W911XK20R0003_27Apr2020.pdf

W56MES91578279

PROJECT TITLE: Upstream Approach Wall Construction for the Soo Lock Complex, Sault Ste. Marie, MI.

TYPE OF CONTRACT: Firm Fixed Price Construction Contract

DISCLOSURE OF MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: Betw een $100,000,000 and $250,000,000.

NAICS: 237990 - Other Heavy and Civil Engineering Construction

SIZE STANDARD: $39.5 Million

TYPE OF SET ASIDE: This is a full and open procurement. In accordance w ith Federal Acquisition Regulation 19.1307, this project requires the HUBZone 10% price evaluation.

Proposals received by E-mail or Facsimile w ill not be considered.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

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

27-Apr-2020

(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 ________793 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________29 May 2020 (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) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 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, DETROIT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

W911XK

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.

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

FAX:TEL: (313) 226-6819 TEL: FAX:

W911XK20R0003 100

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

W911XK20R0003

Section 00 10 00 - Solicitation

PRICE BREAKOUT SCHEDULE

New Soo Lock Upstream Approach Walls

Chippewa County Sault Ste. Marie, MI

Item DESCRIPTION Qty Unit Unit Price Total Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

Zones 1, 2 and 3a Work: Sluiceway Closure, Steel Sheet Pile (SSP) Transition Wall of the NE Cells, SSP Cells – Northwest Pier

1 JOB

Zones 3b and 13 Work: SSP Cells Northwest Pier – West of STA 14+00.

SSP Cells West Center Pier

1 JOB

TOTAL BASE: $

OPTIONAL WORK

0004 Option 1 – Zones 10 and 11 Work: SSP Transition Walls – NW/SW/SE 1 JOB

0005 Option 2 – Zones 4, 12 and 14 Work:

SSP Transition Walls – NW/SW/SE 1 JOB

0006 Option 3: Instrumentation Monitoring 12 Months

0007 Option 4: Instrumentation Monitoring 12 Months

0008 Option 5 – Zone 15 Work: West Center Pier Rehab 1 JOB

0009 Option 6 – Zone 5 and 6 Work: SSP Wall w/ Deepening 1 JOB

0010 Option 7 – Zone 7a Work: Soldier Pile Wall 1 JOB

0011 Option 8 – Zone 7b Work: Soldier Pile Wall 1 JOB

0012 Option 9 – Zone 8 Work: Rubble Mound Revetment 1 JOB

0013 Option 10 – Zone 9 Work: Breakwater, Armor/Riprap Stone (Zone 9) 1 JOB

TOTAL OPTIONAL WORK: $

TOTAL BASE WORK + OPTIONAL WORK: $

*** In accordance with FAR 52.217-7 – Option for Increased Quantity – Separately

Priced Line Item, Options may be exercised by the Government up to 180 calendar days after issuance of Notice to Proceed (NTP). ***

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

MOBILIZATION/DEMOBILIZATION

FFP

Mobilization and Demobilization for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

FOB: Destination

MILSTRIP: W56MES91578279

PURCHASE REQUEST NUMBER: W56MES91578279

NET AMT

0002 1 Job

SLUICEWAY CLOSURE, STEEL SHEET PILE

FFP

Zones 1, 2 and 3a Work: Sluiceway Closure, Steel Sheet Pile (SSP) Transition Wall of the NE Cells, SSP Cells - Northwest Pier for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

FOB: Destination

0003 1 Job

STEEL SHEET PILE (SSP) CELLS NW PIER

FFP

Zones 3b and 13 Work: Steel Sheet Pile (SSP) Cells Northwest Pier - SSP Cells West Center Pier for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

0004 1 Job

OPTION OPTION 1 - WEST CENTER PIER REHAB

FFP

Option 1 (Zones 10 and 11 Work) - West Center Pier Rehab for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

0005 1 Job

OPTION OPTION 2 - SSP TRANSITION WALLS NW/SW/SE

FFP

Option 2 (Zones 4, 12 and 14 Work) - SSP Transition Walls NW/SW/SE for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

0006 12 Months

OPTION OPTION 3 - INSTRUMENTATION MONITORING

FFP

Option 3 - Twelve (12) Months of Instrumentation Monitoring for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

0007 12 Months

OPTION OPTION 4 - INSTRUMENTATION MONITORING

FFP

Option 4 - Twelve (12) Months of Instrumentation Monitoring for the New Soo

0008 1 Job

OPTION OPTION 5 - WEST CENTER PIER REHAB

FFP

Option 5 (Zone 15 Work) - West Center Pier Rehab (Zone 15) for the New Soo

0009 1 Job

OPTION OPTION 6 - SSP WALL W/ DEEPENING

FFP

Option 6 (Zones 5 and 6 Work) - Steel Sheet Pile (SSP) Wall with Deepening for the New Soo Lock Upstream Approach Wall Construction, Sault Ste. Marie, MI.

0010 1 Job

OPTION OPTION 7 - SOLDIER PILE WALL

FFP

Option 7 (Zone 7a Work) - Soldier Pile Work for the New Soo Lock Upstream

0011 1 Job

OPTION OPTION 8 - SOLDIER PILE WALL

FFP

Option 8 (Zone 7b Work) - Soldier Pile Wall for the New Soo Lock Upstream

0012 1 Job

OPTION OPTION 9 - RUBBLE MOUND REVETMENT

FFP

Option 9 (Zone 8 Work) - Rubble Mound Revetment for the New Soo Lock

0013 1 Job

OPTION OPTION 10 - BREAKWATER, ARMOR/RIPRAP

FFP

Option 10 (Zone 9 Work) - Breakwater, Armor/Riprap for the New Soo Lock

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-OCT-2022 1 SOO AREA OFFICE

ST. MARY'S FALL CANAL

SAULT STE. MARIE MI 49783

H7L8860

0002 15-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

0003 15-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0004 15-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0005 15-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0006 15-OCT-2022 12 (SAME AS PREVIOUS LOCATION)

0007 15-OCT-2023 12 (SAME AS PREVIOUS LOCATION)

0008 15-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0009 15-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

0010 15-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

0011 15-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

0012 15-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

0013 15-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

PART 1 OVERVIEW

1.0 Intent

This solicitation is to select one (1) contractor for the construction of the Upstream Approach Walls at the Soo Lock Complex, Sault Ste. Marie, MI.

1.1 Type of Contract

The Government intends to award one (1) Firm-Fixed Price Construction Contract.

1.2 Availability of Plans (Drawings), Technical Specifications and Additional Documents

All drawings, technical specifications, and additional documents relating to this Request for Proposal (RFP) are available for download at this solicitation posting on the Beta SAM website, beta.SAM.gov. No printed copies of the aforementioned documents will be provided by the Government. Although provided as separate attachments, the following documents are considered an official part of the solicitation.

a) PLANS: UAW Certified Final Plans

b) SPECIFICATIONS: UAW Certified Final Specs

1.3 Project Description

The contractor shall supply all labor, materials, supplies, management and oversight to construct the Upstream Approach Walls for the Soo Lock Complex located at Sault Ste. Marie, MI.

1.4 Basis of Award

This is a “Best Value-Tradeoff” solicitation, as it may be in the best interest of the Government to consider award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

1.5 Who May Submit

This procurement is unrestricted to obtain full and open competition. Proposals from firms organized as joint ventures (JV) that have associated specifically for this project must include a copy of the legal joint venture agreement in the proposal submission.

1.6 North American Industry Classification System (NAICS) and Small Business Size Standard

The NAICS code for this project is 237990, entitled “Other Heavy and Civil Engineering Construction”, which has a Small Business Administration (SBA) size standard of $39.5 Million.

1.7 System for Award Management (SAM) Registration

As mandated by law, this agency cannot award a contract to a contractor who is not registered in the SAM database (www.sam.gov). If submitting as a joint venture, ensure that the joint venture business name is registered in like manner in the SAM database (www.sam.gov).

http://www.sam.gov/ http://www.sam.gov/

In accordance with FAR 52.204-7 System for Award Management, An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting form this solicitation. Any offeror not registered in the System for Award Management (SAM) when submitting a proposal will be considered not incompliance with the solicitation and may not be considered for evaluation or award.

1.8 Pre-Proposal Site Visit

An organized site visit is scheduled during the solicitation period. Offerors should inspect the job site prior to submitting a proposal. Offerors should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve Offerors from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents.

Due to COVID-19, this site visit will be a video conference presentation that shall be held on May 5, 2020 at 10:00 AM Local Time (EDT). This information can be accessed on this date and time by using the following information:

USA Toll-Free: (877) 873-8018

ACCESS CODE: 9482895

Security Code: 4259 https://usace.webex.com/meet/isaac.s.freel

Meeting Number: 965 230 589

POINT-OF-CONTACT: For questions and /or concerns regarding the video conference presentation, please contact Steve Hutchens at Stephen.P.Hutchens@usace.army.mil.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

1.9 Requirements to Attend the Site Visit

Additional Information for attendance to the site visit is included under FAR clause 52.236-27 Alt I.

1.10 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Detroit Contracting Branch, Attn: Steve Hutchens via email at Stephen.P.Hutchens@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code.

Phone calls or requests to arrange meetings at the Detroit District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled.

QUESTIONS: Questions regarding the solicitation must be submitted to Steve Hutchens via email at Stephen.P.Hutchens@usace.army.mil no later than 10:00 AM Eastern Time on 13 May 2020.

1.11 Where to Submit and Submittal Deadline

The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide proposal submission instructions and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

https://usace.webex.com/meet/isaac.s.freel mailto:Stephen.P.Hutchens@usace.army.mil mailto:Stephen.P.Hutchens@usace.army.mil

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Steve Hutchens at Stephen.P.Hutchens@usace.army.mil AND to Contracting Officer Gail Hill at Gail.E.Hill@usace.army.mil.

Proposals for this procurement shall be submitted via the above link.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Steve Hutchens at Stephen.P.Hutchens@usace.army.mil AND to Contracting Officer Gail Hill at Gail.E.Hill@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR

THIS PROCUREMENT.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist, Steve Hutchens, at Stephen.P.Hutchens@usace.army.mil, and the Contracting Officer, Gail Hill, at Gail.E.Hill@usace.army.mil. The email address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the email address for both the Contracting Officer and Specialist. The Proposer can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

https://safe.apps.mil/ mailto:Gail.E.Hill@usace.army.mil mailto:Stephen.P.Hutchens@usace.army.mil mailto:Gail.E.Hill@usace.army.mil mailto:Gail.E.Hill@usace.army.mil

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.206-7000 Domestic Source Restriction DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

5.2% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

Sault Ste Marie, Chippewa County, Michigan

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 20 percent of the bid price or $3,000,000, whichever is less.-

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

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

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 CELRE, Gail Hill 477 Michigan, Ave.

Detroit, MI 48226

(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--

5 May 2020 at 10:00 AM Local Time

(c) Due to the social distancing guidelines provided by the Centers for Disease Control and Prevention (CDC) because of COVID-19, this site visit will be a video conference presentation that shall be held on Tuesday, 5 May 2020 at 10:00 AM Local Time (EDT). This information can be accessed on this date and time by using the following information:

USA Toll-Free: (877) 873-8018

ACCESS CODE: 9482895

Security Code: 4259 https://usace.webex.com/meet/isaac.s.freel

Meeting Number: 965 230 589

REGISTRATION: To register, individuals interested in attending the site visit must submit all planned attendeees Full Name(s) and Company Name(s) to USACE POCs Starr Gallegos and Aaron Miller by email to Starr.M.Gallegos@usace.army.mil and Aaron.C.Miller@usace.army.mil no later than 3:00 PM Eastern on May 1, 2020. Notification of approval or denial will be provided prior to the date of the site visit.

POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Steve Hutchens via Stephen.P.Hutchens@usace.army.mil.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov

DFARS: https://www.acq.osd.mil/dpap https://usace.webex.com/meet/isaac.s.freel mailto:Starr.M.Gallegos@usace.army.mil mailto:Aaron.C.Miller@usace.army.mil mailto:Stephen.P.Hutchens@usace.army.mil https://www.acquisition.gov/ https://www./

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

NONE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

PROPOSAL CONTENT & EVALUATION

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one (1) Contractor for the Construction of the Upstream Approach Walls at the Soo Lock Complex, Sault Ste. Marie, MI. The Government will evaluate the proposals in accordance with the criteria described herein, and award a Firm-Fixed Price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

1.2 The basis of award is the Best Value Tradeoff Process. The Contracting Officer will award one (1) Firm-Fixed Price construction contract to the responsible Offeror whom the Source Selection Authority (SSA) determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide proposal submission instructions and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Steve Hutchens at Stephen.P.Hutchens@usace.army.mil AND to Contracting Officer Gail Hill at Gail.E.Hill@usace.army.mil.

Proposals for this procurement shall be submitted via the above link.

2.2 INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Steve Hutchens at Stephen.P.Hutchens@usace.army.mil AND to Contracting Officer Gail Hill at Gail.E.Hill@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR

THIS PROCUREMENT.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter https://safe.apps.mil/ mailto:Stephen.P.Hutchens@usace.army.mil mailto:Gail.E.Hill@usace.army.mil

Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

2.3 INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist, Steve Hutchens, at Stephen.P.Hutchens@usace.army.mil, and the Contracting Officer, Gail Hill, at Gail.E.Hill@usace.army.mil. The email address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the email address for both the Contracting Officer and Specialist. The Proposer can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

2.4 RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

3. Proposal Evaluation Process.

3.1. A Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers and other required personnel will evaluate the proposals. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence. Technical proposals will be reviewed and rated without knowledge of the price offered. The number and identities of Offerors are not revealed to anyone who is not involved in the evaluation and award process or to other Offerors. Proposals will be evaluated based on the factors described herein, and the basis of award is the Best Value Tradeoff Process.

3.2 The evaluation process essentially consists of four parts: proposal compliance review and responsibility determination, technical evaluation, price evaluation, and cost/technical trade-off analysis.

3.2.1 Proposal Compliance Review: This is an initial review to ensure that all required forms and certifications are complete and that both a technical and price proposal were received.

3.2.2 Technical Evaluation: The SSEB will evaluate and rate the proposals against the RFP requirements. Some factors will be rated using an adjectival-based system. Others will be rated on an “acceptable/unacceptable” basis.

Past Performance will be rated based on recency/relevancy and confidence.

3.2.3 Price Evaluation: The SSEB, Cost Engineering, and Contracting Officer/SSA will evaluate price proposals independent of the technical/quality evaluation. The SSEB will not have access to price information until completion of the technical/quality evaluation.

3.2.4 Cost/Technical Trade-off Analysis: After all above evaluations are complete, the Contracting Officer/SSA will compare the relative advantages and disadvantages of technical proposals and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the proposal offering the best value to the Government.

4. Proposal Information and Related Evaluation Factors.

4.1 Proposals will be evaluated in accordance with the factors listed in relative order of importance (in descending order). All evaluation factors, other than cost or price, when combined are considered approximately equal to cost or price. Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interest of the Government.

4.2 Volume I – Technical Proposal

4.2.1 Volume I – Factor I – Past Performance Confidence (Three-Ring Binder) 1st

4.2.2 Volume I – Factor II – Technical Approach (Three-Ring Binder) 2nd

4.2.3 Volume I – Factor III – Risk Mitigation (Three-Ring Binder) 3rd

4.3 Volume I – Small Business Participation Proposal

4.3.1 Volume I – Factor IV – Small Business Participation Plan (Three-Ring Binder) 4th

4.4 Volume II - Price and Pro Forma Information (Sealed Envelope)

Tab A Proposal Data Sheet Not Rated

Tab B SF1142 and Acknowledged Amendments (if any) Not Rated

Tab C Section B Not Rated

Tab D Section K (Unless Available at SAM) Not Rated

Tab E Joint Venture Agreement, if applicable Not Rated

Tab F Proof of Financial Capability Not Rated

4.5 NOTE The paper copy of the proposal shall be used for evaluation and the original paper copy will control any conflicts or discrepancies between the two (2) media. Offeror is responsible for ensuring the paper copy is consistent with the electronic copy of the proposal.

4.6 Ratings

Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation.

Combined Technical/Risk Ratings Adjectival Rating Definition

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is un-awardable.

In performing the past performance factor evaluation, evaluators will apply the following relevance levels to assess the relevance of the prior contract effort(s) of Offerors.

Past Performance Relevancy Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Past Performance Confidence Assessments

Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort.

Small Business Participation Plan Ratings

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

4.7 Definitions

1. Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “CPARS” or “FAPIIS.”

2. Clarification. Limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1).

3. Communications. Exchanges, between the Government and Offerors, after receipt of proposals, leading to establishment of the competitive range.

4. Competitive Range. Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is reduced for purposes of efficiency. See FAR 15.306(c)

5. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

6. Discussions. Negotiations conducted in a competitive acquisition. Discussions take place after establishment of the competitive range.

7. Evaluation Notice (EN). A written notification to the Offeror for purposes of clarifications, communications, or in support of discussions.

8. Performance Confidence Assessment. An evaluation of the likelihood (or Government’s confidence) that the Offeror will successfully perform the solicitation’s requirements; the evaluation is based upon past performance information.

9. Recency. As it pertains to Past Performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.

10. Relevancy. As it pertains to Past Performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

11. Risk. As it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost of degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

12. Significant Strength. An aspect of an Offerors’ proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

13. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

14. Strength. An aspect of an Offerors’ proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

15. Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the Offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).

16. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See

FAR 15.001.

5.0 Volume I – Factor I – Past Performance Confidence Assessment

The Past Performance Confidence Assessment will consider an Offeror’s previous relevant experience with similar projects. If the Offeror does not self-perform all work on this contract, then the Offeror must clearly demonstrate that its major subcontractors (any subcontractor completing more than 25% of the solicited work) have the relevant technical experience, of a similar scope and complexity as required in the Specifications, for the portion of work they will perform.

5.1 Submission Requirements:

Each Offeror shall provide descriptions of at least two (2) but no more than five (5), of their past or current construction projects completed, or substantially complete (50% or more), within the last ten (10) years (from the solicitation issue date) that are similar to this project in scope and magnitude. Detailed project information shall be provided using the Project Detail Sheet format described at the end of this section.

Ensure the proposal is clear which work the Offeror and the subcontractors performed.

• Each project must meet a minimum of three (3) of the following criteria to be considered similar in scope. When all projects are considered collectively, each of the five (5) below criteria must be accounted for:

o Working alongside other contractors or operations, that was not part of your contracting/subcontracting team, requiring extensive coordination between entities o Experience with bedrock removal in areas that require a degree of precision and in the wet around sensitive infrastructure o Work experience with installation of Steel Sheet Pile (SSP) cells o Installation of H-Pile/Soldier Pile walls o Experience in marine construction.

• Similar in magnitude is defined as experience in the above referenced key construction areas on projects greater than or equal to $25 Million.

Format for Project Details are included for you at the end of this section. Use as many forms as necessary to meet the criteria. If you elect not to use the formats, all information identified on the formats is still required for evaluation of this item.

Provide two (2) references (Owner’s representative and a Project Manager, Resident Engineer, Project Engineer, or equivalent) for all of the projects…