12-B-0008.pdf

W91238-12-B-0008 American River Common Features, WRDA 1996 Remaining Site R10

Site R10 is located on the north levee of the American River at the Watt Avenue Bridge crossing, in Sacramento, California. There is an existing cutoff w all in the levee that approaches the bridge on each side, but leaves a 183-foot gap across the Watt Avenue Bridge. This contract involves construction of a jet-grout cutoff w all through Watt Avenue to f ill in this gap. The cutoff w all w ill consist of 6-foot diameter overlapping grout columns, 50 feet deep east and w est of Watt Avenue, and 54 feet deep across Watt Avenue. Traff ic control for both vehicles and pedestrians/bicyclists w ill be required. Only tw o lanes of Watt Avenue are allow ed to be closed at any time, and the construction on Watt Avenue is limited to nights and w eekends.

The magnitude of construction for the subject project w ill be betw een $1,000,000 and $5,000,000.

This acquisition is proceeding as Tw o-step Sealed bidding. The project w ill proceed as Unrestricted.

X

RYAN J BAYLESS 916-557-7090

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

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

NEGOTIATED

27-Jun-2012

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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 __________6 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Jul 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONSTRUCTION BRANCH

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE W91238

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

CONSTRUCTION & A-E BRANCH

1325 J STREET

SACRAMENTO CA 95814-2922

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

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

FAX:TEL: TEL: FAX:

W91238-12-B-0008 100

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W91238-12-B-0008

Section 00 00 00 - Procurement and Contracting Requirements

CONTINUATION OF SF 1442 PG 3&4

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL

BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL

DOING BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

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

US Army Corps of Engineers, Sacramento District ATTN: Carol A. Dones, RM 878 1325 J St.

Sacramento, CA

(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--

TBD

(c) Participants will meet at--

TBD

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):

Hhtps://www.acquisition.gov/fa/

(End of provision

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 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

SECTION 00 21 13

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

AND EVALUATION CRITERIA FOR AWARD

SUBMITTAL 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.fedbizopps.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-0008

The Bidder Inquiry Key is: JJ2W56-NTANLX

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: Ryan Bayless Telephone: (916) 557-7090

FAX: (916) 557-5278.

E-MAIL:

Ryan.J.Bayless@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-0008 Bid Opening Date: July-2-2012 Bid Opening 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:

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 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 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.

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%20E

M%2038511%202008/Forms/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:

(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, 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.

REAL ESTATE ADVISORY

Advisory For Potential Bidders Regarding Real Estate Interest

This Invitation for Bid is issued prior to the agency’s receipt of the real estate interests necessary to proceed with the performance of work described. Award of this contract cannot be made until the requisite real estate interests are obtained. There is no guarantee that this outstanding item will be obtained or that a contract will be awarded pursuant to this solicitation. A full risk assessment has been completed based on the probability of finalizing the acquisition of the real estate interests in a timely manner, and the decision was made to advertise before rights of entry are obtained for this contract in anticipation that the required real estate interests will be secured before award.

ENVIRONMENTAL APPROVAL ADVISORY

This Invitation for Bid is issued prior to the agency’s receipt of the environmental approval necessary to proceed with the performance of work described. Award of this contract cannot be made until this approval is obtained. There is no guarantee that this outstanding item will be obtained or that a contract will be awarded pursuant to this solicitation.

END

Section 00 22 00 - Supplementary Instructions

SUBMISSION INFORMATION

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 submit a 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.