W911WN-12-R-0001.pdf

RESIDENT ENGINEER OFFICE BUILDING, DAM SAFETY MODIFICATION PROJECT, EAST BRANCH LAKE, CLARION RIVER, ELK COUNTY, PA

THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESS

CAROLE HOUSEHOLDER 412-395-7274

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

29-Mar-2012

(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 within _______ 10 calendar days and complete it within ________ 300 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 __________ 3 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 02 May 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) work 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 will not be considered and will 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 2203

PITTSBURGH PA 15222-4186

W911WN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour) Sealed envelopes containing offers

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

149566

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

412-644-5109 FAX: TEL: TEL: FAX:

W911WN-12-R-0001 56

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-12-R-0001

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Not to

Exceed

Reimbursement for Actual Performance

FFP

and Payment Bonds Premium FOB: Destination

NET AMT

0002 8 Set Digital Progress Images

0003 1 Lump Sum Erosion and Sediment Controls

New Permanent Office Building

0004 1 Lump Sum Design and Certification of New

FFP

Permanent Office Building

0005 1 Lump Sum Construction of New Permanent Office

FFP

Building

Site Work

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

0006 1,610 Square

Yard

Bituminous Wearing Course, 1-1/2"

0007 1,610 Square

Bituminous Binder Course, 2-1/2"

0008 1 Lump Sum Paint Pavement Lines/Markings

0009 23 Each Parking Bumpers/Wheelstops

0010 635 Linear

Foot

Chain Link Fence, 7' High

0011 1 Each Vehicular Slide Gate, 25' Wide

0012 10 Cubic

Concrete Sidewalk

0013 1 Lump Sum Restoration of Non-Paved Area

0014 1 Lump Sum Mechanical Utilities & Site Work

0015 1 Lump Sum Electrical Utilities, Site Work &

FFP

Parking Lighting

PRICE SCHEDULE

TOTAL, ITEMS 0001 THRU 0015 $_______________________

* ALL QUANTITIES ARE ESTIMATED, EXCEPT WHERE THE UNIT IS GIVEN AS "LUMP SUM " OR

"EACH".

DO NOT ROUND OFF TOTALS. IN CASE OF A VARIATION BETWEEN THE UNIT PRICE AND THE

EXTENSION, THE UNIT PRICE WILL BE CONSIDERED TO BE THE OFFER. IF A MODIFICATION TO AN OFFER BASED ON UNIT PRICES IS SUBMITTED, WHICH PROVIDES FOR A LUMP SUM ADJUSTMENT

TO THE TOTAL ESTIMATED PRICE, THE APPLICATION OF THE LUMP SUM ADJUSTMENT TO EACH

UNIT PRICE IN THE PRICE SCHEDULE MUST BE STATED. IF IT IS NOT STATED, THE OFFEROR

AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRORATA BASIS TO EVERY

UNIT PRICE IN THE PRICE SCHEDULE. IF LINE ITEM NO 0001 IS NOT APPLICABLE BECAUSE THE OFFER IS UNDER $25,000, THE OFFEROR SHOULD STATE “N/A” IN THE SPACE PROVIDED FOR THE

AMOUNT.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

See Technical Specification, Section 01 42 00.

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be twenty percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

U.S. Army Corps of Engineers Attn: CECT-LRP William S. Moorhead Federal Building 1000 Liberty Avenue Room 2203 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.

52.236-28 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.

(End of provision)

ADDENDUM TO SECTION 00100

00100–1 SUBMISSION OF QUESTIONS

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

Ms. Carole Householder 412-395-7274 Email: carole.householder@usace.army.mil

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

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 April 12, 2012. All questions must be in writing and may be emailed to Carole Householder at carole.householder@usace.army.mil or faxed at 412-644-5109. Any questions received after the above date will be answered at the discretion of the Contracting Officer.

00100-2 CONTENT OF PROPOSAL

Offerors shall prepare a technical and price proposal for submission under this solicitation. Proposals should be organized to be as clear and concise as is practicable, without sacrificing quality of information. The proposal shall be such as to enable engineering and construction oriented personnel to perform a thorough evaluation and make sound determinations.

The offeror’s proposal shall be submitted in hard copy (1 original and 3 copies) and one CD that contains the offeror’s entire proposal to the U.S. Army Corps of Engineers, Pittsburgh District Contracting Office. Proposals shall be divided into two separate volumes in the format set forth below:

VOLUME I

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

TAB B – PRICE PROPOSAL – SECTION 00010 – Contract Line Item (CLIN) Schedule complete with Unit Price and/or Total Amount proposed for each CLIN and Total, Items 0001 thru 0015.

TAB C – BID BOND - Each offeror shall submit with his offer, a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the bid price or $3,000,000.00 whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies". The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS SPECIFIED, WITH

OFFER MAY RESULT IN REJECTION OF OFFER FOR NON-COMPLIANCE.

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a bond, the regular form of bond must be utilized and signed by the bidder. In the space provided for the insertion of the surety a statement shall be made substantially as follows:

"In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, Corps of Engineers, Department of the Army, (insert https://www.fbo.gov/� address)."

VOLUME II

TAB D – TECHNICAL PROPOSAL – The Technical Proposal shall not include any price information. All information shall be provided within the following tabbed sections and shall not be included as an appendix or attachment:

TAB 1 – FACTOR 1: EXPERIENCE

Offerors shall include the following descriptive information for each project submitted for evaluation.

1. Project title

2. Geographic location

3. Date that the project was substantially completed

4. Final project U.S. dollar value

5. Detailed description of the project

6. Description of the offeror’s actual involvement in the performance of the project.

If the offeror will be using a primary subcontractor’s experience to satisfy relevant experience, the offeror shall identify the name and address of the primary subcontractor, along with the descriptive information above for the primary subcontractor.

TAB 2 – FACTOR 2: CONCEPT DESIGN

Offerors shall include with their proposals:

• One concept drawing showing the approximate floor plan of the building to include room layouts with each room labeled, approximate dimensions for each room, and approximate locations of doorways and windows.

• One concept elevation drawing (s) showing the exterior design of the front, sides and rear of building to include approximate dimensions of the building and roof height, width and length, approximate doorway and window locations, and a concept design and approximate dimensions for the stone panel and vinyl siding.

• A one page narrative describing the planned construction method for the building (pre-engineered, metal, modular, conventional, etc.).

TAB 3 – FACTOR 3: PAST PERFORMANCE

Offerors shall submit with their proposals:

• Completed Past Performance Questionnaires (PPQ) (see ATTACHMENT 1) for the offeror and any proposed primary subcontractors. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. This does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

In addition, to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative (s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

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

00100-3 EVALUATION CRITERIA AND EVALUATION PROCESS

1. BASIS OF AWARD

Award will be made as a whole to one offeror.

The Government will use the Lowest Price Technically Acceptable (LPTA) source selection process (FAR 15.101-2). The LPTA process evaluates acceptability of the product or services and price. It does not permit tradeoffs between price and non-price factors.

The Government has developed certain non-price standards (evaluation factors) that a proposal must meet to be considered technically acceptable. These factors identify the minimum requirements that are key to successful contract performance. The evaluation factors are provided below. These minimum standards are evaluated against the offeror’s proposal and will be rated as “Acceptable” or “Unacceptable.” All proposals will be evaluated using the criteria outlined below and offerors’ proposals will be determined to be overall “Acceptable” or “Unacceptable.”

In order to be considered awardable, there must be an “Acceptable” rating in every non-price factor.

Those proposals found to be acceptable will then be ranked by price. In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors set forth below.

The Government intends to award a contract without discussions based on initial proposals received; therefore, the proposals shall contain the offeror’s best terms from a technical and cost point. However, the Government reserves the right to conduct discussions in accordance with FAR 52.215-1. The Government reserves the right to address any pertinent issues in the proposals.

2. EVALUATION FACTORS

Evaluation Criteria. All proposals submitted will be evaluated against the Non-Price technical evaluation factors and Price factor listed below:

Technical Evaluation Factors Description

1 Experience 2 Concept Design 3 Past Performance

Price Proposal Factor Offerors’ price proposals will be used to evaluate price

a. Below is the specific criteria that will be evaluated for each non-cost factor:

FACTOR 1: EXPERIENCE. Offerors shall be evaluated on their experience by providing evidence of three (3) relevant projects completed within the last five (5) years of the date of proposal submission. For this acquisition, a relevant project is defined as a project of similar scope, dollar value, and complexity is defined as a project involving vertical construction such as pre-engineered or conventionally constructed building, concrete slab-on-grade foundation, and general site work including paving and utilities installation totaling at least $250,000. For the offeror, relevant experience may be satisfied by conforming experience from a proposed primary subcontractor, provided the offeror can also demonstrate managing at least two (2) projects of at least $250,000 within the last five

(5) years.

FACTOR 2: CONCEPT DESIGN. Offerors’ concept design shall be evaluated as follows:

• The concept floor plan layout must meet the minimum requirements outlined in Specification Section 01 11 00, Paragraph 2.1.2.3.

• The concept elevation drawing dimensions must meet the minimum requirements outlined in the Specifications Section 01 11 00, Paragraph 2.1.2.3.

• The proposed construction method (pre-engineered, metal, modular, conventional, etc.) for the building must satisfy the requirement to be a permanent, non-relocatable building with an expected life of over 25 years. As stated in the specifications, modular trailers or mobile office trailers shall be regarded as “unacceptable.”

FACTOR 3: PAST PERFORMANCE. Past performance pertains to how well an offeror has performed past work that is an indicator of future performance. Past performance information is not the same as experience information. Experience pertains to what type of work an offeror has performed. Past performance pertains to how well an offeror performs project work.

Offerors’ past performance shall be evaluated on projects completed in the last six years that are same/similar in nature to the project requirements solicited by the RFP. Past performance will be evaluated to determine technical capability to perform the proposed contract and how well it satisfied its customers. The following elements will be evaluated:

• Quality of Construction: Based on all information available, the Government will assess the quality of the actual construction undertaken and the standards of workmanship exhibited by the offeror.

• Timeliness of Performance: The Government will evaluate all information available with respect to the offeror completing past projects within the scheduled completion times.

• Cost Control: The Government will evaluate all information available with respect to the offeror’s record of using cost efficiencies, relationship of contractually agreed upon cost/price to actual cost/price and providing current, accurate, and complete billing.

• Customer Satisfaction: The Government will evaluate all information available with respect to the offeror’s past customer satisfaction, cooperation with customers, and interaction on past projects.

• Subcontractor Management: The Government will evaluate all information available with respect to the offeror’s management of subcontractors, including mitigation of conflicts and resolution of disputes at the lowest level.

• Documentation: The Government will evaluate all information available with respect to the offeror’s level of meeting customer satisfaction on timeliness and quality of the documentation, reports, and other written materials completed by the offeror on past projects.

• Safety Record: The Government will evaluate all information available with respect to the offeror’s level of meeting customer satisfaction on timeliness and quality of the documentation, reports, and other written materials completed by the offeror on past projects, site preparation, paving concrete and stream bank protection.

PRICE PROPOSAL FACTOR: The price proposal corresponding to each “Acceptable” technical proposal will be ranked in order of price and evaluated in accordance with FAR 15.404-1. A fair and reasonable price determination is expected to be based on adequate price competition, comparison with the Independent Government Estimate (IGE), or previously proposed prices for same or similar items. However, if a determination of fair and reasonable price requires additional information, the Contracting Officer may conduct a costs analysis to support the determination of whether the proposed price is fair and reasonable.

3. EVALUATION STANDARDS

Evaluation factors will be rated using the ratings and descriptions outlined below:

FACTOR 1: EXPERIENCE

Rating Description Acceptable Proposal clearly indicates that the offeror has the minimum experience required by the solicitation.

Unacceptable Proposal does not clearly indicate that the offeror has the minimum experience required by the solicitation.

FACTOR 2: CONCEPT DESIGN

Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

FACTOR 3: PAST PERFORMANCE

Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

00100-4 AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

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.

00100-5 MINIMUM RATES

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.

00100-6 ESTIMATED COST OF THE WORK

The estimated cost of the proposed work is between $500,000 and $1,000,000.

00100-7 LOCATION AND DESCRIPTION OF WORK

a. Location. The work is located at East Branch Dam in/near Wilcox, Elk County, Pennsylvania.

b. Description of Work. The work consists of the design and construction of a new permanent (non-relocatable), one-story, office building of approximately 2,100 Square Feet, for use by USACE park management staff, connecting electrical/mechanical/communications utilities to project area, paving the existing aggregate parking lot and entrance, providing exterior lighting at parking lot, installing security fencing and gate, construction of concrete sidewalks, and providing seeding around building.

00100-8 ACCESS TO SITE

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

00100-9 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS

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.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $35.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(_X_) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

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

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

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

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

------(i) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(vii) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance…