B.08 Solicitation (W9127N24B0008) - BN1ME24_SPECS_ADVERTISE.pdf

SOLICITATION

W9127N24R0008

Bonneville Lock and Dam Cascade Locks, Multnomah, Oregon

POWERHOUSE 1 METERING ENHANCEMENT

Project Manual

TOC-1

BONNEVILLE LOCK AND DAM

POWERHOUSE 1 METERING ENHANCEMENT

CASCADE LOCKS, MULTNOMAH, OREGON

TABLE OF CONTENTS

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

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

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: Hazardous Energy Control Plan

00 72 00 GENERAL CONDITIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

00 10 00 SOLICITATION, OFFER, AND AWARD FORM (SF 30)

PROJECT TITLE: Bonneville Dam Metering Enhancements

LOCATION: Multnomah County, Oregon

MAGNITUDE OF CONSTRUCTION: $1,000,000 to $5,000,000

SOCIO-ECONIMIC CONSIDERATIONS: SOCIO-ECONOMIC: Full and Open Competition - In accordance w ith Federal Acquisition Regulation 19.1307, this project requires the HUBZone 10% price evaluation.

NAICS: 238210 "Electrical Contractors and Other Wiring Installation Contractors" The related size standard is $19M

ANDREW J SPRYS 503-808-4616

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

23-May-2024

(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 ________210 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 ______________24 Jun 2024 (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 _______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

11:00 AM (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:

W9127N24R0008 58

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 SF 30 - Block 14 Continuation Page (SF 30)

PROPOSAL TOTAL

Total ITEM No’s 0001 – 0003 $_______________________________

SF 30-3

Section 00 10 00 - Solicitation

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Mobilization &

Demobilization

1 Job

- See Measurement and Payment in the specifications. Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0002 Installation of

Structural Supports -

1 Job

- See Measurement and Payment in the specifications. Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0003 Installation of

CT's and PT's 1 Job

- (Current Transformers) and (Potential Transformers) on top of structural supports. See Measurement and Payment in the specifications.

Funded:

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 210 dys. ADC 1 BONNEVILLE LOCK & DAM PROJECT

USACE PORTLAND DISTRICT

BONNEVILLE LOCK AND D

CASCADE LOCKS OR 97014-0150

FOB: Destination

G2R1P00

0002 210 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination

G2R1P00

00 10 00-4

0003 210 dys. ADC 1 (SAME AS PREVIOUS LOCATION) FOB: Destination G2R1P00

00 10 00-5

Section 00 21 00 - Instructions

BIDDER INQUIRY INFORMATION

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Telephone and email inquiries will not be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bidsm can be accessed through ProjNetsm at https://www.projnet.org/projnet/. To access the ProjNet-Bidsm website the first time:

1) Click the Bid tab

2) Click Bidder Inquiry. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key: 3S7QY2-6IZKHZ

Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only)

Establish secret question and answer which will be used as a password. (required on first project only)

4) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bidsm Module.

5) Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

6) For a specific step-by-step for POSTING YOUR INQUIRIES, is available in the Reference link on the Contract Viewer.

7) For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bidsm questions can also be emailed to the helpdesk at staff@rcesupport.com. No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

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.

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, 00 21 00-1 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: W9127N23R0006 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.

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.

BASIS FOR AWARD

A. General.

(1) This solicitation is full and open to all business including small businesses and socioeconomic categories. 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 and price proposals will determine an awardee. All non-price factors are equal in importance. All evaluation factors other than price, when combined, are significantly more important than price.

00 21 00-2

(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. Because the Government does not intend to hold discussions, offerors are encouraged to include their best pricing in their initial proposal.

(3) In the context of this proposal, the “offeror” refers to the proposed prime contractor.

(4) All proposals received will stand alone and be considered complete and final. The evaluation board will not consider any information or data incorporated by reference or otherwise referred to. The successful offeror will be selected solely on the basis of the evaluation factors set forth below. Elaborate proposals, color brochures, and other excesses are discouraged.

(5) 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 alliance” 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).

(6) 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.

5. 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, 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, title of the solicitation, solicitation number and date of submittal clearly identified on the front cover.

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.

(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.

00 21 00-3

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.

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 (1) electronic proposal in Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader. Volume I shall consist of information for the one (1) factor, 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) Factors:

Tab 1 – Factor 1 – Past Performance

Tab 2 – Factor 2 – Small Business Commitment Document

(2) Price Proposal, Volume II: Provide one (1) electronic proposal in Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader of a complete 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 bind the company. The offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30 or Block 19 of SF1442.

Tab 2 – Section 00 10 00, Proposal Price / Bid Schedule.

The offeror shall fully complete this section.

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 on 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’s 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 price but shall not exceed $3 million. See FAR 52.228-1 – Bid Guarantee. Submit one (1) scanned copy of the completed Bid Bond, Standard Form 24. Corporate sureties must appear on the list contained in the Department of Treasury list at: https://fiscal.treasury.gov/surety-bonds/list-certified-

00 21 00-4 companies.html. This item is not rated. However, the Government will review the bid bond for legal sufficiency. Any bid bond found to be legally insufficient may render an offer ineligible for award.

Tab 6 – Subcontracting Plan Must conform to Small Business Commitment Document and follow template provided as an Attachment to the Solicitation.

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 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 Andrew Sprys, Andrew.J.Sprys@usace.army.mil, and Cory Pfenning, Cory.R.Pfenning@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.

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

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, when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

6. EVALUATION FACTORS

Definitions

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

Strength. An aspect of an offerors’ proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an offerors’ proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

00 21 00-5

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

Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror 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).

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “PPIRS” or “FAPPIS.”

Clarification. Limited exchanges between the Government and the offerors that may occur when award without discussions is contemplated. No proposal revisions are allowed.

Discussions. Exchanges between the Government and the offerors that are undertaken with the intent of allowing the offeror to revise its proposal.

Volume I – Technical (Non-Price) Submission Requirements and Evaluation Method:

Tab 1 – Factor 1 – Past Performance

Submission Requirements:

The offeror must submit information for up to 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. No more than three projects will be evaluated. Each project must be completed or be substantially completed not more than seven (7) 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 for consideration in arriving at a Confidence rating.

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.

FACTOR 1 (TAB 1) – Past Performance

Submission Requirements:

The offeror shall provide past performance information for up to three complete or substantially complete projects that demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by the solicitation. A recent project is defined as a project completed or substantially completed within the past seven (7) years from 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.

00 21 00-6

A maximum of three (3) 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.

Instructions on the use of subcontractor past performance: Offerors may use the past performance of subcontractors. If the offeror submits past performance of a 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 authorized individual from the subcontractor that is proposed to perform the work. If a letter of commitment is not submitted, the past performance will not be considered.

*For each project, submit the following information:

Information outlined in Attachment A, Offeror Experience Form. The offeror must address all items included in Attachment A. The project description for each project shall not exceed five pages.

A completed Contractor Performance Assessment Reporting System (CPARS) evaluation, if a completed CPARS evaluation is available.

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

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

o Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Cory Pfenning, via email at Cory.R.Pfenning@usace.army.mil prior to proposal closing date. The offerors 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.

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.

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 the PPIRS (Past Performance Information Retrieval System) including CPARS, using all CAGE/DUNS (Commercial and Government Entity Code/Data Universal Numbering System) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases, telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

00 21 00-7

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

Evaluation Method:

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

There are three aspects to the past performance evaluation: recency, relevancy (including text of data), and quality (including general trends in contractor performance and source of information).

The first aspect is to evaluate the recency of the offeror’s past performance. For this solicitation, recent projects are those completed or substantially completed (as defined above) within seven (7) years of the solicitation issue date.

The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the work required by the solicitation. There are four levels of relevancy as shown in the table below.

PAST PERFORMANCE RELEVANCY

RATING DESCRIPTION

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

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

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

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

In assessing the relevancy of the offeror’s past performance, the Government will consider the following:

The extent to which the Offeror’s past projects involved the following major features of work:

o Structural Installation:

Switchyard or substation experience o Electrical Installation:

Substation instrumentation transformers, rated at 115kV or greater.

Substation tubular bus demolition and installation High voltage electrical work, see ANSI C84.1-2020 for high voltage definition

More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

The third aspect of the past performance is to determine how well the offeror performed on its past performance projects. If any performance issues are identified, the Government will consider the number, type and severity of the problems and effectiveness of corrective actions taken.

Based on a consideration of those three aspects for each project, the Government will assign a final Performance Confidence Assessment Rating for this factor. The Government will review the past performance information and determine the quality and usefulness as it applies to performance confidence assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings using the table below.

00 21 00-8

PERFORMANCE CONFIDENCE ASSESSMENT

RATING DESCRIPTION

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

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

Neutral Confidence

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

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

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

In the case of an offeror without a record of relevant past performance or for which information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance, and therefore may receive a “Neutral Confidence” rating.

FACTOR 2 (TAB 2) – Small Business Commitment

a. The purpose of this criterion is to evaluate the offeror’s understanding of the Government’s Small Business Program objectives (see 52.219-8,-9, & FAR 19.7) as demonstrated through the amount of work (%) proposed to be performed by all small business categories in relation to the total value of the project, the types of work small businesses will be performing (particularly major project phases – design, supply, manufacturing, installation/testing) as well as the extent of the commitment (enforceable & long-term) in using the small and specific socioeconomic business firms identified in the proposal.

b. Other than small business Offerors will be evaluated on the level of proposed commitment to U.S. small businesses in the performance of this project relative to the objectives and goals established for the Government’s Small Business Program and required by FAR 52.219-8, as well as Offerors’ past performance in complying with the requirements of FAR 19.704 (12), FAR 19.705-7 and FAR 52.219-9, Small Business Subcontracting Plan.

c. Other than small business Offerors will be rated using the small business commitment rating method table below. NOTE: In accordance with 13 C.F.R. § 125.3(g)(3), small business Offerors shall receive the maximum rating under this evaluation factor without having to submit any information in connection with this factor.

Submission Requirements:

Other than small business Offerors shall submit the following:

1) Small Business Commitment Document – Complete and submit Small Business Commitment Document (SBCD), to identify the extent to which small business and all included socioeconomic categories will participate in the performance of the proposed acquisition. A Minimum Quantatative Requirement goal of 12% of the total contract value (through small business participation from small-, small disadvantaged-, HUB Zone- , Service Disabled Vet-, Vet-, or Woman-owned small businesses) is assigned to this acquisition. Award cannot be made if SB commitment is not at 12% of total contract value. Government policy is to provide maximum practicable opportunities to small businesses.

00 21 00-9

2) Small Business Past Performance – Submit past performance information reflecting the Offeror’s past level of small business participation for each project listed by the Offeror under Factor 1, Past Performance.

If the project was performed for a Federal agency, all Individual Subcontract Reports (ISRs) and Summary Subcontract Reports (SSRs) from the Electronic Subcontracting Reporting System (eSRS) for the project.

For all other projects submitted under Factor 1, Past Performance, submit the following (totaling no more than 2 pages per submitted project in Factor 1):

(a) Name of the project and customer;

(b) Total dollar amount of the contract, total dollar value and percentage of the total contract that was self-performed;

(c) Total dollar amount and percentage of the total contract value that was subcontracted;

(d) Total dollar amount and percentage of the total contract value subcontracted to small business -indicating socioeconomic categories, if applicable

(e) Total dollar amount and percentage of the total contract value subcontracted to other than small businesses, and

3) In addition to the above project submission information, the Government reserves the right to review Offerors’ ISRs and SSRs from the eSRS.

00 21 00-10

Evaluation Method:

The Government will rate this factor using the combined technical/risk rating as follows:

COLOR RATING DESCRIPTION

Blue Outstanding Proposal indicates an exceptional approach and understanding of the small business objectives.

Purple Good Proposal indicates a thorough approach and understanding of the small business objectives.

Green Acceptable Proposal indicates an adequate approach and understanding of small business objectives.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the small business

Red Unacceptable Proposal does not meet small business objectives.

The Government will consider the following:

i. The extent of the Offeror’s proposed small business commitment expressed as a percentage of the total contract value.

j. The extent to which the Offeror meets or exceeds the suggested small business goal. All goals are expressed as a percentage of the total value of the acquisition.

A minimum quantitative requirement (MQR) is assigned to this acquisition for the following socioeconomic categories:

{12%} Small Business (SB) This goal is based on Total Contract Value. Award cannot be made if SB commitment is not at 12% of total contract value.

In addition to the suggested small business goal, the following goals are suggested for the individual socioeconomic categories and determined to be reasonable based on market research for this requirement.

Goals are expressed as a percentage of the TOTAL contract value:

{0.5%} Small Disadvantaged Business (SDB) {1.0%} Woman-Owned Small Business (WOSB) {0.25%} Historically Underutilized Zone (HUBZ) Small Business {1.0%} Veteran Owned Small Business (VOSB) {0.25%} Service Disabled Veteran Owned Small Business (SDVO)

The extent to which proposed small business firms, are specifically identified by name in the SBCD (DFARS 215.304(c)(1)(C)). Firms must also be listed in the subcontracting plan that is incorporated into the contract award.

The extent of the commitment to use the identified small business firms (enforceable and/or long-term commitments will be considered more favorably than non- enforceable commitments). Copies of written commitments must be provided and will not count toward page limitation.

The complexity and variety of the work small business including all socioeconomic categories are proposed to perform (for example: work requiring specific certifications or licenses, i.e. welding, mechanical, electrical, manufacturing, supply, etc. in order to expand competitive pool - particularly major project phases – design, manufacturing, installation/testing, and demolition/removal.

The extent of the Offeror’s past success in complying with and demonstrating a good faith effort with the requirements of FAR 52.219-9, Small Business Subcontracting Plan, FAR Part 19.704

(12) and 19.705-7 https://www.acquisition.gov/far/subpart- 19.7#:~:text=19.705%2D7%20Compliance%20with%20the%20subcontracting%20plan (eSRS and CPARS evaluations).

00 21 00-11

Volume II - Price.

Price Evaluation

The Price Proposal will be evaluated to determine fairness and reasonableness. For evaluation purposes, the total evaluated price will be calculated by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price construction 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 21 00-12

(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.

(End of provision)

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.

(End of provision)

00 21 00-13

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

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…