W91238-12-B-0006-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Project: American River Watershed (Common Features), Sites L9 and L9A Sacramento, California, remediation of both sites using jet-grouting for gaps in the existing cutoff w all.

The purpose of this Amendment is to re-post pages 25-27 of the solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

1 38

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 25-Jul-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91238-12-B-0006

X 9B. DATED (SEE ITEM 11)

27-Jun-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 5 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

25-Jul-2012

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91238-12-B-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time 27-Jul-2012 01:00 PM has been added.

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO THE BIDDER

SECTION 00 21 13

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

AND EVALUATION CRITERIA FOR AWARD

SUBMITAL INFORMATION:

For those offeror’s invited to participate in Step Two of the subject solicitation, please see below for instructions pertaining to the required pricing information.

The following documents must be returned with your bid.

--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 bid.

--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 00 45 00).

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

INQUIRIES:

Prospective bidders 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 bid opening, please check http://www.fbo.gov http://www.fbo.gov/�

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

1. To submit and review bid inquiry items, bidders 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: W91238-12-B-0006 The Bidder Inquiry Key is: 7FWVBA-K43653

c. The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to the bid opening date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Bidders 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. The point of contact for this solicitation is:

Contract Specialist: Marsha Sells Telephone: (916) 557-5232

E-MAIL: Marsha.R.Sells@usace.army.mil AND Carol.A.Dones@usace.army.mil

DIRECTIONS FOR SUBMITTING BIDS:

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No. W91238- 12-B-0006 Bid Due Date: 27 July 2012 Bid Due Time: 1:00 PM Local Time

ADDRESS ENVELOPES TO:

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

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

https://www.projnet.org/projnet� mailto:Marsha.R.Sells@usace.army.mil� mailto:Carol.A.Dones@usace.army.mil�

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

Due to security precautions, all Corps of Engineers visitors are now required to sign-in, leave a Photo-ID (such as a drivers license), and get a Visitor’s Pass at the Security Desk in the Building Lobby. Bidders may no longer hand-carry their bids directly to Contracting Division. Bids may NOT be either 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 Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled bid opening time to accept sealed bids. After announcing that no further bids will be received, the Bid Opening Officer will take the hand-carried bids and have them x-rayed as a security precaution. After the bids have been x-rayed, the bidders waiting in the Building Lobby will then be escorted as a group to the Bid Opening Room, where the bids will be publicly opened and read in Step Two.

Bidders who desire to hand-deliver their bids at an earlier time must notify the contract specialist in advance 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.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

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 Attachments, Preaward Survey). The Preaward Survey is attached to the solicitation for information purposes only. It will be required from only the low bidder. After the Bid Opening, the Government will request this information from the low bidder if the low bidder has not had a contract with the Sacramento District within the last twelve months and the Government will set a due date for its submission. The Preaward Survey is not required as part of the bid package.

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.

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

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%2038511%202008/For ms/AllItems.aspx or an alternate URL is http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

TELEGRAPHIC BIDS:

TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE.

However, bids may be modified or withdrawn by written or telegraphic notice. Any telegram to modify or withdraw a bid sent to this office must be received in the office designated in the Invitation for Bids (IFB) for receipt of bids not later than the exact date and time set for bid opening. A telegraphic modification or withdrawal of a bid received in such office by telephone from the receiving telegraph office not later than the exact date and time set for bid opening 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 IFB for receipt of bids. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the number of the IFB, and shall sign the envelope. The bidder 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.

FACSIMILE BIDS/OFFERS:

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

PREPARATION OF SUBCONTRACTING PLAN:

http://140.194.76.129/publications/� http://www.wbdg.org/ccb/ccb.php� https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20EM%2038511%202008/Forms/AllItems.aspx� https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20EM%2038511%202008/Forms/AllItems.aspx� http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx�

(a) See FAR 52.219-9, Section 00 70 00, of this solicitation. 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 $1,500,000; they are not required from small business firms regardless of the contract price.

(b) For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD.

(c) 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.

(d) 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 3.5%

Service Disabled Veteran Owned Small Business 2.0%

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

CONTRACT AMOUNT.

The below information pertaining to bonding and the Bid Guarantee applies to only those invited to participate in Part Two of the subject solicitation.

PERFORMANCE AND PAYMENT BONDS:

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 00 70 00.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

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".

BID GUARANTEE FORM AND AMOUNT:

The bidder 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 00 10 00), 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."

ACCEPTANCE OF OFFERS:

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.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

SECTION 00 22 10

SECTION 00 22 10

TWO-STEP PROCUREMENT ACQUISITION

BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

EVALUATIONS, AND CONTRACT AWARD

1. OVERVIEW.

1.1. This is a “Two-Step Invitation for Bid” solicitation for the construction of a cutoff wall using jet grout construction in Sacramento, California. The Contracting Officer will award a firm fixed-price contract to the responsive and responsible Bidder, whom the Source Selection Authority determined had an acceptable Step-One proposal, conforms to the solicitation, is fair and reasonable, and bids the lowest overall price. Specifications are not currently available to issue a conventional Request for Proposal.

1.2. Overview of the Source Selection Process. The two-step procedure is designed to obtain the benefits of sealed bidding by awarding a contract to the lowest price, responsive, responsible bidder. Under the two-step sealed bidding process, Step One consists of the request for, submission, evaluation, and (if necessary) discussion of a technical proposal. The technical proposal shall not include prices or pricing information. The proposals are evaluated for acceptability and negotiations or discussions held, if necessary. In the second step, the normal sealed bid process is followed except that only bidders with acceptable technical proposals may bid, and each bidder’s price is based on its own technical proposal.

1.3. Bidders are advised that the Government intends to make awards on the basis of initial technical acceptable proposals without conducting discussions with bidders, but reserves the right to conduct discussions if determined by the Source Selection Authority to be necessary [see FAR Part 14.501(a)]. Therefore, the initial proposal should contain the bidder's best terms from a technical and price standpoint.

2. BASIS OF AWARD.

In Step-Two of the two-step sealed bid process, award will be made only to the responsive, responsible bidder whose technical proposal has been accepted in Step One, and whose bid offers the lowest overall price to the Government. In the second step, only bids based upon technical proposals determined to be acceptable, either initially or as a result of discussions, will be considered for award; and each bid in the second step must be based on the bidder's own technical proposal.

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 prime contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

2.2. THE TECHNICAL EVALUATION FACTORS:

a. The Government will evaluate each bidder’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below and further described in the Step-One Technical Proposal Volume. Each of the evaluation factors will be evaluated by the Government and an adjectival rating will be determined by consensus of the Government evaluation board. There are no relative weights assigned to the factors.

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

Factor 1: Organizational and Management Approach Factor 2: Experience and Capability Factor 3: Key Personnel Factor 4: Specialized Technical Capabilities Factor 5: Past Performance Factor 6: Socio-Economic Considerations

2.3. GENERAL TECHNICAL EVALUATION CRITERIA

a. The evaluation shall be conducted in accordance with FAR Subpart 14.5, Two-Step Sealed Bidding. For this procurement, only one technical proposal may be submitted by each bidder. Bidders should a submit proposal that is complete without the need of additional explanation or information. The Government shall make a final determination regarding a proposal's acceptability solely on the basis of the proposal as submitted. The Government may proceed with the second step without requesting further information from any offeror; however, the Government may request additional information from bidders of proposals that it considers reasonably susceptible of being made acceptable.

b. Technical Proposals will be rated at the factor level and will be evaluated in terms of strengths, weaknesses, and deficiencies. If any factor is found deficient, the proposal will be determined deficient. The initial technical proposal may have limited weaknesses and still be reasonably susceptible of being made acceptable, and therefore eligible for discussions, if no award is made without discussion. However, an initial proposal that contains one or more deficient or unacceptable factors will be considered unacceptable and will be eliminated from further consideration.

c. If discussions are held with bidders whose proposals are considered reasonably susceptible of being made acceptable and a request for proposal revisions are requested, the revised proposal will be re-evaluated in accordance with the criteria in the solicitation. After completion of discussions and evaluation of any revised proposals, the proposal shall be determined as acceptable or unacceptable. If determined unacceptable, a notice of unacceptability will be forwarded to the bidder upon completion of the proposal evaluation and final determination of unacceptability.

d. The bidder’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 will result in a lower acceptability rating, in addition to any other impacts on the evaluation. Material omission(s) may cause the technical proposal to be rejected as unacceptable.

e. 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.

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

g. 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 bidder’s failure to comply with the submission instructions. Examples: If a bidder 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 bidder 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 a bidder 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 a bidder submitted alternates that were not requested the information will not be evaluated.

h. The degree of acceptability to the Government inherent in the bidder’s technical proposal will be a consideration under every evaluation factor except past performance.

i. 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.

j. Failure of a proposed key person or sub-contractor to furnish authorization for the Government to discuss its past performance with the bidder will not be considered a proposal deficiency. However, the Government will not be able to disclose to the bidder any details pertaining to their performance problems.

k. Past Performance Evaluation. The past performance evaluation results in an assessment of the bidder’s probability of meeting the solicitation requirements The past performance evaluation considers first each bidder’s demonstrated recent and relevant record of performance that meet the contract’s requirements. Second a performance confidence assessment rating is assigned for each bidder after evaluating the bidder’s recent past performance, focusing on performance that is relevant to the contract requirements.

There are two aspects to the past performance evaluation. The first is to evaluate the bidder’s past performance to determine how relevant a recent effort accomplished by the bidder is to the effort to be acquired through the source selection. The second aspect of the past performance evaluation is to determine how well the Prime Contractor performed on the contracts. The Government will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

1. Performance Confidence Assessment - Performance confidence is the confidence 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. Performance Confidence Assessment: In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in accordance with the table below (Reference FAR 15.305(2) for information on assigning an unknown/neutral confidence rating.)

Rating Description 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.

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 be able to successfully perform the required effort.

Unknown Confidence (Neutral) 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.

Note: A bidder that is assessed at the level of Substantial, Satisfactory or Limited Confidence will be considered acceptable.

2. Past Performance Ratings

Acceptable:

Substantial, Satisfactory and Limited Confidence Rating will be considered as Acceptable. Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: A No Confidence Rating will be considered as Unacceptable. Failure to meet criteria defined in the Acceptable rating above.

Reasonably susceptible of being made acceptable:

Marginal because of a minor error(s), omission(s) or deficiency(ies) which is/are capable of being corrected without a major rewrite or revision of the proposal.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined in the context of “unknown” shall be considered “acceptable.”

2. Overall Technical Proposal Rating. The technical proposal as a whole will be rated as either Acceptable, Unacceptable, or Reasonably Susceptible of being made Acceptable. The definitions are as follows:

Acceptable:

Proposal demonstrates a clear understanding of all requirements. Evidence provided indicates that the stated approach will be successful and that solicitation requirements will be met. No significant weaknesses other than those permitted herein are identified. For each bidder the Government determines to have submitted an “Acceptable Technical Proposal”, meaning that all factors other than past performance in the step one submission factors 1, 2, 3, 4, and 5, must have been rated as Technically Acceptable by the evaluation board and past performance must have been rated substantial, satisfactory or limited confidence by the evaluation board.

Unacceptable: Failure to meet criteria defined in the Acceptable rating above.

Reasonably susceptible of being made acceptable:

Proposal generally demonstrates an adequate level of understanding of all requirements, but shows a lack of clear understanding or adequacy in specific parts of the proposals. An approach which, as initially proposed, cannot be rated Marginal because of a minor error(s), omission(s) or deficiency(ies) which is/are capable of being corrected without a major rewrite or revision of the proposal.

2.4. EVALUATION OF THE BID

a. 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.

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

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 Proposal or Bid.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or bid price 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 proposal/bid 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 proposal/bid; see “Inquiries”, located in Section 00 21 16, for points of contact. Notwithstanding the above, the bidder must clearly describe in the proposal cover sheet submitted with the bid price volume any exceptions, within the proposal/bid, to the contractual and/or technical terms and conditions of the solicitation.

3.1.4 Restrictions on Bidder-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 bidder’s technical proposal. Bidders that include in their proposals and bid 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 Bidder – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

4. STEP-ONE TECHNICAL PROPOSAL VOLUME.

4.1 NUMBER OF SETS OF THE TECHNICAL PROPOSAL.

The Technical Proposal is to be submitted in one hard “original” and _six_ copies. In addition, submit one complete copy of the technical proposal on Compact Disk (CD) using a searchable “pdf” file format.

Use the following cover sheet when submitting the Step-One Technical Proposal Volume:

STEP ONE TECHNICAL PROPOSAL VOLUME

COVER SHEET

1. Name, Address, and DUNS Number of Prime Contractor

2. Telephone Number: ________________________________________________________________

3. Solicitation Number: _______________________________________________________________

4. Title of Project: ___________________________________________________________________

5. Name and Title of Person Authorized to Sign Bid: Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

6. Names, titles, and telephone and email addresses of persons authorized to negotiate on the bidder’s behalf with the Government in connection with this solicitation:

7. The bidder agrees to perform the required work according to the proposed technical approach in strict accordance with the terms and conditions of this solicitation.

8 . Signature: ______________________________________________ Title

9. Bid Date: _____________________________________________

10. Amendments (Number & Date of Acknowledgement):

END OF COVER SHEET

4.2 FORMAT, CONTENTS, AND LIST OF TABS FOR THE TECHNICAL PROPOSAL.

Use 8-1/2” x 11” pages for the narrative portions of the proposal. There is not a page limit for the overall technical proposal; however, there may be limits imposed at the tab level. Organize your technical proposal as indicated below. The tabs directly correlate to the technical evaluation factors. Although the Government may use information contained anywhere within the technical proposal in its evaluation of any technical evaluation criteria, the Government is not obligated to search for or to consider information that is not located in the specified location.

Number the pages. Do not include information pertaining to your proposed pricing for this project in the technical proposal except as specified in the submittals under Tab 6, Socio-Economic Considerations. Limit your submittals to the information specified; excess information will not be evaluated.

TAB CONTENTS

1. FACTOR 1 – ORGANIZATIONAL AND MANAGEMENT APPROACH

Project Organization Chart Management Plan

Prime Contractor/Key Sub-Contractor Corporate Resumes

2. FACTOR 2 – EXPERIENCE AND CAPABILITY

Prime Contractor/Key Sub-Contractor Example Projects Demonstrating Experience and Capability

3. FACTOR 3 – KEY PERSONNEL

Key Personnel Resumes and Example Projects Demonstrating Qualification and Experience

4. FACTOR 4 – SPECIALIZED TECHNICAL CAPABILITIES

Measurement of Drilling Deviations Analyzing Drilling Deviations Immediately Prior to Jet Grout Injection

2.5 Meter Diameter Jet Grout Columns Using Small Amount of Compressed Air

5. FACTOR 5 – PAST PERFORMANCE

Prime Contractor/Key Sub-Contractor Past Performance

6. FACTOR 6 – SOCIO-ECONOMIC CONSIDERATIONS

Proposed Small Business Participation

4.3 DETAILED SUBMISSION REQUIREMENTS AND EVALUATION CRITERIA FOR THE

TECHNICAL PROPOSAL.

FACTOR 1 – ORGANIZATIONAL AND MANAGEMENT APPROACH

1. General and Evaluation Criteria.

The organizational and management approach must be in sufficient detail to clearly demonstrate (1) the bidder(s) have sufficient corporate experience and can supply the corporate support and also field personnel to perform the work. The organizational chart and management approach narratives should contain sufficient information to allow the Government to perform a basic analysis of the organization responsible to perform the project. The bidder’s organizational and management approach will be evaluated for the level of completeness, adequacy of the proposal, and whether the bidder’s organizational and management approach appears reasonable, realistic, and achievable.

The information provided in the prime Contractor’s corporate resumes will be evaluated to determine if the prime Contractor has the resources necessary for successful performance. If there are proposed key sub-Contractors, the information provided in the sub- Contractors’ corporate resumes will be evaluated to determine if the proposed sub- Contractors have the resources necessary for successful performance of the subcontracted work.

2. Brief introduction narrative.

Identify and provide the name, DUNS number, street address, and a brief description of the role and authority of each firm that will be involved in performance of this contract at the Prime Contractor and key sub-contractor level.

For this Step One technical proposal submission, the Prime Contractor is the firm performing the jet grout construction effort. If the proposed Prime Contractor is a Joint Venture or teaming arrangement (i.e. mentor protégé), describe the relationship, role, and authority (to include management authority) of each firm. (Note: If a proposed firm has branch offices, provide information for each individual branch office that will perform work under the contract with its own workforce.) List the major work elements to be self-performed by the bidder’s in-house work force, the major work elements to be performed by each key sub-contractor, and any other major work to be subcontracted to other sub-contractors. It is expected that the Prime Contractor will also be the firm which performs the jet grouting, and provides the essential field personnel and major equipment to perform the work, including: drills, drilling rods which also will serve as the injection rods, high pressure pumps, and grout plant

3. Organizational Chart.

Provide a chart that graphically depicts the bidder’s proposed project team consisting of the major subcontracting efforts and key staffing personnel positions. Include by name the proposed firm to perform the jet grout construction efforts. Additionally, indicate the organizational placement of the Prime Contractor’s Project Manager, Construction On-Site Project Superintendent, Prime Contractor’s Scheduler, Jet Grouting QC/QA Manager, Jet Grouting Superintendent, Jet Grouting Drill Operator, and Jet Grouting Grout Plant Operator. Offeror’s shall indicate the extent to which the offeror and its proposed subcontractors have worked together in the past on projects same/similar to this solicitation. Joint ventures shall provide additional information regarding any limits of responsibility of the parties. The lines of responsibility for the joint venture organization and identification of the firm each employee in the organizational chart belongs to is also required for joint venture offerors. Indicate lines of authority using a separate depiction (either color, solid, etc. lines). The organizational chart shall also identify the line of authority within the organization, authority of key personnel, and authority between all proposed team subcontractors and the prime. Offerors shall provide their proposed organizational chart specifically identifying individuals to be assigned to key personnel positions (e.g. project manager, project superintendent, on-site quality control personnel, jet grouting QC/QA manager, jet grouting superintendent, jet grouting drill operator, and jet grouting grout plant operator jet grouting specialist, safety management personnel) and all proposed team subcontractors.

The contractor will commit to utilizing the following key employees on the project. If alternate personnel would be required, provide resumes for these employees of the Contractor. The primary or alternative employee will be committed by the Contractor for the duration of the project, unless written release is obtained from the Contracting Officer. The key personnel are:

• Jet Grouting Project Manager

• Jet Grouting QC/QA Manager

• Jet Grouting Superintendent

• Jet Grouting Drill Operator

• Jet Grouting Grout Plant Operator

4. Management Plan. Discuss the approach managing and controlling multiple sub-contractors on site, handling security requirements, maintaining a safe work environment and access to the construction site, controlling and handling quality control issues, replacing personnel and resolving problems and ultimately ensure that the customer is well served and provided the very best effort.

5. Prime Contractor/Key Sub-Contractor Corporate Resumes.

a. The offeror is required to submit a corporate resume for itself and each of the proposed key sub-contractors. If the offer is being submitted by a Joint Venture, submit a separate resume for each Joint Venture participant. The key sub-contractors corporate resumes relating to the jet grout waste management, quality control laboratory, and cement supplier.

b. The purpose of the corporate resume is to provide information that will substantiate that the prime and firm to which the work will be subcontracted has the resources necessary for successful performance in the area they are proposed to perform.

c. In the event of a Prime Contractor that is part of a large, multi-segmented business concern, the information provided should directly pertain to the specific segment of the business concern (i.e., the division, group, unit, etc.)

that will perform work under the prospective contract with its own workforce. Information pertaining to the business concern in general or to other offices or locations of the firm which will not be self-performing work under the prospective contract with their in-house personnel or affiliates should not be submitted.

d. A standard format for the corporate resume is not specified. However, the Government is interested in information such as the following:

--Prime Contractor name, office address, and telephone number for the office that will perform the work under the prospective contract.

--Type of business organization; date organized; date and state of incorporation, if applicable.

--Number of personnel on the present payroll in the following categories: partners, officers, other key, remainder.

--Number of permanent personnel on the present payroll.

--Equipment owned (relevant to the work to be performed).

--Total value of work in past six years exclusive of Joint Venture; Average annual gross income for the past six years.

--Largest job in past six years (contract amount, date completed, description, owner).

--Largest job ever completed (contract amount, date completed, description, owner).

--Type of work in which firm specializes

--How long the firm has been performing work similar to what they would be performing on the current acquisition.

--Relevant specialized experience.

--Relevant certifications, etc.

6. Formatting and Other Restrictions.

There is not a page limitation for the organizational chart and project management submission; however, pages must not exceed 11” x 17” in size. Ensure the font size is legible so each activity and its duration can be read.

The narrative submission is limited to twelve 8-1/2” x 11” pages. Corporate resumes for prime contractor/key sub-contractor are limited to three pages for each Contractor.

FACTOR 2 – EXPERIENCE AND CAPABILITY

1. General.

a. The more similarities an example project has with the prospective contract, the more relevant it will be considered. Relevant is defined as projects similar in project type/scope, physical size, complexity, dollar value, contract type, and degree of subcontract/teaming. The more relevant the experience is the more favorable the evaluation rating.

b. The Government is especially interested in relevant successful experience in construction of a jet grout cutoff wall. The Key Elements are:

1. Demonstrate experience in permanent vertical cutoff wall (minimum 12 years design life), in which the cutoff wall was formed using a single row of jet grout columns in an embankment or non-embankment work. The single line column layout is required on this project to protect critical lifeline infrastructure; and

2. Demonstrate experience in construction of a cutoff wall at depths (minimum drilling depth of 60 feet) and plan areas of at least (15,000 sq. ft.), in which a minimum of 40 feet of jet grout column is created using the triple fluid process ; and

3. Experience at…