VOL-1_FRONT END.pdf

Design-Build Request For Proposal

Construct Clean Potable Water System

PN 55206 , FY2010

Dugway PG, UT

W91238-10-R-0008

VOLUME 1 of 2 - BID DOCUMENTS (DIVISION 00)

Design-Build Clean Potable Water System Dugw ay Proving Ground (Scada, Avery, Baker, Carr and Ditto Areas), Utah

This project consists of various elements to provide a Clean Potable Water system to include installation and replacement of domestic w ater lines, replacement of transmission main, addition and replacement of f ire hydrants, construction of new looped w ater line arrangement, construction of a new treatment plant building for f iltration including transmission main, renovation of existing pump station

This is a Full and Open Unrestricted acquisition.

Estimated Cost Range is: Betw een $10,000,000 and $ 25,000,000.

CHARLES S CRIVELLARO 916-557-5182

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

09-Dec-2009

(RFP)

(IFB)

X

CALL:

Potable Water System, Dugw ay PG, UT

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 ________730 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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Jan 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W91238-10-R-0008 99

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

PRICING NOTES

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY TO

PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH

IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

LINE ITEM UNIT OF TOTAL

NO. DESCRIPTION QUANTITY MEASURE _____ PRICE___

0001 Construct, connect, 1 LUMP SUM $____________ and test all facility/ features for a CLEAN

POTABLE WATER SYSTEM,

complete and usable (MILCON funded)

TOTAL PRICE $_____________________

(LINE ITEMS 0001)

Notes:

1. Prices must be submitted on all individual items of this Pricing Schedule.

Failure to do so may cause the proposal to be determined "unacceptable".

2. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Pricing Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rated basis to every item in the Pricing Schedule.

3. The bidder/offeror shall distribute his indirect costs (overhead, profit, bond, etc.) over all the items in the Pricing Schedule. The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted Pricing Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

4. The target ceiling for contract award for design and construction is $ 23,000,000.00 (MILCON) based on the funds made available for this project.

The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this ceiling.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Technical Specs and

Drawings, PN 55206

532 09-DEC-2009

Attachment 2 Wage Determination 6 20-NOV-2009

Section 00100 - Bidding Schedule/Instructions to Bidders

LOCAL PROVISIONS

SECTION 00100

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

52.204-4005 SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND

OFFERORS (RFPS) (SEP 2004)

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00600).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

--Any other documents required by the solicitation (see Attachments and/or Section 00111 for competitive RFPs).

52.0214-4581 INQUIRIES (NOV 2007)

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is : W91238-10-R-0008

The Bidder Inquiry Key is: 3ZS5KZ-7694Z9

c. The Bidder Inquiry System will be unavailable for new inquiries Close of Business 13 January 2010 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

g. The point of contact for this solicitation is:

Contract Specialist: CHARLES CRIVELLARO Telephone: (916) 557-5182

FAX: (916) 557-5278

E-MAIL:

Charles.S.Crivellaro@usace.army.mil AND Gregory.L.Tom@usace.army.mil

52.0215-4582 ALT I DIRECTIONS FOR SUBMITTING OFFERS (MAR 2003)

Envelopes/packages containing offers must be sealed, marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-10-R-0008 Closing Date: 28 January 2010 Closing Time: 3:00 PM Local Pacific Time

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division 1325 J Street Sacramento CA 95814-2922

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

Hand-carried offers must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.

Due to security precautions, Offerors may no longer hand-carry their offers directly to Contracting Division. Offers may NOT be turned-in at the Security Desk or left unattended elsewhere in the Lobby. Additionally, you are advised that there is no longer public parking in the Building.

The contract specialist will be in the Building Lobby 20 minutes prior to the closing time to accept hand-carried offers. After announcing that no further offers will be received, the contract specialist will have the hand-carried offers x-rayed as a security precaution.

Offerors who desire to hand-deliver their offers at an earlier time must notify the contract specialist in advance in order to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (916) 557-5201, in order to request assistance.

Please ensure that all courier and delivery personnel are aware of these procedures.

52.0209-4501 CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY (MAR 2002)

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Section 00111). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Preaward Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

In order to be determined to be responsible a prospective contractor must:

a. Have adequate financial resources to perform the contract or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

c. Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards.

A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in subparagraphs a, e, and f above) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

The Preaward Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this Section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents. DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

52.0211-4805 AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS

DESCRIPTIONS (FEB 2009)

a. The internet URL for Corps of Engineers publications is:

http://140.194.76.129/publications/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications. Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the Internet at the following location:

https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20EM%20 38511%202008/Forms/AllItems.aspx or an alternate URL is http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

52.0215-4583 TELEGRAPHIC OFFERS (JUL 2000)

TELEGRAPHIC OFFERS ARE NOT ACCEPTABLE.

However, offers may be modified or withdrawn by telegraphic notice. Any telegram to modify an offer sent to this office must be received in the office designated in the solicitation for receipt of offers not later than the exact date and time set for receipt of offers. A telegraphic modification of an offer received in such office by telephone from the receiving telegraph office not later than the exact date and time set for receipt of offers shall be considered. However, the telephone message shall be confirmed by the telegraph company by sending a copy of the written telegram that formed the basis for the telephone call. The written telegram shall be sealed in an envelope by a proper official and sent to the office designated in the solicitation for receipt of offers. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the solicitation number, and shall sign the envelope. The offeror is responsible to inform the telegraph company of these requirements. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason. An offer may be withdrawn by telegraphic notice received at any time prior to contract award.

52.0214-4584 FACSIMILE BIDS/OFFERS (APR 1992)

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

52.0219-4581 PREPARATION OF SUBCONTRACTING PLAN (AUG 2009)

(a) See FAR 52.219-9, Section 00700, of this solicitation. Located in Section 00111 of this solicitation is a sample Subcontracting Plan which will aid the Contractor in preparing a Subcontracting Plan in accordance with FAR 52.219-9(d)(1) through (d)(11). Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1 million; they are not required from small business firms regardless of the contract price.

(b) The sample Subcontracting Plan is attached to this solicitation for information purposes. Review of the Subcontracting Plan by the Government will be in accordance with FAR 19.705-4. For Invitation for Bids a Subcontracting Plan will be required only from the low bidder if the low bidder is a large business and the low bid is over $1 million. The Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award. For Request for Proposals, a Subcontracting Plan is required with submission of the price proposal package.

(c) A Subcontracting Plan which proposes goals less than the recommended goals below must contain support, in writing, for the lesser goals and discuss the Contractor's good faith effort to meet the recommended floors.

(d) In accordance with FAR 19.704 if the contract contains options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary. If a plan is necessary, the subcontracting plan shall contain separate parts, one for the basic contract period and one for each option period. It is necessary to address planned subcontracting dollars and percentages of total to be awarded to small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran- owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled for the basic contract period and each option period. All other parts of the subcontracting plan only need to be addressed once.

(e) Subcontracts awarded to HUBZone small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal. HBCU/MIs are counted as a subset of the small disadvantaged business goal. The Corps of Engineers has not been assigned separate goals for qualified nonprofit agencies for the blind and other severely disabled, HBCU/MIs, Hispanic Servicing Institutions and Tribal Council Universities, or for HUBZone small business concerns.

(f) Qualified nonprofit agencies for the blind and other severely disabled, that have been approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the Javits-Wagner-O’Day Act (41 U.S.C. 46-48), are eligible to participate in the program as a result of 10 U.S.C. 2410d and Section 9077 of Pub. L. 102-396 and similar sections in subsequent Defense appropriations acts. Under this authority, subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.

(g) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(h) The accepted Subcontracting Plan will be incorporated into and made a material part of the contract.

(i) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 70.0%

Small Disadvantaged Businesses 6.2%

Women-Owned Small Businesses 7.0%

HUBZone Small Business 9.8%

Veteran-Owned Small Business 3.0%

Service Disabled Veteran Owned Small Business 0.9%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL CONTRACT AMOUNT.

52.0228-4504 PERFORMANCE AND PAYMENT BONDS (MAY 2000)

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

52.0228-4506 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS (AUG 1991)

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

52.228-4507 BID GUARANTEE FORM AND AMOUNT (NOV 2000)

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

52.0236-4507 ACCEPTANCE OF OFFERS (AUG 1991)

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JAN 2006

52.211-6 Brand Name or Equal AUG 1999 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.219-24 Small Disadvantaged Business Participation Program--

Targets

OCT 2000

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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, Sacramento District ATTN: Contracting Officer, Room 878 1325 J Street Sacramento, California 95814

(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—

Wednesday, 16 December 2010 at 0900 Hours (Local Utah Time)

(c) Participants will meet at—

Vistors will be required to obtain their own vehicle passes and visitors badges at the gate and park in the lot opposite Bldg 5330.

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):

http://www.acqnet.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

N / A

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 Department of Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

SECTION 00111 OVERVIEW, BASIS,

SECTION 00111

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

1. OVERVIEW.

This is a "Best Value" solicitation for the construction of new potable water system located at Dugway Proving Ground, Utah. The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whom the Source Selection Authority determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and technical (“non-cost”) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. The Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price). The degree of importance of price could become greater depending upon the equality of the technical proposals. If competing technical proposals are determined to be essentially equal, price could become the controlling factor.

2.4. EVALUATION OF THE PRICE PROPOSAL

a. Price or cost to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it is realistic for the work to be performed; reflects a clear understanding of the requirements; and is consistent with the offeror’s Technical Proposal. Additionally, all offers will be analyzed for unbalanced pricing.

b. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will be applied. The Price Evaluation Adjustment for Small Disadvantaged Businesses will not apply to this procurement as it is currently suspended for Department of Defense.

c. Information required to be submitted in the Price Proposal volume in addition to the executed SF 1442 with acknowledgement of amendments and the completed pricing schedule will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, the offeror’s representations and certifications; the bid guarantee; the offeror’s pre-award survey information; and the offeror’s small business subcontracting plan). The Government may enter into exchanges with offerors about such information without it constituting discussions, subject to applicable FAR limitations, including FAR 15.306, Exchanges with offerors after receipt of proposals; FAR 28.101-4, Noncompliance with bid guarantee requirements; and 52.219-9, ALT II, Small Business Subcontracting Plan.

d. The funds anticipated to be made available for award of the MILCON- and/or Equipment- funded contract line items have been identified in the Notes to the Pricing Schedule in Section 00010. The Government may consider the availability of funds for contract award in determining which proposal offers the best value to the Government.

If an offeror’s proposed price(s) exceeds the funds made available for any item or group of items on the pricing schedule (excluding option line items), that offer may be ineligible for contract award, notwithstanding the reasonableness of the total proposed price for all of the line items on the pricing schedule.

2.5. THE TECHNICAL EVALUATION FACTORS:

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below and further described in paragraph 5, and on how well the offeror has performed on related projects through the evaluation of the past performance information provided from references or obtained from other sources. Each of the evaluation factors will be evaluated by the Government and an adjectival rating and risk rating will be determined by consensus of the Government evaluation board.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions in paragraph 5. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Factor 1: Concept Design/Technical Approach Factor 2: Management Plan Factor 3: Experience and Capability Factor 4: Past Performance Factor 5: Socio-Economic Considerations

2.6. RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The Technical Evaluation Factors are listed below in descending order of importance, as follows:

Factor 1 – Concept Design/Technical Approach is the most heavily weighted factor.

Factor 2 – Management Plan is weighted less than Factor 1.

Factor 3 – Experience and Capability is weighted less than Factor 2.

Factor 4 – Past Performance is weighted less than Factor 3.

Factor 5 - Socio-Economic Considerations is the least heavily weighted factor; it is weighted significantly less than any other evaluation factor.

2.7. GENERAL TECHNICAL EVALUATION CRITERIA

a. The offeror’s conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. Lack of conformance could therefore result in a higher risk assessment, in addition to any other impacts on the evaluation. Material omission(s) may cause the technical proposal to be rejected as unacceptable. However, in accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals. For example, a failure by a proposed key subcontractor to submit a properly executed letter of commitment may be considered as increasing risk, but will not be considered a proposal deficiency.

b. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be downgraded. The Government is under no obligation to search for information that is not in the specified location.

c. Proposals which are generic, vague, or lacking in detail may be downgraded. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The offeror’s failure to include information that the Government has indicated should be included may result in the proposal being downgraded and/or being found deficient if inadequate detail is provided.

d. Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government. The Government will not evaluate any excess information resulting from the offeror’s failure to comply with the submission instructions. Examples: If an offeror were to submit three pages in response to an item with a two page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated. If an offeror were to submit a fold-out sheet (e.g. 11”x17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8-1/2 x 11 inch sheet would be evaluated. If an offeror were to submit three 8-1/2 x 11 inch pages in response to a one not-to-exceed 11 x 17 inch page limitation, only the information that could reasonably have been submitted on one 11 x 17 inch sheet would be evaluated. If an offeror submitted alternates that were not requested, the information will not be evaluated.

e. The degree of risk to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor.

f. A “deficiency” is 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. “Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance. A “significant weakness” is a proposal flaw that appreciably increases the risk of unsuccessful contract performance.

The Government cannot accept an offer with a deficiency in its technical proposal. The term “acceptable” is therefore used in this context to describe a technical proposal that does not contain a deficiency and thus could be accepted by the Government, notwithstanding any weaknesses or significant weaknesses in the proposal.

g. The Government cannot make award based on a deficient offer. Therefore, a rating of “Unacceptable” under any factor will render the offer ineligible for award, unless the Government elects to enter into discussions with that offeror and all deficiencies are remedied in a revised proposal.

h. Failure of a proposed key subcontractor to furnish authorization for the Government to discuss its past performance with the offeror will not be considered a proposal deficiency. However, the Government will not be able to disclose to the offeror any details pertaining to their performance problems.

i. Past Performance Adjectival ratings and Performance Risk - Performance risks are those risks associated with an offeror's likelihood of success in performing the solicitation's requirements as indicated by that offeror's record of current or past performance.

Excellent Essentially no doubt exists that the offeror will successfully perform the required effort based on their performance record.

Risk Level: Very Low Good Little doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Low Adequate Some doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Moderate Marginal Significant doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: High Poor It is extremely doubtful that the offeror will successfully perform the required effort based on their performance record. Risk Level: Very High

Unknown The offeror has no relevant past performance upon which to base a meaningful performance risk prediction. By law, contractors with no relevant past performance history cannot be evaluated favorably or unfavorably. Risk Level: Unknown

j. Adjectival ratings and proposal risk for other than past performance.

ADJECTIVE

DEFINITION AND CRITERIA

Excellent

The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes numerous advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in outstanding performance.

The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements. Risk Level: Very Low

Good

The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low

Acceptable

The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages.

Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements. Risk Level: Moderate

Marginal

The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions are further considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High

Susceptible to Being Made Acceptable

The proposal demonstrates an approach which, as initially proposed, cannot be rated Marginal because of error(s), omission(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal. These solutions are further considered to reflect high to very high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High to Very High

NOTE: A Susceptible rating cannot be a final rating. The final rating will either increase to a rating of Marginal or better or decrease to Unacceptable

Unacceptable

The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has numerous disadvantages of substance, and advantages which, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will not result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement.

Risk Level: Very High

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS.

3.1 GENERAL INSTRUCTIONS.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

Submit only the hard-copy paper documents and electronic files specifically authorized elsewhere in this section.

Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal. Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” paper. Use at least 1 inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, unusual font styles such as script, or condensed fonts. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;

information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Proposal Binding.

The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceeded and that pages turn freely. Do not use spring clamps, spiral binding systems, or heat binding systems.

3.1.3 Conditioning of Offer.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal volumes. Inclusion of any standard company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the offer; see “Inquiries”, located in Section 00010, for points of contact. Notwithstanding the above, the offeror must clearly describe in the proposal cover sheet submitted with the price volume any exceptions, within the offer, to the contractual and/or technical terms and conditions of the solicitation.

3.1.4 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

3.2 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSAL VOLUMES.

Each offeror must submit both a “price proposal” volume and a “technical proposal” volume. The price proposal includes the signed offer and the offeror’s proposed prices, as well as other “pro forma” requirements. The technical proposal includes all required information relating to the “non-cost” evaluation factors. The two volumes must be submitted as separate, physically distinct volumes. Both volumes must be received at the location shown in Block 8 of Standard Form 1442, not later than the date and time specified in Block 13 of Standard Form 1442. The information in the two volumes is evaluated separately and independently. Therefore, all information intended by the offeror to be evaluated as part of the price proposal must be submitted as part of the price proposal.