A02.1__W91238-13-R-0032.pdf

Project: Napa River Dry Bypass, Napa, California

The purpose of the Dry Bypass w ill be to convey a large portion of the Napa River f lood flow s around the oxbow reach. Because the Dry Bypass w ill remain dry throughout most of the year, public access and recreation during non-f lood periods w ill be available. The Dry Bypass conceptual plan (HDR/WEST, 2010) described how the project w ould function hydraulically w hile also providing an aesthetically pleasing open space in dow ntow n Napa. The bypass area w ill include a trail and w alkw ay system to provide access to recreational facilities. The proposed energy dissipater, located on the dow nstream side of McKinstry Street, w ill include additional space for public events and an amphitheater.

This acquisition is proceeding as a Total Small Business set-aside Request for Proposal (RFP).

Magnitude: Betw een $10,000,000 and $25,000,000

MARSHA R SELLS 916-557-5232

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

23-Aug-2013

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________488 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________6 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________23 Sep 2013 (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

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W91238-13-R-0032 142

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

W91238-13-R-0032

Section 00 00 00 - Procurement and Contracting Requirements

PAGES 3&4 OF SF1442

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.

REAL ESTATE ADVISORY

Advisory For Potential Bidders Regarding Real Estate Interest

This Solicitation was issued prior to the agency’s receipt of the real estate interests necessary to proceed with the performance of the work described. Award of this contract cannot be made unless and 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 this contract in anticipation of obtaining the required real estate interests.

AVAILABILITY OF FUNDS

Advisory For Potential Bidders Regarding Funding Availability

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 1839 Specifications 1062 12-AUG-2013 Attachment 2 Drawings 249 12-AUG-2013

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job McKinstry St. Relocation

FFP

Napa River Dry Bypass

(LERRD)

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

See Pricing Breakout Schedule at the bottom of Section 00 10 00.

FOB: Destination

NET AMT

0002 1 Job Bypass Channel

FFP

Napa River Dry Bypass

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

0003 1 Job 10 ' Concrete Pathways

FFP

Napa River Dry Bypass

(LERRD)

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

0004 1 Job 12’ Concrete Pathways

FFP

Napa River Dry Bypass

(BETTERMENT)

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

0005 1 Job Landscaping

FFP

Napa River Dry Bypass

(BETTERMENTS)

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

1001 1 Job OPTION Downstream River Access

FFP

Napa River Dry Bypass

(BETTERMENTS)

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT,

ETC. NECESSARY TO PERFORM ALL WORK IN STRICT ACCORDANCE

WITH THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT

TO INCLUDE ALL ATTACHMENTS THERETO.

CLIN PRICING BREAKDOWN

Item Unit No. Description Quantity Unit Price Amount

0001 MCKINSTRY ST. RELOCATION (LERRDs & PROJECT COSTS)

0001AA Mobilization & Demobilization 1 JB $

0001AB Traffic Control 1 JB $

0001AC Traffic Control (LERRD) 50% 0.5 JB $

0001AD Traffic Control (PROJECT COST) 50% 0.5 JB $

0001AE Demolition Water Line and Valves 620* LF $

0001AF Demolition Sanitary Sewer Lines 141* LF $

0001AG Demolition Asphalt Paving 3,650* SY $

0001AH Demolition Concrete Curb 1,365* LF $

0001AI Demolition Landscape Wall 495* SF $

0001AJ Remove and Return Light Poles 2 EA $

0001AK Relocate Light Poles 3 EA $

0001AL Salvage Amtrak Signs and Posts 2 EA $

0001AM Rough Grading (PROJECT COST) 6,300* CY $

0001AN Sanitary Sewer Pipe CLSM Encasement 254* CY $

0001AO Sanitary Sewer Modifications 1 JB $

0001AP Water Line Relocation 515* LF $

0001AQ Water Line Connection to Kayak Bldg 44* LF $

0001AR Water Line Connection to 1031 Bldg 52* LF $

0001AS New Fire Hydrant and Service 1 EA $

0001AT New Irrigation Service Line 25* LF $

0001AU Steel Casing Sleeves 2 EA $

0001AV Cathodic Protection 1 JB $

0001AW 15” RCP Storm Drain (PROJECT COST) 41* LF $

0001AX 18” RCP Storm Drain (PROJECT COST) 200* LF $

0001AY Catch Basins (PROJECT COST) 2 EA $

0001AZ Subgrade Prep for Roads/Paved Areas 15,900* SF $

0001BA Subgrade Prep for Sidewalks/Curbs 12,560* SF $

0001BB Base Course 2,000* Tons $

0001BC Place Curb 1,114* LF $

0001BD Place New Roadway 1,767* SY $

0001BE Place Sidewalk 1,332* SY $

0001BF Bollards 24 EA $

0001BG Monitoring 1 JB $

0001BH Pavement Markings 1 JB $

SUB TOTAL MCKINSTRY ST. RELOCATION PRICE $

0002 BYPASS CHANNEL (PROJECT COSTS)

0002AA Mobilization & Demobilization 1 JB $

0002AB Traffic Control 1 JB $

0002AC Demolish Parking Lots and Pathways 7,271* SY $

0002AD Demolish Curb and Sidewalk 2,146* SY $

0002AE Demolish Fencing 1,765* LF $

0002AF Demolish Guard Rails and Barriers 200* LF $

0002AG Remove Light Poles 7 EA $

0002AH Remove Street Signs 4 EA $

0002AI Demolish Energy Dissipater 1 JB $

0002AJ Remove RCP Pipe 200* LF $

0002AK Remove Sewer Lines 642* LF $

0002AL Salvage Trees 55 EA $

0002AM Clearing and Grubbing 9.5* ACRE $

0002AN Channel Excavation 123,000* CY $

0002AO Cut to Fill Excavation 28,000* SY $

0002AP Disposal Yard Grading 118,750* CY $

0002AQ Subgrade Preparation 52,900* SY $

0002AR Cofferdams and Dewatering 1 JB $

0002AS Storm Drain – 30” RCP with Outfall 127* LF $

0002AT Storm Drain – 48” Manhole 1 EA $

0002AU Fine Grading for Landscaped Areas 30,852* SY $

0002AV Bypass Inlet Sheetpile 11,760* SF $

0002AW Bypass Inlet Bank Rock Slope Bedding 169* CY $

0002AX Bypass Inlet Bank Rock Slope Protect 353* TONS $

0002AY Bypass Inlet VRSS Soil Lifts 331* LF $

0002AZ Bypass Outlet Sheetpile 6,000* SF $

0002BA Bypass Outlet Bank Rock Slope Bedding 80* CY $

0002BB Bypass Outlet Bank Rock Slope Protect 175* TONS $

0002BC Bypass Outlet Launchable Toe Bedding 327* CY $

0002BD Bypass Outlet Launchable Toe Protect 2,300* TONS $

0002BE Bypass Outlet Launchable Toe Fill 2,083* CY $

0002BF Napa Creek BP STA 17+70 to STA 16+00 170* LF $

0002BG Napa Creek BP STA 16+00 to STA 14+55 145* LF $

0002BH Rootwads 10 EA $

0002BI Stepped Energy Dissipater 191* CY $

0002BJ Slab on Grade under Wine Train Bridge 1,365* CY $

0002BK Energy Dissipater Blocks 17 EA $

0002BL Concrete Curb at Energy Dissipater 200* LF $

0002BM Monitoring 1 JB $

0002BN Low Flow Channel Excavation 3,935* CY $

0002BO Low Flow Channel Rock Lining 2163* Tons $

0002BP Concrete Elliptical Stage 26* CY $

0002BQ Gravel Maintenance Road 940* LF $

0002BR China Point Pathway 436* LF $

0002BS 12’ Concrete Pathway 1,041* LF $

0002BT Slab on Grade under Soscol St Bridge 972* CY $

0002BU Slab on Grade under First St Bridge 188* CY $

0002BV Box Culvert Structure 1 JB $

SUB TOTAL BYPASS CHANNEL BASE PRICE $

0003 10’ CONCRETE PATHWAYS (BETTERMENTS & RECREATION)

0003AA 10’ Concrete Pathways 1,297* LF $

0003AB 10’ Concrete Pathways (BETTERMENT) 776* LF $

0003AC 10’ Concrete Pathways (RECREATION) 521* LF $

SUB TOTAL 10’ CONCRETE PATHWAYS (BETTERMENTS & REC) BASE PRICE $

0004 12’ CONCRETE PATHWAYS (BETTERMENTS & RECRECRATION)

0004AA 12’ Concrete Pathways 1,071* LF $

0004AB 12’ Concrete Pathways (BETTERMENT) 585* LF $

0004AC 12’ Concrete Pathways (RECREATION) 486* LF $

SUB TOTAL 12’ CONCRETE PATHWAYS (BETTERMENTS & REC) BASE PRICE $

0005 LANDSCAPING (PROJECT COSTS)

0005AA Soil Preparation 28,616* SY $

0005AB Turf Reinforcement Mat 30,242* SY $

0005AC Plantings – Shrubs 2,652* EA $

0005AD Plantings – Trees 73 EA $

0005AE Plug Plantings 14,841 EA $

0005AF Irrigation System 1 JB $

0005AG Seeding 5.9* ACRE $

SUB TOTAL LANDSCAPING BASE PRICE $

0008 SITE LIGHTING (BETTERMENTS)

000801 1st Street Bridge Lighting 1 JB $

000802 Soscol Avenue Bridge Lighting 1 JB $

SUB TOTAL SITE ELECTRICAL (BETTERMENTS) BASE PRICE $

BASE ITEMS TOTAL PRICE $

Option Schedule

1001 DOWNSTREAM RIVER ACCESS (BETTERMENTS)

1001AA Excavate 142* CY $

1001AB Concrete 85* CY $

1001AC Backfill 80* CY $

SUB TOTAL DOWNSTREAM RIVER ACCESS OPTION PRICE $

ALL ITEMS STRUCK THROUGH ARE N.I.C. (NOT PART OF THIS PROJECT)

AND SHALL NOT BE PRICED.

2002 FLOODWALL 352

200201 Excavation 2,700* CY $

200202 Cast-in-Place Wall w/Pedestals 1,218* LF $

200203 Gabion Wall 84* LF $

200204 Architectural Railing (low) 390* LF $

200205 Floodwall 352 Closure Structure 1 JB $

200206 Floodwall 352 Flood Gates 1 JB $

200207 Backfill 3,030* CY $

200208 Patch Asphalt 1 JB $

200209 Floodwall 352 Maintenance Road 559* LF $

SUB TOTAL FLOODWALL 352 OPTION PRICE $

2003 FLOODWALL 362

200301 Excavation 2,100* CY $

200302 Cast-in-Place Wall w/Pedestals 983* LF $

200303 Architectural Railing (low) 432* LF $

200304 Architectural Railing (tall) 163* LF $

200305 Floodwall 362 Closure Structure 1 JB $

200306 Floodwall 362 Flood Gates 1 JB $

200307 Backfill 2,233* CY $

200308 Patch Asphalt 1 JB $

200309 Floodwall 362 Maintenance Road 381* LF $

SUB TOTAL FLOODWALL 362 OPTION PRICE $

2004 FLOODWALL ELECTRICAL AND LIGHTING

200401 Conduits 1 JB $

200402 Conductors 1 JB $

200403 Floodwall Lighting 1 JB $

200404 Closure Structure Lighting 1 JB $

200405 Power Service 1 JB $

SUB TOTAL FLOODWALL ELECTRICAL AND LIGHTING OPTION PRICE $

Notes:

1. Prices must be submitted on all individual items of this Pricing Schedule. Failure to do so may cause the proposal to be determined "unacceptable".

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

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

4. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended proposed price. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

5. The successful offeror grants the options listed in the Pricing Schedule to the Government. The options may be exercised up to 90 calendar days after receipt of notice to proceed (NTP).

Exercise of the option occurs upon mailing of written notice to the Contractor. Exercise will be made by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item.

* QUANTITY IS AN ESTIMATED AMOUNT. SEE SECTION 00700, FAR 52.211-18, FOR VARIATION IN

ESTIMATED QUANTITY CONTRACT CLAUSE.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.211-2 Availability of Specifications, Standards, and Data Item

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

JAN 2006

52.215-16 Facilities Capital Cost of Money JUN 2003 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

52.236-28 Preparation of Proposals--Construction OCT 1997 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (DEC 2012)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b)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.

(c) 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)

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)

CLIN Nos.0001-1001 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub-items.

(End of clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Sacramento District ATTN: Construction Contracting Officer, Room 878 1325 J Street Sacramento, California 95814

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

September 9, 2013 at 9:00 am local time

(c) Participants will meet at--

804 First Street, Napa, CA 94559-2623

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):

https://farsite.hill.af.mil

(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 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

AND EVALUATION CRITERIA FOR AWARD

SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND OFFERORS (RFPS):

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

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

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

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

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

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00 45 00).

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

INQUIRIES:

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

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

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

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the QUICK ADD link. Select agency as USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User.

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 : W91238-13-R-0032 The Bidder Inquiry Key is: DFDZGS-KT8ZEP

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

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

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

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

g. The point of contact for this solicitation is:

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

E-MAIL: Marsha.R.Sells@usace.army.mil,AND Nikole.V.May@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-13-R-0032

ADDRESS ENVELOPES/PACKAGES TO:

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

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

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

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

The contract specialist will be in the Building Lobby 20 minutes prior to the closing time to accept hand-carried offers.

Offerors who desire to hand-deliver their offers at an earlier time must coordinate with the contract specialist in advance in order to arrange to be met in the Building Lobby by Contracting Division personnel.

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 Section 00 22 11, Preaward Survey). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Preaward Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

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

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

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

c. Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

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

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

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

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

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

The Preaward Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents.

DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

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

FACSIMILE BIDS/OFFERS:

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

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.

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 offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the CLIN 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.

Section 00 22 00 - Supplementary Instructions

SUPPLEMENTARY INSTRUCTIONS

SECTION 00 22 11

PROPOSAL BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

INSTRUCTIONS AND EVALUATIONS,

AND CONTRACT AWARD

1. OVERVIEW.

This is a "Best Value, Trade-off " solicitation for the construction of the new FY13 Napa River Dry Bypass, Napa, California. The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whom the Source Selection Authority determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the contracting officer makes an affirmative determination of responsibility.