W9123818R0046_Solicitation.pdf

W9123818R0046 Dam Maintenance and Recreation

SINGLE PHASE Multiple Aw ard Task Order Contract (MATOC) for a w ide range of repairs and replacement of components on all facets of dams ow ned by the Sacramento District of the US Army Corps of Engineers.

This Acquisition is being offered as a 100% Total Small Business Set-Aside. NAICS: 237990.

This solicitation is a Firm Fixed Price using Single-Phase Design-Build Selection Procedures in accordance w ith Federal Acquisition Regulation (FAR) 36.303. The Government w ill use a Best Value Low est Price Technically Acceptable Evaluation Process IAW FAR 15.101-2. Up to three of the most highly qualif ied offerors w ill be aw arded as a result of this solicitation. A combined total of all contracts aw arded under this solicitation shall not exceed $30 Million at any one time. Aw arded contract(s) w ill be for a base period of three (3) years w ith tw o (2) one-year option periods. The estimated overall value of this IDIQ is NTE $30,000,000.00.

**Blocks 11 and 12: As specif ied per Task Order **Block 13B: A Bid Guarantee is required to cover the seed project.

TONJA J DREKE 916-557-9174

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

27-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 _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Order

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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________27 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 of fers are due.

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9123818R0046 72

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Base MATOC

Specifications

09-MAY-2018

Attachment 2 DB Wage Determination

CA09

27-JUL-2018

Attachment 3 DB Wage Determination

CA29

27-JUL-2018

Attachment 4 DB Wage Determination

CA31

27-JUL-2018

Attachment 5 DB Wage Determination

CA32

27-JUL-2018

Attachment 6 PPQ 13-JUL-2018 Attachment 7 Seed project 1 pkg appendix 1-5

19-JUL-2018

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Design-Bid-Build MATOC

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) contract will be a Design-Bid-Build Multiple Award Task Order Contract (MATOC) for a wide range of repairs and/or replacement of components will be performed at various dams and projects including, but not limited to, the following locations:

Lake Isabella, Success Lake, Lake Kaweah, Pine Flat Lake, Hensley Lake, Eastman Lake, New Hogan Lake, Englebright Lake, Martis Creek, Black Butte Lake, and Merced County Stream Group (Burns, Bear, Owens, and Mariposa Dams.

The Base Period of Performance (PoP) is thirty-Six (36 months); and Not-To-Exceed amount of $30,000,000; whichever occurs first.

FOB: Destination

NET AMT

1001 Job OPTION Design-Bid-Build MATOC

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) contract will be a Design-Bid-Build Multiple Award Task Order Contract (MATOC) for a wide range of repairs and/or replacement of components will be performed at various dams and projects including, but not limited to, the following locations:

Lake Isabella, Success Lake, Lake Kaweah, Pine Flat Lake, Hensley Lake, Eastman Lake, New Hogan Lake, Englebright Lake, Martis Creek, Black Butte Lake, and Merced County Stream Group (Burns, Bear, Owens, and Mariposa Dams.

The Base Period of Performance (PoP) is thirty-Six (36 months); and Not-To-Exceed amount of $30,000,000; whichever occurs first. Option period 12 months.

2001 Job OPTION Design-Bid-Build MATOC

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) contract will be a Design-Bid-Build Multiple Award Task Order Contract (MATOC) for a wide range of repairs and/or replacement of components will be performed at various dams and projects including, but not limited to, the following locations:

Lake Isabella, Success Lake, Lake Kaweah, Pine Flat Lake, Hensley Lake, Eastman Lake, New Hogan Lake, Englebright Lake, Martis Creek, Black Butte Lake, and Merced County Stream Group (Burns, Bear, Owens, and Mariposa Dams.

The Base Period of Performance (PoP) is thirty-Six (36 months); and Not-To-Exceed amount of $30,000,000; whichever occurs first. Option period 12 months.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 3 yrs. ADC MILITARY PROJECTS SUPPORT SEC

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

1001 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

Section 00 21 00 - Instructions

TECHNICAL INSTRUCTIONS

Technical inquiries and questions relating to proposal procedures or bonds shall be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet.

Offerors shall not submit their proposals via ProjNet. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

To submit and review inquiry items, offerors will need to be a current registered user or self-register into system.

To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user.

Verify that information on next screen is correct and click continue. From this page you may view all inquiries or add inquiry. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been reviewed and response approved by the Contracting Officer.

i. The Solicitation Number is: W9123818R0046

ii. The Bidder Inquiry Key is: 3288NB-KQ9JYR

Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The name of the submitter or firm is not published for the public on the report of all Bidder Inquiries. Offerors are on notice of, and assumed to be aware of, all inquiries, responses, and information posted in the Bidder Inquiry System up to the date of submission, whether the inquiry was generated by the Offeror themselves or another potential Offeror.

Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment to the solicitation is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment.

The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled Ten

(10) calendar days prior to the closing date stated in the solicitation. The Government reserves the right to not respond to questions/inquiries received after this date. No inquiries will be accepted by the Bidder Inquiry system within Ten (10) calendar days prior to the proposal due date. However, the Bidder Inquiry system may still be accessed to view answers/replies to previous inquiries until the proposal due date.

SUBMISSION OF PROPOSALS

HAND CARRIED PROPOSALS AND OTHER FORMS OF ELECTRONIC PROPOSAL SUBMISSION, TO

INCLUDE E-MAIL, (CD-ROM) DISCS AND FACSIMILE TRANSMISSIONS ARE NOT AUTHORIZED.

Proposals shall be submitted, organized and tabbed in accordance with Paragraph 3 of the General Proposal Submission and Tabbing Requirements section of this Request for Proposal. Proposals shall be electronically signed by a duly authorized official of the Offeror’s company and are required to be submitted via AMRDEC Safe to the two individuals as indicated below:

U.S. Army Engineer District, Sacramento ATTN: CESPK-CT (Ms. Tonja Brazeau-Dreke, Contract pecialist) 1325 J Street Sacramento, CA 95804 Email: tonja.j.dreke@usace.army.mil

And

U.S. Army Engineer District, Sacramento ATTN: CESAW-CT (Mr. Mary Chong, Contracting Officer)

1325 J Street Sacramento, CA 95804 Email: mary.h.chong@usace.army.mil

All proposals must be clearly identified with the contractor’s name and address. To ensure timely and proper handling, the lower left corner of the electronic cover page should indicate the following:

Request For Proposal No: W9123818R0046 Due Date of Proposal: August 27, 2018 Time by which Proposals are due: 2:00 P.M. (E.T.)

Title of Project: Dam Maintenance and Recreation MATOC Offerors are responsible for allowing sufficient time for the proposal to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of proposals.

The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the office designated for receipt of proposals.

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer OCT 2013 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

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.

***NOTE: SEPARATE BID GUARENTEE MAY BE REQUIRED FOR EACH INDIVIDUAL TASK

ORDER***

252.236-7006 COST LIMITATION (JAN 1997)

(a)Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b)An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c)Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which--

(1)Are materially unbalanced for the purpose of bringing items within cost limitations; or

(2)Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to three or more sources under this solicitation.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

Sacramento 16.1-Placer Sacramento 14.3-Flenn, Nevada, Yuba Stockton-Modesto 19.8-

Merced, Calaveras Stockton 24.3-San Joaquin

6.9

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is 174 Redding, CA 177 Sacramento, CA 178 Stockton-Modesto, CA

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:

USACE-Sacramento District Mary Chong, Contracting Officer 1325 J Street Sacramento, CA 95804

(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://www.farsite.hill.af.mil http://www.acquisition.gov/far/

Section 00 22 00 - Supplementary Instructions

BASIS OF AWARD-SOURCE SELECTIO

SECTION 00 22 10

PROPOSAL BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS, PHASE I

INSTRUCTION AND EVALUATIONS, AND CONTRACT AWARD

1. OVERVIEW.

a. This will be a lowest price technically acceptable source selection process on the best value continuum under FAR 15.101-2 looking to award Multiple Task Order Award Contracts which will cover a wide range of repairs and replacement of components on all facets of dams owned by the Sacramento District of the US Army Corps of Engineers (SPK), within the State of California. The Contracting Officer will award three (3) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) to the three lowest priced technically acceptable offers, and one (1) Task Order to the lowest price offeror for the seed project in this solicitation.

b. The Government does not intend to conduct discussions/exchanges or request for revised proposals. However, the Government reserves the right to conduct discussions, if it deems such to be in its best interest in accordance with FAR 15.306.

c. Anticipated future projects under the MATOC.

(1) The purpose of the MATOC is to provide a streamlined contract vehicle to cover the wide range of repairs and replacement of components on all facets of dams owned by the Sacramento District of the US Army Corps of Engineers (SPK), California. The North American Industry Classification Systems (NAICS) code is 237990, Other Heavy and Civil Engineering Construction, with a size standard of $36.5 million.

The minimum ordering limit will be $3,000.00, the maximum ordering limit will be $5 million, and the minimum guaranteed amount will be $10,000.00. All future task orders will be a firm fixed-price task order based on competition among the IDIQ Contractors on Lowest Price Technical Acceptable offer. A combined total of all contracts awarded under this solicitation shall not exceed $30 million at any one time

(2) The potential project types to be issued under the resulting contract as individual task orders include, but are not limited to: repair and/or replacement of the following:

Emergency/service gates, low flow gates, “Tainter” radial gates, measuring and monitoring equipment, piezometers, plumb line stations, relief wells, float-wells, conduit liners, penstocks, breast-walls, trash racks, bulk head gates, all facets of painting and paint removal, all facets of concrete repair, spillways, intake structures, plumbing systems, electrical systems, hydraulic systems, pump systems, wing walls, drain holes, vertical drains, conduits, gate seals (including metal Babbitt seals). The wide range of repairs and/or replacement of components will be performed at various dams and projects located within the State of California, including, but not limited to, the following locations: Lake Isabella, Success Lake, Lake Kaweah, Pine Flat Lake, Hensley Lake, Eastman Lake, New Hogan Lake, Englebright Lake, Martis Creek, Black Butte Lake, and Merced County Stream Group (Burns, Bear, Owens, and Mariposa Dams).

2. BASIS OF AWARD.

The MATOC awards will be made to the three lowest priced of technically acceptable proposals meeting or exceeding the acceptability standards for non-cost factors stated in herein. To be considered technically acceptable, the Offeror must receive an “Acceptable” rating on all technical factors. The failure to meet any of the acceptability standards for non-cost factors will result in an overall technically unacceptable rating and will be precluded from award.

2.1. ELIGIBILITY FOR CONTRACT AWARD.

In accordance with the requirements of FAR Part 9.103, all contracts shall be awarded to responsible prospective contractors only. No contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9.104 and any special standards set forth in the solicitation.

2.2. SOURCE SELECTION USING THE LOWEST PRICE TECHNICALLY

ACCEPTABLE PROCESS.

A Source Selection Evaluation Board (SSEB) shall review all proposals for acceptability and provide the /Source Selection Authority (SSA) with a written technical analysis of each Offeror’s proposal. The Contracting Officer, in conjunction with the Project Delivery Team (PDT), will review these for correctness and completeness. Proposals will be evaluated for acceptability, but not ranked using non-cost/price factors. Tradeoffs will not be permitted. To be considered technically acceptable, no technical factor in the proposal may be determined to be unacceptable. The failure of a proposal to meet any of the acceptability standards for non-cost factors will result in a technically unacceptable rating and preclude award. *** Award of Multiple Award Task Order Contracts will be made to the three (3) lowest priced, technically acceptable proposals. Award of the seed project task order will be made to the lowest priced technically acceptable offeror.

Lowest Priced Technically Acceptable (LPTA) Evaluation Process

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 proposals of the three lowest-priced offerors. If these proposals are found to be technically acceptable, no further technical proposals will be evaluated. If the lowest-priced offeror's technical proposal is not found acceptable on any of the technical factor, the SSEB 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 three acceptable technical proposals.

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.

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

2.3. EVALUATION OF THE PRICE PROPOSAL.

a. Price analysis will be performed to determine fairness and reasonableness as well as to assure an understanding of the work and ability to execute the contract at the price proposed.

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

c. Information required to be submitted in the Price Proposal volume in addition to the executed SF 1442 with acknowledgement of amendments and the completed pricing schedules for the Seed Project will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, the offeror’s representations and certifications; the bid guarantee; and the offeror’s pre-award survey information). The Government may enter into exchanges with offerors about such information without it constituting discussions, subject to applicable FAR limitations, including FAR 15.306, Exchanges with offerors after receipt of proposals; and FAR 28.101-4, Noncompliance with bid guarantee requirements.

2.4. THE TECHNICAL EVALUATION FACTORS

a. The Government will evaluate the Offeror’s technical proposal to determine whether it clearly meets the minimum requirements for the solicitation as explained in the instructions below, and on the basis of past performance information on related projects provided from references or obtained from other sources. Each of three required sections comprising an Offeror’s technical proposal (see instructions below) will be evaluated by the Government and an acceptability rating will be determined by consensus of the Government evaluation board for each technical factor other than past performance. For the Past Performance factor a relevancy and confidence acceptability level will be determined by consensus of the Government evaluation board.

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

(1) Factor 1: Experience and Capability

(2) Factor 2: Organization, and Technical Approach to Seed Project

(3) Factor 3: Past Performance

2.4.1. GENERAL TECHNICAL EVALUATION CRITERIA

a. The Offeror’s conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. More than a nominal number of errors/mistakes or egregious errors/mistakes may affect the Offeror’s ability to clearly meet the minimum requirements. Material omission(s) may cause the technical proposal to be rejected as unacceptable. However, in accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals.

b. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be found to be unacceptable. The Government is under no obligation to search for information that is not in the specified location.

c. Proposals which are generic, vague, or lacking in detail may be found unacceptable.

Responses that are essentially blanket offers of compliance are not adequate substitutes for the detailed and complete technical information necessary to establish that an Offeror can meet US Government needs. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The Offeror’s failure to include information that the Government has indicated should be included may result in the proposal being found unacceptable if inadequate detail is provided.

d. Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government. The Government will not evaluate any excess information resulting from the Offeror’s failure to comply with the submission instructions. Examples: If an Offeror were to submit three pages in response to an item with a two page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated. If an Offeror were to submit a fold-out sheet (e.g.

11”x17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8-1/2 x 11 inch sheet would be evaluated. If an Offeror were to submit three 8-1/2 x 11 inch pages in response to a one not-to-exceed 11 x 17 inch page limitation, only the information that could reasonably have been submitted on one 11 x 17 inch sheet would be evaluated. If an Offeror submitted alternates that were not requested (e.g. key subcontractor), the information will not be evaluated.

e. The degree of risk to the Government inherent in the Offeror’s technical proposal will be a consideration under every evaluation factor.

f. The Government cannot make award based on an unacceptable offer. Therefore, a rating of “Unacceptable” under any factor will render the offer ineligible for award, unless the Government elects to enter into discussions with that Offeror and the revised proposal is found to be acceptable.

2.4.2. Technical Ratings: The below rating system will be used to evaluate the Offeror’s technical proposal.

Technical Acceptable/Unacceptable Ratings

ADJECTIVAL RATING

DESCRIPTION

“ACCEPTABLE”

Proposal clearly meets the minimum requirements of the solicitation.

“UNACCEPTABLE”

Proposal does not clearly meets the minimum requirements of the solicitation.

2.5. GENERAL PAST PERFORMANCE EVALUATION.

a. Past Performance Evaluation. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation considers each offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror's recent past performance, focusing on performance that is relevant to the contract requirements.

b. There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The Government will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

c. Past Performance Relevancy Ratings: The following rating system will be used Past Performance relevancy evaluation:

RATING DESCRIPTION

“Relevant” Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

“Not Relevant”

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

d. Past Performance Confidence Assessments - In conducting a performance confidence assessment, each Offeror shall be assigned one of the ratings in the table below:

Adjectival Rating

Definition

“Acceptable” Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

(See note below.)

“Unacceptable” Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance.