W91238-13-R-0040.pdf

Project: American River Common Features, Sites R3A and L10, Sacramento, CA

The Sacramento District of the U.S. Army Corps of Engineers has an upcoming acquisition to establish contracts to construct cutoff w alls using the jet grout method along the w aterside slope of the levee in Sacramento, California.

Site R3A is located on the right bank of the American River at the Capitol City Freew ay Bridge. The gap in the cutoff w all extends approximately 302 feet. Using jet grouting, the soil cement cutoff w alls w ill be extended tow ard the Capitol City Freew ay but not completely across the Freew ay. Extending the cutoff w all from the existing limits to w ithin 10 feet of the edge of pavement w ould capture seepage in this area.

Site L10 is located on the left/south bank of the American River at How e Avenue. A soil-cement cutoff w all w ill be installed under the How e Avenue Bridge on/near existing bike trail on the w aterside of the levee. The new cutoff w all w ill be installed using jet grouting and w ill pass under the bridge, then ascend the levee on both sides of the bridge to a terminal point w ith the existing cutoff.

This Aquisition w ill proceed as a Urestricted, Request for Proposals (RFP).

The Magnitude of construction is betw een $1,000,000.00 and $5,000,000.00.

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

30-Sep-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 ________380 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 ______________ (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

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1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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-0040 94

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Typewritten Text 30 October 2013

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20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 00 00 - Procurement and Contracting Requirements

1442 PAGES 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 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specifications 395 24-SEP-2013 Attachment 2 Drawings 75 27-SEP-2013 Attachment 3 Supplementary

Conditions

17 24-SEP-2013

Attachment 4 Wage Determination CA9 43 27-SEP-2013

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job American River Common Features, Site R3A

FFP

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.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job American River Common Features, Site L10

FFP

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.

FOB: Destination

NET AMT

SITE R3A PRICE BREAKDOWN

Pricing Breakdown Schedule for Site R3A

Item No. Description Quantity Unit Issue

Unit Price Total Price

1 LS $ $

0001AB Mobilization and Demobilization

1 LS $ $

Wells

1 LS $ $

0001AD SWPPP Design and Implementation 1 LS $ $

0001AE Site Demolition and Disposal 1 LS $ $

0001AF Pothole Existing Utilities 1 LS $ $

0001AG Pre‐ and Post‐ Project Surveys 1 LS $ $

0001AH Deformation Monitoring 1 LS $ $

0001AN Remove and Replace Survey Monument

1 LS $ $

Production

*11,537 TON $ $

Installation

*12,200 SF $ $

0001AS Standby Time During Pre‐ Production

*25 DAY $ $

0001AT Standby Time During Production *5 DAY $ $

Samples

*15 EA $ $

*8 EA $ $

*122 EA $ $

*15 EA $ $

Samples

*15 EA $ $

*3 EA $ $

Total Price(0001AA thru 0001BD) $

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

ESTIMATED QUANTITY CONTRACT CLAUSE.

SITE L10 PRICE BREAKDOWN

Pricing Breakdown Schedule for Site L10

Item No. Description Quantity Unit Issue Unit Price Total Price

0002AA Pre‐mobilization and Submittals (Jet Grouting)

1 LS $ $

0002AB Mobilization and Demobilization 1 LS $ $

1 LS $ $

0002AD SWPPP Design and Implementation 1 LS $ $

0002AE Site Demolition and Disposal 1 LS $ $

0002AF Pothole Existing Utilities 1 LS $ $

0002AG Pre‐ and Post‐Project Surveys 1 LS $ $

0002AH Deformation Monitoring 1 LS $ $

0002AI Jet Grout Waste Management 1 LS $ $

0002AJ Final Construction Report 1 LS $ $

0002AK Pre‐production Jet Grout Cut‐off Wall Installation

1 LS $ $

0002AL Traffic Control and Signage 1 LS $ $

0002AM Striping 1 LS $ $

0002AN Levee Raise 1 LS $ $

1 LS $ $

0002AP Elderberry Bush Protection 1 LS $ $

0002AQ Remove and Replace Survey Monument

2 LS $ $

0002AR Erosion Control Seeding 1 LS $ $

0002AS Irrigation Sprinkler System 1 LS $ $

0002AT Sod (L10 Staging Area) 1 LS $ $

0002AU Working Platform Preparation for Jet Grouting

1 LS $ $

0002AV Jet Grout Waste Disposal During Production

*13,440 TON $ $

0002AW Aggregate Base Course *358 TON $ $

0002AX Asphalt Concrete *218 TON $ $

0002AY CLSM for Pipe Trench Backfill *35 CY $ $

0002AZ Production Jet Grout Cutoff Wall Installation

*19,174 SF $ $

0002BA Standby Time During Pre‐Production *30 DAY $ $

0002BB Standby Time During Production *5 DAY $ $

0002BC Rotary Exploratory Drilling *200 LF $ $

0002BD Rotary Exploratory Coring *800 LF $ $

0002BE Permeability Testing of Cored Samples

*27 EA $ $

0002BF Bore Hole Camera Surveys *72 HR $ $

0002BG In‐Situ Water Pressure Testing (Stage 1)

*14 EA $ $

0002BH In‐Situ Water Pressure Testing (Stage 2)

*14 EA $ $

*243 EA $ $

*27 EA $ $

*27 EA $ $

*3 EA $ $

*531 CY $ $

0002BN CLSM for waterside blanket *191 CY $ $

0002BO Waterside Clay Blanket *2,176 CY $ $

0002BP Geomembrane *1,033 SF $ $

Total Price(0002AA thru 0002BP)

* 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

52.204-6 Data Universal Numbering System Number JUL 2013 52.211-2 Availability of Specifications, Standards, and Data Item

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

JAN 2006

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.216-1 Type Of Contract APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)--EFARS

Item No. 0001-0002 is 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)

52.219-24 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--TARGETS (OCT 2000)

(a) This solicitation contains a source selection factor or subfactor related to the participation of small disadvantaged business (SDB) concerns in the contract. Credit under that evaluation factor or subfactor is not available to an SDB concern that qualifies for a price evaluation adjustment under the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, unless the SDB concern specifically waives the price evaluation adjustment.

(b) In order to receive credit under the source selection factor or subfactor, the offeror must provide, with its offer, targets, expressed as dollars and percentages of total contract value, for SDB participation in any of the North American Industry Classification System (NAICS Industry Subsectors as determined by the Department of Commerce. The targets may provide for participation by a prime contractor, joint venture partner, teaming arrangement member, or subcontractor; however, the targets for subcontractors must be listed separately.

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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—

7 October, at 9:00 am

(c) Participants will meet at--

Tribute Road under I-80

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 CLIN 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”)

--Any other documents required by the solicitation (see Attachments and/or Section 00 22 11

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-0040

The Bidder Inquiry Key is: HEN6ZD-YKP58M

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 Sells Telephone: (916) 557-5232

E-MAIL: Marsha.R.Sells@usace.army.mil AND Rachel.A.Rosas@usace.army.mil

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). 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

TELEGRAPHIC OFFERS:

TELEGRAPHIC OFFERS ARE NOT ACCEPTABLE.

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

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 50.0%

Small Disadvantaged Businesses 17.0%

Women-Owned Small Businesses 18.0%

HUBZone Small Business 10.0%

Veteran-Owned Small Business 8.5%

Service Disabled Veteran Owned Small Business 4.0%

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

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 SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

American River Common Features, Sites R3A and L10, Sacramento, California

1. OVERVIEW.

This is a "Best Value" solicitation for the construction of American River Common Features, Sites R3A and L10, Sacramento, California. The Contracting Officer will award a firm fixed-price contract to the Offeror whom the Government determines to be responsible, conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

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

A determination of responsibility will be made for the offeror who is selected for award. If an offeror is a small business and is determined to be non-responsible the decision will be referred to the SBA for a competency review, unless it is due to the non-acceptability of the Surety offered, in which case the determination of non-responsibility by the Contracting Officer will stand per FAR 28.203. Only offerors who are determined to be responsible will be awarded a contract.

2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

This procurement is using the best value, trade off approach because the Government is willing to pay a premium to ensure that the contractor selected for the contract will provide the highest quality construction within the Period of Performance.

The Evaluation Factors are shown in descending order of importance. Factor 1 is the most important factor. When combined Factor 1 and 2 are more important and all other technical factors combined. Factor 2 is more important than Factor 3 and 4. Factor 3 is equally important to Factor 4. Factor 3 and 4 are more important than Factor 5. All the technical factors when combined are significantly more important than price.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

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

2.4. EVALUATION OF THE PRICE PROPOSAL

The price proposal submitted will be evaluated and considered but will not be point scored. The proposed price will be evaluated to determine whether it is reasonable for the work to be performed; reflects a clear understanding of the requirements; and is consistent with the offeror’s technical proposal. The Government will use appropriate techniques in compliance with FAR 15.404-1(b) to evaluate the Price Proposal and determine an offeror’s proposed price is reasonable. Additionally, all offers will be analyzed for unbalanced pricing (FAR 15.404-1(g)).

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.

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

The Government may consider the availability of funds for contract award in determining which proposal offers the best value to the Government. If an offeror’s proposed price(s) exceeds the funds made available for any item or group of items on the pricing schedule (excluding option line items), that offer may be ineligible for contract award, notwithstanding the reasonableness of the total proposed price for all of the line items on the pricing schedule.

2.5. THE TECHNICAL EVALUATION FACTORS:

The Offeror is required to propose a specific project team including key subcontractors for evaluation in response to this Request for Proposals. For purposes of this procurement, the terms “key subcontractors” are used to refer only to the prospective subcontractors whose qualifications, experience, and past performance will be evaluated by the Government as part of the source selection process. For reasons of efficiency, not all of the subcontractors are critical to successful post-award contract performance have been included in this group. In order to streamline the proposal submission and evaluation process, please limit your submission to the information specifically requested.

Information pertaining to other subcontractors not designated as “key” by the Government will be considered excess and will not be evaluated.

For the purposes of this procurement, a key subcontractor is defined as any subcontractor performing “key” major work elements for which capability information is required to be submitted for evaluation as part of the Offeror’s technical proposal.

The Offeror’s attention is directed to the clause in Section 00 73 00 titled “Key Personnel and Subcontractors”. In accordance with this clause, any post-award changes to the key subcontractors in the accepted proposal will require prior contracting officer approval.

2.6. GENERAL TECHNICAL EVALUATION CRITERIA

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

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.

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

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

The degree of risk to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor/subfactor, with the exception of Factor 5, Past Performance, which will be evaluated as Past Performance Confidence Assessment.

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

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

TECHNICAL/RISK RATING SCALE

WITH RISK INCORPORATED INTO THE RATINGS:

This rating scale will be used in conjunction with each evaluation of Factor 1 through 4. Rating scales for Factors 5 and 6 are available below.

ADJECTIVE

DEFINITION AND CRITERIA

Outstanding

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is VERY LOW.

Good

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

Risk of unsuccessful performance is LOW.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is NO WORSE THAN MODERATE.

Marginal

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is HIGH.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies.

Proposal is UNAWARDABLE.

These Rating Scales will be used for Factor 5- Past Performance There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type and degree of subcontract/teaming. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts.

1. Past Performance Relevancy Ratings (Adjectival) -- Past performance analysis provides insight into an offeror’s probability of successfully completing the solicitation requirements based on the offeror’s performance record on similar contract efforts.

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

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

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

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

2. Past 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.

These Rating Scales will be used for Factor 6- Socio-Economic Considerations

Excellent Offeror is a small business. SB firm(s) are specifically identified in the proposal;

demonstrates substantive commitment to SB firm(s), for example enforceable commitment with 1 or more firms; identifies the complexity and variety of work small businesses are to perform; demonstrates commitment to far exceed the 15% SB Participation goal (offering 40% or more); meets or exceeds 2 or more subcategory small business goals. Subcontracting Plan= Pass

Good Offeror is a large or small business. SB firm(s) are specifically identified in the proposal; demonstrates substantive commitment to SB firm(s), for example enforceable commitment with 1 or more firms; identifies the complexity and variety of work small businesses are to perform; demonstrates commitment to exceed the 15% SB Participation goal; and meets or exceeds 1 or more subcategory small business goals. Subcontracting Plan= Pass

Acceptable Offeror is a large or small business. SB firm(s) are specifically identified in the proposal; demonstrates a commitment to SB firm(s); identifies the complexity and variety of work small businesses are to perform; and demonstrates commitment to meet the 15% SB Participation goal. Does not meet any of the subcategory small business goals. Subcontracting Plan= Pass

Unacceptable Offeror is a large or small business, and does not demonstrate commitment to meet the 15% SB…