HCRSGR23_ADV.pdf

Solicitation W9127N22R0025

LANE COUNTY, OREGON

HILLS CREEK RESERVOIR SPILLWAY GATE REPLACEMENT

Project Manual

TOC-1

HILLS CREEK RESERVOIR SPILLWAY GATE REPLACEMENT

LANE COUNTY, OREGON

TABLE OF CONTENTS

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

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

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: Description of Hills Creek Dam and Reservoir

A6: Davis Bacon Wage Rates

A7: Portland District Supplemental Hazardous Energy Control

00 72 00 GENERAL CONDITIONS

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

PROJECT: HILLS CREEK RESERVOIR SPILLWAY GATE REPLACEMENT

LOCATION: Lane County, Oregon

MAGNITUDE OF CONSTRUCTION: betw een $1,000,000 and $5,000,000.

SOCIO-ECONOMIC: Total Small Business Set-Aside

CLINTON M JACOBSEN 503-808-4951

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

26-Jul-2022

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________26 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9127N22R0025 52

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

CLIN TOTALS

TOTAL FOR ALL LINE ITEMS $_____________________________________

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Mobilization &

Demobilization 1 Job

Mobilization & Demobilization Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0002 Gate 3

Structural 1 Job

Gate 3 Structural Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0003 Skin Plate

Pitted Paint System Repairs

50 Square Foot

Skin Plate Pitted Paint System Repairs **This is an estimated quantity.**

Funded:

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

00 10 00-3

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

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

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

00 21 00-1

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Construction contract resulting from this solicitation.

(End of provision)

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

2014)

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

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

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

00 21 00-2

(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)

52.228-1 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

U.S. ARMY CORPS OF ENGINEERS

ATTN: CONTRACTING OFFICER (Kristina Morrow)

PO BOX 2946

PORTLAND, OR 97208

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

(End of provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting

00 21 00-3 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:

Date: 09 August 2022 Time: 12:00 PM (PDT)

(c) Participants will meet at:

Top of Hills Creek Dam, approximately 1.6 miles south on Kilson Springs Rd from the junction of Kilson Springs Rd and Willamette Hwy (Hwy 58) (Past the town of Oakridge Or)

(d) Additional Site visit requirements

(1) All prospective offerors intending to attend the site visit must send an RSVP to:

Clinton Jacobsen, Contract Specialist at: clinton.m.jacobsen@usace.army.mil, and Karl Ahlen, Project Manager at karl.t.ahlen@usace.army.mil, before 02 August 2022 at 10:00AM (PDT) with the completed project visitor request form.

(2) The use of cloth face covings to cover your nose and mouth will be required the entire time during the site visit.

(3) All site visit attendees will be required to maintain social distancing of six (6) feet to the maximum extent possible.

(4) The following safety gear is required at the site: Steel toed boots, Hardhats, Safety Vests, Safety Glasses.

(5) 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.

(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 paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

00 21 00-4

(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)

00 21 00-5

Section 00 22 16 - Supplementary Instructions to Proposers

PROPOSAL INQUIRIES

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

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

No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet –Bid prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

The Bidder Inquiry Key for this solicitation is: J4US4I-EC232U To access the ProjNet-Bid website the first time:

1) Register.

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

3) Enter the following information for access:

The Bidder Inquiry Key for this solicitation Valid business contact information

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

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

BASIS FOR AWARD

A. General.

(1) This is a Total Small Business Set-Aside competitive acquisition using Best Value Tradeoff (BVTO) source selection procedures. The Government intends to award a single, firm-fixed price construction contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the evaluation factors in the solicitation. Offerors shall submit a technical proposal and a price proposal. The evaluation results of the non-price and price proposals will determine an awardee. All non-price factors are approximately equal in importance. All non-price evaluation factors other than price, when combined, are significantly more important than price.

(2) The Government intends to make an award without discussions but reserves the right to conduct discussions should discussions prove to be necessary or advantageous to the Government. Because the Government does not intend to hold discussions, offerors are encouraged to include their best pricing in their initial proposal.

(3) 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 will be selected solely on the basis of the evaluation factors set forth below. Elaborate proposals, color brochures, and other excesses are discouraged.

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

00 22 16-1

(LOC) and proposed subcontractors) or their Joint Venture firms, if selected to submit Final Proposal Revisions

(FPR).

(5) The successful offeror will be selected solely on the basis of the evaluation factors set forth below. Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. The offeror’s technical proposal will be incorporated into the awarded contract.

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 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.

5. SUBMISSION OF PROPOSALS AND EVALUATION

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

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

Title Page. Each copy must include the offeror’s name and address, phone number and email address, title of the solicitation, solicitation number and date of submittal clearly identified on the front cover.

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

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

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

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

00 22 16-2

(2) Proposal Content Limitations.

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

Extraneous information provided in the proposals will not be considered in the evaluations;

therefore, the offeror should only provide information that satisfies the solicitation requirements.

Merely restating the specifications without sufficient elaboration demonstrates a lack of understanding of the requirement.

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

Proprietary information must be clearly marked.

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

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

Volume I – Technical (Non-Price) Factor:

Tab 1 – Factor 1 – Past Performance

(2) Price Proposal, Volume II: Provide one (1) electronic proposal in Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader of a complete and detailed Price Proposal on the forms provided in the solicitation. Provide pricing and complete all line items on Standard Form 1442 (SF 1442). The price proposal must be prepared in accordance with the following and must include:

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

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

Tab 2 – Section 00 10 00, Proposal Price.

The offeror shall fully complete this section.

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

00 22 16-3

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

Tab 4 – Banking and Bonding Points of Contact.

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

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

Submission of Proposals: Proposals are due no later than the time and date established in Block 13, SF 1442.

There will not be a public proposal opening.

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

Offeror shall submit its proposal via email to:

Clinton Jacobsen, clinton.m.jacobsen@usace.army.mil; and Kristina Morrow, kristina.k.morrow@usace.army.mil

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

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

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

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

The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

6. EVALUATION FACTOR

FACTOR 1 (TAB 1) – Past Performance

Submission Requirements:

The offeror shall submit information for at least three and no more than four complete or substantially complete projects that demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by this solicitation. Each project must be completed or be substantially completed within the last ten

00 22 16-4

(10) years.

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

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

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

A maximum of four (4) projects will be evaluated. If an offeror disregards these instructions and submits more than four projects, only the first four projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below.

For each project submitted, the offeror shall provide:

Project description and information using the information outlined in Attachment A, Offeror’s Experience Form. The offeror must address all items included on Attachment A (no more than two (2) pages per project). The “Offeror Experience Form” may also be used for major subcontractor experience.

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

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the offeror shall submit it with the proposal.

If there is not a completed CPARS evaluation, the offeror shall submit a Past Performance Questionnaire (PPQ) for the project. See Form PPQ-0 in Attachment B.

o Do not submit a PPQ when a completed CPARS is available.

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

o Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires shall be submitted directly to the Government's point of contact, Clinton Jacobsen, via email at clinton.m.jacobsen@usace.army.mil prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

o PPQs are source selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the offeror does not receive the confirmation, it is the offeror’s responsibility to follow up to ensure the government has received the information.

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

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

In addition to the above, the Government may review other sources of information for evaluating past performance.

Other sources may include, but are not limited to, past performance information retrieved through CPARS, using all CAGE (Commercial and Government Entity Code) and Unique Entity ID numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases, telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

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

A firm will not receive credit under this factor for past performance of key personnel proposed for this project. An offeror may receive credit for relevant experience under a previous business arrangement (ex. joint venture) if the offeror demonstrates that their role on the submitted project is relevant to their proposed role on this project. If the offeror is a joint venture, each firm of the joint venture shall provide information, demonstrating experience relevant to their role on this requirement. Clearly identify the role and responsibilities of each joint venture partner. Offerors who submit experience information of a parent, sister or other affiliated company must describe what involvement such company will have on the instant acquisition. The offeror shall provide a one (1) page narrative that clearly and specifically indicates what resources of the parent, sister or other affiliated company – its workforce, management, facilities, or other resources – will be provided or relied upon for contract performance. The Government may discount the experience of a parent, sister or other affiliated company unless the prime contractor clearly provides evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the parent, sister or other affiliated company or provides a Meaningful Relationship Commitment Letter including the following:

1. A statement of commitment as to the performance and utilization of the identified entity’s resources on the project.

2. Signatures of both the Offeror and Meaningful Relationship Entity.

Evaluation Method:

The Government seeks a contractor who maintains a strong commitment to customer satisfaction and superior performance. It is the offeror’s responsibility to affirmatively document these qualities in the technical proposal.

The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying construction services that meet the contract’s requirements. The evaluation method that the Government will use with respect to Factor 1 – Past Performance is detailed below.

There are three (3) aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information).

The first aspect is to evaluate the recency of the offeror’s past performance. For this solicitation, recent projects are those completed or substantially completed** (as defined above) within ten (10) years of the date that proposals are due.

The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the work required by this solicitation. The projects will include those submitted as well as from other sources described above. This relevancy rating is not a separate proposal rating but is only used in developing overall past performance confidence assessment rating assigned to the Past Performance Factor. With respect to relevancy, past performance on projects with more relevance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment rating than past performance on projects of lesser relevance. There are four (4) levels of relevancy as shown in the Table below.

PAST PERFORMANCE RELEVANCY

RATING DESCRIPTION

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

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

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

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

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

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

o Structural Rehabilitation:

Strengthening hydraulic steel structures in accordance with AWS D1.5 Steel Fabrication in accordance with AWS D1.5 Replacing gates on flood control structures o Mechanical Rehabilitation:

Rehabilitation and alignment of trunnion bearing systems.

o Schedule Meeting key schedule milestones on projects with a compressed schedule Alignment of work to coincide with in-water work windows

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

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

PERFORMANCE CONFIDENCE ASSESSMENT

RATING DESCRIPTION

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

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

Neutral Confidence

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

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

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

In the case of an offeror without a record of relevant past performance or for which information on past performance is not available, the offeror may receive a Neutral Confidence rating which is neither favorable nor unfavorable (see FAR 15.305(a)(2)(iv).); it is considered “Neutral.” The SSA may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating in a best value tradeoff as long as the determination is consistent with stated solicitation criteria.

Volume II – Price Proposal Evaluation Method:

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

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

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Section 00 45 00 - Representations and Certifications

52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

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(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20,…