10R0001 Sol and Specs.pdf

INV. NO. W911KB-10-R-0001

BID DOCUMENTS

NAVIGATION IMPROVEMENTS

AKUTAN, ALASKA

SOLICITATION, OFFER, AND AWARD

SUPPLIES OR SERVICES AND PRICE/COSTS

CONSTRUCTION SPECIFICATIONS/STATEMENT OF WORK

INSPECTION AND ACCEPTANCE

SPECIAL CONTRACT REQUIREMENTS

CONTRACT CLAUSES

LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

EVALUATION FACTORS FOR AWARD

3 DEC 2009

U.S. ARMY ENGINEER DISTRICT, ALASKA

CORPS OF ENGINEERS

P.O. BOX 6898

ELMENDORF AFB, ALASKA 99506-0898

INCREASE PROFIT SUBMIT VE CHANGES

Navigation Improvements, Akutan, Alaska

Description of Work: The Base and Option w ork includes construction of a mooring basin, the breakw aters, and an entrance channel . Work for the Base and Options includes: obtaining, delivering, and placing about 29,000 CY of Core Rock, 14,000 CY of “B” Rock and 17,000CY of armor rock for the breakw aters; excavating/dredging 960,000CY of material for the entrance channel and mooring basin; stockpiling on site 960,000CY of material including stabilizing, top soil and seeding; and obtaining, delivering and placing 11,000 CY of f ilter rock and 14,000CY of slope protection on the mooring basin side slopes. There is no government furnished rock source for this project. The contractor is to furnish all labor, equipment, supplies, materials, supervision and other items necessary to accomplish the w ork. Some w ork features w ill be separately aw ardable options.

YOLANDA M IKNER 907-753-2553

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

09-Dec-2009

(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 ________940 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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________14 Jan 2010 (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 is, X 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 _______60 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

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

W911KB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 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:

W911KB-10-R-0001 92

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

W911KB-10-R-0001

Section 00 11 00 - STANDARD FORM (SF) 1442

! ! ! C A U T I O N T O O F F E R O R S ! ! !

1. BUSINESS HOURS: For the Alaska District Corps of Engineers is from 7:30 A.M. to 4:00 P.M., Monday through Friday.

2. SUBMIT PROPOSALS: To deliver proposals to the US Army Corps of Engineers, 2204 Third St, Elmendorf AFB, Alaska, you will need to submit a request for a base pass 48 hours prior to proposal due date (See Section 00100 for additional instructions). Hand deliveries to the Alaska District, you will need call extension 753-2525 or 753-2545 in advance to arrange for pick-up. Be advised there is limited telephone service in the lobby. Please be sure to submit proposals by the time specified on Standard Form 1442, Block 13-A. Any bids received after the specified time will not be accepted.

3. VISITORS TO ELMENDORF AFB: ***NOTE: BE ADVISED THAT DUE TO BASE SECURITY

MEASURES, YOU WILL NEED EXTRA TIME TO PROCESS THROUGH BONIFACE GATE. You are required to have the following to obtain a base pass: current Anchorage emissions control inspection certificate, driver’s license, DOD ID card (if applicable), proof of insurance, Alaska vehicle registration and Contracting Division point of contact/telephone number.

4. AMENDMENTS: Have you acknowledge receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact our office, (907)753-2545 or (907)753-2553. SEE SECTION 0021 00 FOR

ADDITIONAL INFORMATION REGARDING AMENDMENTS.

5. AMENDED PROPOSAL PAGES: If any of the amendments furnished amended proposal pages, the amended pages must be used in submitting your proposals.

6. OFFER GUARANTEE: An Offer Guarantee is not required. Instead of submitting an Offer Guarantee, offerors are to submit a letter from their bonding company indicating the offerors ability to obtain performance and payment bonds in the amount of their proposal price.

7. MISTAKE IN PROPOSAL: Have you reviewed your proposal price for possible errors in calculation or work left out?

8. OFFER ACCEPTANCE PERIOD: The minimum OFFER acceptance period is specified in Block 13D of the Standard Form 1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your proposal.

9. WEB-SITE: The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the Federal Business Opportunity website at www.fbo.gov.

TABLE OF CONTENTS

SECTION 00 11 00 Solicitation Contract Form (SF 1442) Corporation, Partnership, Joint Venture, or LLC Certificates Pre-Award Questionnaire

SECTION 00 21 00 Proposal Schedule/Instructions to Bidders

SECTION 00 22 11 Evaluation Factors for Award

SECTION 00 45 00 Representations and Certifications

SECTION 00 72 00 Contract Clauses

SECTION 00 73 46 Wage Rates

SECTION 00 73 00 Special Contract Requirements

DIVISION 01 General Requirements

DIVISION 02 Existing Conditions

DIVISION 31 - EARTHWORK

DIVISION 32 EXTERIOR IMPROVEMENTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

---End of Project Table of Contents---

If the offer is submitted by a corporation, partnership, Joint Venture or an LLC, the applicable form listed must be completed. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CERTIFICATE

Corporation

I, ________________________________, certify that I am __________________ of the corporation named as

Contractor herein, that __________________________ who signed this contract on behalf of the Contractor was then

__________________________ of said governing body and is within the scope of its corporate powers.

CORPORATE SEAL SIGNED: _______________________________

CERTIFICATE

Limited Liability Company (LLC)

I, __________________________, certify that I am the ____________________ of the LLC named as

Offeror/Contractor herein; that __________________________ who signed this offer/contract on behalf of the

Offeror/Contractor was then __________________________ of said LLC; that said offer/contract was duly signed for and on behalf of said LLC by authority of its governing body, and is within the scope of its corporate powers.

SIGNED:

Name:

Title:

SIGNED:

Name:

Title:

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State "none" or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

(Type or Print Name) (Signature)

JOINT VENTURE

I, __________________________, certify that I am the Secretary of the

Corporation named as Offeror/Contractor Herein, that __________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers. IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this

____________ day of ____________

CORPORATE SEAL SIGNED: _______________________________

PRE-AWARD QUESTIONNAIRE

FIRM NAME, ADDRESS & TELEPHONE RFP No. W911KB-10-R-0001

CAGE Code:

TYPE OF BUSINESS:

Individual Partnership LLC Joint Venture

Corporation in the State of ______________________

SIZE: Small Large

LIST OF CORPORATION OFFICERS/PARTNERS BY NAME AND TITLE

YEARS EXPERIENCE in the field of proposed work (_________).

Also indicate similarity between work currently being produced and work required under subject invitation:

Financial Institution Ratings. Is your firm listed in:

a. Dun & Bradstreet: No Yes If yes, what is the rating?

b. Thomas Register: No Yes If yes, what is the rating?

Financial Ability: Please attach a certified current balance sheet and latest profit and loss statement signed by an officer of the company. The last financial statement will be acceptable if it is less than 6 months old.

Reputation and Integrity:

Name POC Telephone No.

Bank:

List all pending lawsuits or unsatisfied judgments against your firm, the nature of same and Court where filed or adjudicated. Lawsuits or judgments where full payment will be made or are covered by your insurance are not to be included.

List all pending contract claims. State nature of claim, amount, and approximate date filed.

Signed:____________________________________

Typed/Printed Name:____________________________________

Title:____________________________________

Date:_________________

PROPOSAL SCHEDULE

NAVIGATION IMPROVEMENTS, AKUTAN, ALASKA

BASE ITEMS

Item No.

Description Estimated Quantity

Unit Unit Price

Amount

0001 ARRA Mobilization and Demobilization, complete. Federal Funding 90%

1 LS $__________ $__________

0002 Mobilization and Demobilization, complete.

Local Funding 10%

1 LS $__________ $__________

0003 ARRA Harbor Basin Excavation, complete Federal Funding

729,000 CY $__________ $__________

0004 Harbor Basin Excavation, complete Local Funding

81,000 CY $__________ $__________

0005 ARRA Construct Access Road Fill, complete Federal Funding

27,000 CY $__________ $__________

0006 Construct Access Road Fill, complete Local Funding

3,000 CY $__________ $__________

0007 ARRA Seeding, complete Federal Funding 45,900 SY $__________ $__________

0008 Seeding, complete Local Funding 5,100 SY $__________ $__________

0009 ARRA Excavate Potentially Contaminated Soils with Debris, complete Federal Funding

2,700 CY $__________ $__________

0010 Excavate Potentially Contaminated Soils with Debris, complete Local Funding

300 CY $__________ $__________

0011 Dispose of Contaminated Soil, complete Local Funding

200 CY $__________ $__________

0012 ARRA Partnering Session Federal Funding 90% 1 LS $__________ $__________

0013 Partnering Session Local Funding 1 LS $__________ $__________

Total of Base Items 0001 thru 0013 $__________

OPTIONAL ITEMS

No.

Description Estimated Quantity

Unit Unit Price

Amount

0014 ARRA Construct Drainage Diversion, complete Federal Funding 90%

1 LS $__________ $__________

0015 Construct Drainage Diversion, complete Local Funding 10%

1 LS $__________ $__________

0016 ARRA Excavate Potentially Contaminated Soil, complete Federal Funding

450 CY $__________ $__________

0017 Excavate Potentially Contaminated Soil, complete Local Funding

50 CY $__________ $__________

0018 Dispose of Contaminated Soil, complete Local Funding

50 CY $__________ $__________

0019 ARRA Construct Harbor Filter Material, complete Federal Funding

9,000 CY $__________ $__________

0020 Construct Harbor Filter Material, complete Local Funding

1,000 CY $__________ $__________

0021 ARRA Construct Harbor Slope Protection Rock, complete Federal Funding

14,130 CY $__________ $__________

0022 Construct Harbor Slope Protection Rock, complete Local Funding

1,570 CY $__________ $__________

0023 ARRA Entrance Channel Excavation, complete Federal Funding

134,550 CY $__________ $__________

0024 Entrance Channel Excavation, complete Local Funding

14,950 CY $__________ $__________

0025 ARRA Construct Breakwater Armor Rock, complete Federal Funding

18,000 CY $__________ $__________

0026 Construct Breakwater Armor Rock, complete Local Funding

2,000 CY $__________ $__________

0027 ARRA Construct Breakwater B Rock, complete Federal Funding

10,620 CY $__________ $__________

OPTIONAL ITEMS

No.

Description Estimated Quantity

Unit Unit Price

Amount

0028 Construct Breakwater B Rock, complete Local Funding

1,180 CY $__________ $__________

0029 ARRA Construct Breakwater Core Rock, complete Federal Funding

20,430 CY $__________ $__________

0030 Construct Breakwater Core Rock, complete Local Funding

2,270 CY $__________ $__________

0031 ARRA Construct Access Road Surface Course Federal Funding

1,260 CY $__________ $__________

0032 Construct Access Road Surface Course Local Funding

140 CY $__________ $__________

0033 ARRA Seeding complete Federal Funding

8,370 SY $__________ $__________

0034 Seeding complete Local Funding

930 SY $__________ $__________

Total of Option Items 0014 - 0034 $__________

Total of Base and Option Items 0001 - 0034 $__________

EVALUTIONS OF OFFERS.

1. AWARD: Award will be made in accordance with Section 00 22 11, PROPOSAL SUBMISSION

REQUIREMENTS, EVALUATION CRITERIA AND BASIS FOR AWARD.

Award will be made to the low, responsive, responsible offeror on the total of all items (Base and

Options).

2. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule constitutes an incomplete offer. Incomplete offers may be rejected. Lump sum or unit prices must be shown for each item within the schedule.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government.

In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

4. SPECIAL CONDITION: If a modification to an offer based on unit prices is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the proposal schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the proposal schedule.

Note to Offerors:

1. The Federal portion of this project is being funded under the American Recovery and Reinvestment Act of

2009 (ARRA). Due to this the Line Items in the Proposal Schedule are required to be separated based on the Cost Share percentage in order to separate the Federal ARRA funding from the Local funding. These percentages are reflected in the quantities for the unit price line items and as a percentage for the lump sum line items.

2. In accordance with FAR 52.215-1 Instructions To Offerors - Competitive Acquisition (Jan 2004) para.

(f)(8), “The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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.”

3. The following Option Items (if needed) will be exercised concurrently.

- 0011, 0012

- 0013, 0014, 0015, 0016

4. A permit to divert a stream was being processed by the State of Alaska at the time this solicitation was released. The permit is expected to be issued well before the proposal due date and coordination with regulators has allowed the design and anticipated permit-related conditions and stipulations to be incorporated into the solicitation. However, no award will be made until all required permits are obtained.

The Government reserves the right to cancel this solicitation prior to award with no obligation to the offeror or the Government if unanticipated and insurmountable permitting issues are encountered.

5. Local Points of Contact in Akutan for the Project.

City of Akutan, Joe Bereskin, Mayor, 907-907-698-2241 Trident Seafood Processors, Steve Francis, 907-698-2211

Section 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)—ALTERNATE II

(OCT 1997)

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

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

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

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

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

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

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

(c) Submission, modification, or revision of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements.

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

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

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

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

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

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

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

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

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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.

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile and email proposals, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine or email.

(b) Offerors may submit facsimile and/or email proposals for Volume II – Pro Forma Requirements and Price Proposal ONLY. Offerors shall submit Volume I – Technical Proposal via hardcopy in accordance with the instructions in Section 00100, Instuctions to Offerors as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 907-753-2544. The email address for proposals is r.david.williams@usace.army.mil

(d) If any portion of a facsimile and/or email proposals received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile and/or email proposals. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

If a contract in the amount of $10 million or more will result from this solicitation, the prospective Contractor and its known first-tier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP), unless, within the preceding 24 months, OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246.

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 – Alaska District, Chief of Contracting, P.O. Box 6898, Elmendorf AFB AK 99506-0898 (Physical Address: 2204 Third Street, Elmendorf AFB, AK 99506)

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

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 pre-proposal meeting has been scheduled for--

January 5, 2010 Dial: 1-877-784-3237 Participant pass code: 59054 The conference will start at 9:00 A.M. Alaska Time

(c) Participants will meet at--

Denali Commission, 510 L St, Suite 410, Anchorage, AK

Located in the Peterson Tower, 4th Floor at the corner 5th and L There is visitor parking at 7th and L listed as Denali Commission Guests

In addition site visits may be arranged during normal duty hours by contacting:

Name: Joe Bereskin, Mayor of Akutan

Address: Akutan, Alaska Telephone 907-698-2241

Section 00 21 00 - Instructions To Offerors and Section 00 22 10 - Evaluation Factors for Award

Part 1: GENERAL INFORMATION

1. MAGNITUDE

The magnitude of this project is between $25,000,000 and $100,000,000.

2. SOLICITATION

The solicitation in electronic format only will be available for download at www.fbo.gov Reference synopsis for download instructions.

3. BOND AMOUNT REQUIRED

a. Performance and Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the original price.

(2) The Government may require additional bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

b. Offer Guarantee: An Offer Guarantee is not required. Instead of submitting an Offer Guarantee, offerors are to submit a letter from their bonding company indicating the offerors ability to obtain performance and payment bonds in the amount of their proposal price.

4. SURETY REQUIREMENTS

a. Corporate Sureties - Corporate sureties for performance, and payment bonds must appear on the list contained in Department of the Treasury's Listing of Approved Sureties (Department Circular

570) located at the following website:

http://www.fms.treas.gov/c570/c570.html#certified

Other requirements for corporate sureties are contained in FAR 28.202.

b. Individual Sureties - If individual sureties are used for bond obligations, they must meet the requirements under FAR 28.203.

5. INQUIRIES

All inquiries must be submitted in writing. Prospective Offerors may submit all inquires regarding this solicitation to:

U.S. Army Engineer District, Alaska

CEPOA-CT-SP

Attn: R. David Williams, Contracting Officer PO Box 6898, Elmendorf AFB, Alaska 99506-6898

Phone: (907) 753-5571 or faxed to (907) 753-2544.

Questions may also be emailed to yolanda.m.ikner@usace.army.mil or christine.a.dale@usace.army.mil.

6. VISITORS TO THE ARMY AND AIR FORCE BASES

All vehicle operators are required to wear seatbelts. Vehicle operators caught not wearing seatbelts will lose their driving privileges for 10 days on their first offense, 30 days on the second offense, and 6 months or longer on the third offense. In addition cell phone use while operating a vehicle is prohibited on Elmendorf AFB.

Please note that base entry procedures have changed. Offerors are now required to be physically sponsored on Elmendorf AFB by Contracting Division personnel.

If a firm does not have a current pass to obtain entry to Elmendorf AFB, the firm may request a day pass using the following procedures:

VISITORS TO ELMENDORF AFB: ***NOTE: BE ADVISED THAT DUE TO BASE SECURITY

MEASURES, BASE ACCESS TO NON-DOD PERSONNEL IS LIMITED AND RESTRICTED AND

REQUIRES YOU TO PLAN FOR EXTRA TIME TO PROCESS THROUGH THE BONIFACE GATE.

You are required to have the following to obtain a base pass: current Anchorage emissions control inspection certificate, driver's license, DOD ID card (if applicable), proof of insurance, Alaska vehicle registration and Contracting Division point of contact/telephone number. In addition, contractor must submit a request for pass at least 48 hours prior to desired date and time of base entry. For a day pass request, please contact Yolanda Ikner at 753-2553 or e-mail request to yolanda.m.ikner@usace.army.mil.

Failure to follow the above procedure will prevent your access to Elmendorf AFB.

7. FACSIMILE PROPOSALS

Facsimile and/or email proposals will only be accepted for Volume II – Pro Forma Requirements and Price Proposal ONLY. Offerors shall submit Volume I – Technical Proposal via hardcopy in accordance with the instructions below in this section. Offerors are reminded that FAR Clause 52.215-5 – Facsimile Proposals (Oct 1997) will apply to any portion faxed or emailed.

8. PRE-PROPOSAL MEETING/SITE VISIT

Please reference 52.236-27 – Site Visit (Construction) (Feb 1995) Alternate I (Feb 1995), for site visit information.

9. PRE-AWARD SURVEYS

The Government reserves the right to conduct a pre-award survey of any firm under consideration to confirm any part of the information furnished by the offeror, or to require other evidence of managerial, financial, technical, and other capabilities, the positive establishment of which is determined by the Government to be necessary for the successful performance of the contract. As a minimum the offeror is required to supply those items listed in the Pre-Award Questionnaire following the Proposal Schedule.

10. EXCLUSION OF DEBARRED AND SUSPENDED CONTRACTORS

By entering into this contract, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR subpart 9.4.

Part II: METHOD OF PROCUREMENT

1. The U.S. Army Corps of Engineers, Alaska District, intends to solicit this requirement using the source selection procedures in accordance with the provisions set forth in this Request for Proposal (RFP). A firm fixed price construction contract will be awarded to the offeror who submits a proposal with the lowest total evaluated price for the base and optional items meeting or exceeding the acceptability standards for non-cost factors. .

A. The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation.

B. Tradeoffs are not permitted.

C. Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.

D. Past Performance shall be evaluated in accordance with 15.305. However, the comparative assessment in 15.305(a)(2)(i) does not apply.

E. Exchanges may occur (see 15.306).

2. In accordance with FAR 52.215-1, Para. (f)(4), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

Part III: PROPOSAL SUBMITTAL REQUIREMENTS

1. This section of the RFP provides general guidance for preparing proposals as well as specific instructions on the format and content of the proposal. The offeror’s proposal must include all data and information required by the RFP and must be submitted in accordance with these instructions. Non-conformance with the specific proposal content and format stated in the RFP may result in rejection of the proposal.

2. Submit your proposal packages to the Corps of Engineers at the address shown in Paragraph 5. above.

3. The Government must receive your proposal no later than the time and date specified in Block 13 of

Standard Form 1442.

4. Submit your proposal in two volumes:

A) Volume I shall contain the Technical Proposal comprised of three sections labeled Experience, Past Performance, and Understanding the Requirements. Volume I shall contain no cost or price information. The goal of this Volume is to be 3 pages in length and the maximum is 20 pages.

B) Volume II shall contain the Pro Forma Requirements and Price Proposal (price proposal and information, representations/certifications).

C) Both volumes shall be in 8 ½ by 11-inch format. Graphs and drawings may be presented in fold out pages up to 11 by 17-inch format.

5. Each volume shall indicate the title, volume number, RFP number, and name and address of offeror. Each page of the proposal shall be numbered.

6. Provide an original and five copies of Volume I Provide an original and one copy of Volume II.

7. Offerors shall submit with their proposals a list of the names and telephone numbers of persons authorized to conduct negotiations.

I. INITIAL PROPOSAL COMPLIANCE

1. ARITHMETIC DISCREPANCIES

For the purpose of initial evaluation of proposals, the following will be utilized in resolving arithmetic discrepancies found on the face of the proposal schedule as submitted by offerors:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between unit price and extended price, the unit price will govern;

c. Apparent errors in extension of unit price will be corrected;

d. Apparent errors in addition of lump-sum and extended price will be corrected.

e. For the purpose of proposal evaluation, the government will proceed on assumption that the offeror intends his proposal to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the proposals will be so reflected on the abstract.

II. FACTORS FOR EVALUATION

Volume I – Technical Proposal

A. Experience B. Past performance C. Understanding of the Requirement

VOLUME II – PRO FORMA REQUIREMENTS AND PRICE PROPOSAL

A. Standard Form 1442 B. Proposal Schedule/Price Information. Include Corporate Certificate C. Section 00600, Representations and Certifications D. Pre-award Survey/Bank Reference E. Letter from their bonding company indicating the offerors ability to obtain performance and payment bonds in the amount of their proposal price.

F. Subcontracting Plan and Small Business Participation. The Government will evaluate the proposed subcontracting plan separately in accordance with AFARS Appendix DD.

The Government will evaluate those factors as follows:

VOLUME I – TECHNICAL PROPOSAL

The technical proposal shall be organized sequentially under tabs to facilitate evaluation, and shall include the following:

TAB A - EXPERIENCE

A) Relevant experience shall be submitted by describing the following: project name, location, owner’s name and phone number, work performed by offeror, contract amount, performance period dates, safety record, key subcontractors and their roles, and explain any performance issues.

B) OFFEROR (PRIME CONTRACTOR): Provide examples of projects (government or commercial at least 75% complete) for the past ten (10) years. Provide projects accomplished by prime only, subcontractor team member, or where prime and subcontractor worked together as a team; which are similar in size, complexity, scope, and magnitude. The projects should conclusively demonstrate the offeror’s ability to complete the work required under this RFP. In the case of joint ventures, past projects from any of the signatory firms are acceptable. For joint ventures, the offeror’s portion of participation in the past project(s) must be clearly identified.

C) The Government defines experience as learning by doing. The Government will evaluate the recency, relevance, depth, and breadth of an offeror’s experience, to include any joint ventures and subcontractors, on the basis of the offeror’s experience or subcontractor team members or where prime and subcontractor worked together as a team on projects that are similar in size, nature, scope, remoteness, and complexity to the work that will be required under the contract for which offers are solicited by this request for proposal.

D) Relevant experience will be ranked according the following criteria in descending order of importance:

1. Projects that included excavation between 300,000 CYs and 1,000,000 CYs of material.

2. Projects completed under difficult conditions including remote locations, limited site access (ie. no road access), required upland disposal of excavated material, and excavation in areas of shallow groundwater.

3. Projects involving construction of breakwaters, jetties, and dikes in remote locations (off contiguous road systems). Construction includes quarrying of rock; procurement, transportation, and placement of materials to meet the required design specification.

4. Projects that included rock placement in marine environments.

5. Projects with short construction periods due to late-season thaw and early-season freezing conditions.

6. Projects (government or commercial at least 75% complete) for the past ten (10) years.

Recent projects (last 5 years) will be ranked…