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Sutter Basin Flood Risk Management Project - Cypress Ave to Tudor Rd Levee Repairs:
A. Work includes, but is not limited to, approximately 5-miles of improvements to existing levees through the installation of both seepage cutoff barriers and earthen berms. Cutoff w alls are required along the entire Project reach w ith w all depths expected to range betw een 40 and 140 feet. Cutoff w all installation may require both conventional trench excavation w ith bentonite slurry and a deep soil mixing method depending on the f inal design depths selected. NOTE: At a minimum, Stations 224+00 to 296+00, Stations 301+00 to 407+00, and Stations 412+00 to 477+00 must be completed by 31 October 2019 to protect the surrounding community during f lood season.
B. All w ork w ill be in accordance w ith the specif ications and draw ings.
C. In accordance w ith DFARS 236.204(ii), the magnitude of construction is betw een $25,000,000 and $100,000,000.
D. This solicitation is issued on an unrestricted basis to provide for full and open competition, and Special Standards of Responsibility apply under Section 00 21 13.
X
HOWARD GREGORY 916-557-5217
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
07-Dec-2018
(RFP)
(IFB)
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 ________685 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 Jan 2019 (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
USACE SACRAMENTO DISTRICT
ATTN: CONTRACTING DIVISION
1325 J STREET
SACRAMENTO CA 95814-2922
W91238
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
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:
W9123819B0004 68
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
W9123819B0004
Section 00 00 00 - Procurement and Contracting Requirements
REQUIRED WORK/COMPLETION DATE
At a minimum, Stations 224+00 to 296+00, Stations 301+00 to 407+00, and Stations 412+00 to 477+00 must be completed by 31 October 2019 in accordance with the associated specifications, drawings, and terms and conditions identified herein and herewith.
Section 00 01 10 - Table of Contents
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Specifications 866 03-DEC-2018 Attachment 2 Explorations 139 14-MAY-2018 Attachment 3 Geotechnical Report 415 11-OCT-2018 Attachment 4 Project Drawings Volume
64 03-DEC-2018
Attachment 5 Project Drawings Volume
74 03-DEC-2018
Attachment 6 Bid Schedule 5 06-NOV-2018 Attachment 7 Wage Determination 51 02-NOV-2018
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Sutter Levee Repair Cypress - Tudor 2019
FFP
Provide all labor, management, supervision, tools, materials, equipment, and transportation to perform construction to complete Stations 224+00 to 296+00, Stations 301+00 to 407+00, and Stations 412+00 to 477+00, in accordance with this contract and all associated documents, drawings, and specifications.
FOB: Destination
NET AMT
0002 1 Job Levee Repair Cypress - Tudor 2019-2020
FFP
Provide all labor, management, supervision, tools, materials, equipment, and transportation to perform all remaining construction to complete Stations 296+00 to 301+00 and Stations 407+00 to 412+00, including all required overlapping, in accordance with this contract and all associated documents, drawings, and specifications.
1001 10 Each OPTION Standby Time Discoveries up to 60'
FFP
Standby time as a result of delays due to environmental/archeological/cultural/tribal monitoring discoveries or agricultural spraying during cutoff wall < or = to 60 FT deep installation. May be exercised up to 10 times.
1002 10 Each OPTION Standby Time Discoveries from 60 - 80'
FFP
Standby time as a result of delays due to environmental/archeological/cultural/tribal monitoring discoveries or agricultural spraying during cutoff wall > 60 FT and < or = to 80 FT deep installation. May be exercised up to 10 times.
1003 10 Each OPTION Standby Time Discoveries 80 - 135'
FFP
Standby time as a result of delays due to environmental/archeological/cultural/tribal monitoring discoveries or agricultural spraying during cutoff wall > 80 feet and < or = to 135 FT deep installation. May be exercised up to 10 times.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 31-OCT-2019 1 VALLEY RESIDENT OFFICE
2021 JEFFERSON BLVD
WEST SACRAMENTO CA 95691
L2M0250
0002 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)
1001 685 dys. ANP 10 (SAME AS PREVIOUS LOCATION)
1002 685 dys. ANP 10 (SAME AS PREVIOUS LOCATION)
1003 685 dys. ANP 10 (SAME AS PREVIOUS LOCATION)
Section 00 21 00 - Instructions
CLAUSES INCORPORATED BY REFERENCE
52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.211-2 Availability of Specifications, Standards, and Data Item
Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
APR 2014
52.211-6 Brand Name or Equal AUG 1999 52.211-6 Brand Name or Equal AUG 1999 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction
Materials Under Trade Agreements
MAY 2014
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm, fixed-price construction contract resulting from this solicitation.
(End of provision)
52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within any time during performance of the contract. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from US Army Corps of Engineers, Sacramento District Office 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) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
December 18, 2018 at 9:00am PST.
Interested parties shall pre-register; providing planned attendee Name(s) and Company/Organization(s) via e-mail, no later than 10:00am on December 14, 2018, to: Howard.E.Gregory@usace.army.mil and Tracy.N.Tenholder@usace.army.mil.
(c) Participants will meet at the parking lot located at the east end of Star Bend Road (Yuba City) near the intersection with Shannon Rd. From CA-99, exit Tudor Rd and head east, turn left on Garden Hwy, turn right on Star Bend Rd and the parking lot is approximately 0.4 miles down on the right. The site visit will commence after a project/safety brief and will include a guided tour/drive along the nearly 5 miles of levee going southward to where the levee meets Laurel Avenue.
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):
https://farsite.hill.af.mil mailto:Howard.E.Gregory@usace.army.mil mailto:Tracy.N.Tenholder@usace.army.mil
52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)
Portions of this solicitation are altered as follows:
N/A
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00 21 13 - Instructions to Bidders
INSTRUCTIONS TO BIDDERS
INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
AND EVALUATION CRITERIA FOR AWARD
INQUIRIES:
Prospective bidders should submit inquiries related to this solicitation in accordance with the following:
a. For information related to amendments, and the dates set for bid opening, 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 : W9123819B0004 The Bidder Inquiry Key is: 2RMQPR-9C4GQ4
c. The Bidder Inquiry System will be closed for new inquiries 10 days prior to the bid opening date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
d. Bidders 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.
DIRECTIONS FOR SUBMITTING BIDS:
Envelopes containing bids must be sealed, marked and addressed as follows:
MARK ENVELOPES:
Solicitation No. W9123819B0004
ADDRESS ENVELOPES TO:
Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division 1325 J Street Sacramento CA 95814-2922
SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:
Hand-carried bids must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.
Due to security precautions, all Corps of Engineers visitors are now required to sign-in, leave a Photo-ID (such as a drivers license), and get a Visitor’s Pass at the Security Desk in the Building Lobby. Bidders may no longer hand-carry their bids directly to Contracting Division. Bids may NOT be either turned-in at the Security Desk or left unattended elsewhere in the Lobby. All bids must process through the security x-ray system. All visitors must pass through the building metal detector. Bids will not be considered to be under government control until processed through x-ray and submitted and accepted by the Bid Opening Officer. Additionally, you are advised that there is no public parking in the Building. Bidders are advised to plan accordingly for parking and entry processing times. The Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled bid opening time to accept sealed bids. After announcing that no further bids will be received, the bidders waiting in the Building Lobby will then be escorted as a group to the Bid Opening Room, where the bids will be publicly opened and read.
Bidders who desire to hand-deliver their bids at an earlier time must coordinate with the contract specialist in advance to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (916) 557-5201, in order to request assistance.
Please ensure that all courier and delivery personnel are aware of these procedures.
BASIS FOR AWARD:
The Government contemplates award of one contract to the responsive, responsible bidder who submits the low bid for the total of the following items in the Bid Schedule:
a. All line items listed in Bid Schedule
b. A responsibility determination will be made in accordance with policies and procedures listed in FAR Part 9.
FACSIMILE BIDS/OFFERS:
Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted. Electronic bids 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".
BID GUARANTEE FORM AND AMOUNT:
The bidder shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule, the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106- 1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."
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.
SUBMISSION REQUIREMENTS
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS- DETAILED SUBMISSION REQUIREMENTS
a. Submit the original hard-copy and one (1) complete copy of the bid on Compact Disk (CD) using a searchable “PDF” file format.
b. Use only 8-1/2” x 11” pages. There are no page limits; however, limit responses to required information.
Organize your bid as indicated below. If a tab is not applicable to your bid, omit that tab but do not renumber the subsequent tabs.
TAB CONTENTS OF THE BID
1 Bid Cover Sheet 2 SF 1442; Acknowledgement of Amendments; Joint Venture Agreement 3 Bid Schedule 4 Work Breakdown Structure 5 Representations, Certifications, and Other Statements of Offerors 6 Bid Guarantee 7 Pre-Award Survey Information
The format and content for the price cover sheet follow:
BID PRICE COVER SHEET
1. Solicitation Number:
2. The name, address, DUNS Number, e-mail address, and telephone and facsimile numbers of the bidder.
3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation and agreement to furnish any or all items upon which prices are bidded at the price set opposite each item.
4. Names, titles, e-mail address, telephone and facsimile numbers of persons authorized to negotiate on the bidder’s behalf with the Government in connection with this solicitation:
5. Name, title, and signature of person authorized to sign the bid. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
Tab 2: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement.
The Standard Form (SF) 1442 must be completed by the bidder and duly executed with an original signature by the official(s) identified in the bid price cover sheet as authorized to bind the bidder in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the bidder’s DUNS number in block 14 of the SF 1442, along with the bidder’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 30, Amendment. If the bidder is a Joint Venture (JV), include a copy of the JV agreement and indicate its status. (Note: It is preferred, but not required, that you use a document protector in lieu of punching holes in the original SF 1442.)
Tab 3: Bid Schedule
Submit the completed Bid Schedule (Section 00 10 00) with the bidder’s proposed contract prices inserted in the appropriate spaces. Prices must be proposed for all contract line items. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar.
Check your pricing submission very carefully for mathematical and clerical errors prior to submission. Any qualification of pricing may render the bid unacceptable and therefore not eligible for award. (Note: It is preferred, but not required, that you use document protectors in lieu of punching holes in the completed “original” pricing schedule.)
Tab 4: Work Breakdown Structure
Submit a Work Breakdown Structure of the bidder’s proposed contract prices using the format below, in accordance with Unified Facility Criteria (UFC) 03-700-02A
01 SUBSTRUCTURE 11 ELECTRIC POWER AND LIGHTING
02 SUPERSTRUCTURE 12 ELECTRICAL SYSTEMS
03 EXTERIOR CLOSURE 13 EQUIPMENT
04 ROOFING 14 FURNISHINGS
05 INTERIOR CONSTRUCTION 15 SPECIAL CONSTRUCTION
06 INTERIOR FINISHES 16 SELECTIVE BUILDING DEMOLITION
07 CONVEYING SYSTEMS 17 SITE PREPARATION
08 PLUMBING 18 SITE IMPROVEMENTS
09 HVAC M2 19 SITE CIVIL/MECHANICAL UTILITIES
10 FIRE PROTECTION SYSTEMS 20 SITE ELECTRICAL UTILITIES
21 DESIGN EFFORT
Tab 5: Representations, Certifications, and Other Statements of Bidders
Your completed Representations, Certifications, and Other Statements of Bidders/Offerors. The offeror must have electronically completed the annual representations and certifications on the “System for Award Management” (SAM) website in accordance with FAR 52.204-8. The offeror is responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes at least annually to ensure that they are kept current, accurate and complete. In addition, the offeror must also complete and return the “Representations, Certifications, and Other Statements of Offerors” included in Section 00 45 00 of the solicitation. If the offeror is a Joint Venture, all participants must separately complete both the ORCA Representations and Certifications and Section 00 45 00.
Tab 6: Bid Guarantee
All bidders must submit a bid guarantee, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.
Tab 7: Pre-Award Survey Information
a. The contracting officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the Federal Acquisition Regulation (FAR) and its supplements. The contracting officer must have sufficient information available to determine that a prospective contractor meets these minimum standards.
(1) Construction Contractor Data Form with Supplemental Schedules A-C (see format which follows). If the bidder is a large multi-segmented business concerns, the data provided on the supplemental schedules may be limited to information that directly pertains to the specific segment of the business concern (i.e., the division, group, unit, etc.)
proposed to perform work under the prospective contract with its own work force. If the bid is being submitted by a Joint Venture, submit a separate form for each Joint Venture participant. The bidder may submit pre-award survey information in another format, provided that the information furnished is substantially the same as that which would be furnished on the Construction Contractor Data Form and its supplemental schedules.
(2) Current financial statements. If the financial statement is more than 60 days old, submit a certificate stating that the firm's financial condition is substantially the same, or, if not the same, state the changes that have taken place. If a Joint Venture, provide this information for each participant in the Joint Venture.
(3) Banking information. Provide letters from banks or other financial institutions with which the contractor conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. The Government is interested in financial stability, timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If a Joint Venture, provide this information for each Joint Venture participant.
b. The Government will treat the pre-award survey information submitted by the bidder as proprietary.
TAB 8: SPECIAL STANDARDS OF RESPONSIBILITY
Pursuant to Federal Acquisition Regulation (FAR) 9.104-2(a), the government has established special standards of responsibility that shall apply to this effort. Offerors shall provide the Construction Contractor Data Form with Supplemental Schedule D to affirm they have met the specific, objective standards presented in order to be determined responsible with regards to this instant effort. The responsible Contracting Officer shall ensure an affirming offeror’s representation that they have met the requirements of the special standards of responsibility as a component of their FAR 9.104 Determination of Contractor Responsibility."
Tab 7: PRE-AWARD SURVEY INFORMATION
CONSTRUCTION CONTRACTOR DATA DATE:
Firm Name and Telephone Number Main Office Address (Street, City, and State)
Branch Offices Services Rendered
(a) Construction _
(b) Design _
(c) Consultant _
Organization _Individual _ Joint Venture Partnership Corporation
Date Organized Date Incorporated:
State:
Names of Officers and Other Key Personnel
I – PRESENT PAYROLL PERSONNEL (List Number of Each Category Below) Partners:
Officers:
Other Key:
Remainder: Subtotal Permanent:
Maximum Personnel at Any Time:
Date:
Total:
II—EQUIPMENT OWNED III—FINANCIAL DATA AS OF
(DATE): Present Value ($) Current Assets:
Acquisition Cost ($) Current Liabilities:
Net Worth:
IV—TOTAL VALUE OF CONSTRUCTION AND DEMOLITION WORK
IN PAST 6 YRS EXCLUSIVE OF JOINT VENTURE (LIST MOST
RECENT FIRST)
V—LARGEST JOB EVER
CONTRACTED
(If Other Than in Past Six Years)
$ LARGEST JOB IN PAST 6 YRS Contract Amount:
Date:
Description:
Owner:
$ Contract Amount:
Date:
Description:
Owner:
Avg. Annual Income
VI—TYPE OF WORK IN WHICH FIRM SPECIALIZES
NAME AND POSITION/TITLE OF PERSON SIGNING SIGNATURE
See attachment for explanations or detailed description of item(s) reported above.
CONSTRUCTION CONTRACTOR DATA – SCHEDULE A – EXISTING COMMITMENTS
List below the construction projects your firm currently has under way between $25m and $50m. Also list construction projects for which your firm is the apparent successful offeror/bidder, but for which a contract has not yet been awarded.
CONTRACT
NUMBER
AMOUNT
DESCRIPTION/
LOCATION
ORGANIZATION/
CONTACT PERSON/
PHONE NUMBER
PERCENT
COMPLETE
CONSTRUCTION CONTRACTOR DATA – SCHEDULE B – COMPLETED PROJECTS
List below the principal construction projects your firm has completed within the past six years, including all DoD contracts.
NUMBER
AMOUNT
DESCRIPTION/
ORGANIZATION/
CONTACT PERSON/
PERCENT
SUBLET
CONSTRUCTION CONTRACTOR DATA – SCHEDULE C –
CONSTRUCTION AND/OR TECHNICAL EQUIPMENT
List total equipment and facilities owned for performing the prospective contract and present status as to whether or not it is currently committed to existing contracts.
QUANTITY
DESCRIPTION
CONDITION
YEARS OF
SERVICE
PRESENT
STATUS
Pre-Award Survey Information
CONSTRUCTION CONTRACTOR DATA – SCHEDULE D – SPECIAL STANDARDS OF RESPONSIBILITY
Past experience has demonstrated that unusual expertise and/or specialized equipment are needed for adequate contract performance. The following special standards apply to all offerors as a matter of responsibility determination in accordance with
FAR 9.104:
List below the construction projects your firm or a firm on your proposed team currently has under way or has completed that demonstrates:
1) Construction of at least one conventional excavated (i.e. slurry supported) soil bentonite cutoff wall for seepage control with minimum dimensions of 500 feet long, 35 feet deep, and 24 inches wide completed after 1 January 2012;
2) Construction of at least one deep mix method (DMM) cutoff wall for seepage control using the method proposed for this project with minimum dimensions of 500 feet long, 75 feet deep, and 24 inches wide completed after 1 January 2012. For the purposes of this question, DMM is defined as in situ soil mixing methods classified as: Wet Rotary Shaft (WRS), Wet Rotary End (WRE), Wet Rotary and Jet End (WJE) or Wet Vertical Panel (WVP), as described in the Federal Highway Administration manual Deep Mixing for Embankment and Foundation Support; and
3) A project that included placing at least 50,000 cubic yards of engineered fill for flood control levee, earth dam, or earthen embankment for water retention or conveyance, completed since 1 January 2012.
CONTRACT NUMBER CONTRACT AMOUNT DESCRIPTION/
ORGANIZATION/
CONTACT PERSON/
PERCENT COMPLETE
NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)
1. Contractor Information Firm Name: CAGE Code:
Address: DUNs Number:
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: Firm-Fixed-Price Cost Reimbursement Other (Please specify):
Contract Title:
Contract Location:
Award Date (mm/dd/yy):
Contract Completion Date (mm/dd/yy):
Actual Completion Date (mm/dd/yy):
Explain Differences:
Original Contract Price (Award Amount):
Final Contract Price (to include all modifications, if applicable):
Explain Differences:
4. Project Description:
Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)
CLIENT INFORMATION (Client to complete Blocks 5-8)
5. Client Information Name:
Title:
Phone Number:
Email Address:
6. Describe the client’s role in the project:
7. Date Questionnaire was completed (mm/dd/yy):
8. Client’s Signature:
NOTE: USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE
GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.
RATING DEFINITION NOTE
(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.
The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.
An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.
(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.
(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.
(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.
A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.
(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.
An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.
(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor negative.
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT YOUR
EVALUATION OF THE CONTRACTOR’S PERFORMANCE
PLEASE CIRCLE THE ADJECTIVE RATING W
YOUR EVALUATION OF THE CONTRACTO
HICH BEST REFLECTS
R’S PERFORMANCE.
1. QUALITY:
a) Quality of technical data/report preparation efforts E VG S M U N
b) Ability to meet quality standards specified for technical performance
E VG S M U N
c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance E VG S M U N
d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)
b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract E VG S M U N
3. CUSTOMER SATISFACTION:
a) To what extent were the end users satisfied with the project? E VG S M U N
b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)
c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? E VG S M U N
d) Overall customer satisfaction E VG S M U N
4. MANAGEMENT/ PERSONNEL/LABOR
a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? E VG S M U N
b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N
c) Government Property Control E VG S M U N
d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N
e) Utilization of Small Business concerns E VG S M U N
f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N
g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes
h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) E VG S M U N
5. COST/FINANCIAL MANAGEMENT
a) Ability to meet the terms and conditions within the contractually agreed price(s)? E VG S M U N
b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client
c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)
d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. Yes No
e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.
Yes No
f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. Yes No
6. SAFETY/SECURITY
a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)
b) Contractor complied with all security requirements for the project and personnel security requirements. E VG S M U N
7. GENERAL
a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).
b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N
c) Would you hire or work with this firm again? (If no, please explain below) Yes No
d) In summary, provide an overall rating for the work performed by this contractor. E VG S M U N
Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):
Section 00 45 00 - Representations and Certifications
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.222-38 Compliance With Veterans' Employment Reporting Requirements
FEB 2016
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $36,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified…
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