17-R-0065_Amend_003_Conform.docx

W9123817R0065

W9123817R0065

Section 00 00 00 - Procurement and Contracting Requirements

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.

FUNDING

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available. Please note: award is currently expected July 2018.

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

Section 00 10 00 - Solicitation

Project Mobilization and Demobilization

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Initial Project Mobilization and Final Project Demobilization, as defined in Section 00 70 00, Clause 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION, and in accordance with this contract and all attachments.

FOB: Destination

NET AMT

MEC Construction Support

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform MEC Construction Support operations required to discover and identify MEC in the Terrestrial Explosion Area MRS and provide MEC Construction Support in both the Water Explosion Area MRS and Terrestrial Explosion Area MRS when intrusive construction activities are performed under Base Bid items as described in the contract documents, which includes required MEC coordination and reporting. If a MEC item is discovered by the Contractor's operation and MEC avoidance is not an acceptable construction option, then a MEC response action consisting of either removal and disposal, or blast-in-place will be ordered by the Contracting Officer and paid for under the respective CLIN item in accordance with this contract and all attachments.

NET AMT

Demolition and Deconstruction

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Demolition and Deconstruction operations to remove existing Pier 2 as described in the contract documents, which comprises all demolition and deconstruction work not paid under another CLIN item and includes removal and disposal of hazardous materials prior to demolition/deconstruction, salvage of the fender and security system components and navigation warning signs for reuse by the contractor on this project, salvage of pier supported railroad rails with delivery to the Government at the specified MOTCO location, and removal of all debris for recycling or disposal in accordance with this contract and all attachments.

NET AMT

Site Civil Work

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Site Civil Work necessary to replace/upgrade Pier 2 as described in the contract documents for base bid items, which includes the new West Trestle approach, wick drains, staged surcharge fill construction and monitoring, Pier 2 parking lot improvements including seismic instrumentation ground station and electrical substation concrete pads, White Road pavement section removal and reconstruction from station 18+90 to 25+42, and for the Base Bid reach of White Road: demolition, salvage of onshore railroad rails with delivery to the government at the specified MOTCO location, removal of the demolished trestle approach fills, drainage improvements, clearing and grading for habitat restoration planting, the shoreline protection system, and bollards, striping and signage in accordance with this contract and all attachments.

NET AMT

Site Mechanical Work

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Site Mechanical Work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes onshore firewater, potable water, sanitary sewerage systems, all with connection to the respective MOTCO systems, and the work on these systems required during the West Trestle approach fill construction to maintain or restore uninterruptible utility service in accordance with this contract and all attachments.

NET AMT

Site Electrical Work

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Site Electrical Work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes Pier 2 substation, White Road lighting, onshore electrical, communications, security, fire alarm, and lighting systems, all with connection to the respective MOTCO systems, and the work on these systems required during the West Trestle approach fill construction to maintain or restore uninterruptible utility service, spare conduits and the seismic instrumentation ground station in accordance with this contract and all attachments.

NET AMT

Pier West Trestle Deck Structure

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier West Trestle Deck Structure work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pile caps, precast prestressed slab beams, cast-in-place concrete topping, abutment, safety railings, structural provision for utilities, storm water system, striping and signage in accordance with this contract and all attachments.

NET AMT

Pier Main Platform Deck Structure

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier Main Platform Deck Structure work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes cast-in-place concrete deck, container crane and mooring appurtenances, fender system with new piles as needed, seismic joint cover system at the east and west trestle interfaces, safety railings, structural provision for utilities, storm water system, aids to navigation, striping and signage in accordance with this contract and all attachments.

NET AMT

Pier East Trestle Repairs/Main Platform

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier East Trestle Structure work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes deck demolition and reconstruction for the Trestle/Main Platform transition ramp, and repair of concrete spalls, cracks and expansion joints, selective demolition of existing utilities and structural provision for new utilities along the entire East Trestle in accordance with this contract and all attachments.

NET AMT

Pier Mechanical Work

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier Mechanical Work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pier main platform, west trestle and east trestle firewater, potable water and sewerage systems, all with connection to the respective onshore systems at the East and West Trestles; except therefrom the building interior mechanical systems paid under the Pier Operations Building CLIN item in accordance with this contract and all attachments.

NET AMT

Pier Electrical Work

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier Electrical Work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pier main platform, west trestle and east trestle electrical, communications, security, fire alarm, lightning protection, grounding, and lighting systems, all with connection to the respective onshore systems at the East and West Trestles, and the main platform seismic instrumentation; except therefrom the building interior electrical systems paid under the Pier Operations Building CLIN item in accordance with this contract and all attachments.

NET AMT

Pier Operations Building

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier Operations Building work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes architectural, structural, and building interior mechanical, electrical, plumbing, communications, security, and seismic instrumentation systems, all with connection to the respective Pier 2 systems, and building interior furnishing and signage in accordance with this contract and all attachments.

NET AMT

Furnish Test Piles

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Furnish Test Piles consisting of fabricate, deliver and store at the work site the required lengths of prestressed concrete test piles necessary to replace/upgrade Pier 2 as described in the contract documents, which includes accessory items required to facilitate the test pile driving program in accordance with this contract and all attachments.

NET AMT

Furnish Octagonal Production Piles

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Furnish Octagonal Production Piles consisting of fabricate, deliver and store at the work site the required lengths of prestressed concrete production piles necessary to replace/upgrade Pier 2 as described in the contract documents, which includes accessory items required to facilitate pile driving in accordance with this contract and all attachments.

NET AMT

Install Test Piles

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Installing Test Piles consisting of remove from storage and drive the required lengths of prestressed concrete test pile necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pile dynamic tests, data analysis, pile driving records, report submittal, redrive if required to meet specified driving criteria, pile cut-off or pile buildup if required to obtain specified cut-off elevation for the permanent work, in order to install test piles to the specified driving criteria, within specified driving tolerances in accordance with this contract and all attachments.

NET AMT

Install Octagonal Production Piles

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Installing Octagonal Production Piles consisting of remove from storage and drive the required lengths of prestressed concrete production pile necessary to replace/upgrade Pier 2 as described in the Contract Documents, which includes pile driving records, pile cut-off or pile buildup if required to obtain specified cut-off elevation, in order to install production piles to the specified driving criteria within specified driving tolerances in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform IPayment will be made for costs associated with Pier East Trestle Pavement Renewal work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes AC surface removal for recycling or disposal, salvage of railroad rails with delivery to the Government at the specified MOTCO location, repair of trestle expansion joints, and new AC surfacing with striping and signage. Contractor shall perform all work under this CLIN in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pier East Trestle Strengthening work necessary to replace/upgrade Pier 2 as described in the contract documents, which includes reinforcing the existing deck with FRP systems and reinforced concrete infill beams in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform White Road 'West' Reconstruction necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pavement section removal and reconstruction from Station 11+95 to 18+90, and for the Bid Option 3 reach of White Road: demolition, salvage of railroad rails with delivery for storage at the specified MOTCO location, removal of the demolished trestle approach fills, the Port Chicago Naval Magazine National Memorial Shoreline Protection System and Pathway, striping and signage, and MEC Construction Support for intrusive construction activities under this item in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform East Approach Roadway Reconstruction (vicinity White Road station 37+00) necessary to replace/upgrade Pier 2 as described in the contract documents, which includes pavement section removal and reconstruction, salvage of railroad rails with delivery for storage at the specified MOTCO location, and bollards, striping and signage, and MEC Construction Support for intrusive construction activities under this item in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Production Pile Dynamic Tests ordered by the Contracting Officer consisting of dynamic test measurements, data analysis and report submittal necessary to replace/upgrade Pier 2 as described in the Contract Documents, which includes items incidental to the tests in order to confirm successful production pile installation in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Production Pile Redrive ordered by the Contracting officer consisting of redrive for a production pile that has been installed to the specified tip elevation, and whose installation has been interrupted to allow "set up" in order to achieve specified driving resistance, which includes items incidental to the redrive procedure in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pile Spudding (or Predrilling) ordered by the Contracting Officer consisting of spudding (or predrilling) to facilitate installation of a test or production pile that has encountered an obstruction during initial installation and cannot be readily relocated or otherwise installed without spudding (or predrilling) the obstruction, and includes removal and redriving of the pile and items incidental to the spudding (or predrilling) procedure in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform MEC Removal and Disposal, in accordance with Specification section 01 35 00, MEC CONSTRUCTION SUPPORT OPERATIONS, Part 3, Execution, as directed by the Contracting Officer consisting of remove and dispose of the MEC item discovered by the Contractor as a result of the MEC construction support operations conducted under another CLIN item, and includes associated work delays and any other work incidental to the removal and disposal procedure in accordance with this contract and all attachments.

See Specification 01 22 00, Measurement and Payment, Paragraph 1.4.4.2, Measurement for the "unit" definition.

Contractor shall provide a price-breakdown structure that includes, but is not limited to, all labor categories, hours, material, equipment, transportation, travel, and per diem.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform MEC Blast-in-Place, in accordance with Specification section 01 35 00, MEC CONSTRUCTION SUPPORT OPERATIONS, Part 3, Execution, as directed by the Contracting Officer consisting of destruction of a MEC item in situ discovered by the Contractor as a result of the MEC construction support operation conducted under another CLIN item and deemed unacceptable to move, and includes move out, move in and standby costs for Contractor equipment and personnel required to conduct the Blast-in-Place procedure and any other work incidental to the procedure in accordance with this contract and all attachments.

See Specification 01 22 00, Measurement and Payment, Paragraph 1.4.5.2, Measurement for the unit of measure definition.

Contractor shall provide a price-breakdown structure that includes, but is not limited to, all labor categories, hours, material, equipment, transportation, travel, and per diem.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Pruitt Road Rail Crossing Line and Surface Track ordered by the Contracting Officer consisting of concrete crossing removal, line and surface track, crossing reinstallation, and approach pavement repair in accordance with this contract and all attachments.

NET AMT

FFP

This CLIN includes all labor, material, equipment, transportation and incidental effort to perform Roadway and Utility Subgrade Overexcavation and Replacement with engineered fill ordered by the Contracting Officer consisting of removing and disposing of soft soils below the design neat lines shown on the plans and furnishing, compacting engineered fill in its place, and MEC Construction Support for intrusive construction activities under this item in accordance with this contract and all attachments.

NET AMT

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,449.83 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: Work-Breakdown Structure as defined in Section 00 22 00.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price, Design-Bid-Build, Construction contract resulting from this solicitation.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3 million whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

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

52.252-1 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/

52.252-5 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.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

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

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

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:

See Table of Contents (Insert complete address)

252.215-7008 ONLY ONE OFFER (OCT 2013)

(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that--

(1) Only one offer was received; and

(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).

(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:

(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).

(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. 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; or

(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.

(3) 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.

(4) 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:

(i) The Offeror shall prepare and submit 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, unless the Contracting Officer and the Offeror agree to a different format.

(ii) 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.

(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(d) If negotiations are conducted, the negotiated price should not exceed the offered price.

252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016)

(a) This provision implements 10 U.S.C. 2419.

(b) The Offeror acknowledges by submission of its offer that by acceptance of the contract resulting from this olicitation, the Offeror may exceed the applicable small business size standard of the North American Industry Classification System (NAICS) code assigned to the contract and would no longer qualify as a small business concern for that NAICS code. (Small business size standards matched to industry NAICS codes are published by the Small Business Administration and are available at http://www.sba.gov/content/table-small-business-size-standards.) The Offeror is therefore encouraged to develop the capabilities and characteristics typically desired in contractors that are competitive as other-than-small contractors in this industry.

(c) For procurement technical assistance, the Offeror may contact the nearest Procurement Technical Assistance Center (PTAC). PTAC locations are available at http://www.dla.mil/HQ/SmallBusiness/PTAC.aspx.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

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 : W9123817R0065 The Bidder Inquiry Key is: 6HMFK6-35999A

c. The Bidder Inquiry System will be available for new inquiries shortly after the issuance of the Phase-I solicitation up until the end of day on 10 Oct 2017 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: Daniel Czech Telephone: (916) 557-7012

E-MAIL: Daniel.E.Czech@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

Solicitation No. W9123817R0065

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division, Daniel Czech 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 00, Preaward Survey). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Preaward Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

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 Preaward Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents. DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

a. The internet URL for Corps of Engineers publications is:

http://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

PREPARATION OF SUBCONTRACTING PLAN:

1. See FAR 52.219-9 (DEVIATION 2016-O0009), Section 00 70 00, of this solicitation. Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1,500,000; they are not required from small business firms regardless of the contract price.

1. For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD.

1. Contact Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(d) Offerors are to propose their own small business goals (see the Small Business Participation Factor in Section 00 22 00, pargraph 5.3.5:

The goals are calculated as a percentage of the THE TOTAL CONTRACT AMOUNT.

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.

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/

—End Section—

Section 00 22 00 - Supplementary Instructions

SUPPLEMENTARY INSTRUCTIONS

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS, BASIS OF AWARD, AND EVALUATION CRITERIA

1. OVERVIEW.

This is a "Best Value" solicitation for the replacement/upgrade of Pier 2 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.…