B.08 7N23R0007 TDA Lamprey Solicitation and Specifications.pdf

SOLICITATION

W9127N23R0007

The Dalles Dam Klickitat County, Washington

The Dalles Fish Accords Lamprey

Project Manual

TOC-1

TDA FISH CCORDS LAMPREYA THE DALLES KLICKITAT

COUNTY, WASHINGTON

TABLE OF CONTENTS

00 10 00 SOLICITATION, OFFER, AND AWARD FORM (SF 1442)

00 10 00 SOLICITATION

00 21 16 INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

GENERAL AND TECHNICAL SPECIFICATION REQUIREMENTS

ATTACHMENTS

A1: Submittal Register (ENG Form 4288-R)

A2: Transmittal Form (ENG Form 4025-R)

A3: Construction Project Identification Sign

A4: Spill Emergency - Initial Report Form

A5: Davis Bacon Wage Rates

A6: The Dalles Lock and Dam Boat Restriction Zone Policy

A7: Hazardous Energy Control Program

00 72 00 GENERAL CONDITIONS

00 20 00 INSTRUCTIONS FOR PROCUREMENT

TDA Fish Accords Lamprey The Dalles

Klickitat County, Washington

The estimated magnitude of construction is betw een $1,000,000 and $5,000,000

Set-aside: 100% small business set-aside

The North American Industry Classif ication System (NAICS) code for this action is 237990; Other Heavy and Civil Engineering Construction w ith a small business size standard of $45M.

ARAGON N LIEBZEIT 503-808-4609

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

28-Apr-2023

(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 _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 May 2023 (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 offers 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 _______120 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, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (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:

W9127N23R0007 63

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 00 10 00 - Solicitation

SCHEDULE OF ITEMS

TDA Fish Accords Lamprey The Dalles

Total Price for All Contract Line Items

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Mobilization/Demobilization

1 Job

Mobilizing and demobilizing all trailers, plant, equipment, fuel, supplies, materials, and personnel to and from the job site. This Contract Line Item Number (CLIN) applies to the Prime Contractor and all subcontractor mobilization and demobilization.

Funded:

0002 Guide Slot Plate

Covers

All labor, equipment, materials, parts, and incidentals for the fabrication and installation of guide slot plate covers and weir lifting beam modifications as depicted in the Structural drawings

0003 Concrete Pad and Bollard Installation

All labor, equipment, materials, parts, and incidentals for the installation of the concrete pad and bollards for the lamprey collection box as depicted in the Structural drawings.

00 10 00-3

0004 Lamprey

Passage System

All labor, equipment, materials, and incidentals required for fabrication, delivery, and installation of the lamprey passage system and supports.

0005 Lamprey Water

Supply Piping

All labor, equipment, materials, and incidentals required for fabrication and installation of the lamprey passage system water supply piping and supports.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 23-AUG-2024 1 THE DALLES PROJECT

USACE PORTLAND DISTRICT THE

DALLES DAM INTERS

XIT 88

THE DALLES OR 97058-9998

FOB: Destination

G2R1D00

0002 23-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

0003 23-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

0004 23-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

0005 23-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

00 10 00-4

Section 00 20 00 - Instructions for Procurement

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

00 20 00-1 http://www.sam.gov/

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

00 20 00-2 http://www.sam.gov/ https://www.sam.gov/

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

3.8% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Klickitat County, Washington.

00 20 00-3

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be

00 20 00-4 cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers Attn: Mr. Clinton Jacobsen Contracting Officer PO Box 2946 Portland, OR 97208

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- May 15, 2023 at 11am PT

(c) Participants will meet at-- The Oregon entrance gate (I-84 Exit 88).

(d) Additional site visit requirements--

00 20 00-5

1. Prospective offerors must provide name(s), company information, and contact information for each attendee. Provide the following information no later than 3pm PT on May 5, 2023 to Aragon.N.Liebzeit@USACE.ARMY.mil:

NAME:

COMPANY NAME:

PHONE NUMBER:

EMAIL:

2. The following safety gear is required at the site: steel toed boots, hardhats, safety vests, and safety glasses.

3. Everyone must have picture identification on his/her person while at the project site. There can be no substitutions of one individual for another. If an individual arrives at the site visit without having emailed ahead of time and/or without picture identification, that individual may not be allowed on the project. All attendees must be U.S. Citizens.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/browse/index/far Army Federal Acquisition Regulation Supplement: https://www.acquisition.gov/afars Defense Federal Acquisition Regulation Supplement: https://www.acquisition.gov/dfars

SPECIAL CONTRACT REQUIREMENTS

Special Contract Requirements:

FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.

5000 C may not be included in the contract price or reimbursed.

00 20 00-6 mailto:Aragon.N.Liebzeit@USACE.ARMY.mil https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/afars https://www.acquisition.gov/dfars

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W9127N23R0007 Line 7 “Name and address of the acquiring agency”: Portland District, 333 SW 1st Avenue, STE 10, Portland, OR, 97204

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14.

Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application.

The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

00 20 00-7

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

00 20 00-8

Section 00 21 16 - Instructions to Proposers

PROPOSAL INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bid at https://www.projnet.org/projnet/.

Telephone and email inquiries will not be accepted. ProjNet-Bid is a web-based program that allows offerors to post questions regarding the solicitation, and to view all questions by other offerors, and answers by the U.S. Army Corps of Engineers.

No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All offerors will be held to have reviewed the questions and responses in ProjNet –Bid prior to offer submission. Nothing in the solicitation is changed unless an amendment is issued via Contract Opportunities at SAM.gov.

The Bidder Inquiry Key for this solicitation is: GEZ6H7-PG276A

To access the ProjNet-Bid website the first time:

1) Register.

2) Click Quick Add Key. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key for this solicitation Valid business contact information

Submit questions or review questions and answers. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

For questions about the ProjNet-Bid, access the help tab on the ProjNet website.

BASIS FOR AWARD

1. BASIS FOR AWARD

A. General

(1) This is a total small business set-aside competitive acquisition using Best Value Tradeoff (BVTO) source selection procedures. The Government intends to award a single, firm-fixed-price construction contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the evaluation factors in the solicitation. Offerors shall submit a technical proposal and a price proposal. The evaluation results of the non-price technical and price proposals will determine an awardee. All non-price factors are approximately equal in importance. All technical evaluation factors other than cost or price, when combined, are significantly more important than price. The Government reserves the right to accept other than the lowest-priced offer or to reject all offers.

(2) The Government intends to make an award without discussions but reserves the right to conduct discussions should discussions prove to be necessary or advantageous to the Government. If discussions are conducted, the Procuring Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals pursuant to FAR 15.306(c)(2). Because the Government does not intend to hold discussions, offerors are encouraged to include their best pricing in their initial proposal.

(3) All proposals received will stand alone and be considered complete and final. The Government will not consider any information or data incorporated by reference or otherwise referred to. The successful

00 21 16-1 https://www.projnet.org/projnet/ offeror will be selected solely on the basis of the evaluation factors set forth below. Elaborate proposals, color brochures, and other excesses are discouraged.

(4) Joint Ventures (JV). A joint venture is defined as follows: a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements such as “teaming agreements” or “strategic alliances,” which are not recognized as bona fide joint ventures for the purposes of this solicitation. A company that is part of a joint venture shall submit a legally binding joint venture agreement. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. If submitting a proposal as a joint venture, the experience and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Page and project form limits apply to the joint venture as a whole. Prospective offerors that submit proposals may not change their firm (including Letters of Commitment (LOC) and proposed subcontractors) or their Joint Venture firms, if selected to submit Final Proposal Revisions (FPR).

Affiliate companies, sister companies, teaming arrangements, joint venture agreement, etc., will be considered provided that sufficient documentation is included in the proposal. The primary offering entity must demonstrate that the affiliate will perform significant and critical aspects of the contract if awarded. Documentation includes a copy of the signed arrangement such as documented affiliation, a copy of the teaming agreement, a copy of the joint venture agreement, etc.

If subcontractor experience is submitted for consideration as part of the proposal, the offeror should include a commitment signed by offeror and subcontractor certifying that if a contract is awarded resulting from the proposal, the parties commit to joint performance as proposed. If the signed commitment is not fully executed by both parties and provided with the Past Performance Proposal, subcontractor references will not be evaluated or considered.

The Government recognizes that completion of a project is often a team effort. Thus, offerors may submit past performance information for any major subcontractor proposed to be used to help demonstrate that the team they select to perform this project has a complete record of past performance. Per FAR 15.305(a)(2)(iii), a “major subcontractor” is a subcontractor that the offeror proposes to perform 25% or more of the work required under the solicitation.

(5) The successful offeror will be selected solely on the basis of the evaluation factors set forth below.

Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. The offeror’s technical proposal will be incorporated into the awarded contract.

2. SUBMISSION OF PROPOSALS AND EVALUATION

A. Administrative Details and General Instructions: Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442.

(1) General Proposal Format: The proposal shall be in electronic Portable Document Format (PDF), filename extension “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the proposal table of contents.

Title Page: Each copy must include the offeror’s name and address, phone number and email address, unique entity identifier (UEI) generated by SAM.gov, title of the solicitation, solicitation number and date of submittal clearly identified on the front cover.

00 21 16-2

Table of Contents: Each volume of the proposal shall contain a detailed and complete table of contents.

Submissions: PDF pages containing text are expected to be 8 ½ x 11 inches with at least one-inch margins at the top, bottom, and both sides. Paragraphs should be separated by at least one blank line. A standard 11-point font in either Arial or Times New Roman is required. The use of hyperlinks in proposals is prohibited.

Organization charts or schedules: An 11” x 17” PDF format may be used. Larger format drawings or tables may also be used.

All information must be confined to the appropriate volume. Each volume of the proposal is expected to contain a table of contents, summary section with a brief abstract of the volume, and the narrative discussion.

(2) Proposal Content Limitations.

The offeror must confine the proposal to relevant information and documentation sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal. The page count is at the discretion of the offeror; however, the proposal may not be more than 25 typewritten (single page only) pages total. The 25-page limit does NOT include past performance information submitted under Factor 1.

Evaluation of the non-price factors will end on the 25th page submitted.

Extraneous information provided in the proposals will not be considered in the evaluations; therefore, the offeror should only provide information that satisfies the solicitation requirements. Merely restating the specifications without sufficient elaboration demonstrates a lack of understanding of the requirement.

DO NOT cross reference past performance information. It is acceptable to repeat data, project information or experience in more than one non-price area as long as it satisfies the requirements of the factor.

Proprietary information must be clearly marked.

B. Content of Proposals: All proposals must be prepared in two volumes: A technical proposal (Volume I) and a price proposal (Volume II). Each of the volumes shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal (Volume I) must not contain reference to price. The narrative and content structure of the proposal shall follow the format shown under Volume I below. Offerors that fail to submit a complete proposal may be excluded and thus receive no further consideration for award.

(1) Technical Proposal, Volume I: Provide one electronic proposal in Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader. Volume I shall consist of information for both factors, listed in tabular form, as noted below. Repeating or restating the specifications without sufficient elaboration will be determined to show a lack of understanding of the requirement.

Volume I – Technical (Non-Price) Factor:

Tab 1 – Factor 1 – Past Performance Tab 2 – Factor 2 – Work Plan

(2) Price Proposal, Volume II: Provide one electronic proposal in Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader of a complete

00 21 16-3 and detailed Price Proposal on the forms provided in the solicitation. Provide pricing and complete all line items on Standard Form 1442 (SF 1442). The price proposal must be prepared in accordance with the following and must include:

Tab 1 – SF1442, Solicitation, Offer, and Award:

The SF1442 shall be filled out completely by the offeror and signed by an official that is authorized to legally bind the company. The offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30 (SF 30) or Block 19 of the SF1442.

Tab 2 – Section 00 10 00, Proposal Price:

The offeror shall fully complete this section legibly.

Tab 3 – Representations, Certifications, and other Statements of Offerors:

The offeror shall complete all representations and certifications in Section 00 45 00 and also ensure current registration and completed/updated Annual Representations and Certifications at the System for Award Management (SAM) website, www.sam.gov.

Tab 4 – Banking and Bonding Points of Contact:

The Government is required to determine Contractor responsibility; the offeror shall provide contact information (company name, point of contact, address, email, and phone number) for the offeror’s bank and bonding institutions.

Tab 5 – Bid/Offer Guarantee: The Bid Bond shall be at least 20% of the bid/offered price but shall not exceed $3 million. See FAR 52.228-1 – Bid Guarantee.

Submission of Proposals: Proposals are due no later than the time and date established in Block 13, SF 1442. There will not be a public proposal opening.

Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable. Proposals received after the date and time in block 13A of the solicitation will be considered late and will not be considered for award.

Offeror shall submit its proposal via email to:

• Aragon Liebzeit, Aragon.N.Liebzeit@usace.army.mil; and

• Clinton Jacobsen, Clinton.M.Jacobsen@usace.army.mil

Offerors should enter a description for every file submitted. For files over 20 megabytes (MB) the offeror shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e., “one of four”). Once all the emails submitted have been received, the Government will confirm receipt via return email. If an offeror submits multiple proposals, the Government will only consider the last proposal submitted prior to the due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e., offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus-free. Proposals, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, 00 21 16-4 http://www.sam.gov/ mailto:Aragon.N.Liebzeit@usace.army.mil mailto:Clinton.M.Jacobsen@usace.army.mil when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

3. EVALUATION FACTORS

B. Definitions

The Government will use the following definitions when evaluating proposals:

Deficiency: A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

Significant Strength: An aspect of an Offeror's proposal with appreciable merit or will exceed specified performance or capability requirements to the considerable advantage of the Government during contract performance.

Significant Weakness: in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

Strength: An aspect of an Offeror’s proposal with merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

Uncertainty: is any aspect of a non-cost/price factor proposal for which the intent of the offer is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake).

Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

See FAR 15.001.

FACTOR 1 (TAB 1) – Past Performance

Submission Requirements:

The offeror shall submit information for three complete or substantially complete projects that demonstrate the offeror’s past performance performing projects similar in size, scope, and complexity to the work required by this solicitation. Each project must be completed or be substantially completed not more than ten (10) years before the solicitation issue date.

• “Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission.

• If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete.

• If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

A maximum of three projects will be evaluated: If an offeror disregards these instructions and submits more than three projects, only the first three projects will be evaluated. Offerors should 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.

For each project submitted, the offeror shall provide:

• Project description and information using the information outlined in Attachment A, Offeror’s

Experience Form. The offeror must address all items included on Attachment A (no

00 21 16-5 more than two (2) pages per project). The “Offeror Experience Form” may also be used for major subcontractor experience.

• Instructions on the use of major subcontractor experience: Offerors may use the experience of major subcontractors to demonstrate experience. A “major subcontractor” is a subcontractor that the offeror proposes to perform 25% or more of the work required under the solicitation. If the offeror submits experience of a major subcontractor, the offeror must submit a letter of commitment from the subcontractor on the letterhead of the firm to be subcontracted. The letter of commitment must be signed by an individual with the authority to legally bind the firm from the offeror and from the subcontractor that proposed to perform the work. If a letter of commitment is not submitted, the experience will not be considered.

• 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 Form PPQ-0 in Attachment B.

o 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 shall be submitted directly to the Government's point of contact, Aragon Liebzeit, via email at Aragon.N.Liebzeit@usace.army.mil prior to proposal closing date. The offeror shall instruct the clients to refer to the solicitation number in the subject line.

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.

o Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other procurements. However, this does not preclude the Government from utilizing previously submitted past performance information in the past performance evaluation.

o Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

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 CPARS, using all UEI, Commercial and Government Entity Code (CAGE), and Data Universal Numbering System (DUNS) numbers of team members (partnership, joint venture, major subcontractor, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), 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.

00 21 16-6 mailto:Aragon.N.Liebzeit@usace.army.mil

Past performance information retrieved through PPIRS, CPARS, or other sources are not subject to the same evaluation criteria but will instead be reviewed for recent negative performance, trends of negative performance, and any other performance information that may negatively impact the offeror’s Confidence rating.

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.

Offerors may provide explanation on problems encountered on past projects, whether the project was submitted by the offeror or is a project that the offeror did not submit but for which there is a CPARS evaluation, and the corrective actions taken by the offeror.

A firm will not receive credit under this factor for past performance of key personnel proposed for this project. An offeror may receive credit for relevant experience under a previous business arrangement (ex.

joint venture) if the offeror demonstrates that their role on the submitted project is relevant to their proposed role on this project. If the offeror is a joint venture, each firm of the joint venture shall provide information, demonstrating experience relevant to their role on this requirement. Clearly identify the role and responsibilities of each joint venture partner. Offerors who submit experience information of a parent, sister or other affiliated company must describe what involvement such company will have on the instant acquisition. The offeror shall provide a one (1) page narrative that clearly and specifically indicates what resources of the parent, sister or other affiliated company – its workforce, management, facilities, or other resources – will be provided or relied upon for contract performance. The Government may discount the experience of a parent, sister or other affiliated company unless the prime contractor clearly provides evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the parent, sister or other affiliated company or provides a Meaningful Relationship Commitment Letter including the following:

1. A statement of commitment as to the performance and utilization of the…