W91238-17-R-0008.pdf

Marysville Ring Levee (MRL) Project in Marysville, CA - The contractor shall furnish everything necessary including but not limited to all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform this project. This w ork includes but is not limited to: provide a seepage cutoff w all, construct the levee crow n and slope, remove stone and concrete rubble, provide erosion control measures and seed the levee, provide suitable borrow material, and temporarily remove and reconstruct the upper portion of a bike trail, and all other w ork necessary to make the project complete and usable. Prime contractor shall self-perform 100 percent of the cutoff w all effort.

In accordance w ith FAR 36.204(f): The Magnitude of Disclosure for Construction Projects is betw een $1,000,000 and 5,000,000.

This solicitation is proceeding as 100% Small Business set-aside acquisition.

LEQUITA Y BYRD-CRAIG 916-557-6932

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-May-2017

(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 ________377 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 __________5 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Jun 2017 (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

03:00 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:

W91238-17-R-0008 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

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Site Visit Information 1 28-FEB-2017 Attachment 3 As-Built_PROP_116 Bike

Lane Project

3 28-FEB-2017

Attachment 5 Phase 2A-North_Model Version

175 28-FEB-2017

Attachment 6 YU-04-0061- MRL_Ph_2A_ANSI_D_ Drawings_19APR17

33 19-APR-2017

Attachment 7 MRL Phase 2A Pricing Schedule 26MAY17

7 26-MAY-2017

Attachment 8 Project Specifications

1811 25MAY17

944 25-MAY-2017

Section 00 10 00 - Solicitation

NOTE: ESTIMATED QUANTITIES

All Contract Line Item Numbers (CLINs) identified in clause UAI 52.211-5001 Variations in Estimated Quantities, Subdivided Items (Mar 1995) are estimated quantities. Therefore, the clause found at FAR 52.211-18, Variation in Estimated Quantities (contained herein by reference) applies.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to perform all work in accordance with the drawings and specifications of the RFP.

FOB: Destination

NET AMT

0002 1 Job Protect Utilities In-Place

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0003 1 Job Temporary Safety Fence

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0004 1 Job Demolition

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0005 1 Job Clearing & Grubbing

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0006 19,100 Square

Yard

Stripping

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0007 200 Cubic

AC/AB Demolition

Contractor shall furnish all plant, labor, and material equipment, necessary to

Stone Revetment/Concrete Rubble Removal

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0008AA 1,700 Ton (2,000

LB)

0 to 1,700

Contractor shall furnish all plant, labor, and material equipment, necessary to

0008AB 1,000 Ton (2,000

1701 & Over

Contractor shall furnish all plant, labor, and material equipment, necessary to

0009 38,500 Cubic

Excavation

Contractor shall furnish all plant, labor, and material equipment, necessary to

0010 44,380 Square

Foot

Slag-Cement-Bentonite Cutoff Wall

Contractor shall furnish all plant, labor, and material equipment, necessary to

0013 6,200 Cubic

Impervious Levee Fill From Excavation

Contractor shall furnish all plant, labor, and material equipment, necessary to

0014 22,600 Cubic

Imported Impervious Levee Fill

Contractor shall furnish all plant, labor, and material equipment, necessary to

0015 179,000 Cubic

General Levee Fill

Contractor shall furnish all plant, labor, and material equipment, necessary to

0016 225 Linear

Concrete Wall Footing

Contractor shall furnish all plant, labor, and material equipment, necessary to

0017 1,950 Square

Geotextile Filter Fabric

Contractor shall furnish all plant, labor, and material equipment, necessary to

0018 70 Ton (2,000

Drainage Material

Contractor shall furnish all plant, labor, and material equipment, necessary to

0019 330 Linear

Subdrainage Pipe

Contractor shall furnish all plant, labor, and material equipment, necessary to

0020 1 Job Subdrainage Cleanouts

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0021 2,750 Pound Safety Railing

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0022 640 Ton (2,000

Aggregate Base Course (AB)

Contractor shall furnish all plant, labor, and material equipment, necessary to

0023 70 Ton (2,000

Bituminous Concrete Pavement

Contractor shall furnish all plant, labor, and material equipment, necessary to

0024 1 Job Pipe Gates

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0025 6.20 Acre Grass Seeding / Erosion Cntrl

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0026 Job Pavement Marking on Bike Trail

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0027 1 Job Storm Water Pollution Prevention Plan

FFP

Storm Water Pollution Prevention Plan (SWPPP) Design Development and Implementation

Contractor shall furnish all plant, labor, and material equipment, necessary to

0028 1 Job Pre And Post-Project Surveys

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0029 1 Job Temporary Traffic Control

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0030 130 Linear

AC DIKE

Contractor shall furnish all plant, labor, and material equipment, necessary to

0031 19,800 Ton (2,000

Haul Off Excess Excavated Material

Contractor shall furnish all plant, labor, and material equipment, necessary to

0032 1,090 Ton (2,000

Waste of Excavated Material

Contractor shall furnish all plant, labor, and material equipment, necessary to

0033 1 Job Surface Deformation Monitoring

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0034 590 Cubic

AC/AB Demolition in Staging Area 1

Contractor shall furnish all plant, labor, and material equipment, necessary to

0035 300 Ton (2,000

Bituminous Concrete Pavement For Staging

Bituminous Concrete Pavement For Staging Area 1 Restoration

Contractor shall furnish all plant, labor, and material equipment, necessary to

0036 860 Ton (2,000

Aggregate Base Course

Aggregate Base Course for Staging Area 1 Restoration

Contractor shall furnish all plant, labor, and material equipment, necessary to

0037 420 Linear

Bituminous Pavement Patching

Bituminous Pavement Patching for Staging Area 3

Contractor shall furnish all plant, labor, and material equipment, necessary to

0038 420 Square

Leveling for Staging Area 2

Contractor shall furnish all plant, labor, and material equipment, necessary to

0039 17,100 Square

OPTION Imported Top Soil

The contractor shall be paid for at the contract unit price for item imported topsoil.

This price must constitute full compensation for all equipment, labor, materials and incidentals necessary to complete the work as specified in Section 31 00 00 of the Specifications. Such price must also include all costs associated with dust control of placing materials, loading, unloading and transportation.

This option item allows the Government the unilateral right to require the contractor to perform in accordance with this requirement. The Contractor shall immediately perform upon receipt of the Government's written notice to perform, and topsoil placement on the levee slope shall be completed by October 31, 2018.

0040 30 Days OPTION Construction Standby

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to perform all work in accordance with the drawings and specifications of the RFP.

This option item allows the Government the unilateral right to require the contractor to standby at the daily rate proposed for a period of time as the Government determines is necessary, in each instance, for up to a total period of time not toexceed thirty (30) calendar days, which days may be non-consecutive.

Upon receipt of the Government's written notice(s) to standby, the Contractor shall immediately standby until otherwise directed by the Government, and all construction shall be completed by October 31, 2018.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 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 52.215-6 Place of Performance OCT 1997 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.222-26 Equal Opportunity SEP 2016 52.225-9 Buy American--Construction Materials MAY 2014 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5 Authorized Deviations In Provisions APR 1984 252.215-7008 Only One Offer OCT 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

16.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is California, Yuba County, City of Marysville.

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address] http://www.sec.gov/answers/nrsro.htm

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. ___ _(for reference only)

TO: [ ___ U.S. Government agency]

[ ___ U.S. Government agency's address]

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

(End of clause)

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, Suite 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 9 June 2017 at 10:00 AM Pacific Time

(c) Participants will meet at--

Marysville Boat Launch parking lot, Marysville, CA Use Bizz Johnson obtain access from F Street There is no physical address location Latitude: 39.138932°Longitude: -121.601543°

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/

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 Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,

DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

(Insert complete address) http://farsite.hill.af.mil/

Section 00 21 16 - Instructions to Proposers

SPECIAL NOTICE

Issuance of Solicitation for the construction of Phase 2A North for the Marysville Ring Levee (MRL) project with potential for additional Section 106 Cooridnation/Consultation.

Recent information on the potential for additional historic properties in the project area not previously identified have been provided to the Corps of Engineers by the United Auburn Indian Community. Additionally, in some locations, the area of potential effects in the 2010 NHPA consultation have changed. These changes have resulted additional consideration of potential adverse effects to historic properties as a result of the federal undertaking which must occur prior to project construction.

Due to the importance of the MRL project to the City of Marysville, and in light of this new information, it is preferred that the solicitation for the construction of Phase 2A North occur simultaneously with the Corps’ cultural resource investigation. Notwithstanding, the Government reserves the right to cancel this solicitation in the event additional Section 106 consultation and/or supplemental environmental documentation is necessary.

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The following documents must be returned with your offer.

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

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

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

--The completed CLIN Schedule with your proposed contract line item prices inserted in the appropriate spaces.

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

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

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

INQUIRIES:

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

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

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

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

http://www.fedbizopps.gov/ https://www.projnet.org/projnet

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 : W91238-17-R-0008

The Bidder Inquiry Key is: NM86VB-3E8YE3

c. The Bidder Inquiry System will be unavailable for new inquiries 15 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: Lequita Byrd-Craig Telephone: (916) 557-6932 E-MAIL: Lequita.Y.Byrd-Craig@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-17-R-0008

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division, Lequita Byrd-Craig 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. All offers are required to be scanned by the xray machine and remind offerors to plan accordingly.

mailto:Lequita.Y.Byrd-Craig@usace.army.mil

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.

ELECTRONIC MAIL / FACSIMILE OFFERS:

Electronic Mail (Email) and Facsimile offers will not be accepted.

Oral Presentations: Oral presentations will not be utilized.

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 00, Preaward Survey Information). 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.

Determination of Contractor Responsibility will be completed in accordance with FAR 9.104-1.

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 FAR 9.104-1) 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 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

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:

http://www.publications.usace.army.mil/ http://www.wbdg.org/ccb/ccb.php

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. 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:

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/ https://www.sam.gov/portal/public/SAM/ https://www.logisticsinformationservice.dla.mil/CAGETier3/

Section 00 22 00 - Supplementary Instructions

SUPPLEMENTARY INSTRUCTIONS

1. OVERVIEW.

This action is a "Best Value Tradeoff Method" solicitation for the construction improvements to the Marysville Ring Levee (MRL) Phase 2A North in Marysville, California. The Contracting Officer will award to those responsible offerors whom the Source Selection Authority determines 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.

Proposals to include options are intended to be evaluated, and award made, without discussions with the offerors (other than discussion conducted for the purpose of minor clarifications, unless discussions are determined to be necessary

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 tradeoff 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 price offer and other than the highest technically rated proposal to achieve a best-value contract award. 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 cost or price, when combined, are [insert as applicable] important than cost or price. The Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price). 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 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 pricing schedule will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, 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.

Technical Proposal

(1) Factor 1: Experience and Capability

(2) Factor 2: Technical and Management Approach

(3) Factor 3: Past Performance

2.6 RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The Technical Evaluation Factors are listed below in descending order of importance, as follows:

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 weighted less than Factor 2.

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. In addition, mistakes and errors will also be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements, more than a nominal number of mistakes/errors, or individual mistakes/errors that are egregious may be seen as indicative of the type of problems that could be expected during contract performance. Lack of conformance may therefore result in a higher risk assessment, in addition to any other impacts on the evaluation.