W911WN09R0009.pdf

W81ET483434006

INDEFINITE DELIVERY, INDFINITE QUANTITY CONTRACT FOR CONSTRUCTION PROJECTS WITHIN THE PITTSBURGH DISTRICT CORPS OF

ENGINEERS BOUNDARIES.

THIS PROCUREMENT IS SET ASIDE FOR HUBZONE SMALL BUSINESS FIRMS ONLY.

PRICE SCHEDULE IN ATTACHED TASK ORDER 0001 WILL BE USED FOR BIDDING PURPOSES.

NOTE: The information for Block 11, show n below , w ill be given in each Task Order request.

DONNA DOOEN 412-395-7468

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

21-May-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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________NOTE ABOVE

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 __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Jun 2009 (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, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2116

PITTSBURGH PA 15222-4186

W911WN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

412-644-5109FAX:TEL: 412-395-7477 TEL: FAX:

W911WN-09-R-0009 75

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

W911WN-09-R-0009

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 30,000,000 Lump Sum

SMALL CONSTRUCTION PROGRAM

FFP

This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months, from the date of contract award, plus four (4) 12 month option years.

This MATOC is for construction tpye services as described in the contract specifications.

(See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $25,000 for the base period only. This acquisition will be set-aside for HUBZONE SMALL

BUSINESSES ONLY.

The contractor shall perform in accordance with the attached Scope of Work, with the Scope of Work provided with each Task Order and within strict accordance of the terms and conditions specified herein.

Be advised that payrolls must be submitted for this construction project. See attached information in the clause section of this document for the wage determinations and payroll submission details for each task order.

FOB: Destination

MILSTRIP: W81ET483434006

PURCHASE REQUEST NUMBER: W81ET483434006

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

SMALL CONSTRUCTION PROGRAM

FFP

The type of construction services are described in Line Item 0001. This line item represents the first option year of the contract. The Not-to-Exceed amount will be the unexpended amount remaining from Line Item 0001.

Any un-used capacity in iline item will be carried over into the subsequent contract period.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED

SMALL CONSTRUCTION PROGRAM

FFP

The type of construction services are described in Line Item 0001. This line item represents the second option year of the contract. The Not-to-Exceed amount will be the unexpended amount remaining from Line Item 0002.

Any un-used capacity in iline item will be carried over into the subsequent

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED

SMALL CONSTRUCTION PROGRAM

FFP

The type of construction services are described in Line Item 0001. This line item represents the third option year of the contract. The Not-to-Exceed amount will be the unexpended amount remaining from Line Item 0003.

Any un-used capacity in iline item will be carried over into the subsequent

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED

SMALL CONSTRUCTION PROGRAM

FFP

The type of construction services are described in Line Item 0001. This line item represents the fourth option year of the contract. The Not-to-Exceed amount will be the unexpended amount remaining from Line Item 0004.

Any un-used capacity in iline item will be carried over into the subsequent

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.209-4001 PRE-AWARD SURVEY (December 2006)

Prior to award of the contract, the technically acceptable low offeror will be required to furnish the following information upon request of the Contracting Officer:

(a) Financial ability to perform the contract, including the availability of necessary working capital and credit.

Offeror shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

(b) Business and financial reputation and integrity. Offeror shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

(c) Give brief history of business experience, including length of time in present business.

(d) Furnish statement as to similarity between services being rendered and those required by the proposed contract.

(e) Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

(f) Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

(g) Furnish name and address of surety company which will furnish performance and payment bonds, if required elsewhere in this contract.

(h) Furnish names and address of proposed subcontractors.

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision.

Additional copies will be issued for a fee.

52.214-4005 POINT OF CONTACT (February 2006)

Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:

(will be cited on individual request for Task Orders) for Technical Information.

Donna Dooen 412-395-7468 for Contracting Questions Email: donna.y.dooen@usace.army.mil

Requests for hardcopies of the specifications will not be honored by telephone. Vendors must register at https://www.fedteds.gov/ and download the plans and specifications. This site is also used for obtaining bid results and award information.

52.214-4009 SUBMISSION OF QUESTIONS (Feb 2006)

Due to the importance of maintaining the schedule for this project, it is requested that all questions regarding the specifications and/or drawings be submitted by June 11, 2009. All questions must be in writing and may be emailed to donna.y.dooen@usace.army.mil or faxed at 412-644-5109 to the point of contact listed for this solicitation. Any questions received after the above date will be answered at the discretion of the Contracting Officer.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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

(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 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.

(End of provision)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.215-4005 AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS (Jun 2005)

The right is reserved as the interest of the government may require, to revise or amend the specifications or drawings or both prior to the date set for receipt of proposals. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. If the revisions and amendments are of a nature which require material changes in the quantities or prices bid or both, the date set for receipt of proposals may be postponed by such number of days as in the opinion of the Issuing Office will enable offerors to revise their proposals. In such cases, the amendment will include an announcement of the new date for receipt of proposals.

52.222-4002 MINIMUM RATES (May 2005)

The wage rates specified in these specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay. The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

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

US Army Corps of Engineers, Pittsburgh District Attention: CECT-LRP 1000 Liberty Avenue, Room 2116 Pittsburgh, PA 15222-4186

(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 site visit has been scheduled for—

Thursday June 4, 2009 at 10:30 a.m.

(c) Participants will meet at—

Tionesta Lake Information Center Tionesta, PA 16353 814-755-3512

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

52.236-4000 SAFETY AND HEALTH REQUIREMENTS MANUAL (January 2009)

A copy of the current US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

52.236-4006 ESTIMATED COST OF THE WORK (May 2005)

This information will be cited in the individual request for each Task Order.

52.236-4007 LOCATION AND DESCRIPTION OF WORK (May 2005)

This information will be cited in the individual request for each Task Order

Location:

Description of Work.

52.236-4008 ACCESS TO SITE (May 2005)

The site of the work may be reached from state highways and local roads and streets as indicated on the drawings.

52.236-4013 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS (May 2005)

This project was designed by the Pittsburgh District of the U. S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

PROPOSAL PREPARATION INSTRUCTIONS

General Requirements.

1. In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section.

The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

2. Tabs. Proposal shall be organized and tabbed as shown in paragraph five (5), Submission Format.

3. Size of Printed Matter Submissions.

a) Written proposal materials shall be submitted in standard three ring loose-leaf binders. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Font size shall not be less than 10 point. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal; however, if drawings, charts, or other graphics are submitted, sheets no larger than 11 inches x 17 inches and folded to 8-1/2 inches x 11 inches shall be used. 11 x 17 inch sheets will be counted as 2 8-1/2 inch x 11 inch sheets. Volume II, Technical Proposal, shall not exceed 75 pages (75 single-sided), excluding the cover sheet and Table of Contents. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror must comply with the page limitations. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

b) The proposals shall contain a detailed table of contents. If more than one binder is used, the complete table of contents shall be included in each. A cover sheet identifying the Offeror (name, address, point of contact) project description and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration. The Government will not evaluate any information beyond the page limitation noted above.

Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies (e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be required, and shall be a different color than the original pages they are to replace.

4. Number of Copies. Offerors shall submit an original and one (1) hard copy of Volume I and an original and five

(5) hard copies of Volumes II of their Proposal in both hard copy and electronic format. Within three (3) days of contract award, the awardees shall submit Volumes I and II, updated to include all revisions, in electronic format on a CD-ROM. If the seed/initial task order project is awarded, the awardee shall also submit that paperwork.

5. Submission Format

VOLUME I – Price/Cost Proposal

TAB A – SF 1442, completed and signed by an authorized person from the company or team

TAB B – Section 00010 – Contract Line Item (CLIN) Schedule for the seed/initial task order project

TAB C – Section 00600 – Representations and Certifications

TAB D – PROPOSAL DATA SHEET – See the format provided in this Section. Ensure to include Offeror’s telephone number, FAX number, e-mail address and DUNS number. Duns number will be used to access CCASS data.

1. Financial Capacity. Submit a letter of current bonding capacity from an acceptable Surety/Bonding Company.

The letter shall address the offeror’s bonding capacity for the following: 1) for an individual task order and 2) aggregate bonding capacity. The information submitted will be considered for reasonableness considering the contract capacity of up to $10,000,000.00 and the offeror’s ability to secure additional bonding protection.

TAB E – Pre Award Information (e.g. Bank and Supplier References) In accordance with FAR 9.103(a) “… contracts shall be awarded to responsible prospective contractors only.” So that the Government can determine responsibility, a prospective contractor must meet the standards at FAR 9.104 that requires a prospective contractor to have adequate financial resources to perform the contract or the ability to obtain them. As an aid in assessing responsibility, the offeror shall notify their bank/suppliers that the Corps of Engineers may contact them, and shall authorize the bank/suppliers to release the following information regarding the Offeror’s account. If a written authorization is required by their bank, Offerors shall provide that authorization with their proposal. The following information should be provided.

Name and telephone number of bank’s point of contact Number of year’s business has been conducted with each bank Types of open accounts (checking, loans, etc.) Balance of current accounts (the banks will provide a "range of figures" for this information, such as, medium five-figures range) Means by which loans are secured and if paid as agreed Point of contact and telephone number of three (3) different suppliers

For the purpose of evaluating the preaward survey information the preaward survey data will be evaluated and scored, as it relates to the probability of the offeror successfully accomplishing the proposed effort.

The Government will use pre-award survey data provided by the offeror and data obtained from other sources to perform this assessment.

VOLUME II – Technical Proposal

THE TECHNICAL PROPOSAL SHALL NOT INCLUDE ANY COST INFORMATION AND SHALL NOT

EXCEED THE PAGE LIMIT ANNOTATED ABOVE. ALL INFORMATION SHALL BE PROVIDED WITHIN

THESE TABBED SECTIONS AND SHALL NOT BE INCLUDED AS AN APPENDIX OR ATTACHMENT).

TAB 1 – FACTOR 1: CONSTRUCTION PAST PERFORMANCE (Worksheet & Questionnaire Provided) Offerors shall be evaluated on construction projects completed or in progress in the last five years that are same/similar in nature to the project requirements solicited under this RFP. The Offeror’s past performance will be evaluated to determine technical capability to perform the proposed contract and how well it satisfied its customers.

The information presented in the Offeror’s submittal, together with that from other sources available to the Government will comprise the input for evaluation of this factor. The following elements will be evaluated:

Quality of Construction Timeliness of Performance Customer Satisfaction Subcontractor Management Documentation Safety Record Offeror’s Submission Requirements

Project Information Worksheets. Offerors shall provide project information on no more than ten completed (or substantially complete) projects, of which 3 projects submitted can be currently under construction and at least 30% complete, that reflect prior past performance in the construction elements referenced in TAB 1 – FACTOR 1 above, the examples should be similar to this solicitation in project type and scope as defined in TAB 2 – FACTOR 2 below. As a minimum, the contractor shall provide the data specified in the attached “Project Information” Worksheet. If the offeror represents the combining of two or more companies for the purpose of this RFP, each company shall list project examples. The information provided on the Project Information Worksheets will be used in the evaluations of FACTOR 1, Construction Past Performance, and FACTOR 2, Corporate Relevant Specialized Experience.

Performance Documentation. For each project submitted, offerors shall submit available performance documentation. If no performance documentation is available, state so on the project information worksheet.

a) For Corps of Engineer or other DOD contracts, provide a copy of the signed CCASS (Construction Contract Administration Support System) evaluation issued at the completion of the project.

b) For non-Corps of Engineer contracts, provide a copy of the performance rating issued by the contracting agent.

c) Offerors may submit awards, letters or other forms of recognition relevant to the submitted projects that demonstrate the offeror’s performance capabilities and customer satisfaction.

Past Performance Questionnaires. For each project that does not have a final CCASS evaluation, offerors shall provide a questionnaire to the point of contact, clearly identifying the project to be evaluated. A sample Past Performance Evaluation Questionnaire is included at the end of this section. When completed, these forms shall be included with the proposal. It is the contractor’s responsibility to ensure that the reference documentation is provided, as the Government may not make additional requests for past performance information from the references. The evaluation form shall be provided to the Contract Specialist directly from the reference. Do not request past performance questionnaires on projects that have final CCASS evaluations.

Safety Record. The offeror shall submit either OSHA Form 300 or 300a showing the incident rates for their firm for all projects within the past three years. This form, in Microsoft Excel format, can be downloaded from the Internet at:

http://www.osha.gov/recordkeeping/new-osha300form1-1-04.xls http://www.nccrimecontrol.org/HR/OSHA_Form_300.doc http://www.dir.ca.gov/dosh/dosh_publications/oshalog300.pdf

This data is to be converted using the following formula for each of the three years:

Number of Lost Time Accidents for the year (Column H on Form 300 or 300A) x 200,000 divided by Man-Hours Worked that Year (from Form 300A) = Incident Rate for the Year

The contractor shall calculate the lost time incident rate for each of the past 3 years using the appropriate OSHA Form data. These calculations shall be presented for each year with the mathematical average of all 3 years. The target average lost time incident rate is 1.0. Offerors with an average lost time incident rate exceeding 1.0 are encouraged to submit an explanation of their incident rate and/or what they have done to improve their safety record. All offerors are encouraged to submit documentation indicating improvements in their safety record, safety awards, and other safety recognition.

If the Offeror has a safety incentives program, information shall be submitted describing this program. The description of the safety incentives program shall include as a minimum a description of what benefits the firm has seen by implementing the program, benefits to the customer and a description of how the program is administered.

Other Sources. The Government may contact sources other than those provided by the Offeror for information with respect to past performance on projects completed or substantially completed within the past 5 years and on projects that are currently under construction and at least 30% complete. These other sources may include, but are not limited to, CCASS, telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability.

New Companies and Joint Ventures. New companies and joint ventures entering the marketplace (without relevant company experience) are reminded that they, along with all other offerors, may submit past performance information for key personnel, using the attached “Project Information” worksheets. If such information is submitted, the offeror shall state how long key personnel stayed on their assigned projects and how well they managed their portion of the referenced projects. This information will be used to judge past performance, along with any other information regarding such key personnel from any other sources the Government may choose to contact. If no such information regarding key personnel is given, then the new company or joint venture shall be given a neutral rating.

TAB 2 – FACTOR 2: CORPORATE RELEVANT SPECIALIZED EXPERIENCE (No Worksheet Provided)

Offeror’s Submission Requirements. No additional project information is required to be submitted for this factor.

The Project Information Worksheets submitted under Factor 1 shall be used to evaluate the offeror’s experience under this factor. Additional Project Information Worksheets shall not be submitted under this factor. Offerors are encouraged to submit a chart or table depicting their experience in the various types of construction activities listed in FACTOR 2.

New Companies and Joint Ventures. If offeror represents the combining of two or more companies for the purpose of this RFP, the proposal shall clearly identify the contractual responsibilities of each firm and the work to be performed by each; describe the nature of the association; indicate whether the firms have experience working together in construction ventures, including how long and how many projects. In addition, each company including joint ventures shall list their Government contract experience. Provide a copy of the commitment letter of the firms or the joint venture agreement with your proposal. If approval of the Joint Venture Agreement is required by the Small Business Administration, failure to timely provide an approved SBA Joint Venture Agreement may prevent award of a contract.

TAB 3 – FACTOR 3: MANAGEMENT EFFECTIVENESS

Offeror’s Submission Requirements.

a. Personnel Qualifications. Offeror shall identify the principal program personnel as outlined in Section 00010, DESCRIPTION/SPECS/WORK STATEMENT, with their areas of responsibility and relationship with the management structure. Principal program personnel are defined as, but not limited to, Program Manager, Project Manager, Site Superintendent, Quality Control System Manager (ref: Sections 00010 DESCRIPTION/SPECS/WORK STATEMENT and 01 45 10 USACE QUALITY CONTROL for minimum qualifications). Key design personnel qualifications will not be evaluated as part of this factor. Offeror shall provide key personnel resume information that includes as a minimum, the following:

Name and Title Specific assignment on this project Name of Firm (If different from Offeror) Number of years with this firm/with other firms Education -Degree(s)/year/specialization Active registration: number/state/year Specific experience, including dates, and qualifications relevant to this project Offerors are encouraged to provide descriptive analysis of why they feel their proposed personnel meet the criteria for principal program personnel experience.

b. Home Office Management and Support.

Describe the home office organization, responsibilities and lines of authority established for the contract. The use of a flow chart diagram of the home office management/support structure is encouraged.

Describe your plan and capabilities to respond to the Government's notification of a proposed Task Order requirement. Include your plan and capabilities to estimate, prepare, submit and/or negotiate Task Order proposals within the range anticipated under the awarded contract; your plan to interface with the Government for informational, collaborative and historical purposes regarding a wide variety of construction projects for a wide variety of customers simultaneously; your plan for task order management under the awarded contract, including your plan for conducting meetings and in-process reviews.

Describe your plan for managing subcontract performance, acquisition, execution and administration.

Describe your material purchasing system and capabilities.

Describe your resources in personnel, construction plant and equipment available to self-perform required work under individual Task Orders. Fully describe the type of work your firm is capable of self-performing and describe the types of work you intend to self-perform, if awarded this contract.

Describe your resources available and your capabilities to support this project concurrently with other projected on-going or new work. Describe your resources available and your capabilities to manage and execute several concurrent Task Orders.

State why your firm is especially qualified to undertake this contract.

PROJECT INFORMATION WORKSHEET

The information provided on this worksheet will be utilized in the evaluation of Factor 1, Construction Past Performance, and Factor 2, Corporate Relevant Specialized Experience.

1. Project Title/Description?

(For task order contracts, attach a list of task orders to this sheet, to include description, cost, dates of construction start/completion or percent complete if not completed, for each task order)

2. Location:

3. Contract Number:

4. Procuring activity:

5. Procurement Point of Contact and Telephone Number:

6. Address and telephone number of owner/customer:

7. Type of Project (private sector, Government, planned unit development, etc.):

8. General nature of the Contract:

9. Nature of Involvement in this project (i.e., General Contractor, subcontractor, designer)

10. Award Date:

11. Original Contract Amount:

12. Final Contract Amount:

13. Original Completion Date:

14. Final Completion Date:

15. Explanation for any differences between original and final contract costs and completion dates:

16. Total number of Man hours including all subcontractors:

17. Total number of Lost Time Accidents including…