W9127821R0021 SF 33.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 26 Feb 2021

X

A X B X C

D

EX

X G F 15

16 - 29 H 30 - 34

Terry.L.Herbert@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 34

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91278 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

TERRY L HEBERT JR 251-441-5520

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

6 - 7 8 - 10

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

12 - 13

PART II - CONTRACT CLAUSES

ENDIST MOBILE CONTRACTING DIVISION

109 ST JOSEPH ST

MOBILE AL 36602

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

19 Jan 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9127821R0021

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1

SPARE STRUT ARM

FFP

FOB: Destination

PSC CD: 9520

NET AMT

0002 1

OPTION SPARE STRUT ARM

FFP

0003 1

OPTION SPARE STRUT ARM

FFP

0004 1

OPTION SPARE STRUT ARM

FFP

0005 1

OPTION SPARE STRUT ARM

FFP

EXPLANATION OF BID ITEMS

GENERAL: This section comprises an explanation of the bid items identified in the bid schedule. This section is a general scope of work for the bid items described in the bidding schedule and is not intended to be all encompassing in the descriptions. All work specified herein shall be accomplished in accordance with the procedures prescribed in the technical provisions of the specifications and the Scope of Work. The Contractor shall bid each type of work under the applicable bid item. Payment described for the various bid items will be full compensation for all labor, materials, and equipment required to complete the work. Compensation for any item of work described in the contract but not listed in the bid schedule shall be included in the payment for the item of work to which it is made subsidiary.

Base Bid:

Bid Item No. 1: Payment under Bid Item No. 1, Spare Strut Arm 1 will be made at the contract job price and will constitute full compensate for furnishing all materials, plant, tools, labor, and associated incidentals necessary to fabricate and deliver the spare strut arm in accordance with the plans and specifications. The strut arm will be delivered in a sturdy crate to 3600 West Plymouth Road Columbus, MS 39701 during normal business hours Monday through Thursday (excluding Federal Holidays) and will be unloaded by the government. Delivery will be within 15 months of the date of contract award.

Bid Options:

The government will determine whether or not to award the optional item(s) within 60 days of base the contract award. The delivery of optional items will be no later than 15 months after the option is exercised.

Bid Option No. 1: Payment under Bid Option No.1 , Spare Strut Arm 1 will be made at the contract job price and will constitute full compensate for furnishing all materials, plant, tools, labor, and associated incidentals necessary to fabricate and deliver the spare strut arm in accordance with the plans and specifications. The strut arm will be delivered in a sturdy crate to 2450 Joe Mallisham Parkway, Tuscaloosa, Alabama 35401 during normal business hours Monday through Thursday (excluding Federal Holidays) and will be unloaded by the government.

Bid Option No. 2: Payment under Bid Option No.2 , Spare Strut Arm 1 will be made at the contract job price and will constitute full compensate for furnishing all materials, plant, tools, labor, and associated incidentals necessary to fabricate and deliver the spare strut arm in accordance with the plans and specifications. The strut arm will be delivered in a sturdy crate to 2450 Joe Mallisham Parkway, Tuscaloosa, Alabama 35401 during normal business hours Monday through Thursday (excluding Federal Holidays) and will be unloaded by the government.

Bid Option No. 3: Payment under Bid Option No.3 , Spare Strut Arm 1 will be made at the contract job price and will constitute full compensate for furnishing all materials, plant, tools, labor, and associated incidentals necessary to fabricate and deliver the spare strut arm in accordance with the plans and specifications. The strut arm will be delivered in a sturdy crate to 2450 Joe Mallisham Parkway, Tuscaloosa, Alabama 35401 during normal business hours Monday through Thursday (excluding Federal Holidays) and will be unloaded by the government.

Bid Option No. 4: Payment under Bid Option No.4 , Spare Strut Arm 1 will be made at the contract job price and will constitute full compensate for furnishing all materials, plant, tools, labor, and associated incidentals necessary to fabricate and deliver the spare strut arm in accordance with the plans and specifications. The strut arm will be delivered in a sturdy crate to 2450 Joe Mallisham Parkway, Tuscaloosa, Alabama 35401 during normal business hours Monday through Thursday (excluding Federal Holidays) and will be unloaded by the government.

- END OF SECTION –

Section C - Descriptions and Specifications

STATEMENT OF WORK

Fabricate and deliver lock strut arm(s). The arms connect navigation lock miter gates to hydraulic operating cylinders, and the full assembly to be delivered is approximately 20 feet long. The arm(s) will be fabricated in accordance with the attached plans and specifications and delivered to the government at 2450 Joe Mallisham Parkway, Tuscaloosa, AL 35401 where the government will off-load the arm(s).

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.247-60 Guaranteed Shipping Characteristics JAN 2017

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.247-17 CHARGES (APR 1984)

In no event shall charges under this contract be in excess of charges based on the Contractor's lowest rate available to the general public, or be in excess of charges based on rates otherwise tendered to the Government by the Contractor for the same type of service.

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section G - Contract Administration Data

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

CONTRACT ADMINISTRATION

After award, contract will be administered by Supplies and Services Branch (CT-S), U.S. Army Corps of Engineers

- Mobile District, P.O. Box, 2288, Mobile, Alabama 36628-0001, Telephone 251-441-6502.

THE ISSUING OFFICE IS THE US ARMY ENGINEER DISTRICT, MOBILE

Delivery Address:

109 St. Joseph Street Federal Building, Room 6018 Mobile, AL 36602

Mailing Address:

P.O. Box 2288 Mobile, AL 36628-0001

PAYING OFFICE

Payment for work performed under this contract will be made by the USACE Finance Center, 5722 Integrity Drive, Millington, TN 38054-5005.

Invoices should be mailed to the receiving office at the following address: TBD at time of contract award.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

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

Transactions

JUN 2020

52.203-14 Display of Hotline Poster(s) JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.210-1 Market Research JUN 2020 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-14 Integrity of Unit Prices JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (JUN 2020) - Alternate IV

OCT 2010

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-4 Economic Price Adjustment-Labor and Material JAN 2017 52.219-9 Small Business Subcontracting Plan JUN 2020 52.219-10 Incentive Subcontracting Program OCT 2014 52.219-13 Notice of Set-Aside of Orders MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-1 Buy American--Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-3 Patent Indemnity APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.230-2 Cost Accounting Standards JUN 2020

52.230-3 Disclosure And Consistency Of Cost Accounting Practices JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-7 Notification Of Changes JAN 2017 52.244-5 Competition In Subcontracting DEC 1996 52.246-23 Limitation Of Liability FEB 1997 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.246-26 Reporting Nonconforming Items. JUN 2020 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-1 Value Engineering JUN 2020 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7004 Display of Hotline Posters AUG 2019 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.215-7002 Cost Estimating System Requirements DEC 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

Section J - List of Documents, Exhibits and Other Attachments

SECTION J

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Exhibit 1: BWT Spare Strut Arms Project Schedule

Exhibit 2: Black Warrior and Tombigbee River Drawings

Section K - Representations, Certifications and Other Statements of Offerors

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

AUG 2020

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

DEC 2019

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-14 Reserve Officer Training Corps and Military Recruiting on

Campus

NOV 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it (____) is a women-owned business concern.

(End of provision)

Section L - Instructions, Conditions and Notices to Bidders

52.207-1 Notice Of Standard Competition MAY 2006 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-3 Request for Information or Solicitation for Planning Purposes. OCT 1997 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Alt IV Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data (Oct 2010) - Alternate IV

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.233-2 Service Of Protest SEP 2006 252.215-7012 Requirements for Submission of Proposals via Electronic

Media.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

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.

(End of provision)

SECTION L

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1.0 GENERAL REQUIREMENTS

1.1 This is a Federal Acquisition Regulation (FAR) Part 15, competitive, unrestricted, best value source selection.

Competing contractors, hereinafter referred to as “Offeror”, shall submit a proposal that includes the required submission information indicated below to demonstrate the Offeror’s past performance to perform the work described in this solicitation. In addition, each Offeror shall also include its price and other administrative information described below. By submission of a proposal, the Offeror accedes to all the terms of this RFP.

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

2.0 WHO CAN SUBMIT

2.1 Any responsible, interested party may submit a proposal.

2.2 Any design firm that participated in preparation of this solicitation, whether as a Government contractor or as a subcontractor to a Government contractor, is not eligible to participate in this solicitation as a prime contractor or a design subcontractor due to a conflict of interest. The Government considers such firms to have an unfair competitive advantage, and therefore will not consider such firms.

3.0 REQUESTS FOR INFORMATION (RFIs)

Any questions about this solicitation, including technical questions about plans and specifications, shall be submitted via the Bidder Inquiry Portal in ProjNet at https://www.projnet.org. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Questions shall be submitted no later than February 16, 2021, 2:00 PM Central Time to allow time for a response, and amendment to the solicitation if necessary. On this date and time, the portal will be closed. For technical questions, no other means of communication, e-mail, fax, or telephone will be accepted. Oral exchanges between offerors and the government prior to award of the contract will not be binding. In addition to information available to offerors on the Bidder Inquiry Portal, any information concerning this solicitation will be furnished to all offerors as an amendment to the solicitation if the information is necessary to the submittal of.

The Solicitation Number is: W9127820R0021 The Bidder Inquiry Key is: XANG6G-52Q7FM

Specific Instructions for ProjNet Bid Inquiry Access:

1) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2) Identify the Agency. This should be marked as USACE.

3) Key. Enter the Bidder Inquiry Key listed above.

4) Email. Enter the email address you would like to use for communication.

5) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1) For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3) Identify the Agency. This should be marked as USACE.

4) Key. Enter the Bidder Inquiry Key listed above.

5) Email. Enter the email address you used to register previously in ProjNet.

6) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Note: Questions/comments should be entered in the system one at a time. List of questions uploaded into ProjNet, regardless of the format, will not be answered.

Offerors are requested to review the solicitation and amendments in their entirety, as well as to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal.

CAUTION: ANY INQUIRY SUBMITTED AND ANSWERED WITHIN THIS SYSTEM, WILL BE

ACCESSIBLE TO VIEW BY ALL INTERESTED OFFERORS ON THIS SOLICITATION.

The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time Zone. The telephone number is 1-800-428-HELP.

4.0 PROPOSAL SUBMISSION REQUIREMENTS

4.1 Submit the electronic proposal package to the U.S. Army Corps of Engineers via DoD SAFE (https://safe.apps.mil/) as indicated on the Standard Form 33 (SF33) in this solicitation. Emailed submissions of proposals are not permitted and will not be accepted under any circumstances. DoD SAFE provides a time stamped notification to the Government when a file is uploaded. The Government must receive your proposal no later than the time and date specified on the SF33. DoD SAFE requires a unique “Request for Drop-Off” code in order to upload proposal files. Offerors must contact the Point of Contact listed on the SF33 to obtain unique “Request for Drop-Off” code. All amendments to the solicitation shall be acknowledged by signing on each amendment and by completing the SF33. Offerors shall confirm proposal receipt by calling the Point of Contact listed on the SF33.

4.2 Submit the proposals in two separate volumes, labeled with quantities as follows:

Submit one (1) electronic copy of the entire proposal (“Volume I and II”) in Portable Document File (PDF) format. Label the pdf “Volumes I and II”.

Submit one (1) electronic copy of Volume I in Portable Document File (PDF) format. Label the pdf

“Volume I”.

Hard copies are not required to be submitted and will not be accepted or evaluated. However, when formatting the PDF files the page size should be 8-1/2” x 11” for all pages except schedules and organizational charts, as applicable, which should be 11” x 17” (counts as one sheet toward page limitation).

4.3 To effectively and equitably evaluate proposals, the Source Selection Evaluation Board (SSEB) must receive information, in the order described below, that clearly describes an Offeror's capabilities to successfully execute the project as required by this RFP. It is therefore an Offeror’s responsibility to submit proposal information that is fully responsive to the submission requirements of this section. Offerors are responsible for organizing material sequentially under tabs and numbered pages as set out below to facilitate evaluation. Materials that are not properly organized may easily be overlooked during evaluations, possibly affecting an Offeror’s rating. Offers should be concise, addressing only the information outlined in this section.

5.0 SPECIFIC PROPOSAL SUBMISSION INSTRUCTIONS

5.1 There are two separate volumes required in response to this solicitation. Volume I include one (1) non-priced evaluation factor. Volume II includes administrative requirements and proposed pricing.

EVALUATION FACTOR AND ORDER OF RELATIVE IMPORTANCE

Volume Factor - Description Relative Importance

Vol I – Tab A

Factor 1 – Past Performance Information of the Prime Contractor

1st in relative importance

Vol II Administrative Requirements (Including Price) Not Rated. Price evaluated through Price Analysis.

The evaluation factor other than cost or price, is significantly more important that cost or price.

5.2 Volume I - Tab A, Factor 1 – Past Performance Information of the Prime Contractor. The Past Performance of the Offeror consists of (a) Relevant Company Effort and (b) Quality of Past Performance. The Government will review recent, relevant company efforts and quality information provided by the owners of those efforts to assess the Offeror’s past experience and probability of successfully performing the work described in this solicitation. A recent, relevant project is a project:

(a) Performed under a contract or task order, as those terms are defined in FAR 2.101, for Federal projects, or similar contractual agreements for State or Local Governments, or the commercial or private sector. (Multiple projects under a single contract or task order are considered one project. However, do not combine multiple projects under separate contracts or task orders to create a single project.);

(b) That is “recent”; one that has been completed within six (6) years of the solicitation issue date, or one where the project is at least 50% complete (measured by performance period days) as of the solicitation issue date.

(Offerors are responsible for providing start and completion dates for each completed project, or the start and scheduled completion dates for projects currently underway.);

(c) That is “relevant”; one that is similar in scope (type, size, complexity and dollar value) to the project described in this solicitation. In terms of dollar value, a relevant project is one ranging from $500K to $1M;

however, projects outside of this dollar range may be considered when similar in scope and complexity. For a project to be assessed any degree of “relevancy” it must reflect performance of the type work being procured by this solicitation.

5.2.1 (a) Relevant Company Effort: The Offeror shall provide no more than five (5) examples of recent, relevant type projects performed that demonstrate the company’s ability to perform work similar to that required by this solicitation. For each project, the Offeror shall furnish the information specified below. Attachment 2, at the end of this section, may be used to present the information. The effort shown does not have to be a task order under an IDIQ contract, but where it is, clearly indicate so. If more than five projects are submitted for evaluation, only the first five (5) projects will be evaluated. The Relevant Company Effort portion of Factor 1 shall not exceed ten (10) pages.

(1) Company Name

(2) Name of Project

(3) Location of Project

(4) Project Owner

(5) General Scope of Project (Include type DB, DBB, Other)

(6) Your Role and Type Work Your Company Self Performed onsite other than Construction Management

Services

(7) Total Cost/Fabrication Cost of the single project

(8) Extent and Type of Work Subcontracted Out

(9) Contract Period - Start and Completion/Scheduled Completion Dates (Provide Month/Year)

(10) Termination or Liquidated Damages Information; Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions

(b) Quality of Past Performance. Does not count against the page limitation for Factor 1.

(1) The Offeror shall submit evidence of the quality of their past performance for each project. For Federal Government projects, the Offeror shall provide a completed contractor performance evaluation, whether interim or final, found in the Contractor Performance Assessment Reporting System (www.cpars.gov/). If a proper evaluation does not exist in CPARS, because it has not been completed or the project is a non-Federal Government project, the Offeror shall provide a completed Past Performance Questionnaire (PPQ) (See Attachment 3). If, at time of evaluation, a final contractor performance evaluation exists in CPARS, and yet the Offeror submits a PPQ, only the evaluation in CPARS will be considered.

(2) Past performance surveys/assessment/evaluation forms other than CPARS or PPQs are unacceptable and will not be considered or evaluated.

(3) Completed PPQs that were submitted in response to previous solicitations may be used in this source selection. However, Offerors shall not incorporate such PPQs by reference and thus must resubmit the PPQ with their proposal. This does not, however, preclude the Government from utilizing previously submitted PPQ information in the Past Performance evaluation. While the Government may elect to consider data from other sources, the burden of providing current, detailed and complete past performance information rests with the Offeror.

(4) If an Offeror has been required to take corrective action for any substandard performance or experienced other performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc., the Offeror should explain the circumstances and the corrective actions taken.

(5) If an Offeror’s client/customer will only provide completed PPQs directly to the U.S. Army Corps of Engineers, Mobile District, Offerors must ensure the client/customer submits the PPQ by the proposal due date via email to the individuals listed on the Standard Form 1442 (SF33) in this solicitation. The solicitation number shall be included on the PPQ form. PPQs received after the proposal due date will be considered untimely and will not be considered during the evaluation.

5.2.2 Joint Venture Submission Requirements.

5.2.2.1 Like other Offerors, a JV Offeror shall provide no more than five (5) examples of recent, relevant projects performed by the JV that reflect the JV’s ability to perform the work required in this solicitation.

5.2.2.2 If the JV Offeror does not have five (5) projects performed as a JV, the Offeror may supplement those projects it performed as a JV with recent, relevant projects performed by either member of the JV in their individual capacity. JV Offerors are not required to submit projects of both partners, but more consideration may be given to those that do. Regardless, the total number of projects submitted by the JV shall be no more than five (5).

5.2.2.3 If the JV Offeror has not previously performed as a JV, either member of the JV may submit recent, relevant projects performed in their individual capacities. JV Offerors are not required to submit projects of both partners but more consideration may be given to those that do. Regardless, the total number of projects submitted by the JV shall be no more than five (5).

5.2.3 All Business Entities: To satisfy Paragraph 4.2.1 subparagraphs (a) and (b), only information pertaining to the corporate entity listed on the SF33 will be considered in the evaluation. Information related to a parent company, affiliates, divisions, subsidiaries, other related entities, subcontractors, or the individual experience of key personnel will not be considered.

5.2.4 Verification: The Government reserves the right to verify the information on projects submitted for evaluation, and to review CPARS, or other Government project appraisal systems, for information on other projects performed by the Offeror whether submitted as part of a proposal or not. The Government also reserves the right to contact project clients/customer, or other references. For any adverse performance information found for which the Offeror has not had an opportunity to address, the Offeror will be afforded an opportunity to explain.

5.3 Volume II - Administrative Requirements (Including Price). Prior to making an award, the Contracting Officer must determine that any Offeror is responsible both financially and technically and has the capability to properly manage the contract during performance and complete the work on time.

5.3.1 The Offeror is to submit the following information: (1) Standard Form 1442, and acknowledgement of all amendments (2) proposal bid schedules, (3) representations and certification, and (4) most recent Financial Statement. In Volume II, Offerors shall also submit the required pre-award information, which includes but is not limited to:

(a) A list of present commitments, including the dollar value thereof. Include names and telephone numbers of personnel within the organization who are familiar with company’s performance. For a newly formed Joint Venture (JV), each JV partner must submit a list of present commitments.

(b) The bid on this solicitation exceeds $1,000,000.00; therefore, the Offeror shall also submit a certified statement listing: (1) each contract awarded to the Offeror within the preceding three month period exceeding $1,000,000.00 in value with a brief description of the contract; and (2) each contract awarded to the Offeror within the preceding three year period not already physically completed and exceeding $5,000,000.00 in value with a brief description of the contract.

(c) Bid Bonds as required by Section 00 70 00.

(d) Organizational Conflicts of Interest (OCI) Disclosure: The Offeror shall provide a disclosure statement with its proposal that concisely describes all the relevant facts concerning any past or present OCIs relating to this solicitation. If applicable, in the same statement, the Offeror shall provide information to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after award of this contract, the Contracting Officer will make a decision on whether or not to terminate the contract. If no conflicts of interest exist, the Offeror shall provide a statement stating no Conflicts of Interest exist.

(e) Pricing (proposal bid schedule).

5.3.2 Financial Statement. Submit a copy of your most recent financial statements. The statements must include a Balance Sheet and Income Statement. Include the names of banks or other financial institutions with which business is conducted (mailing addresses, points of contact and phone number). If the financial statements are more than 60 days old, attach a certificate stating that the financial condition is substantially the same, or if not the same, describe the changes which have taken place since the financial statements were prepared. Provide evidence of adequate financing arrangements, such as commitments from lending institutions, etc., to perform this contract. This information will be treated confidentially but may be checked for verification.

5.3.3 Price Breakdown Requirements (Only to be provided upon request). The Government may request a “price breakdown” of the bid items. The format of the breakdown will be left up to the Offeror. However, at a minimum, provide pricing for the major categories of work, i.e., site improvements, landscaping, electrical, and mechanical, etc. This information will not be needed sooner than three working days after the proposal submission due date.

The price breakdown information may be required for the initial proposals and, if requested, for any revised proposals.

(Attachment 1)

PROPOSAL DATA SHEET

Also include the required, completed and signed SF33 in addition to this Proposal Data Sheet. Include in both Volumes I and II.

1. Name of Solicitation:

2. Offering Firm’s Name As Appears on the SF33:

Offering Firm’s DUNS number as it appears on the SF33:

2a. If applicable, Offering Firm’s Joint Venture (JV) Individual Member (whether prime or key subcontractor) Information:

JV Member 1 Name & DUNS:

JV Member 2 Name & DUNS:

3. Mailing Address:

4. Telephone Number:

5. Fax Number:

6. E-mail Address to use for all correspondence:

7. AUTHORIZED NEGOTIATORS. Far 52.215-11. The Offeror represents that the following person(s) are authorized to negotiate on its behalf with the Government in connection with this solicitation.

List name(s), title, and telephone numbers of authorized negotiator(s).

Name of Person(s) Authorized to Negotiate:

Negotiator’s Address:

Negotiator’s Telephone:

Negotiator’s E-mail:

End of Attachment 1

(Attachment 2)

RELEVANT COMPANY EFFORT

The Offeror shall provide the following information for each project submitted for Factor 1, Past Performance. Use separate sheets for each project.

1. Company Name: _______________________________________________________

2. Name of Project: ____________________________________________________

Type of Project (DB/DBB/Program/Planning/Other):_____________________

3. Location of Project: ________________________________________________

4. Project Owner: ______________________________________________________

5. General Scope of Project (Include type DB/DBB/Other):

6. Your Role (Prime, Joint Venture Partner, or Subcontractor, etc.) and type work your company self-performed other than construction management services: _______________________________________________________________

7. Total Cost/Fabrication cost for this project: _______________________

8. Extent and type of work you subcontracted: __________________________

9. Contract Period: Start Date: ________________

Completion/Scheduled Completion Date: ________________ (Provide Month/Year)

10. Were You Terminated or Assessed Liquidated Damages? _________________

(If either is “Yes”, attach an explanation)

End of Attachment 2

(ATTACHMENT 3)

Part 1 of 2

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…