W91238-18-R-0038_RFP.pdf

Project Title: Military Ocean Terminal Concord (MOTCO) Pier 3 Repairs

Contractor shall provide construction services to include all labor, management, tools, equipment, materials, transportation, and supervision to construct a complete and usable project in strict accordance w ith the attached statement of w ork, specif ication, draw ings, and other attachments.

The Contractor shall be responsible for all costs related to Pier 3 repairs at Military Ocean Terminal Concord.

Repairs include but are not limited to w rapping piles underw ater w hile being sensitive to the environment and aw are of potential existence of MEC/UXO (w ill need to complete MEC/UXO clearance prior to w rapping piles).

Contract shall comply w ith current antiterrorism/ force protection standards. All w ork w ill be coordinated w ith the Contracting Officer’s Representative and Field Office Management.

In accordance w ith DFARS 236.204(I) the magnitude of this construction project is betw een $10,000,000 and $25,000,000.

This acquisition is being procured as an unrestricted full and open competition w ith no socio-economic set-aside.

KENLEY LOTT 916-557-5326

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

13-Jul-2018

(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 ________210 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Aug 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (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:

W9123818R0038 73

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 00 00 - Procurement and Contracting Requirements

CONTINUATION OF SF 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST

COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER

IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME

FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE

OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS

THE AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE

SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL DOING

BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND

THE PRINCIPAL.

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1 - SOW 3 06-JUL-2018 Attachment 2 Attachment 2 -

Supplemental Contract Requirements

1 06-JUL-2018

Attachment 3 Attachment 3 - Wage Determinations

79 06-JUL-2018

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Phase II Pile Wrapping

FFP

Mob/Demob, UXO/MEC Survey And Controls, and Pile Wrapping (Partial Pile Quantity) *Refer to Attachment 4 – Pile Wrapping Matrix & Appendix 2, Phase II Drawing Set.

FOB: Destination

NET AMT

1001 1 Each OPTION Government-Caused Delay of Construction

FFP

Demobilizations and re-mobilization during stand down (NTE 10 working days in duration)

1002 2 Each OPTION Government-Caused Delay of Construction

FFP

Demobilizations and re-mobilization during stand down (11 to 45 working days in duration).

1003 1 Job OPTION Phase II Pile Wrapping

FFP

(Partial Pile Quantity) *Refer to Attachment 4 – Pile Wrapping Matrix & Appendix 2, Phase II Drawing Set

1004 1 Job OPTION Phase III Deck Repair

FFP

*Refer to Appendix 2, Phase III Drawing Set

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 210 dys. ANP 1 MOTCO RESIDENT OFFICE

DAVID FRANZEN

410 NORMAN AVENUE, BLDG 901

CONCORD CA 94520

925-246-4186

W91238

1001 210 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1002 210 dys. ANP 2 (SAME AS PREVIOUS LOCATION)

1003 270 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

1004 300 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

CLIN SCHEDULE NOTES

Contract Line Item Number (CLIN) Schedule Notes

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

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

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

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

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

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

6. Exercise of options. The options may be exercised at any time before the start date of final demobilization after project completion. Options 1001 and 1002 may be exercised multiple times at the discretion of the Government. If one or more of Options 1001 or 1002 are exercised, the actual number of days of work suspension will be added to the contract’s period of performance upon completion of the option period. If Option 1003 is exercised, the period of performance will be extended by 60 days. If Option 1004 is exercised, the period of performance will be extended by 30 days. Exercise of each option will be made by the Contracting Officer in writing. The price for exercise of each option includes all work and effort associated with the activities required.

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

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.215-16 Facilities Capital Cost of Money JUN 2003 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

52.236-28 Preparation of Proposals--Construction OCT 1997 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

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 $2,140.00 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 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.

52.222-5 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 $3,000,000.00, 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 on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

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

1325 J Street Sacramento, 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

An organized site visit has been scheduled for 19 July at 0900. All participants shall meet at 5110 Port Chicago Hwy, Concord, CA 94520. Participants must submit required access requirement forms no later than 16 July at 10:00 to Jaime.S.Middlebrooks@usace.army.mil with a courtesy copy to Kenley.Lott@usace.army.mil.

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 mailto:Jaime.S.Middlebrooks@usace.army.mil mailto:Kenley.Lott@usace.army.mil 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.

http://farsite.hill.af.mil/ http://dx.doi.org/10.6028/NIST.SP.800-171

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

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.

http://www.sba.gov/content/table-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards http://www.dla.mil/HQ/SmallBusiness/PTAC.aspx

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

INQUIRIES:

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

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

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

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

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

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

4. The Solicitation Number is: W91238-18-R-0038

The Bidder Inquiry Key is: QUUH96-SXNAAP

c. The Bidder Inquiry System will be unavailable for new inquiries at COB on 23 July 2018, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. The bidder’s inquiry will reopen upon the issuance of a forthcoming amendment, which will include revised specifications.

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: Kenley Lott Telephone: (916) 557-5326

E-MAIL: Kenley.Lott@usace.army.mil AND Tracy.N.Tenholder@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

http://www.fedbizopps.gov/ https://www.projnet.org/projnet mailto:Tracy.N.Tenholder@usace.army.mil

Solicitation No. W91238-18-R-0038

ADDRESS ENVELOPES/PACKAGES TO:

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

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

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

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

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

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

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

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Section 00 22 11, Pre-award Survey). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Pre-award Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

In order to be determined to be responsible a prospective contractor must be determined responsible in accordance with FAR 9.104-1.

The Pre-award Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents.

DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

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

http://www.publications.usace.army.mil/ http://www.publications.usace.army.mil/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications.

Information about the CCB can be obtained from:

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

FACSIMILE BIDS/OFFERS:

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

PERFORMANCE AND PAYMENT BONDS:

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

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

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

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

ACCEPTANCE OF OFFERS:

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

System for Award Management (SAM) Registration:

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

The following link provides access to the SAM website:

https://www.sam.gov/portal/public/SAM/

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

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

--End of Section http://www.wbdg.org/ccb/ccb.php https://www.sam.gov/portal/public/SAM/ https://www.logisticsinformationservice.dla.mil/CAGETier3/

Section 00 22 00 - Supplementary Instructions

INSTRUCTIONS

SOLICITATION SECTIONS PERTAINING TO OFFEROR’S SUBMISSION AND EVALUATION

PROPOSAL BASIS OF AWARD

GENERAL SUBMISSION REQUIREMENTS AND

INSTRUCTIONS, EVALUATIONS, AND

CONTRACT AWARD

A. Basis for Award

AWARD SELECTION CRITERIA:

1. Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness, responsibility, technical acceptability, and fair and reasonable pricing.

2. The Source Selection Authority, independently exercising prudent business judgment, will determine which Offeror, if any, will receive the contract award. Award will be made to that Offeror whose proposal is technically acceptable and has the lowest price that is determined fair and reasonable.

3. The Government reserves the right to reject any and all offers.

4. Offerors are reminded to include their best technical and price terms in their initial offer and not to assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer.

B. Order of Review

Lowest Priced Technically Acceptable (LPTA) Evaluation Process

1. Evaluation of technical proposals: The Source Selection Authority will give all proposals to the Source Selection Evaluation Board (SSEB). Although each offeror's price proposal will not be revealed to members of the SSEB, the Board will review technical proposals in ascending order of the value of each offerors' price proposal.

Accordingly, the Board will first consider the technical proposal of the lowest-priced offeror. If the proposal is found acceptable as to all evaluation factors, no further technical offers will be reviewed and the lowest-priced offeror’s price proposal will next be evaluated. If, on the other hand, the lowest-priced offeror's technical proposal is not found acceptable for any factor, the Board will set aside that technical proposal and will review the next lowest-priced offeror's technical proposal. This process will continue until the Government finds a technical proposal that is fully acceptable for each evaluation factor.

2. Evaluation of price proposal: Next, the price proposal of the first offeror whose technical proposal is found to be acceptable for each evaluation factor (as explained in Step 1, above) will be analyzed for price reasonableness, for balanced pricing, and for evidence that its offeror possesses a clear understanding of project requirements. If the evaluators find the price proposal to be reasonable, balanced, and reflective of an adequate understanding of project requirements, then its offeror will be recommended as the prospective contract awardee.

3. While the Government’s intent is to award without discussions, any debriefing of an offeror whose proposal was reviewed but not selected for contract award will be limited to an explanation of the deficiencies that prevented the Government from finding the proposal acceptable as to all factors contained in this solicitation.

4. No debriefing can be provided to offerors whose proposals were not evaluated by the Government.

STANDARDS OF REVIEW

1. Technical proposals will be evaluated consistent with the uniform evaluation procedures set forth in this section of the solicitation. The SSEB will conduct an in-depth review of each proposal against the factors established in the solicitation as follows:

a. All proposals received will be subject to an initial screening by the Contracting Officer to determine compliance with the instructions set forth herein and responsiveness to their terms and conditions.

b. NOTE: For purposes of evaluating Experience and Past Performance, the Offeror is defined as the firm identified in Block 14 of the Standard Form 1442. If more than one firm is listed in Block 14, then a signed Joint Venture/partnership agreement must be submitted with the proposal and the Joint Venture/partnership shall be registered as such in the System for Award Management (SAM) database. However, each party of the Joint Venture/partnership must submit its own DUNS number with the JV/partnership proposal. Submitted projects performed by entities than the Offeror, such as teaming joint-venture or partners or subcontractors, will not be evaluated for Offeror experience or Offeror past performance, unless those other entities are part of a Joint Venture/partnership, as demonstrated by a signed JV/partnership agreement. Also, cited project examples must identify the Offeror’s role in the project if the Offeror was not the prime contractor – i.e., if it was acting as a subcontractor at any tier.

c. For purposes of this RFP, an “Offeror” may include a group of two or more entities that have formed a “contractor team arrangement,” as that term is defined in the Federal Acquisition Regulation, Section 9.601. In the case of entities that have formed a contractor team arrangement, the experience and performance history of any member of the team, whether or not gained while working with the other member(s) of the currently-proposed contractor team arrangement, may be considered as a part of the evaluation of the Offeror’s proposal.

d. An Offeror that relies upon the performance history of a member or members of a proposed contractor team arrangement will be expected to maintain that arrangement during performance of any contract awarded to that Offeror under this RFP. As a part of their proposal, the Offeror must provide a contractor team agreement signed by all parties, identifying the legal name(s) of all entities and describing the nature of each entity’s relationship (teaming/partnering, joint venture, etc.) and its role on this project. Past Performance information of other than the Offeror will not be considered without the teaming arrangements. In the case of joint ventures, at least one project will be submitted from each member to demonstrate past experience. This documentation shall be provided in Binder 1 of the Offeror's proposal.

NON-PRICE (TECHNICAL) VOLUME.

C. Non-Price (Technical) Evaluation Criteria

TECHNICALLY ACCEPTABLE / UNACCEPTABLE RATINGS:

1. Proposals selected for technical review will be evaluated against the minimum requirements for each non-price evaluation factor.

2. In order to receive an overall ACCEPTABLE rating, a proposal must receive an ACCEPTABLE rating on all non-price factors and any sub-factors. A proposal receiving an UNACCEPTABLE rating on one or more non-price factor or sub-factor will receive an overall UNACCEPTABLE rating and be ineligible for award.

3. The final overall rating, along with ratings on individual factors, will be provided to the SSA and used in making the determination of which Offeror(s) is/are eligible for award.

TECHNICAL VOLUME REQUIREMENTS

TAB CONTENTS

1. FACTOR 1 –Experience

2. FACTOR 2 – Past Performance

4. Tab 1 of the Technical Volume: Factor 1 –…