B08 Solicitation 24R0134 Bank Mitigation 6.20.24.pdf

SEE ADDENDUM

(No Collect Calls)

W9126G24R0134

b. TELEPHONE NUMBER

(817) 886-1289

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 05 Jul 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

20-Jun-2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9126G9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KAREN M HARKINS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

(817) 886-6403FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

523910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9126G24R0134

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES UNIT UNIT PRICE AMOUNT

QUANTITY

Acre

MITIGATION CREDITS- EW FFP

FFP

The CESWF desires to acquire credits in the amount and type specified below: EW credits representing 1.9 average annual habitat units (AAHUs)/ estimated 9 acres to mitigate for EW impacts caused or to be caused by the construction of the Dallas Floodway Project.

FOB: Destination

PSC CD: F099

NET AMT

Section E - Inspection and Acceptance

CONTRACTING OFFICER STATEMENT

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.

MITIGATION BANK CREDIT SCOPE OF WORK

Solicitation No. – W9126G24R0134

Dallas Floodway BB18 Flood Risk Management Project FY21 Program, P2# 468759, PAN: PANSWD-24-P-0000 001715

Date: 13 February 2024

1.0 General

The Fort Worth District, U.S. Army Corps of Engineers (CESWF) seeks to purchase Emergent Wetland (EW) mitigation bank credits located in the Dallas Texas service area, to compensate for unavoidable habitat losses caused by the construction of the Dallas Floodway Flood Risk Management (DF) Project.

As part of CESWF’s plan to mitigate for unavoidable impacts to EW habitat associated with the construction of the DF Project, CESWF will purchase EW mitigation bank credits to compensate for the impacts in the Trinity River Watershed. The bank(s) from which credits will be purchased will be selected through a competitive solicitation/award process. Any mitigation bank meeting the eligibility requirements and having the appropriate resource type of credits may submit a proposal to sell credits. CESWF may enter one or more contracts to purchase the amount of credits necessary to meet CESWF’s need at the time of purchase; however, CESWF may purchase a lesser quantity of credits than it requires. A separate contract shall be executed for each bank credit purchase. Award will be made based on lowest price, technically acceptable source selection process.

2.0 Mitigation Requested

Currently, CESWF has identified project-related impacts and desires to acquire credits in the amount and type specified below:

EW credits representing 1.9 average annual habitat units (AAHUs) with an average Texas Rapid Assessment Method (TXRAM) 1.0 (or equivalent TXRAM version) score of 58.77 to mitigate for EW impacts caused or to be caused by the construction of the DF Project.

All credit sales MUST be in 1/10th acre increments.

Section SF 1449 - INSTRUCTIONS TO OFFERORS

Request for Quotes (RFQ) Solicitation Number: W9126G24R0134

Solicitation is issued by:

US ARMY CORPS OF ENGINEERS FORT

WORTH 819 TAYLOR ST, CT OFC RM

2A17

FORT WORTH TX 76102-0300

PROJECT NAME: Dallas Floodway Bank Mitigation Credit

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The U.S. Army Corp of Engineers USACE), Fort Worth District intends to issue a contract for the non-personal service listed below in the description.

Description of Services: A mitigation bank must meet all of the following qualifications to be eligible to sell credits to satisfy the DF Project mitigation requirements in the manner, location and amount set forth in the Scope of Work Statement and schedule.

Work shall be performed in support of the USACE Trinity Region, Dallas, TX 75098.

The government reserves the right to limit and/or not respond to any further questions pertaining to this project received after July 5, 2024, 10:00am CST. Offerors should base their quotes on the information provided in the solicitations and all issued amendments thereto.

Requests for additional information as well as any questions pertaining to this solicitation shall be submitted in writing via email to Karen M. Harkins:

karen.m.harkins@usace.army.mil and Robert M. Duran:

Robert.m.duran@usace.army.mil by 10:00 am CST, July 02, 2024. Any questions submitted after the deadline will NOT be answered.

2. This is a Request for Quote (RFQ) and incorporates FAR provisions and clauses in effect through the Federal Acquisition Regulation (FAR) Home | Acquisition.GOV. Solicitation documents and incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation (FAR) and Department of Defense FAR Supplement (DFARS).

a. The provision at 52.212-1, Instructions to Offerors --Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

Offerors are also required to submit a completed copy of the Request for Quotation and a completed copy of the pricing schedule.

a. Offerors include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

b. Clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause.

c. Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition

3. This acquisition is Unrestricted.

4. PSC: F099 : Other Environmental Services, Studies, Support NAICS CODE: 523910, Miscellaneous Intermediation SIZE STANDARD: $47 million

5. System for Awards Management (SAM): In accordance with FAR 52.204- 7(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract agreement resulting from this solicitation.

6. Evaluation Information: The Government intends to award a firm fixed price (FFP) contract resulting from this RFQ to the responsible offeror whose offer represents the best value in terms of price, past performance and Understanding of the Work IAW 13.106-2(b)&(3).

Quote Content - All quotation documents when printed shall fit on 8 x 11inch paper to include spreadsheets (with the appropriate page breaks). Ensure the quote is submitted in PDF format. In-order to be considered responsive to the RFQ, the prospective offeror's quote shall consist of a Vendor Information Sheet, Complete and Defective Free Bid Sheet, Screen Shot of the Offeror's NIST/SPSRS Assessment, and completed provisions.

Quotes shall be responsive to and comply with the terms of the combined synopsis/ solicitation in order to be eligible to receive an award. All requirements shall be addressed in sufficient written detail for the Government to determine if the offeror understands each aspect of the Government's requirement. The offeror/quoter shall address each factor separately and shall provide sufficient narrative and supporting data for each factor. Lack of sufficient detail shall be considered sufficient cause for the quote to be determined unacceptable.

Statements that the quoter understands, can or will comply with all specifications and statements paraphrasing the specifications or parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used" will be considered unacceptable. The Government will reject the quote if determined to be materially non- responsive to include submissions that fail to conform to the terms of the combined synopsis/solicitation.

Quoters that fail to adhere to the submittal requirements will be determined non-responsive and will be considered ineligible for award. To be eligible to receive an award, the quote submitted in response to the combined synopsis/solicitation shall consist of the contents required in the sub-paragraphs described below:

Specifications have been defined in the Scope of Work (SOW). The vendor shall submit a technical quote that meets or exceeds all specifications identified in the SOW and Evaluation Factors. (See FAR Clause 52.212-2 Evaluation - Commercial Items).

Table 1. General Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the minimum requirements of the solicitation.

a. Technical Eligibility: A mitigation bank must meet all of the following qualifications to be eligible to sell credits to satisfy the DF Project mitigation requirements. For the quote to be considered responsive and for the offeror to be considered responsible, the mitigation bank shall:

1. Be approved by CESWF and be in full compliance with its Mitigation Banking Instrument (MBI), its other legal instruments (such as its conservation servitude and its financial assurances) and the standards set forth in 33 CFR Part 332; and

2. Be physically located within the Trinity River Basin, which together are coextensive with Hydrologic Unit Code (HUC): 12030105

3. Provide the habitat type that matches the habitat type being mitigated; and have mitigation credits assessed using Habitat Evaluation Procedure (HEP) species models developed by U.S. Fish and Wildlife Service available to compensate for the impacts to the particular habitat to be mitigated; and

4. Have a duly recorded perpetual conservation servitude/easement.

Table 2. Technical Eligibility

Rating Description

Acceptable Quote meets the technical requirements of the solicitation.

Unacceptable Quote does not meet the technical requirements of the solicitation.

b. Past Performance: The past performance evaluation results in an assessment of the offeror's probability of meeting the solicitation requirement. The past performance evaluation considers each offeror's demonstrated recent and relevant record of performing bank mitigation services that meets the contract requirements. Recent or relevant work is defined as similar work in size and scope within the past four (4) years and will be pulled from Contractor Performance Assessment Reporting System (CPARS) website.

If for any reason, the contractor does NOT have recent or relevant past performance, a brief narrative explaining "No Recent or Relevant Past Performance". In the case of a quoter without a record of recent or relevant past performance or for whom information on past performance is not available or so little experience, that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown or ("neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

I

A contractor's past performance rating may be used at the Contracting Officer's discretion to make an overall determination of the level of confidence the government has in the contractor's capability to perform the service. The Contracting Officer may determine that a "Substantial Confidence" or "Satisfactory Confidence" past performance rating is worth more than a "Neutral Confidence" past performance rating as stated in the evaluation.

Adjectival 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.

Table 3. Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.

(See note below.)

Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

c. Price: A Firm Fixed Price (FFP) shall be submitted for this effort. This will be awarded competitively through a fair opportunity process using FAR Part 15.101-2 competitive basis utilizing LPTA procedures to obtain best value for the Government.

The vendor will provide pricing for each line item listed in the attached Priced Schedule (Bid Sheet). The Government will evaluate all aspects of the price quote for reasonableness. Quotes found to be unreasonable may be rejected on that basis. The Government will only award the contract if the pre-priced list of services are determined fair and reasonable.

Models used for Civil Works projects are required to be certified by Headquarters USACE Model Certification Panel and comply with the certification criteria presented in EC 1105-2-412. The HEP Model has been certified and this model will be used to assess compensatory mitigation credit values.

To facilitate the solicitation process, CESWF, in conjunction with the U.S. Fish and Wildlife Service, has run the HEP model on the approved banks in the Trinity River Basin with EW credits based on information provided by the bank sponsors to CESWF during the bank approval process and continuing compliance reviews.

Special Conditions

a. An offeror may submit a quote to sell fewer credits than the total amount of mitigation credits sought for each habitat type.

b. The CESWF may enter into one or more contracts to purchase the needed amount of mitigation credits, however, CESWF may purchase a lesser quantity of credits than it requires. A separate contract shall be executed for each bank.

c. In order for the CESWF to acquire the credits needed to satisfy its mitigation obligations, the CESWF may accept quotes from one or more offerors, resulting in the lowest cost combination that fulfills the mitigation requirements and is the best value to the Government, as determined by the CESWF. Award will be based on lowest price technically acceptable source selection process.

7. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

8. In accordance with FAR Part 29.3 - State and Local Taxes, and per Title 4 of US Code 104-07, the Government is exempt from paying state and local taxes.

9. Response Date: Quotes for this solicitation are due no later than (NLT) July 05, 2024, by 10:00 AM CST.

Electronic copies of each volume shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Quotes submitted by mail or hand carried will not be evaluated.

Quotes sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved. It is the responsibility of the Offeror to confirm receipt of quotes. All quotes received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

There are 10 general steps a vendor must follow in order to use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#st ep5

For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full quote by the Fort Worth District Contracting office.

Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the quote shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the quote files. Electronic files shall be clearly identified for each volume, section, and item.

10 Submittals:

All interested mitigation banks that meet the above eligibility requirements are invited to submit a quote consisting of appropriate documentation demonstrating eligibility and must include:

1) Completed SF 1449, to include name, address, telephone number and cage code; and

2) Completed pricing schedule including the number of credits offered to sell for the habitat type, price per credit, and extended total; and

3) Map showing bank location; and

4) Signed copy of the Mitigation Purchase Agreement, which would be returned fully executed if the bank(s) is selected for award; and

5) A copy of the mitigation bank’s current ledger information from the U.S.

Army Corps of Engineers' Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) website showing the number of credits available for sale.

The mitigation bank shall submit all of the above information for a quote to be considered responsive and acceptable. Quotes omitting necessary information will be deemed non-responsive and, therefore will not be evaluated. The mitigation bank’s credit availability is subject to verification once all quotes are received. Please be advised that Released Credits from an approved mitigation bank offered in response to quote must satisfy the mitigation requirement of this RFQ.

a. Offerors must submit representation and certifications in accordance with the provisions at FAR 52.212-3 Offeror Representation and Certifications- Commercial Item & 52.219-1 Small Business Program Representations (Accessible at https://www.acquisition.gov) or the vendor may verify their Online Representation and Certification Application (ORCA) is updated in SAM by checking "Yes" on the Vendor information sheet. The contract specialist will verify the quoters FAR & DFAR Reports are updated in SAM.GOV prior to determining the quoter responsive.

Submit the following PDF files in the response to the RFQ:

a. Attach the Vendor Information Sheet and Priced Schedules. Compile the vendor information sheet and schedules and submit as one conformed document. Label Submittal as: Company Name, Quote, Example ABC, LLC Price Quote 2200039

b. See Clause 52.212-2 Evaluation - Commercial Items for Past Performance & Price factors.

c. Screen Shot of the Offerors NIST/SPRS Assessment. Compile the assessments and submit as one conformed document. Label Submittal as:

Company Name, NIST/SPRS, Example ABC, LLC NIST/SPRS 2200039

d. Complete and return the provisions at 52.204-24, 52.204-26 and 52.219-1. Compile the Provisions and submit as one conformed document. Label Submittal as: Company Name, Provisions, Example ABC, LLC Provisions 2200039

e. If applicable, acknowledge and return any amendments with your submittals. Compile the amendments and submit as one conformed document. Label Submittal as: Company Name, AMD 0001 - 0004, Example ABC, LLC AMD 0001 - 0004 2200039

f. Contractors that fail to adhere to the submittal requirements will be determined non- responsive and will be considered ineligible for award.

g. Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered qualified and eligible for award. * If the apparent awardee does not correct the omission by refusing to enter its NIST score within 14 days after the allotted time, then it can be safely deemed "not responsive" and ineligible to receive the award.

Reference: 252.204-2019 - Notice of NIST SP 800-171 DoD Assessment Requirement See the Attached Quick Entry Guide to assists with entering NIST Assessment. Contact Help Desk at (866)618-5988 for additional assistance.

The due date for quotes is currently scheduled for 05 July 2024 at 10:00 AM CST. The Contracting Officer and Contract Specialist will begin downloading quotes at 9:30 AM CST, which is the quote receipt cutoff time. All quotes received after 10:00 AM CST July 05, 2024 will be considered late.

10. Deliverable

A signed letter from the bank releasing credits from the bank to CESWF within 10 days after contract award and the return of the fully executed Purchase Agreement via email to:

Contracting Officer – Mr. Robert M. Duran, email: Robert.m.duran@usace.army.mil Requests for additional information as well as any questions pertaining to this solicitation shall be submitted in writing via email to Karen M. Harkins:

karen.m.harkins@usace.army.mil and Robert M. Duran:

Robert.m.duran@usace.army.mil by 10:00 am CST, July 02, 2024. Any questions submitted after the deadline will NOT be answered.

NOTE: (FAR 52.204-7) In accordance with FAR 4.1102, prospective offerors shall be registered in the Department of Defense “System for Award Management” (SAM) database at the time of submission of its offer. By regulation, no DOD contract can be awarded to any offeror that is not registered in the Department of Defense SAM, formally the CCR database. If your company is not registered in SAM you may do so by going to: http://www.sam.gov. You may be required to provide your company’s Dun and Bradstreet (DUNS) number or the new unique entity identifier (UEI) issued by the GSA through Ernst and Young’s SAM Managed Identifier (SAMMI) within SAM for doing business with the Government.

You will be required to provide your company’s unique entity identifier (UEI) issued by the GSA. If you do not have a UEI, one can be obtained by calling (866) 606-8220 or by going to: http://www.sam.gov.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28, not just 28.101-3;

A corporate seal is not required on any form listed at FAR 28.106-1; The signed statement by the contractor that payment is due and owed referenced at FAR 28.106- 8 is not required to be notarized; The Standard Form 28 executed by the individual surety pursuant to FAR 28.203(b) is not required to be sworn and notarized as indicated on the form;

A written authorization of the release signed by the surety is acceptable, in lieu of the notarized authorization of release by the surety required by FAR 28.203-5(a); and use the following deviation clauses, in lieu of the corresponding FAR clauses: 52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard Form 28 to be sworn and notarized.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28, not just 28.101-3; A corporate seal is not required on any form listed at FAR 28.106-1; The signed statement by the contractor that payment is due and owed referenced at FAR 28.106- 8 is not required to be notarized;

The Standard Form 28 executed by the individual surety pursuant to FAR 28.203(b) is not required to be sworn and notarized as indicated on the form; A written authorization of the release signed by the surety is acceptable, in lieu of the notarized authorization of release by the surety required by FAR 28.203-5(a); and Use the following deviation clauses, in lieu of the corresponding FAR clauses: 52.228-11, Pledges of Assets (DEVIATION 2020-O0016), which removes the requirement for the Standard Form 28 to be sworn and notarized.

Contractor Information Sheet

**COMPLETE AND RETURN WITH YOUR QUOTE**

IN THE EVENT OF AWARD, ISSUE CONTRACT TO:

NAME

(Last, First Middle)

ADDRESS

(Number & Street) (City, State and Zip)

WORK PHONE NUMBER'--- _.MOBILE _

(Area code and nwnber) (Area code and number)

REQUIRED ACTIVE EMAIL ADDRESS _

DUNS NUMBER CAGE CODE NUMBER

SSN/TIN NUMBER or firm's Tax ID Number (TIN)

Below is a checklist to assist you to ensure all the proper documents are returned for consideration on this solicitation.

1. Complete page 1 of Solicitation. Block 17a Company Name & Address, Cage Code, Telephone No., Complete Blocks 30a - 30c (this also applies to any amendments to the solicitation.)

2. Complete Bid Schedule(s) Must include Base and Option Years Pricing Fill out bid schedules "Separately" when bidding multiple Park Positions

3. Complete Contractor Information Sheet below: Include your SSN or firm’s Tax ID Number (TIN) and active email address.

You will be notified of your selection by this method!II

4. Offerors shall complete electronically ORCA profile on line in SAM:

Clause 52.212-3 (Section K- Representation, Certifications and Other Statements of Offerors), paragraph (b) of solicitation AND submit complete ORCA profile.

5. Offerors shall submit an active SAM registration (Attachfirst page).

The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA and EPLS.

Website: www.sam.gov You must have an active SAM registration prior to award.

6. Add NAICS Code 523910 to your Representations and Certification in SAMS.

7. Scan all documents into a single.pdf file. (For Help contact your local Library, copy centers or PTACs-http://www.aptac-us.org/new/

8. EMAIL your quote to: Contracting Officer: Robert M. Duran:

Robert.m.duran@usace.army.mil and Contracting Specialist: Karen Harkins at karen.m.harkins@usace.army.mil

9. Subject line of email must include the solicitation number and Company Name.

**Please see FAR Clause 52.228-5 Insurance and Insurance Requirements within the solicitation.

**Please see FAR Clause 52.212-2 for quote evaluation criteria

BID SHEET

Source Selection Sensitive-Dallas Floodway Emergent Wetland Mitigation Bank Solicitation Quote Evaluation-Price Breakdown

Quote Mitigation Bank Name

Emergent Wetland Impact (acres)

TXRAM

Score

Service Area

Total Credits

Price/Credit Total Cost

Notes

Notes:

1. A quote may combine credits from multiple banks to fulfuill mitigation requirements.

2. TXRAM score must be minimum 58.77

3. Primary service area is the Trinity River Watershed

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-8 (Dev) Utilization of Small Business Concerns (DEVIATION 2024- O0002)

JAN 2024

52.219-9 Alt II Small Business Subcontracting Plan (SEP 2023) Alternate II NOV 2016 52.219-28 (Dev) Post-Award Small Business Program Rerepresentation

(DEVIATION 2024-O0002)

JAN 2024

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer DEC 2022 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation that provides the best benefit to the Government, price and other factors considered.

Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole. Comparative Evaluations is the act of comparing two or more offers or quote in response to the RFP. The evaluation method will utilize Lowest Price Technically Acceptable (LPTA).

Quotes will be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which provides the government with what is needed, as identified in the RFP.

Rating System: Ratings of “Acceptable” or “Unacceptable” will be used for the evaluation factors of price, past performance and technical capabilities.

The following factors shall be used to evaluate offers:

Evaluation Criteria:

A Firm Fixed Price (FFP) shall be submitted for this effort. This will be awarded competitively through a fair opportunity process using FAR Part 15.101-2 competitive basis utilizing LPTA procedures to obtain best value for the Government.

Table 1. General Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the minimum requirements of the solicitation.

Factor 1: Technical Capabilities

A mitigation bank must meet all of the following qualifications to be eligible to sell credits to satisfy the DF Project mitigation requirements. For the quote to be considered responsive and for the offeror to be considered responsible, the mitigation bank shall:

1. Be approved by CESWF and be in full compliance with its Mitigation Banking Instrument (MBI), its other legal instruments (such as its conservation servitude and its financial assurances) and the standards set forth in 33 CFR Part 332; and

2. Be physically located within the Trinity River Basin, which together are coextensive with Hydrologic Unit Code

(HUC): 12030105

3. Provide the habitat type that matches the habitat type being mitigated; and have mitigation credits assessed using Habitat Evaluation Procedure (HEP) species models developed by U.S. Fish and Wildlife Service available to compensate for the impacts to the particular habitat to be mitigated; and

4. Have a duly recorded perpetual conservation servitude/easement.

Table 2. Technical Eligibility

Rating Description

Acceptable Quote meets the four (4) technical requirements of the solicitation

Unacceptable Quote does not meet the technical requirements of the solicitation.

Factor 2 – Past Performance

The past performance evaluation results in an assessment of the offeror's probability of meeting the solicitation requirement. The past performance evaluation considers each offeror's demonstrated recent and relevant record of performing bank mitigation services that meets the contract requirements. Recent or relevant work is defined as similar work in size and scope within the past four (4) years and will be pulled from Contractor Performance Assessment Reporting System (CPARS) website.

The Government reserves the right to evaluate past performance based on such information as the contracting officer’s knowledge and previous experience with the item or service being purchased, customer surveys, or other reasonable basis, without the existence of a formal database.

Submission Requirements:

At a minimum, the quote for this factor shall include a brief narrative (conceptual work plan) that clearly demonstrates an understanding of the requirements of the solicitation. The narrative shall address:

1. Work in terms of coordination with outside agencies, contractors, and government personnel to ensure safety, compliance and with federal and state regulations and performance requirements in an efficient manner.

2. Offeror will demonstrate how to manage resources at the work sites during weekdays, weekends, and holidays when applicable.

3. How the contractor will prevent rework and if rework is necessary how it will be addressed.

4. Resources (to include management and administrative) to perform requirements of the Scope of Work (SOW).

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Table 2. Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.