A.07.23_W911KB-17-R-0051.pdf

REQUEST FOR PROPOSAL

US Army Corps of Engineers Alaska District

KET004

(P2 No. 403447)

THOMAS BASIN MAINTENANCE

DREDGING

KETCHIKAN, ALASKA

W911KB-17-R-0051

LGLRVW

May 24, 2017

(INTENTIONALLY LEFT BLANK)

PROJECT TITLE AND LOCATION: THOMAS BASIN MAINTENANCE DREDGING, KETCHIKAN, ALASKA

NAICS: 237990 Size Standard: $27.5M Small Business Set-Aside - Low est Price Technically Acceptable

Description of Work: Perform pre- and post-dredge surveys, maintenance dredging, and disposal of contaminated dredge material for Thomas Basin in Ketchikan, Alaska. Transportation and disposal of the contaminated dredged material at a suitable upland site shall be the responsibility of the Contractor. The Contractor is to furnish all labor, equipment, supplies, materials, supervision, and other items/services necessary to accomplish the w ork. Type of contract is f irm-fixed price. The Davis-Bacon Act shall apply.

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS

AU M NGUYEN 907-753-5754

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

24-May-2017

(RFP)

(IFB)

X

CALL:

Thomas Basin, Ketchikan, AK

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specified in Item 8 by _ local time 23 June 2017(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

JBER AK 99506-0898

W911KB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

2:00 P___ M (hour) Sealed envelopes containing offers

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

403447

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

FAX:TEL: TEL: FAX:

W911KB-17-R-0051 110

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 11 00 - STANDARD FORM (SF) 1442

SPECIAL INSTRUCTIONS

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

(a) BUSINESS HOURS: Proposals will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30 AM to 4:30PM) Monday through Friday excluding holidays up to the date proposals are due. On the date proposals are due the business hours will be 7:30 AM up to the time proposals are due.

(b) SUBMIT PROPOSALS: To deliver proposals, please follow the instructions in Section 00 21 00

- Instructions, Conditions and Notices To Offerors paragraph PROPOSAL SUBMITTALS

INSTRUCTIONS

(c) AMENDMENTS: Have you acknowledge receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact our office, (907)753-2703 or (907)753-5618.

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

(e) 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.

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

(g) 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.

(h) 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

00 11 00 SOLICITATION CONTRACT FORM (SF1442)

PROPOSAL SCHEDULE

CORPORATION, PARTNERSHIP, JOINT VENTURE, OR LLC

CERTIFICATES

PRE-AWARD QUESTIONNAIRE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 22 11 EVALUATION CRITERIA AND BASIS OF AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION SCHEDULE

DIVISION 01 – GENERAL REQUIREMENTS

01 19 40.00 29 SPECIAL ITEMS (CIVIL WORKS)

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 29 CONTRACTOR QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 31 – EARTHWORK

31 09 13.00 29 SURVEYS (CIVIL WORKS)

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 20 24.00 29 MAINTENANCE DREDGING

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

PROPOSAL SCHEDULE RFP No. W911KB-17-R-0051

Thomas Basin Maintenance Dredging Ketchikan, Alaska

Item Unit

No. Description Quantity Unit Price Amount

BASE ITEMS

0001. Mobilization and

Demobilization, complete. 1 Job $________ $________

0002. Harbor Dredging and Dredged

Material Disposal, complete.

0002AA. First 3,000 cubic yards 3,000 CY $________ $________

0002AB. All over 3,000 cubic yards 1,500 CY $________ $________

0003. Topographic/Hydrographic

Surveys, complete. 2 EA $________ $________

Total of Base Items 0001. thru 0003 $_________

Total of All Items 0001. thru 0003 $_________

EVALUATION OF OFFERS.

Notes:

1. See SECTION 01 22 00.00 10 PRICE AND PAYMENT PROCEDURES for work included in Proposal Items.

EVALUATION OF PROPOSALS:

1. AWARD: Award will be made in accordance with Section 00 22 11 ‐ EVALUATION FACTORS FOR AWARD

2. INCOMPLETE PROPOSALS: Failure to submit a proposal on all items in the schedule will result in an incomplete proposal and the proposal may be rejected. Prices must be shown for each item within the schedule.

‐‐ END OF PROPOSAL SCHEDULE ‐‐

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.

NOTE: LLCs must submit Operating Agreement & Articles of Organization with their 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:

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.

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:

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

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT CONTRUCTION COST MAGNITUDE

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE AND LLC PROPOSAL REQUIREMENTS

1.13 BONDING REQUIREMENTS

1.14 BUY AMERICAN ACT ADVISORY NOTICE

1.15 SOLICITATION PROVISIONS

1.5.1 BIDDERS INQUIRY

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

Perform pre- and post-dredge surveys, maintenance dredging, and disposal of contaminated dredge material for Thomas Basin in Ketchikan, Alaska. Transportation and disposal of the contaminated dredged material at a suitable upland site shall be the responsibility of the Contractor. The Contractor is to furnish all labor, equipment, supplies, materials, supervision, and other items/services necessary to accomplish the work. Type of contract is firm-fixed price.

The Davis-Bacon Act shall apply.

1.2 CONTRACT CONTRUCTION COST MAGNITUDE

The construction costs will be subject to the funds available for this project. The magnitude of this project is from $1,000,000 to $5,000,000.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Alaska District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be

REJECTED by the US Army Corps of Engineers mail room facility located at 2204 3rd St, JBER, AK 99506 if it does not contain a return mailing address. There will be no exceptions.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted at the Government’s Federal Business Opportunities website at:

www.fedbizopps.gov.

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

Contract Specialist – Primary POC U.S. Army Engineer District, Alaska ATTN: CEPOA-CT (Nguyen) P.O. Box 6898 JBER, Alaska 99506-0898 Phone: 907-753-5754 Fax: 907-753-2544 Email: au.m.nguyen@usace.army.mil with a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil.

1.5.1 Bidder Inquiry

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in

ProjNet at (https://www.projnet.org) No Later Than (NLT) 7 Calendar Days prior to proposal submission. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry

Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email.

Another email to the same address will notify the prospective vendor once the reply is available for viewing. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted in an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized. In the event of a conflict between the bidder inquiry responses and the solicitation, the solicitation shall govern.

The Bidder Inquiry Key is: QTGMTY-42N9JW

The Solicitation Number is : W911KB-17-R-0051

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

The assigned NAICS Code is 237990, size standard $27.5 Million

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

See Solicitation Provision 52.236-28 in paragraph 1.15

1.8 PREPOSAL CONFERENCE

See Solicitation Provision 52.236-27 for details.

1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

Offerors must mail or deliver proposals to be received no later than the date and time stated on the standard form (SF) 1442 or subsequent solicitation amendment. Questions concerning proposal receipt can be directed to the Contract Specialist/Contracting Officer listed in the solicitation.

Offerors are advised to plan accordingly. No arrangements will be made by the government to assist in proposal delivery. Day-pass procedures will not be used for proposal delivery purposes nor are there proposal pick-up services. No escort services will be provided. It is incumbent on the offeror to plan for unanticipated delays in delivery of proposals. Due to heightened security at Government installations, visitors to Joint Base Elmendorf-Richardson (JBER) must use the Boniface Gate or Fort

Richardson Gate (Visitor Centers). All vehicle occupants are required to wear seatbelts and hand-held cell phone usage by vehicle operators while driving on base/post is prohibited. Violators will lose their

Base/Post driving privileges for these offenses.

Offerors who will have their proposals hand-delivered, or use personal delivery services such as DHL, UPS or FedEx, the delivery must be by person, courier or personal delivery service with active base access.

Proposals will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Nguyen) PO Box 6898 JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Nguyen, Room 30) 2204 3rd Street JBER, Alaska 99506

Proposals will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30

AM to 4:30PM) Monday through Friday excluding holidays until the date and time stated on the SF1442 or subsequent solicitation amendment. Proposers are advised that the Alaska District Corps of Engineers building has limited access. Only the main door (in front under the Corps of Engineers red flag facing

Talley Road which used to be known as Bluff Road) and the atrium doors (the tan addition to the main building located on Third Street/Fairchild Avenue) are open to individuals without a building pass. Room

30 is located in the basement, turn right if using the center stairs or elevator, room 30 is the last door on the left. There is a date/time stamp located at the front desk in Room 30 and is the official clock used for proposal receipt.

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W911KB-17-R-0051, DO NOT OPEN”

(Note: Facsimile proposals or modifications will not be accepted.)

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.11. PROPOSAL FORMAT

(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders (except that Pro Forma material and price proposal shall be submitted in a closed manila envelope. Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

(b) Electronic Format: Provide one (1) CD in read-only format, preferably using PDF files.

Narrative information must be provided in a searchable format, preferably PDF. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.

(c) Number of Copies:

VOLUME 1: Provide one (1) original and two (2) copies of Volume 1. Up to 30 pages will be acceptable (including cover letter, table of contents, narratives, schedule, and other required information except Past Performance). Care should be taken to ensure no pricing information is included in Volume 1. A single-sided, 8 ½ by 11-inch sheet is considered one page. Double-sided sheets will count as two pages. Over-sized sheets (up to 11 by 17-inch) will count as two pages. Double-sided, over-sized sheets will count as four pages. Font size shall be no less than 10 point. Past Performance Questionnaires are not part of the page count.

VOLUME 2: Provide one (1) original and one (1) CD. Narrative information must be provided in a searchable format, preferably PDF.

(d) Arithmetic Discrepancies

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

Obviously misplaced decimal points will be corrected;

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

Apparent errors in extension of unit price will be corrected;

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

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.

1.12. JOINT VENTURE AND LLC PROPOSAL REQUIREMENTS

a. Types of Firms: For the purposes of this solicitation, no distinction is made between formally organized entities and project-specific associations. Both are referred to as the offeror (or simply

“offeror”) or the contractor (or simply “contractor”) after award of a contract.

b. Offerors organized as a Joint Venture must complete the following:

Obtain a Tax Identification Number (TIN) as a Joint venture.

Prepare the Reps/Certs as a Joint venture (For example, provide the TIN of the joint venture. Do not use a TIN from one of the parties of the joint venture.)

All parties to the Joint venture must sign the proposal.

c. All offerors are advised that if they are the successful offeror, they must be registered in the System for

Award Management (SAM) as an Joint venture. We advise that they begin this process when they prepare their proposal in order to ensure this registration is in place should they be selected for the award.

Lack of registration in the SAM database will make an offeror ineligible for award. (Reference

Solicitation Provision 52.204-7, System for Award Management).

d. Offerors shall submit a list of the names and telephone numbers(s) of persons authorized to conduct negotiations in their proposals and provide a completed Certificate of Corporate Principal. A JV must submit a copy of the JV Agreement and an LLC must submit a copy of the article of organization. JV’s and LLC’s must provide evidence that the person(s) signing the offer has the authority to bind the organization.

e. Limited Liability Companies (LLC). When submitting your proposal, provide the Certificate of

Organization, Articles of Organization and the Operating Agreement. This information is used to verify the ability of members to bind the organization. Complete LLC certificate contained in Section 00 11 00.

1.13 BONDING REQUIREMENTS

1. BOND AMOUNT REQUIRED

a. Performance and Payment Bonds:

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

2. 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.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm

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.

1.14. BUY AMERICAN ACT ADVISORY NOTICE

Your attention is invited to Section 00 21 00, Provision 52.225-10 Notice of Buy American Requirement—Construction Materials. You are advised to inform your potential subcontractors and suppliers of the Buy American Act requirements contained in this solicitation. Subparagraph (b) of the clause provides instructions for pre-award determinations as follows: “Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act 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 the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act 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.” In accordance with FAR Part 25 Foreign Acquisition, subpart 25.205 entitled Post Award determinations, subparagraph (a), if a contractor requests a determination regarding the inapplicability of the Buy American Act after contract award, the contractor must explain why it could not request the determination before contract award or why the need for such determination otherwise was not reasonably foreseeable.

1.15. SOLICITATION PROVISIONS

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

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

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

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

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

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

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

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

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

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

“In writing or written” means any worded or numbered expression 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, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

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

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

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

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

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

(f) Contract award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial 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.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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

8.7% Alaska 15.1% (Locations

Outside city of Anchorage, Alaska)

6.9% Alaska

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

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

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

(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 Alaska.

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with…