DATE: 07 AUGUST 2020 at 2:00PM (CST).

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause

52.204-7 for required information. The website for SAM is https://beta.sam.gov/. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of placing geotextile material, placing and compacting of earthen fill to the lines and grades required, moisture and density control of placed earthen fill, construction of sheet pile or slurry seepage cut-off features, installation of groundwater relief wells to specified depth below ground surface, collecting and analyzing soil boring data to establish location of well screens, placing well screens, stems, and filter packs, caps, covers, seals, etc., grouting groundwater wells as required, providing drainage as shown on plan drawings, developing and cleaning ground water wells, establishing turf grass over the work area, and construction of crushed stone access roadways and ramps.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN

ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND

HEALTH REQUIREMENTS MANUAL", DATED NOVEMBER 2014.

SUBSEQUENT TASK ORDERS:

When the Government requires work under this MATOC a Requests for Task Order proposals (RFTOPs) will be issued to the MATOC contract holders. The RFTOP will include a Statement of Work (SOW) describing the work to be performed, any special instructions and conditions, specifications and/or drawings, guide specifications, attachments, information pertaining to a site visit, submission of any bid bonds, and any other requirements necessary for submission. In the event an offeror is unable to submit an offer in response to a RFTOP, the Contractor shall notify the Contracting Officer in writing within three (3) days of receiving the RFTOP.

Competition. All task orders will be awarded based on competition among the MATOC contract holders, unless an exception to Fair Opportunity is justified and approved in accordance with FAR 16.505(b)(2).

(1) Evaluation Method and Procedures for Individual Task Orders.

(2) Each RFTOP will describe the specific criteria to be used in evaluating task order proposals.

(3) The work and services required under this contract shall be completed by the Contractor within the time negotiated and specified in each task order. No task order(s) shall be issued after the expiration date of this contract; however, any task ordered issued prior to but not complete upon expiration of the contract shall not be cancelled because of expiration of the contract.

OFF-RAMPING

USACE reserves the unilateral right to Off-Ramp non-performing Contractors.

Contractors that are Off-Ramped have no active task orders under their contract at the time of the Off-Ramping.

Off-ramping methods may result from one of the following conditions:

(1) After a Contractor is placed in Dormant Status and the Contractor has completed all previously awarded task orders under the contract.

(2) Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

(3) Termination as defined in FAR Part 49

(4) Contractors who fail to meet the standards of performance, deliverables, or compliances

(5) Taking any other action which may be permitted under the terms and conditions.

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND

CONTRACTING

Solicitation, Offer and Award SF-1442 00010 Binding Prices Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clauses

Division 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 55 26.00 12 Traffic Control and Coordination 01 57 20.00 12 Environmental Protection 01 57 23.00 12 Storm Water Pollution Prevention Plan 01 78 02.00 10 Closeout Submittals

Division 31 – EARTHWORK

31 11 00.00 12 Clearing and Grubbing 31 23 00.00 12 Excavation 31 24 00.00 12 Embankment 31 41 16.00 12 Steel Sheet Piling

Division 32 – EXTERIOR IMPROVEMENTS

32 12 16.00 12 Asphaltic Pavement 32 15 00.00 12 Surfacing (Granular) 32 92 19.04 12 Turf Establishment and Maintenance

SECTION 00010 BINDING PRICES BIDDING SCHEDULE

BINDING PRICES BIDDING SCHEDULE for the MR

LEVEE MATOC

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 Silt Fence Year 1 0001AA First 4,000 LF Year 1 4300 LF 0001AB All Over 4,000 LF Year 1 1300 LF 0002 Silt Fence Year 2 0002AA First 4,000 LF Year 2 4300 LF 0002AB All Over 4,000 LF Year 2 1300 LF 0003 Silt Fence Year 3 0003AA First 4,000 LF Year 3 4300 LF 0003AB All Over 4,000 LF Year 3 1300 LF 0004 Silt Fence Year 4 0004AA First 4,000 LF Year 4 4300 LF 0004AB All Over 4,000 LF Year 4 1300 LF 0005 Silt Fence Year 5 0005AA First 4,000 LF Year 5 4300 LF 0005AB All Over 4,000 LF Year 5 1300 LF 0006 Lime Soil Amendment 0006AA Lime Soil Amendment Year 1 2.2 TON 0006AB Lime Soil Amendment Year 2 2.2 TON 0006AC Lime Soil Amendment Year 3 2.2 TON 0006AD Lime Soil Amendment Year 4 2.2 TON 0006AE Lime Soil Amendment Year 5 2.2 TON 0007 Sulfur Soil Amendment 0007AA Sulfur Soil Amendment Year 1 1.1 TON 0007AB Sulfur Soil Amendment Year 2 1.1 TON 0007AC Sulfur Soil Amendment Year 3 1.1 TON 0007AD Sulfur Soil Amendment Year 4 1.1 TON 0007AE Sulfur Soil Amendment Year 5 1.1 TON 0008 Fertilizer Year 1 0008AA First 300 LBS Year 1 300 LBS 0008AB All Over 300 LBS Year 1 50 LBS 0009 Fertilizer Year 2 0009AA First 300 LBS Year 2 300 LBS 0009AB All Over 300 LBS Year 2 50 LBS 0010 Fertilizer Year 3 0010AA First 300 LBS Year 3 300 LBS

0010AB All Over 300 LBS Year 3 50 LBS

0011 Fertilizer Year 4 0011AA First 300 LBS Year 4 300 LBS 0011AB All Over 300 LBS Year 4 50 LBS 0012 Fertilizer Year 5 0012AA First 300 LBS Year 5 300 LBS 0012AB All Over 300 LBS Year 5 50 LBS

TOTAL $

Offers shall complete the Binding Prices Bidding Schedule. The prices will be binding for the term of the contract, as a maximum price, that may be proposed on any task order under this contract.

These prices may be negotiated downward, with award of individual task orders, but may never exceed the maximum.

In addition to evaluating the price for award of the basic MATOC, the Binding Prices will also be evaluated for fairness and reasonableness.

NOTE 1: Offerors shall furnish unit prices for Item Nos. 0001 thru 0012 and their subline items. If the offeror fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF AN OFFEROR

OMITS BOTH THE UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY

ITEM, ITS PROPOSAL SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE INELIGIBLE

FOR AWARD.

NOTE 2: Any proposal may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of proposal, but the price for individual line items as well. Any proposal may be rejected if the prices for any line items or subline items are materially unbalanced (See FAR 14.404-2, Rejection of Individual Bids).

NOTE 3: The successful offeror is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. Each subsequent Task Order under this MATOC will also have a bid bond and performance and payment bond requirement. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

NOTE 4: The MATOC Pricing Schedule estimated quantities are for MRL seepage projects. It is anticipated that multiple Task Orders will be required for the MRL work and the work for these estimated quantities will not be complete under one contract.

NOTE 5: Year 1 is defined as an ordering period beginning on the date of award for a duration of 365 calendar days. This applies to all contracts awarded to the MATOC pool.

NOTE 6: RAPID VENDOR PAYMENT: Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPaymen t.aspx

The following provision is Task Order Specific

E VALUATION OF SUBLINE ITEMS (Dec 2019 - AFARS 5152.211-9000).

Item Nos. 0001 thru 0012 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of Clause)

The following provision is Task Order Specific

V ARIATIONS IN ESTIMATED QUANTITIES - SUBLINE ITEMS (Dec 2019) – AFARS 5152.211-9001).

This variation in estimated quantities clause is applicable only to item Nos.0001 thru 00012.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for item Nos. 0001 thru 0012 is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR)

52.211-18, VARIATION IN ESTIMATED QUANTITY.

(c) If the actual quantity of work performed under item Nos. 0001 thru 00012 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos.

NONE exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY.

(End of Clause)

Instructions, Conditions and Notice to Bidders

Section L – Instructions, Conditions and Notice to Bidders

PROPOSAL SUBMISSION:

1. INTRODUCTION

The term “offeror” is defined as a single offeror, joint venture, or team of offerors and major sub-contractors. Proposals submitted under a formal partnering agreement or joint-venture must be accompanied by a copy of the legal document establishing the agreement or joint venture.

Offeror's Responsibility. It is the offeror's responsibility to ensure the completeness and accuracy of his or her proposal. Corrections will not be made by the Government. Errors in the proposal will be considered, among other factors, as a reflection of the offeror's technical/management capability.

The written proposal will be the basis on which the Government will determine the capability of the Offeror to perform this work. The proposal shall be clear, specific, detailed, and demonstrate that the Offeror has a thorough understanding of the solicitation requirements and capability to execute. The proposal shall address all requirements specified in Section L.

In addressing the requirements of Section L, the proposal shall not merely offer to comply with the Government’s requirements by simply restating them, but shall specifically and thoroughly describe the means of accomplishment. Offerors must include sufficient details to permit a complete and accurate evaluation of each proposal. “Parroting” of the technical requirements with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform.

In addition to addressing the requirement of Section L, the proposal shall include a single statement that the Offeror has read, understood, and will comply with each requirement stated in the Performance Work Statement (PWS).

Proprietary information shall be clearly marked. Files shall not contain classified information.

The use of hyperlinks in proposals is prohibited and will be a basis for being declared non-responsive. The Offeror shall adhere to the proposal pages limitation.

In accordance with the Federal Acquisition Regulation (FAR 52.204-7(b)), prospective contractors are required to be registered in the System for Award Management (SAM) database at the time an offer is submitted. Prospective contractors may register at the SAM website, https://beta.sam.gov/

The proposal shall not merely offer to comply with the Government’s requirements by simply restating them, but shall specifically describe that the Offeror has a thorough understanding of the solicitation requirements. Statements such as “Offeror understands, can, or will comply the requirement listed in the Description of Work”, statements that paraphrase the Description of Work, or ambiguous phrases such as “standard procedures will be employed”, or “well known techniques will be used” will be considered unacceptable.

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 cost consciousness. Elaborate artwork, expensive paper or bindings, and expensive visual or other presentation aids (with the exception of technical drawings and figures) are neither necessary nor desired. The proposal shall contain all the pertinent information in sufficient detail in the area or proposal where it contributes most critically to the discussion. When necessary, the Offeror shall refer to the initial discussion and identify its location within its proposal.

Please see clauses FAR 52.203-2, Certification of Independent Price Determination and FAR 52.203-5, Covenant against Contingent Fees.

2. PROPOSAL SUBMISSION REQUIREMENTS

THE ONLY AUTHORIZED TRANSMISSION METHOD FOR PROPOSALS IN

RESPONSE TO THIS SOLICITATION IS THROUGH THE U.S. ARMY CORPS OF

ENGINEERS, NEW ORLEANS DISTRICT AND THE DoD SAFE (Secure Access File Exchange) website at:

https://safe.apps.mil/

NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL,

HAND CARRIED, ETC.) WILL BE ACCEPTED. INSTRUCTIONS FOR SUBMITTING

ELECTRONIC PROPOSALS:

The offeror’s proposal shall be submitted in digital copies, as set forth below. The proposal shall be received on or before the response date and time specified on the solicitation, or as amended on a SF30 (if applicable). Proposals shall be submitted according to the following: Electronic copies of the proposal shall be submitted to Anthony Maiore, via e-mail to:

Anthony.p.maiore@usace.army.mil, and, Ms. Sally A. Duncan, Sally.a.duncan@usace.army.mil, in a format that can be read and edited by Microsoft (MS) Word 2000, MS Excel 2000, MS Project 2000, and MS Power Point 2000 (or newer versions, thru MS Office 2013). Proposals too large for email submission may be transmitted by utilization of the DoD Safe Web Application.

The following are the steps to submitting proposals using DoD Safe:

1. Send Anthony Maiore, via e-mail to: Anthony.p.maiore@usace.army.mil, and, Ms. Sally A.

Duncan, Sally.a.duncan@usace.army.mil an email stating the email address you would like the DoD Safe link emailed to.

2. Once email is submitted, you will receive a DoD Safe web-link 5 to 7 days prior to closure of the solicitation to upload your proposal documents. (Be advised this link is only valid for 7 days).

3. After submission send Anthony Maiore, via e-mail to: Anthony.p.maiore@usace.army.mil, and, Ms. Sally A. Duncan, Sally.a.duncan@usace.army.mil an email to confirm submission. The Contract Specialist will then send a confirmation email to the potential offeror.

Creating a Drop-off (Non-Authenticated User or Guest) This type of drop-off allows a non-authenticated user (Guest) to upload a file that has been requested by an authenticated user. An authenticated user must first execute the "Request a Drop-Off" procedure to obtain a "Request Code" for external delivery to the non-authenticated user.

1. Click Drop-off

2. Enter Request Code (12 digits). This request code is sent to you by the requestor

3. Click "Next"

4. Add a short note to the Recipient

5. Click to Add Files or Drag and Drop them

6. Add a description to each file if necessary

7. Click "Drop-Off Files" to send the files to the recipient

8. Confirm the files do not contain classified information and click "Ok".

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The government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals.

Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

1. PROPOSAL SUBMISSION REQUIREMENTS:

Each volume must be submitted electronically. Each document within the file must be clearly labeled with its title. Contractor must sign the Standard Form 33.

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All documents must be single spaced. Each paragraph must be separated by at least one (1) blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are the required fonts and either one may be used. Page size shall be 8.5 x11 inches for text pages, and a maximum of 11x17 inches for spreadsheets, charts, tables or diagrams. An 11x17 is a two sheet equivalent (with regards to page count limitations). Pages larger than 8.5 x 11 inches shall count as two pages for determining page limits. Page margins must be a minimum of one inch at the top, bottom and each side. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape orientation.

The following volumes of material shall be submitted:

Volume Factor Page Limitation

I

Factor I Technical Approach

a) Subfactor I - Experience 40

b) Subfactor II - Management Approach 30

c) Subfactor III - Technical Approach - Sample Project

II Factor II Past Performance 25

III

Factor III - Price As required

a) Schedule of Prices (Sample Task Order) As required

b) Schedule of Prices Binding IDIQ Unit Prices As required

IV a) Completed SF 1442 As required

b) Certifications and Representations As required

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

Items NOT included in the page count for Volumes I, II, and III:

Title page, table of contents, list of tables and glossary of abbreviations & acronyms Tabs and divider pages

Items NOT included in page count of Volume I – Management/Technical Approach

The Organization Chart (each flow chart must not exceed three (3) 11x17 inch pages) The Organization Chart will not count towards the overall Volume I page count and must be added as an Appendix to Volume I.

Letters of Intent provided by Subcontractors Letters of Commitment of Key Personnel – Superintendent, Quality Control Manager and

Safety Manager Resumes of Key Personnel

Items NOT included in page count of Volume II – Past Performance

Past Performance Questionnaires

PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and Request for Proposal (RFP) number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

b. File Packaging. Files shall be in read-only format, using PDF files. All price breakdown information to aide in the cost/price evaluation shall be submitted in Microsoft Office Excel Read/Write format and viewable in Microsoft Excel 2007. *Please note – Self extracting exe files are not acceptable.

c. Content Requirement. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion.

The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

(i) VOLUME I – Technical Approach: Offeror’s shall submit their Technical Proposal following the format below. Proposals not conforming to this format may not receive as high an evaluation as a properly formatted proposal would because the information is not as easily located, extracted and analyzed by the Government. Conformance with request format for a proposal demonstrates ability to follow directions and understand requirements. This is the largest section and it shall be subdivided as appropriate. NO PRICE INFORMATION SHALL BE PROVIDED IN VOLUME I. Volume 1 must contain the following:

Sub-factor A – Experience

The offeror shall provide experience in self-performing levee construction meeting the following criteria for each project listed. If the Offeror is a Joint Venture (JV), at least one (1) or a combination of the JV partners must provide the requested information): The offeror shall provide a minimum of three (3) to a maximum of five (5) contracts and/or efforts demonstrating relevant experience within the past ten (10) years that is of same or similar scope, complexity and magnitude (a minimum of $2M) to the work described. Projects must be at least 70% completed to be considered.

Additionally, the Offeror shall identify each significant subcontractor (significant subcontractor meaning a subcontractor responsible for 30% or more of the performance required) planned to be utilized and shall provide a minimum of one (1) to a maximum of three (3) contracts and/or efforts within the past ten (10) years that is of the same or similar scope, complexity and magnitude (a minimum of $2M) to the work described. If no significant subcontractors will be utilized, please indicate that in the proposal.

Sub-factor B – Management Approach

Key Personnel - Provide an organization chart to include key personnel in the disciplines listed below:

1) Superintendent

2) Quality Control Manager

3) Safety Manager

Proposals must provide a description of previous experience on projects of similar complexity for the key personnel to be assigned to this contract. The proposal must also identify why the key personnel proposed are best qualified by addressing their knowledge, skills, security clearances, education, and experience. Include resumes and commitment letters for Key Personnel listed above. Resumes shall address each individual’s current and past job experience. Letters of Commitment must be an attachment and must be signed by the individual of the resume submitted. The commitment letter must demonstrate that the key personnel understand the commitment, will accept the employment, and the understanding that this commitment is for the duration of the contract. Resumes nor commitment letters will count towards the Volume 1 page count.

The offeror must utilize the key personnel proposed if awarded the contract. Substitution of any key personnel will require prior approval of the Contracting Officer after contract award.

Management Plan - The offeror must describe its plan to manage on- and off-site support personnel without Government interference throughout the period of performance. The offeror must include a description of quality control processes and procedures planned (to include any certifications and quality management systems used), as well as the quantitative metrics intended, to execute and monitor compliance with contractual requirements. The plan must include a description of the offeror’s mitigation plan to address assigning personnel by the Notice to Proceed date, the unavailability of equipment and disposal sites, surge requirements, and poor performance. Offerors shall also provide a detailed plan for material placement, source of borrow, type equipment used, etc., and a description of the means and methods intended to be used to accomplish the work described. Other contractor personnel involved in the potential administration of the construction project

(i.e. owner, project/construction managers, submittal clerks, etc.) shall also be included in the management plan but will not be considered as key personnel.

Sub-factor C – Technical Approach – Sample Project

The Offeror shall provide a technical proposal for the sample project provided in attachment H.

This proposal shall NOT include any pricing information. All pricing information shall be included in Volume 3 – Price.

(ii) VOLUME II – FACTOR II – PAST PERFORMANCE

Offerors shall submit up to five (5) government and/or commercial contracts completed during the past ten (10) years from issue of the RFP for the prime offeror and up to three (3) for each significant subcontractor (significant subcontractor meaning a subcontractor responsible for 30% or more of the performance required) that are relevant to the efforts required by this RFP. Past Performance Questionnaire. PPQs are NOT counted towards the page count for Volume II.

PPQs are limited to 10, as chosen by the offeror. For all contracts identified in Section 1, Contract Descriptions, no more than 10 Past Performance Questionnaires must be completed and submitted. Contracts with completion dates prior to ten (10) years from the date of the issuance of the RFP will not be considered. This date applies to all task orders resulting from an IDIQ.

Offerors may submit past completed PPQs and CPARs. Offerors must not incorporate by reference into their proposals PPQs previously submitted for other RFPs. CPARs cannot be used in place of a PPQ. The offeror must complete Part I of the Past Performance Questionnaire and the client or technical representative responsible for the past contract will complete Part II and provide the completed form to the offeror. The POCs must be instructed to electronically complete Part II of the questionnaire and provide back to the offeror. Completed Past Performance Questionnaires must be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment), 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.

The Government may consider a wide array of information from a variety of sources, but is not compelled to rely on all of the information available.

In addition, letters of commitment must be included for all major subcontractors for their past performance to be considered. The letters of commitment from major subcontractors are not counted towards the page count for Volume II. This volume must be organized into the following sections:

(1) Section 1 - Contract Descriptions. This section must include the following information in the following format.

(a) Contractor/Subcontractor place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

(b) Government contracting activity, and current address, Procuring Contracting Officer’s name, e-mail address, telephone and fax numbers.

(c) Government’s technical representative/COR and current email address, telephone and fax numbers.

(d) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone and fax number.

(e) Government contract administration activity’s Pre-Award Monitor’s name, and current e-mail address, telephone and fax numbers.

(f) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers.

(g) Contract Type (specific type such as Fixed-Price (FP), Cost Reimbursement (CR), Time & Material (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc.).

(h) Awarded price/cost.

(i) Final or projected final price/cost.

(j) Original delivery schedule, including dates of start and completion or work.

(k) Final or projected final, delivery schedule, including dates of start and completion of work.

(2) Section 2 – Performance. Offerors must provide a specific narrative explanation of each contract listed in Section 1, Contract Description, describing the objectives achieved and detailing how the effort is relevant to the requirement of this RFP.

For any contracts that did not/do not meet original schedule or technical performance requirements, provide a brief explanation of the reason(s) for the shortcomings and any corrective action(s) taken to avoid recurrence. The offerors must list each time the delivery schedule was revised and provide an explanation of why the revision was necessary. All Requests for Deviation and Requests for Waiver must be addressed with respect to causes and corrective actions. The offerors must also provide copy of any Cure Notices or Show Cause Letters received on each contract listed and a description of any corrective action implemented by the offeror or proposed subcontractor. The offerors must indicate if any of the contracts listed were terminated and the reasons for the termination.

(3) Section 3 – New Corporate Entities. New corporate entities may submit data on prior contracts involving its officers and employees. However, in addition to the other requirements in this section, the offeror must discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. Letters of Commitment must be included in the proposal for these employees in order to be considered.

(4) Past Performance Questionnaire. PPQs are NOT counted towards the page count for Volume II. PPQs are limited to 10, as chosen by the offeror. For all contracts identified in Section 1, Contract Descriptions, no more than 10 Past Performance Questionnaires must be completed and submitted. Contracts with completion dates prior to ten (10) years from the date of the issuance of the RFP will not be considered. This date applies to all task orders resulting from an IDIQ. Offerors may submit past completed PPQs and CPARs. Offerors must not incorporate by reference into their proposals PPQs previously submitted for other RFPs.

CPARs cannot be used in place of a PPQ. The offeror must complete Part I of the Past Performance Questionnaire and the client or technical representative responsible for the past contract will complete Part II and provide the completed form to the offeror. The POCs must be instructed to electronically complete Part II of the questionnaire and provide back to the offeror.

Completed Past Performance Questionnaires must be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment), 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.

(5) If applicable, include information on organization structure change history that occurred in the past ten years, or a joint venture resulting in a different company name. Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant past efforts or between conclusion of recent past efforts and this source selection.

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.

(iii) VOLUME III – FACTOR III – PRICE:

Offerors shall submit the Price proposal in the following format:

A cover sheet with the offeror’s name, the volume number, and the solicitation number. The second sheet shall be an index/table of contents.

Price proposals shall consist of the following basic components:

• Price Proposal for Sample Task Order – Section 00010 – Schedule of Prices

• BINDING IDIQ Unit Prices – Section 00010 – Schedule of Prices

Volume IV shall consist of all information required to support the offered price. Certified cost and pricing data are not currently required, however, the Government reserves the right to request such data prior to award. No pricing information shall be contained in any other volume of this proposal.

(v) VOLUME IV – Solicitations, Offer and Award Documents and Certifications and Representations

Standard Form 1442 Solicitation, Offer and Award an all amendments, Certifications and Representations and Other Statements of Offers. Additionally, a list of authorized negotiators shall be included in this volume.

Certifications and Representations – Offerors must be registered in, and will be required to complete Online Representations and Certifications in the System for Award Management (SAM) in order to be awarded a contract. The SAM registration process may be accessed at the following link: https://www.sam.gov. Please refer to Section 00600 for specific solicitation provisions and instructions.

4. DISCUSSIONS

1. General Information

In accordance with FAR 15.306(d), discussion sessions with each offeror may be held within the determined competitive range. Should discussions take place, all offerors in the competitive range will be allowed a minimum of seven (7) calendar days to submit Final Proposal Revisions. It is noted the Government may award without discussions.

2. Discussion Scheduling

If discussions are conducted, the Contracting Officer will schedule the discussion sessions, and each offeror will be notified in writing of the time and place at least three (3) business days prior to their discussion session. Appropriate security clearance should be provided by the offerors in sufficient time to process the requests. The Contracting Officer will provide additional instructions with the notification. The discussion sessions will take place by the method of the Government’s choosing.

5. RELATIONSHIP OF ACCEPTED PROPOSAL CONTENT TO THE CONTRACT

REQUIREMENTS. By submission of an offer pursuant to this solicitation, the offeror agrees that the capability presented in the proposal becomes a contract requirement upon award of a contract. No changes, substitutions, or deviations, from the accepted proposal may be made without the approval of the Contracting Officer. You, as the offeror, agree that the explicit capability presented in your proposal shall be provided under this contract at the stated price.

Evaluation Factors for Award

Section M – Evaluation Factors for Award

1. BASIS FOR AWARD

The award will be made based on the Best Value – Tradeoff process described in FAR Part 15 with consideration given to the three (3) evaluation factors: Factor 1 -Technical Approach (Subfactor 1 - Experience; Subfactor 2 - Management Approach, Subfactor 3 - Technical Approach for Sample Task Order); Factor 2 - Past Performance and Factor 3 – Price.

Award will be made to the responsible Offeror whose offer represents the best value to the Government, in consideration of all factors. The basis for award will be an acceptable proposal, the price of which may not be the lowest. However, if the award is not based on the lowest price, the proposal must be more advantageous than the lowest priced proposal so as to justify the payment for additional costs.

The Government will select for award the proposal that is most advantageous and represents the best overall value to the Government. Offerors are cautioned that the award may not necessarily be made to the lowest price offered.

RELATIVE ORDER OF IMPORTANCE OF FACTORS

Factor 1 – Technical Approach is approximately equal to Factor 2 - Past Performance, and when both the Factor 1 – Technical Approach and Factor 2 - Past Performance are combined, they are approximately equal to Price. The Factor 1 – Technical Approach sub-factors are approximately equal to each other. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical factor (to include all sub-factors). Offerors will be cautioned that the award may not necessarily be made to the lowest price offered.

RELATIVE ORDER OF IMPORTANCE OF FACTORS

FACTOR Relative Importance to Other Factors

Sub-Factor Relative Importance

I. Technical Approach More important than factor II A is equal to B is equal to C

II. Past Performance More important than factor III

III. Price When combined, the non-priced factors are approximately equal to…

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