B.08 Solicitation (W9127N24R0006) JDGCW24_SPECS_ADVERTISE.pdf

SOLICITATION

W9127N24R0006

John Day Dam Rufus, Sherman County, Oregon Klickitat County, Washington

GENERATOR WATER COOLING SYSTEM REHAB

Project Manual

TOC-1

JOHN DAY DAM GENERATOR COOLING WATER

SHERMAN COUNTY, OREGON AND KLICKITAT COUNTY, WASHINGTON

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: Oregon Davis Bacon Wage Rates

A6: Washington Davis Bacon Wage Rates

A7: Hazardous Energy Control Plan

00 72 00 GENERAL CONDITIONS

00 20 00 INSTRUCTION FOR PROCUREMENT

00 01 10 EXHIBIT/ATTACHMENT TABLE OF CONTENTS

Project Title: John Day Generator Water Cooling System Rehab

Location: Sherman County, Oregon and Klickitat County, Washington

Magnitude of Construction: $5,000,000.00 to $10,000,000.00

NAICS: 237990 "Other Heavy and Civil Engineering Construction" and the small business size standard is $45,000,000

Socio-Economic Considerations: Total Small Business Set-Aside

ANDREW J SPRYS 503-808-4600

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

11-Sep-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 ________742 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 ______________11 Oct 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:

W9127N24R0006 56

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 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 B.08 ATTACHMENT A -

OFFEROR'S

EXPERIENCE FORM

Attachment 2 B.08 ATTACHMENT B -

PAST PERFORMANCE

QUESTIONNAIRE

00 01 10-3

Section 00 10 00 - Solicitation

PROPOSAL TOTAL

Total ITEM No’s 0001 – 0016 $_______________________________

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Unit 1

Upgrades - 1 Job

- Measurement will be made as a job for providing removal of pipe trench modulating control valve, demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, electrical components, and generator air cooler vent piping for generating unit 1.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0002 Unit 2

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 2.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0003 Unit 3

Upgrades - 1 Job

00 10 00-4

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 3.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0004 Unit 4

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 4.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0005 Unit 5

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 5.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0006 Unit 6

00 10 00-5 incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 6.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0007 Unit 7

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 7.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0008 Unit 8

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 8.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0009 Unit 9

00 10 00-6 incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 9.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0010 Unit 10

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 10.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0011 Unit 11

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 11.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0012 Unit 12

00 10 00-7 incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 12.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0013 Unit 13

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 13.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0014 Unit 14

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 14.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0015 Unit 15

00 10 00-8 incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 15.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0016 Unit 16

Upgrades - 1 Job

- Measurement will be made as a job for providing all demolition, labor, equipment, materials, parts, and incidentals for the installation of generator air and thrust bearing cooler modulation system, instrumentation, PLC system, and electrical components, and generator air cooler vent piping for generating unit 16.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0017 Mobilization and Demobilization

1 Job

- Payment will be made at the Contract amount under CLIN 0017 as stated in Contract Clause 252.236-

7004, PAYMENT FOR MOBILIZATION AND

DEMOBILIZATION. Submit a schedule of mobilization and demobilization costs prior to submitting the first request for payment.

Funded:

00 10 00-9

Section 00 20 00 - Instructions for Procurement

INSTRUCTIONS FOR PROCUREMENT

This acquisition is a Total Small Business Set-Aside, and is therefore, open to all small business concerns to compete on this acquisition.

Proposals will be evaluated utilizing the Best Value Trade-Off Source Selection Procedures n FAR Part 15. The NAICS Code for this acquisition is 237990, Other Heavy and Civil Engineering Construction. The PSC Code is Z2KA, Repair or Alteration of Dams. The small business size standard is $45 million. The Government intends to award one Firm-Fixed Price contract to the responsible offeror whose proposal represents the best value to the Government after evaluation in accordance with the factors in the solicitation.

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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the

00 20 00-1 information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at

00 20 00-2

52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the 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.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at

00 20 00-3 the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) 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 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.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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)

00 20 00-4

(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.

(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)

52.222-23 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 --

00 20 00-5

(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 Sherman County, Oregon & Klickitat County, Washington.

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or

00 20 00-6 designated country 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)

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 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

Andrea K. Smothers Contracting Officer (Cect-Nwp) Portland District, Corps Of Engineers P. O. Box 2946 Portland, Oregon 97208-2946

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

(End of provision)

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

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(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 11:00 A.M. PDT on 25-SEP-2024.

(c) Participants will meet a John Day Dam located at:

Interstate 84, Exit 109 Rufus, OR 97050

Requirements:

There will be only one site visit offered. Offerors planning to attend must register for this site visit by sending an email to the following individuals:

o Andrew Sprys (Andrew.J.Sprys@usace.army.mil) o Andrea Smothers (Andrea.K.Smothers@usace.army.mil)

Hard hats and steel-toed boots are required.

Please observe all posted speed limits while at the project.

In order to attend the site visit each individual participant’s registration must be received by: 11:00 A.M.

PDT on 18-SEP-2024.

Site visit attendees must provide the following information:

o Solicitation Number W9127N24R0006 o Project Title: John Day generator Water Cooling System Rehab o Name(s) of individual(s) attending site visit:

o Name of Company:

o Phone Number:

o Email Address:

o Are all individuals U.S. Citizens?

**Non-U.S. citizens may attend this site visit if they have a valid Foreign Visitor Authorization

(FVA).

Personally Identifiable Information will be very closely held in accordance with Army policy.

Each individual 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 called ahead of time and/or without picture identification, that individual may not be allowed on the project.

Participants of the scheduled site visit must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version) in accordance with Section 5, “Personal Protective and Safety Equipment.” It is the responsibility of the participants to wear personal protective and safety equipment as required by this regulation. Failure to comply could result in denial of access to site visit location.

(End of provision)

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

00 20 00-8 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 (FAR): https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS): https://www.acquisition.gov/dfars

Army Federal Acquisition Regulation Supplement (AFARS): https://www.acquisition.gov/afars

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

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Section 00 21 00 - Instructions

BIDDER 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 bidders will be held to have reviewed the questions and responses in ProjNet –Bid prior to bid submission.

The Bidder Inquiry Key for this solicitation is: VF8KF9-H87FSP 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.

Special Contract Requirements:

1) 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 00 21 00-2

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: W9127N24R0006 Line 7 “Name and address of the acquiring agency”:

USACE Portland District 333 SW First Avenue Portland, Oregon 97204-3440 503-808-4616

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:

00 21 00-1

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) The acquisition is being conducted using a 100% Total Small Business Set-Aside Competition with Best Value Tradeoff (BVTO) source selection procedures in accordance with FAR Part 15. 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 and past performance proposal and a priced proposal. The evaluation results of the non-price and price proposals will determine an awardee. All non-price factors are approximately equal in importance. All Technical and Past Performance factors, when combined, are approximately equal to 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. The Government does not intend to hold discussions, therefor offerors are encouraged to include their best terms from both a technical and pricing standpoint 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 offeror(s) 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.

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 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 past performance of each of the joint venture partners can

00 21 00-2 be submitted for the joint venture entity. The past performance for each joint venture partner will be considered the past performance 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).

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.

Strength - An aspect of an offeror’s 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 offeror's 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.

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

1. CONTENT AND SUBMISSION OF PROPOSALS

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, email address, Unique Entity ID (UEI), 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.

Organization Charts and 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.

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(2) Proposal Content Limitations.

The offeror must confine the proposal to relevant information and documentation…