W91238-13-R-0041_R7L7.pdf

Project: American River Watershed (Common Features), Sites R7 & L7, 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 R7 is located on the right back of the American River at the H Street Bridge w ithin the vicinity of Fair Oaks Boulevard. A 151 foot gap at the site is proposed to be closed w ith approximately 265 lineal feet of cutoff w all using the jet grout method along the w aterside slope of the levee.

Site L7 is located on the left bank of the American River at the H Street Bridge adjacent to Sacramento State University. A 320 foot w indow at the site is proposed to be closed w ith approximately 390 lineal feet of cutoff w all using the jet grout method along the w aterside slope of the levee.

This acquisition is proceeding as a Best Value - Tradeoff Request for Proposal (RFP). This RFP is a competitive, Unrestricted Full and Open Competition and all businesses may respond.

Estimated Cost Range is betw een $5,000,000 and $10,000,000

ANNA C CAYANAN 916-557-5231

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 ________440 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 ______________30 Oct 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

02:00 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-0041 101

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-0041

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 PLANS 78 26-SEP-2013 Attachment 2 SPECIFICATIONS 429 26-SEP-2013 Attachment 3 Wage

Determination_CA9

97 26-SEP-2013

Attachment 4 Supplementary Conditions

15 28-SEP-2013

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job American River Common Features, Site R7

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 L7

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

BID SCHEDULE_ORIGINAL

Unit Prices Form

CLIN

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

Site R7

0001 Pre-mobilization and Submittals (Jet Grouting)

1 LS

0002 Mobilization and Demobilization 1 LS

0003 Subsurface Exploration, Soil Boring, and Installation of Observation Wells

0004 SWPPP Design and Implementation

0005 Site Demolition and Disposal 1 LS

0006 Pre- and Post-Project Surveys 1 LS

0007 Deformation Monitoring 1 LS

0008 Jet Grout Waste Management 1 LS

0009 Final Construction Report 1 LS

0010 Pre-production Jet Grout Cut-off Wall Installation

0011 Traffic Control and Signage 1 LS

0012 Elderberry Bush Protection 1 LS

0013 Erosion Control Seeding 1 LS

0014 Vibration Monitoring 1 LS

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

0015 Native Plantings 1 LS

0016 Working Platform Preparation for Jet Grouting

0017 Jet Grout Waste Disposal During Production

17,324*

TON

0018 Aggregate Base Course (Class 2) 142 * TON

0019 Asphalt Concrete (Type A) 21 * TON

0020 Production Jet Grout Cut-Off Wall Installation

17,674*

SF

0021 Standby Time During Pre- Production

30 *

DAY

0022 Standby Time During Production 5* DAY

0023 Rotary Exploratory Drilling 200* LF

0024 Rotary Exploratory Coring 650* LF

0025 Permeability Testing of Cored Samples

21* EA

0026 Bore Hole Camera Surveys 100* HR

0027 In-Situ Water Pressure Testing (Stage 1)

12 * EA

0028 In-Situ Water Pressure Testing (Stage 2)

12* EA

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

0029 Jet Grout Compressive Strength Testing on Fresh Grout Cubes

225* EA

0030 Jet Grout Compressive Strength Testing on Hardened Cuttings

0031 Jet Grout Compressive Strength Testing on Hardened Cored

0032 Field Certification of Drilling Deviation Instruments

3* EA

0033 Remove, Stockpile and Replace Existing Riprap

70 CY

0034 CLSM for Waterside Blanket 97* CY

0035 Waterside Clay Blanket 911* CY

0036 Geomembrane 521* SF

Subtotal Estimated Price

Site L7

0037 Pre-mobilization and Submittals (Jet Grouting)

0038 Mobilization and Demobilization 1 LS

0039 L7 City Encroachment Permit for Pipeline Crossing

0040 Subsurface Exploration, Soil Boring, and Installation of Observation Wells

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

0041 SWPPP Design and Implementation

0042 Site Demolition and Disposal 1 LS

0043 Pothole Existing Utilities 1 LS

0044 Pre- and Post-Project Surveys 1 LS

0045 Deformation Monitoring 1 LS

0046 Jet Grout Waste Management 1 LS

0047 Final Construction Report 1 LS

0048 Traffic Control and Signage 1 LS

0049 Striping 1 LS

0050 Remove and Replace Existing Handrail, Gate and Bollards

0051 Elderberry Bush Protection 1 LS

0052 Erosion Control Seeding 1 LS

0053 Temporary K-Rail Sidewalk

0054 Vibration Monitoring 1 LS

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

0055 Working Platform Preparation for Jet Grouting

0056 Jet Grout Waste Disposal During Production

27,767* TON

0057 Aggregate Base Course (Class 2) 206* TON

0058 Asphalt Concrete (Type A) 94* TON

0059 CLSM for Pipe Trench Backfill 95* CY

0060 Production Jet Grout Cut-Off Wall Installation

29,725* SF

0061 Standby Time During Production 5* DAY

0062 Rotary Exploratory Drilling 200* LF

0063 Rotary Exploratory Coring 900* LF

0064 Permeability Testing of Cored

27* EA

0065 Bore Hole Camera Surveys 150* HR

0066 In-Situ Water Pressure Testing (Stage 1)

15* EA

0067 In-Situ Water Pressure Testing (Stage 2)

15* EA

0068 Jet Grout Compressive Strength Testing on Fresh Grout Cubes

315* EA

NO.

Description Estimated Quantity

Unit of Measure

Unit Price Total Price

0069 Jet Grout Compressive Strength Testing on Hardened Cuttings

0070 Jet Grout Compressive Strength Testing on Hardened Cored

0071 Field Certification of Drilling Deviation Instruments

2* EA

0072 CLSM for Waterside Blanket 251* CY

0073 Waterside Clay Blanket 534* CY

0074 Geomembrane 1354* SF

Subtotal Estimated Price

*Estimated Quantities

-- End of Document --

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 Nos. 0001-0002 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)

52.219-24 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)

(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 1:00 pm

(c) Participants will meet at--

Camellia Avenue, near H street

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 will 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 (CLIN) prices inserted in the appropriate spaces. Prices will 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). Offerors should read, understand, and provide evidnece of Representations and Certifications in accordance with the FAR/Instructions to Offerors. As such, all references to Central Contractor Registration (CCR) and Online Representations and Certifications (ORCA) are to be completed at the new System for Award Management (SAM) located at www.sam.gov. Offerors that were previously registered in CCR and ORCA shall verify that data from those systems has migrated to SAM, the Government will not be responsible for incomplete or inaccurate data

--Any other documents required by the solicitation.

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 BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

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

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

4. The Solicitation Number is : W91238-13-R-0041

The Bidder Inquiry Key is: M8PUSZ-NCJZ3B

c. The Bidder Inquiry System will be opened beginning on 30 September 2013 and remain open until 18 October 2013 at 5PM in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. The Government will provide answers to all inquiries NLT 23 October 2013.

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 primary point of contact for this solicitation is:

Contract Specialist: Anna Cayanan Telephone: (916) 557-5231

FAX: (916) 557-7854

The secondary point of contact is:

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

FAX: (916) 557-7854

E-MAIL:

anna.r.cayanan@usace.army.mil AND marsha.r.sells@usace.army.mil AND Rachel.a.rosas@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-13-R-0041

Closing Date: Please see Block 13 of the solicitation Closing Time: Please see Block 13 of the solicitation

ADDRESS ENVELOPES/PACKAGES TO:

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

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

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

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

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

Offerors who desire to hand-deliver their offers at an earlier time will notify 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 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

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

https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20EM%2038511%202 008/Forms/AllItems.aspx or an alternate URL is http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

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:

a. Small Businesses 50.0%

b. Small Disadvantaged Businesses 17.0%

c. Women-Owned Small Businesses 18.0%

d. HUBZone Small Business 10.0%

e. Veteran-Owned Small Business 8.5%

f. 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.

REAL ESTATE ADVISORY

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

Section 00 22 16 - Supplementary Instructions to Proposers

SUPPLEMENTARY INSTRUCTIONS

SOLICITATION SECTIONS PERTAINING TO OFFEROR’S SUBMISSION AND EVALUATION

SECTION 00 22 16 INSTRUCTIONS

Notes

1. The Contracting Officer who signs this contract will be the principal Contracting Officer of this contract.

However, any Contracting Officer assigned to the Sacramento District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the principal Contracting Officer is unavailable.

2. Pursuant to the Miller Act, Performance and Payment Bonds shall be provided for this contract. The Notice to Proceed for the contract will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Consent of Surety will be required for changes to the price of the contract, if required. Bonds shall be provided within 10 calendar days of award of the contract.

3. Application of Davis-Bacon Act (DBA) Provisions. Current Davis-Bacon (construction) wage rates that apply to the location where the work will be performed, and is provided herein. Once the contract is awarded the wage rate will remain in force for the duration of the contract.

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

American River Common Features, Sites R7 and L7, Sacramento, California

1. OVERVIEW.

This is a "Best Value" solicitation for the construction of American River Common Features, Sites R7 and L7, 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 and more important than Factor 2. 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 equally important to Factor 4. Factor 3 and 4 is 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 may 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, with the exception of past performance, which will be evaluated as Past Performance Confidence Assessment, and Factor 5.

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

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:

IMPORTANT NOTE: These are general standards only. The Board must always consider the balance between the identified strengths, weaknesses and risks when assigning an adjectival rating. For example, if the Board identifies five strengths and three weaknesses, but considers the overall impact of the identified strengths and weaknesses to be equal in terms of their effect on the procurement, the assigned rating could be “Acceptable” if in the judgment of the Board the five strengths are offset by the three weaknesses. In another example, the Board might identify one strength and one significant weakness. The one significant weakness could outbalance the one strength, and result in a “marginal” rating. These examples are provided only to demonstrate that the assignment of an adjective rating requires considered judgment as to the significance of the strengths and weaknesses that are identified by the Board.

The adjective rating is not determined merely by “counting” the number of strengths and/or weaknesses, except that any deficiency will automatically result in an “Unacceptable” rating.

This combined technical/risk 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…