Solicitation_W91238-15-R-0002.pdf

Repair Pier 3 at Military Ocean Terminal Concord (MOTCO), California

The objective of the repairs is to maintain the current operational capability of the pier by w rapping 1537 timber piles plus an additional 218 timber piles (optional) using high density poly-ethylene (HDPE) material (or government approved equivalent). The project timeframe being provided is to honor existing consultation requirements w ith both the National Marine Fisheries and the United States Fish & Wildlife Services agencies.

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

The estimated cost range is betw een $5,000,000 and $10,000,000.

SAMANTHA E PLANK 916-557-5193

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

31-Dec-2014

(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 ________280 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Feb 2015 (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 _______90 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

US ARMY CORPS OF ENGINEERS, SACRAMENTO

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:

W91238-15-R-0002 90

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

W91238-15-R-0002

Section - Block 14 Continuation Page (SF 30)

CONTINUATION OF SF 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 Scope of Work 12 31-DEC-2014 Attachment 2 Specifications 173 31-DEC-2014 Attachment 3 Drawings 12 10-SEP-2014 Attachment 4 iWatch Army What to Do

Booklet

2 04-NOV-2014

Attachment 5 Wage Determination 60 19-DEC-2014 Attachment 6 DDESB Technical Paper

27 20-DEC-2004

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Antiterrorism Training (AT)

FFP

Antiterrorism Training (AT) FOB: Destination

NET AMT

0002 1 Job Mobilization & Demobilization

FFP

Mobilization & Demobilization

0003 1 Job MEC/UXO Construction Support

FFP

MEC/UXO Construction Support

0004 23,803 Linear

Foot

Pile Wrapping for the Main Platform

FFP

Pile wrapping for the main platform (1537 timber piles as outlined within the plans & specifications)

0005 8 Hours Work Suspension Environmental Stand-by

FFP

Work Suspension Environmental at an hourly rate. The purpose of this CLIN is to establish a FFP for an hourly Work Suspension Environmental in accordance with the Scope of Work and Specifications.

1001 2,249 Linear

Foot

OPTION Pile Wrapping for the Walkway

FFP

Option - Pile wrapping for the walkway, which includes wrapping of 218 timber piles (as outlined w/in the plans and specifications).

1002 2 Job OPTION Move-out Demobilization/Remobilization

FFP

Option - Move-out Demobilization and Remobilization. The purpose of this CLIN is to establish a FFP for a Move-out Demobilization and Remobilization event in accordance with the Scope of Work and Specifications.

1003 25 Days OPTION Work Suspension Move-Out (other costs)

FFP

Option - Work Suspension Move-Out (other costs) at a daily rate. The purpose of this CLIN is to establish a FFP for a daily Work Suspension Move-Out (other costs) in accordance with the Scope of Work and Specifications.

1004 2 Job OPTION Stand-By Demobilization/Remobilization

FFP

Option - Stand-By Demobilization and Remobilization. The purpose of this CLIN is to establish a FFP for a Stand-By Demobilization and Remobilization event in accordance with the Scope of Work and Specifications.

1005 15 Days OPTION Work Suspension Stand-By (other costs)

FFP

Option - Work Suspension Stand-By (other costs) at a daily rate. The purpose of this CLIN is to establish a FFP for a daily Work Suspension Stand-By (other costs) in accordance with the Scope of Work and Specifications.

1006 1 Job OPTION Option - MEC Removal Action

FFP

Option - MEC Removal Action. The purpose of this CLIN is to establish a FFP for a MEC Removal Action.

CLIN SCHEDULE NOTES

Contract Line Item Number (CLIN) Schedule Notes

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

2. If a modification to a price based on unit price is submitted which provides for a lump sum adjustment to the total estimated price, the applications of the lump sum adjustment to each unit price in the CLIN Schedule must be stated.

If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the CLIN Schedule.

3. The offeror shall distribute indirect costs (overhead, profit, bond, etc.) over all the items in the CLIN Schedule.

The Government will review all submitted CLIN Schedules for any unbalancing of the items. Any submitted CLIN Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

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

5. Arithmetic Discrepancies - For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the CLIN Schedule as submitted by the offeror: (a) obviously misplaced decimal points will be corrected; (b) apparent errors in addition of CLIN will be corrected.

6. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

7. The successful offeror grants the options listed in the CLIN Schedule to the Government. Option 1001 may be exercised up to sixty (60) calendar days after receipt of Notice to Proceed (NTP). Option 1002 thru Option 1006 may be exercised not later than prior to contractor’s start date of demobilization. No additional time will be added to the contract completion date when Option 1001 is exercised. The additional time it takes to perform Option 1002, 1004 and 1006 will be added to the contract completion date when Option 1002, 1004 and 1006 is exercised. The number of days exercised for the work suspension will be added to the contract completion date when Option 1003 and Option 1005 is exercised. Exercise of the option occurs upon mailing of written notice to the Contractor.

Exercise will be made by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item.

8. This project is subject to availability of funding. Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Section 00 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)

APR 2014

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

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

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from 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—Friday, 23 January 2015 at 09:00 am local time.

(c) Participants will meet at—the Visitor’s Control Center, Building IA2.

Each person attending the site visit must fill out and return the National Crime Information Center (NCIC) Form.

This form is available on www.fbo.gov solicitation no. W91238-15-R-0002. In addition, each person must provide the following information:

- Full Birth Name (including Middle Name)

- Date of Birth

- Driver’s License Number and State of Issuance.

This information is to be provided to Samantha Plank (Samantha.E.Plank@usace.army.mil) not later than 2:00pm local time on Wednesday, 14 January 2015. Failure to submit all of the required information prior to this time/date will result in non-admittance to the Base. If visitors would like to take pictures during the site walk, they must print, fill out and bring the Camera Pass form to the site walk. The Camera Pass form is also available on www.fbo.gov solicitation no. W91238-15-R-0002.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://www.fbo.gov/ mailto:Samantha.E.Plank@usace.army.mil http://www.fbo.gov/ http://farsite.hill.af.mil/

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

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

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: W91238-15-R-0002

The Bidder Inquiry Key is: FEAWSW-43W8I6

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: Samantha Plank Telephone: (916) 557-5193

E-MAIL: Samantha.E.Plank@usace.army.mil, AND Nikole.V.May@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

http://www.fedbizopps.gov/ https://www.projnet.org/projnet mailto:Nikole.V.May@usace.army.mil

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-15-R-0002

ADDRESS ENVELOPES/PACKAGES TO:

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

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

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

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

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

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

Please ensure that all courier and delivery personnel are aware of these procedures.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Section 00 22 11, Pre-award Survey). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Pre-award 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 be determined responsible in accordance with FAR 9.104-1.

The Pre-award 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://www.publications.usace.army.mil/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications. Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

FACSIMILE BIDS/OFFERS:

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

PERFORMANCE AND PAYMENT BONDS:

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

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.

System for Award Management (SAM) Registration:

It is a requirement that any and all contractors that intend to do business with the government must be registered in the System for Award Management (SAM) database. No contract may be awarded by the government to any contractor who is not registered in SAM. If your company is not registered in SAM, you must register in order to be eligible for any government award.

The following link provides access to the SAM website:

http://www.publications.usace.army.mil/ http://www.wbdg.org/ccb/ccb.php https://www.sam.gov/portal/public/SAM/

If you have difficulties with or questions regarding the SAM registration, the following link has been set up by the Defense Logistics Agency (DLA) to assist contractors registering for CAGE codes for enrollment and navigation within SAM:

https://www.logisticsinformationservice.dla.mil/CAGETier3/

--End of Section https://www.sam.gov/portal/public/SAM/ https://www.logisticsinformationservice.dla.mil/CAGETier3/

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 11

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

1. OVERVIEW.

This is a "Best Value" solicitation for the Repair Pier 3 at Military Ocean Terminal Concord (MOTCO), California.

The Contracting Officer will award a firm fixed-price contract to that responsible offeror whom the Source Selection Authority determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

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

2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and technical (“non-price”) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

All evaluation factors other than price, when combined, are approximately equal to 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

a. Price to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it reflects a clear understanding of the requirements; and is consistent with the offeror’s Technical Proposal. Additionally, all offers will be analyzed for unbalanced pricing.

b. The Price Evaluation Adjustment for Small Disadvantaged Businesses will not apply to this procurement as it is currently suspended for the Department of Defense.

c. Information required to be submitted in the Price Proposal volume in addition to the executed SF 1442 with acknowledgement of amendments and the completed CLIN schedule will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, the work breakdown structure, the offeror’s representations and certifications; the bid guarantee; and 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.

2.5. THE TECHNICAL EVALUATION FACTORS:

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below, and on how well the offeror has performed on related projects through the evaluation of the past performance information provided from references or obtained from other sources. Each of the evaluation factors will be evaluated by the Government and an adjectival rating and risk rating will be determined by consensus of the Government evaluation board for all technical factors other than past performance.

The Past Performance factor will be evaluated by the Government and a relevancy and confidence level will be determined by consensus of the Government evaluation board.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions.

Factor 1: Experience and Capability Factor 2: Technical Approach Factor 3: Past Performance

2.6 RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The following Technical Evaluation Factors are listed in descending order of importance:

Factor 1 – Experience and Capability is the most heavily weighted factor.

Factor 2 – Technical Approach is weighted less than Factor 1.

Factor 3 – Past Performance is the least heavily weighted factor

2.7. GENERAL TECHNICAL EVALUATION CRITERIA

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. A “deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. “Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance. A “significant weakness” is a proposal flaw that appreciably increases the risk of unsuccessful contract performance.

The Government cannot accept an offer with a deficiency in its technical proposal. The term “acceptable” is therefore used in this context to describe a technical proposal that does not contain a deficiency and thus could be accepted by the Government, notwithstanding any weaknesses or significant weaknesses in the proposal.

g. 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.

h. Failure of a proposed 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 that may contribute to a lower overall rating.

i. Past Performance Evaluation. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements The past performance evaluation considers each offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements.

One performance confidence assessment rating is assigned for each offeror after evaluating the offeror's recent past performance, focusing on performance that is relevant to the contract requirements.

There are two aspects to the past performance evaluation. The first is to evaluate the 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. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The Government will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

1. Past Performance Relevancy Ratings

RATING DESCRIPTION

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 Assessments - In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in the table below:

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.

j. Combined Technical/Risk Rating for other than past performance.

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.

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS.

3.1 GENERAL INSTRUCTIONS.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

Submit only the hard-copy paper documents and electronic files specifically authorized elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal. Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” paper. Use at least 1 inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, unusual font styles such as script, or condensed fonts. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;

information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Proposal Binding.

The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceeded and that pages turn freely. Do not use spring clamps, spiral binding systems, or heat binding systems.

3.1.3 Conditioning of Offer.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal volumes. Inclusion of any standard company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the offer;

see “Inquiries”, located in Section 00 21 16, for points of contact. Notwithstanding the above, the offeror must clearly describe in the proposal cover sheet submitted with the price volume any exceptions, within the offer, to the contractual and/or technical terms and conditions of the solicitation.

3.1.4 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

3.2 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSAL VOLUMES.

Each offeror must submit both a “price proposal” volume and a “technical proposal” volume. The price proposal includes the signed offer and the offeror’s proposed prices. The technical proposal includes all required information relating to the “non-price” evaluation factors. The two volumes must be submitted as separate, physically distinct volumes. Both volumes must be received at the location shown in Block 8 of Standard Form 1442, not later than the date and time specified in Block 13 of Standard Form 1442. The information in the two volumes is evaluated separately and independently. Therefore, all information intended by the offeror to be evaluated as part of the price proposal must be submitted as part of the price proposal. All information intended by the offeror to be evaluated as part of the technical proposal must be submitted as part of the technical proposal. Do not merely cross-reference similar material between the technical and price proposals. Information in the price proposal will not be considered in the technical evaluation, and vice versa.

3.2.1 Marking of Proposal Volumes.

Mark each volume as either the “Price Proposal” or the “Technical Proposal”. Additionally, mark the outside front cover of each volume with the project title and location, solicitation number, name and address of the offeror, and volume copy number. (Markings which identify the offeror are not required on either the back cover or on the spine/binding.)

3.2.2 Tabbing of Proposal Volumes.

Offers are to be formatted and tabbed in accordance with the instructions that follow for each proposal volume.

3.2.3 Table of Contents.

Include a table of contents for each proposal volume.

4 PRICE PROPOSAL VOLUME.

4.1 NUMBER OF SETS OF THE PRICE PROPOSAL.

Submit the original (no copies) of the price proposal volume.

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

Use only 8-1/2” x 11” pages. There are no page limits for the price proposal; however, limit responses to required information. Excess information will not be evaluated. Organize your price proposal as indicated below. If a tab is not applicable to your proposal, omit that tab but do not renumber the subsequent tabs.

PRICE PROPOSAL VOLUME

TAB CONTENTS OF THE PRICE PROPOSAL

1 Proposal Cover Sheet

2 SF 1442; Acknowledgement of Amendments; Joint Venture Agreement

3 CLIN Schedule

4 Work Breakdown Structure

5 Representations and Certifications

6 Bid Guarantee

7 Pre-Award Survey Information

4.3 DETAILED SUBMISSION REQUIREMENTS FOR THE PRICE PROPOSAL.

Tab 1 of the Price Proposal: Proposal Cover Sheet.

The proposal cover sheet is required by FAR 52.215-1 (c)(2). This provision, titled “Instructions to Offerors – Competitive Acquisition” is provided in full text in Section 00 21 00. The format and content for the proposal cover sheet follows:

PROPOSAL COVER SHEET

1. Solicitation Number:

2. The name, address, DUNS number, and telephone and facsimile numbers of the offeror.

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

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

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

(End of Proposal Cover Sheet)

Tab 2 of the Price Proposal: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement.

The Standard Form (SF) 1442 must be completed by the offeror and duly executed with an original signature by the official(s) identified in the proposal cover sheet as authorized to bind the offeror in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the offeror’s DUNS number in block 14 of the SF 1442, along with the offeror’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 30, Amendment. If the offeror is a Joint Venture (JV), include a copy of the JV agreement and indicate its status. (Note: It is preferred, but not required, that you use a document protector in lieu of punching holes in the original SF 1442.)

Tab 3 of the Price Proposal: CLIN Schedule.

Submit the completed CLIN Schedule with the offeror’s proposed contract prices inserted in the appropriate spaces.

Prices must be proposed for all contract line items. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission. Any qualification of pricing may render the proposal unacceptable and therefore not eligible for award. (Note: It is preferred, but not required, that you use a document protector in lieu of punching holes in the completed “original” CLIN schedule.)

Tab 4 of the Price Proposal: Work Breakdown Structure.

Submit a Work Breakdown Structure of the offeror’s proposed contract prices for each CLIN using the format below, in accordance with Unified Facilities Criteria (UFC) 3-740-05. The contractor shall submit the following breakdown within two (2) business days after the offer due date; this breakdown will support the proposed price at the time of the offer due date. No change in price will be accepted. This shall be submitted via EMAIL to Samantha.E.Plank@usace.army.mil and Nikole.V.May@usace.army.mil . The subject line should read “W91238- 15-R-0002, Work Breakdown Structure”.

mailto:Nikole.V.May@usace.army.mil

01 SUBSTRUCTURE 11 ELECTRIC POWER AND LIGHTING

02 SUPERSTRUCTURE 12 ELECTRICAL SYSTEMS

03 EXTERIOR CLOSURE 13 EQUIPMENT

04 ROOFING 14 FURNISHINGS

05 INTERIOR CONSTRUCTION 15 SPECIAL CONSTRUCTION

06 INTERIOR FINISHES 16 SELECTIVE BUILDING DEMOLITION

07 CONVEYING SYSTEMS 17 SITE PREPARATION

08 PLUMBING 18 SITE IMPROVEMENTS

09 HVAC M2 19 SITE CIVIL/MECHANICAL UTILITIES

10 FIRE PROTECTION SYSTEMS 20 SITE ELECTRICAL UTILITIES

Tab 5 of the Price Proposal: Representations and Certifications.

The offeror must have electronically completed the annual representations and certifications on the System for Award Management (SAM) website in accordance with FAR 52.204-8. The offeror is responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete. Additionally, the offeror must also complete and return the “Representations, Certifications, and Other Statements of Offerors” included in Section 00 45 00 of the solicitation.

If the offeror is a Joint Venture, all participants must separately complete annual representations and certifications and Section 00 45 00.

Tab 6 of the Price Proposal: Bid Guarantee.

All offerors must submit a bid guarantee (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.

Tab 7…