Solicitation W9127N23R0031 Hill Creek RR.pdf

SOLICITATION

W9127N23R0031

Hills Creek Dam Oakridge, Lane County, Oregon

ROCK REMOVAL AND REINFORCEMENT

Project Manual

TOC-1

HILLS CREEK DAM ROCK REMOVAL AND REINFORCENT

OAKRIDGE, 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 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

GENERAL AND TECHNICAL SPECIFICATION REQUIREMENTS

ATTACHMENTS

A1: Submittal Register (ENG Form 4288-R)

A2: Transmittal Form (ENG Form 4025-R)

A3: Construction Project Identification Sign

A4: Spill Emergency - Initial Report Form

A5: Oregon Davis Bacon Wage Rates

A6: Hills Creek Geotechnical Baseline Report

00 72 00 GENERAL CONDITIONS

Hills Creek Rock Removal and Reinforcement - Solicitation W9127N23R0031

SCOPE SUMMARY: The objectives of the project are to remove the rock and vegetative debris from the spillw ay, install rock anchors and rockfall mesh on the slope above the spillw ay and repair damage to the concrete in the spillw ay as necessary.

LOCATION: Lane County, Oregon

PERIOD OF PERFORMANCE: The Period of Perf ormance is anticipated to occur from Oct 2023 to March 2025.

MAGNITUDE OF CONSTRUCTION: Per FAR 36.204, the estimated Magnitude of Construction for this project is betw een $5,000,000 and $10,000,000.

SOCIOECONOMIC: Other Than Full and Open Competition, 100% Small Business Set-Aside.

The North American Industry Classif ication System (NAICS) code for this w ork is 237990, Other Heavy and Civil Engineering Construction, w ith a Small Business Size Standard of $45M.

ANDREA K SMOTHERS 503-808-4600

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12-Jul-2023

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________532 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Aug 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

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:

W9127N23R0031 66

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

ESTIMATED QUANTITIES

Note: All quantities shown on the Bidding (CLIN) Schedule are “estimated quantities” except when the unit is shown as JOB 'JA'.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Mobilization and Demobilization

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Spillway Access

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

00 10 00-3

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

Clearing and Grubbing

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 400 Cubic

Yard Debris Removal

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

00 10 00-4

0005 11,000 Square

Foot Rockfall Mesh

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 2,800 Linear

Foot Rock Anchors

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

00 10 00-5

0007 1,800 Linear

Foot Drain Holes

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 10 Square

Foot Concrete Repair Method 1

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

00 10 00-6

0009 9,500 Square

Foot OPTION Additional Rockfall Mesh

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 3,400 Linear

Foot OPTION Additional Rock Anchors

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

00 10 00-7

0011 1,850 Linear

Foot OPTION Additional Drain Holes

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 10 Square

Foot OPTION Additional Concrete Repair Method 1

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

00 10 00-8

0013 10 Square

Foot OPTION Additional Concrete Repair Method 1

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 10 Square

Foot OPTION Additional Concrete Repair Method 1

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

00 10 00-9

0015 10 Square

Foot OPTION Additional Concrete Repair Method 1

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 10 Square

Foot OPTION Additional Concrete Repair Method 2

FFP

See Specifications SECTION 01 22 00.00 25 MEASUREMENT AND PAYMENT for more details.

FOB: Destination

PSC CD: Z2KA

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

00 10 00-10

0002 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0003 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0004 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0005 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0006 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0007 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0008 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0009 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0010 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0011 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0012 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0013 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0014 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0015 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

0016 POP 01-OCT-2023 TO

15-MAR-2025

N/A N/A FOB: Destination

00 10 00-11

Section 00 21 00 - Instructions

BIDDER INQUIRY INFORMATION

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

ProjNet will be closed for inquiries after the Close of Business on the tenth business day preceding the solicitation due date. 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.

Responses to bidder inquiries will be posted to ProjNet by 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: JFPHZW-IRYR24

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

4) 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) The acquisition is being conducted using 100% Small Business Set-Aside Competition using Best Value Tradeoff (BVTO) source selection procedures in accordance with FAR Part 15. The Government intends to award a single, firm-fixed-price construction contract to the responsible offeror whose proposal represents the best value to the Government after evaluation in accordance with the evaluation factors in the solicitation. The Government reserves the right to accept other than the lowest-priced offer or to reject all offers. Offerors shall submit two volumes: (1) a past performance volume and (2) a price volume. The evaluation results of the non-price and price proposals will determine an awardee. The Past Performance Factor is approximately equal to price in importance.

(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. Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. The evaluation board will not consider any information or data incorporated by reference or otherwise referred to. The successful offeror will be selected solely on the basis of the evaluation factors set forth below. Elaborate proposals, color brochures, and other excesses are discouraged. The offeror’s technical proposal will be incorporated into the awarded contract.

(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

00 21 00-1 include other arrangements such as “teaming agreements” or “strategic alliances” which are not recognized as bona fide joint ventures for the purposes of this solicitation. A company that is part of a joint venture shall submit a legally binding joint venture agreement. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. If submitting a proposal as a joint venture, the past performance of each of the joint venture partners can be submitted for the joint venture entity.

The past performance for each joint venture partner will be considered the past performance of the joint venture entity. Page and project form limits apply to the joint venture as a whole. Prospective offerors that submit proposals may not change their firm (including Letters of Commitment (LOC) and proposed subcontractors) or their Joint Venture firms, if selected to submit Final Proposal Revisions (FPR), if applicable.

2. CONTENT AND SUBMISSION OF PROPOSALS

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

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

Title Page. Each copy must include the offeror’s name and address, phone number 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.

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

(2) Proposal Content Limitations.

The offeror must confine the proposal to relevant information and documentation sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal. Page limitations for the non-price factor are listed within the individual factor descriptions.

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.

00 21 00-2

(3) English Language Requirement. In order for a proposal to be considered, it MUST be prepared in ENGLISH.

B. Content of Proposals: All proposals must be prepared in two volumes. 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 Volume I must not contain pricing information. The 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) 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 Factor 1, 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 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 / Bid Schedule.

The offeror shall fully complete this section.

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

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

Tab 4 – Banking and Bonding Points of Contact.

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

Tab 5 – Bid/Offer Guarantee.

The Bid Bond shall be at least 20% of the bid price but shall not exceed $3 million. See FAR 52.228-1 – Bid Guarantee. Submit one (1) scanned copy of the completed Bid Bond, Standard Form 24. Corporate sureties must appear on the list contained in the Department of Treasury list at:

https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. This item is not rated.

However, the Government will review the bid bond for legal sufficiency. Any bid bond found to be legally insufficient may render an offer ineligible for award.

C. 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

00 21 00-3

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 Nicole Adams, Nicole.A.Adams@usace.army.mil, and Andrea Smothers, Andrea.k.smothers@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 (e.g., “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., offeror’s 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).

3. EVALUATION FACTORS

VOLUME I

FACTOR 1 – Past Performance

Requirements:

Submit information* for three (3) 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 seven (7) years from solicitation issue date.

“Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government will not evaluate the project for relevancy or quality.

Additionally, offerors must have self-performed at least 15% of the direct contract labor (including testing and layout personnel), exclusive of other general condition or field overhead personnel, material, equipment, or subcontractors in order for a submitted project performed by the offeror to be considered relevant.

00 21 00-4

A maximum of three (3) projects will be evaluated. If an offeror disregards these instructions and submits more than three projects, only the first three projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below.

Instructions on the use of subcontractor past performance: Offerors may use the past performance of subcontractors. If the offeror submits past performance of a subcontractor, the offeror must submit a letter of commitment from the subcontractor on the letterhead of the firm to be subcontracted.

The letter of commitment must be signed by an authorized individual from the subcontractor that is proposed to perform the work. If a letter of commitment is not submitted, the past performance will not be considered.

*For each project, submit the following information:

Information outlined in Attachment A, Offeror Experience Form. The offeror must address all items included in Attachment A. The offeror may submit no more than two (2) pages per project, totaling a maximum of six (6) pages. If more than two (2) pages are submitted for a project, only the first two (2) pages will be evaluated.

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

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

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

o Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Nicole Adams, via email at Nicole.A.Adams@usace.army.mil and Andrea Smothers at Andrea.k.smothers@usace.army.mil, prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

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

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

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

In addition to the above, the Government may review other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the PPIRS (Past Performance Information Retrieval System) including CPARS, using all CAGE/DUNS (Commercial and Government Entity Code/Data Universal Numbering System) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases, telephone interviews with organizations familiar with the

00 21 00-5 offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, and any other known sources not provided by the offeror.

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

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

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 two (2) aspects to the past performance evaluation: 1) recency and relevancy (including context of data), and 2) quality (including general trends in contractor performance and source of information).

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

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 a submitted project involved drilling and installing tensioned rock anchors and rockfall mesh on steep and varying slope

The extent to which a submitted project involved complex/limited site access, limited workspace, 00 21 00-6 and other site restrictions

The second 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 two 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 of greater value to the Government 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

Price Evaluation

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

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

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CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2.4% 6.9%

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

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

00 21 00-8 violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Lane County, Oregon (Economic Code 173)

(End of provision)

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

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

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(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be twenty (20) percent of the bid price or $3,000,000, 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:

USACE – Portland District ATTN: CECT-NWP-C, Andrea Smothers

PO BOX 2946

Portland, OR 97208-2946

Email: andrea.k.smothers@usace.army.mil

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(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 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 24 July 2023, at 1030AM PDT

(c) Location and Parking: Hills Creek Dam, Oakridge, OR. Hills Creek Road, spillway/right abutment 43.710100, -122.421521

(d) Requirements: Interested Site Visit Attendees are requested to RSVP your planned attendance with the following information to Nicole Adams and Andrea Smothers via email at Nicole.A.Adams@usace.army.mil and andrea.k.smothers@usace.army.mil no later than 1400 PT on 19 July 2023.

NAME:

COMPANY NAME:

PHONE:

EMAIL:

(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 00-11

(b) The use in this solicitation of any DFARS (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 00-12

Section 00 45 00 - Representations and Certifications

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

(2) The small business size standard is $45,000,000.

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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—

(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

00 45 00-1

(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.