LPSWAS16_Advertise.pdf

REQUEST FOR PROPOSAL

W9127N-16-R-0028

BONNEVILLE LOCK AND DAM, NORTH BONNEVILLE,

WASHINGTON

LAMPREY PASSAGE STRUCTURES

WASHINGTON SHORE FISH LADDER

PROJECT MANUAL

TOC-1

PROJECT TITLE: Columbia River Lamprey Passage Structure Developments and Improvements

LOCATION: Bonneville Dam, Washington Shore Fishladder

MAGNITUDE OF CONSTRUCTION: $1,000,000.00 to $5,000,000.00

SOCIO-ECONOMIC: Small Business Set Aside

DANIEL J ELLIS 503-808-4603

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

22-Jun-2016

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10ALT1

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Jul 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour) Sealed envelopes containing offers

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

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

503-808-4605FAX:TEL: 503-808-4612 TEL: FAX:

W9127N-16-R-0028 106

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Mobilization and Demobilization

FFP

FOB: Destination

NET AMT

0002 1 Job

LPS Structural

All work on the SA101, SA102, SA103, SA104, and SF drawings.

00010-3

0003 1 Job

LPS Mechanical

All work on the MD, MW, MF, MR, MU, and ME mechanical drawings.

0004 1 Job

Electrical and Controls

All work on the electrical draings.

0005 1 Job

OPTION LFS Upgrades

All work on the SA201, SA202, MP, ML drawings.

00010-4

0006 1 Job

OPTION Minor Modificaitons

All work on the SD, SO, SP, SR, ST, SW drawings.

00010-5

Section 00100 - Bidding Schedule / Instructions to Bidders

BASIS FOR AWARD

BASIS FOR AWARD.

A. General

(1) The solicitation is restricted to small businesses using Lowest Price Technically Acceptable (LPTA) source selection process for the award of a firm-fixed-price contract. Award will be made at the lowest evaluated price of proposals meeting or exceeding the acceptable standards for non-cost factors. This acquisition will utilize FAR Part 15 LPTA source selection procedures, leading to selection of the proposal representing the best value to the Government.

(2) The Government intends to make an award without discussions, but reserves the right to conduct discussions should discussions prove to be necessary or advantageous to the Government. Because the Government does not intend to hold discussions Offeror’s are encouraged to include their best pricing in their initial proposal.

(3) In the context of this proposal, the “offeror” refers to the proposed prime contractor. A major subcontractor is defined as a subcontractor that the offeror proposes to perform 25% or more of the work required under the solicitation.

(4) All proposals received will stand alone and be considered complete and final. The evaluation board will not consider any information or data incorporated by reference or otherwise referred to. The successful offeror will be selected solely on the basis of the evaluation factors set forth below. Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. Elaborate proposals, color brochures, and other excesses are discouraged.

(5) Joint Ventures (JV) A joint venture is defined as follows: a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements such as “teaming agreements” or “strategic alliance” which are not recognized as bona fide joint ventures for the purposes of this solicitation. A company that is part of a joint venture shall submit a legally binding joint venture agreement. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. If submitting a proposal as a joint venture, the experience and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Page and project form limits apply to the joint venture as a whole. Prospective Offeror’s that submit proposals may not change their firm (including Letters of Commitment (LOC) and proposed subcontractors) or their Joint Venture firms, if selected to submit Final Proposal Revisions (FPR).

B. Evaluation Ratings

(1) The principle objective of the evaluation process is to make award of a contract to the responsible Offeror whose proposal is determined to be the “best value” to the Government, price and other factors considered. An evaluation of acceptability will be performed on each proposal in accordance with FAR 15.101-2, Lowest Price Technically Acceptable Source Selection Process. Award will be made on the basis of the low evaluated price of proposals meeting the acceptability standards of non-cost factors. Tradeoffs are not permitted. The failure of a proposal to meet any of the acceptability standards for non-cost factors will result in a technically unacceptable rating and thus preclude award.

00100-1

(2) A Technical Proposal will be rated as ‘Acceptable’ or ‘Unacceptable’ based upon whether it demonstrates the minimum requirements of the RFP.

Table 1. TECHNICAL Acceptable/Unacceptable RATINGS

RATING DESCRIPTION

Acceptable

Proposal meets the requirements of the solicitation.

Unacceptable

Proposal does not meet the requirements of the solicitation.

Table 2. Past Performance Acceptable/Unacceptable Rating Method

Adjectival Rating DESCRIPTION

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note above)

Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

5. SUBMISSION OF PROPOSALS

A. Administrative Details and General Instructions: Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442.

(1) General Proposal Format. Submit each copy of the proposal in tabbed, 3-ring binders with a “D” ring or locking closures.

Title Page. Each copy must include the Offeror’s name and address, phone number and email address, title of the solicitation, solicitation number and date of submittal clearly identified on the front cover of the binder.

Table of Contents. Each binder of the proposal shall contain a detailed table of contents. The complete table of contents shall be included in each binder.

Printed Matter Submissions. Pages containing text are expected to be 8 ½ x 11 inches with at least one-inch margins at the top, bottom, and both sides. Paragraphs should be separated by at least one blank line. A standard 11-point font in either Arial or Times New Roman fonts are required.

Organization charts or schedules. A folded 11” x 17” format may be used. Larger format drawings or tables may be added by folding them to fit within the binder.

All information must be confined to the appropriate volume. If the materials do not fit within a single volume, they should be separated in additional binders, but clearly identified as such. Each volume of the proposal is expected to contain a table of contents, summary section with a brief abstract of the volume, and the narrative discussion.

00100-2

THE OFFEROR SHALL SUBMIT AN ELECTRONIC VERSION OF EACH PROPOSAL. The electronic version shall be on a readable CD. Any discrepancies between the electronic and paper copies shall give precedence to the paper copy.

(2) Proposal Content Limitations.

The Offeror must confine the proposal to relevant information and documentation sufficient to provide an adequate basis for evaluation. Offeror’s are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal. The page count is at the discretion of the offeror, however the proposal may not be more than 25 pages total.

The evaluation panel for the Government is instructed to evaluate the non-price proposal factors on the basis of the information provided. Extraneous information provided in the proposals will not be considered in the evaluations; therefore, the offeror should only provide information that satisfies the solicitation requirements. Merely restating the specifications without sufficient elaboration demonstrates a lack of understanding of the requirement.

DO NOT cross reference past performance information. It is acceptable to repeat data, project information or experience in more than one non-price area as long as it satisfies the requirements of the factor.

Proprietary information must be clearly marked.

B. Content of Proposals: All proposals must be prepared in two (2) volumes: A technical proposal (Volume I) and a price proposal (Volume II). Each of the volumes shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical proposal must not contain reference to price. The narrative and content structure of the proposal shall follow the format shown in the table for Volume I below. Offeror’s who fail to submit a complete proposal may be excluded and thus receive no further consideration for award.

(1) Technical Proposal, Volume I: Provide one (1) original and four (4) copies and one (1) pdf. file on a CD-ROM. Volume I shall consist of information for the three (3) factors listed in tabular form, as noted below. Repeating or restating the specifications without sufficient elaboration will be determined to show a lack of understanding of the requirement.

Volume I – Technical (Non-Price) Factors:

Factor 1: Experience

Factor 2: Past Performance

Factor 3: Schedule

(2) Price Proposal, Volume II: The Price Proposal shall be submitted on one (1) original copy and one

(1) pdf. file on a CD-ROM. Contractors shall provide pricing and complete all line items on Standard Form 1442 (SF 1442). Your price proposal must be prepared in accordance with below paragraphs and must include:

Tab 1 - SF1442, Solicitation, Offer, and Award.

The SF1442 shall be filled out completely by the offeror and signed by an official that is authorized to bind the company. The Offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30 or Block 19 of SF1442.

Tab 2 – Section 00010, Proposal Price / Bid Schedule.

The Offeror shall fully complete this section.

00100-3

Tab 3 - Representations, Certifications and other Statements of Offeror’s.

The Offeror shall complete all representations and certifications in Section 00600 and also ensure current registration and completed/updated Annual Representations and Certifications on the System for Award Management (SAM) website, www.sam.gov.

Tab 4 – Banking and Bonding Points of Contact.

The Government is required to determine Contractor’s responsibility; the Offeror shall provide contact information (company name, point of contact, address, email, and phone number) for the Offeror’s bank and bonding institutions.

Tab 5 - Bid/Offer Guarantee. The Bid Bond shall be at least 20% of the bid price, but shall not exceed $3 million. See FAR Clause 52.228-1 – Bid Guarantee.

C. Submission of Proposals: Proposals must arrive at the location designated in the RFP for receipt of such proposals prior to the time and date established in Block 13, SF 1442. There will not be a public proposal opening. In order for the proposal to be considered, it MUST be prepared in ENGLISH, and must be submitted as a hardcopy original (Volume I and II) and four (4) copies (Technical Volume I only) with the required electronic CD-ROM:

BY HAND OR COURIER TO:

U. S. ARMY CORPS OF ENGINEERS, NWP

Block 300 (10th Floor USACE Security Desk) 333 SW First Avenue Portland, Oregon 97204 Attention: Daniel J. Ellis – CECT-NWP-C

OR SURFACE MAIL ADDRESS:

U. S. ARMY CORPS OF ENGINEERS, NWP

P. O. Box 2946 Portland, OR 97208-2946 Attention: Daniel J. Ellis – CECT-NWP-C

NOTE: E-MAIL SUBMISSIONS WILL NOT BE CONSIDERED. If the electronic CD-ROM proposal differs from the hard copy, the hard copy will take precedence.

OFFEROR SHALL MARK THE OUTSIDE ENVELOPE(S) AS FOLLOWS:

Envelope(s) shall be plainly marked with the following information:

Solicitation No. W9127N-16-R-0028 Proposal Due Date: ____________________________________

Number of each amendment that has been received: _________

6. EVALUATION FACTORS

Volume I – Technical (Non-Price) Submission Requirements and Evaluation Method:

FACTOR 1 – Experience

Submission Requirements:

The Offeror shall submit information for a maximum of two (2) projects that demonstrate the Offeror’s experience fabricating, installing, and/or modifying aluminum structures welded in accordance with American Welding Society (AWS) D1.2. Information submitted for each project must include the information outlined in Attachment B, Offeror’s Experience Form.

To be evaluated, projects must have been completed within five years of the date that proposals are due and be projects valued over $1,000,000.00. Substantially complete is defined as being 75% complete by the date that

00100-4 http://www.sam.gov/ proposals are due. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

A maximum of two (2) projects will be evaluated. If an offeror disregards these instructions and submits more than two projects, only the first two projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess whether the projects submitted meet the minimum evaluation criteria outlined below.

Evaluation criteria:

Experience will be rated on an “acceptable” or “unacceptable” basis.

Acceptable: To be determined “acceptable,” the offeror’s proposal must demonstrate that the Offeror has experience fabricating, installing, and/or modifying aluminum structures welded in accordance with AWS D1.2 and valued over $1,000,000.

Unacceptable: The offeror’s proposal fails to demonstrate experience fabricating, installing, and/or modifying aluminum structures welded in accordance with AWS D1.2 and valued over $1,000,000.

Table 1. TECHNICAL Acceptable/Unacceptable Rating Method

Adjectival Rating DESCRIPTION

FACTOR 2 - PAST PERFORMANCE

Submission Requirements:

The offeror shall provide past performance information for each project listed by the offeror under Factor 1:

Experience. Recent and relevant projects are those projects completed or substantially completed ** within the past five years of the date that the proposals are due that are comparable in size, scope, and complexity with this requirement.

** Substantially completed is defined as having completed more than 75% of the project work at the time proposals are due.

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal. Do not submit a PPQ when a completed CPARS is available.

Completed PPQs should be submitted with your proposal if a CPARS evaluation is not available. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment A), which will provide contract and client information for the respective project(s). Offeror’s should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Daniel Ellis, via email at daniel.j.ellis@usace.army.mil prior to proposal closing date. The Offeror shall instruct the clients to refer to the solicitation number in the subject line. The PPQs are Source Selection materials. All successfully submitted PPQs will receive an email confirmation upon receipt. If the offeror does not receive the confirmation, it is their responsibility to follow up to ensure the Government has received the information.

00100-5 mailto:daniel.j.ellis@usace.army.mil

Offeror’s shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted past performance information in the past performance evaluation.

Offeror’s may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review other sources of information for evaluating past performance.

Other sources may include, but are not limited to, past performance information retrieved through the PPIRS, including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s),FAPIIS, telephone interviews with organizations familiar with the Offeror’s performance, Government personnel with personal knowledge of the Offeror’s performance capability, and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Evaluation Method:

Past Performance will be rated on an “Acceptable” or “Unacceptable” basis.

The past performance evaluation results is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the project outlined in the solicitation requirements.

There are two aspects to the past performance evaluation. The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the project.

The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The Government will evaluate the offeror’s past performance to ensure previous work performance satisfactorily met the contract requirements, performance schedules, prescribed quality of work, safety requirements, and other customer expectations on these projects.

The Government reserves the right to obtain or verify offeror’s past performance information from references and other sources available to the Government.

Past performance under Factor 2 shall be evaluated using the following rating of an “acceptable” or “unacceptable” basis using the ratings stated in Table 2:

Table 2. PAST PERFORMANCE EVALUATION RATINGS

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See note below.)

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

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

FACTOR 3 – Schedule

00100-6

The offeror shall demonstrate its ability to plan, organize, and manage the project and schedule.

Submission Requirements:

The offeror shall submit a proposed Gantt chart for this project that accounts for the In-Water Work (IWW) Period, Final Construction Physical Completion, and Contract End Date contractual milestones. The proposed schedule shall include incidental design, fabrication, shop testing, delivery, assembly/disassembly, installation, and testing.

Evaluation criteria:

Schedule will be rated on an “acceptable” or “unacceptable” basis.

Acceptable: To be determined “acceptable,” the offeror’s proposed schedule must account for the In-Water Work (IWW) Period, Final Construction Physical Completion, and Contract End Date contractual milestones and includes incidental design, fabrication, shop testing, delivery, assembly/disassembly, installation, and testing.

Unacceptable: The offeror’s proposed schedule fails to account for the In-Water Work (IWW) Period, Final Construction Physical Completion, and Contract End Date contractual milestones and does not include incidental design, fabrication, shop testing, delivery, assembly/disassembly, installation, and testing.

TECHNICAL Acceptable/Unacceptable RATINGS

Volume II - Price.

Price Evaluation

Award will be made on the basis of the lowest evaluated price (sum of all CLINs) of proposals meeting or exceeding the acceptability standards for non-cost factors.

The Price Proposal will be evaluated to determine fairness and reasonableness. For evaluation purposes, the total evaluated price will be calculated by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

INQUIRIES

00100-7

All inquiries regarding this solicitation are to be submitted via email to Mr. Daniel J. Ellis at daniel.j.ellis@usace.army.mil and Ms. Barbara V. Byam at Barbara.V.Byam@usace.army.mil. Telephone inquiries will not be accepted. A confirmation email, acknowledging receipt of the inquiry will be sent back. Once an inquiry is evaluated, the inquiry and response will be sent via return e-mail.

No response will be provided to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses prior to bid submission.

Nothing in the solicitation is changed unless an amendment is sent out.

CLAUSES INCORPORATED BY REFERENCE

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

00100-8

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) 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 offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. 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.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

00100-9

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is

00100-10 included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's

00100-11 best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

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(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 45 calendar days of the final contract completion date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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

2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

3.8% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Skamania County, Washington

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be Twenty percent of the bid price or $3,000,000.00 whichever is less.-

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

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

Payment for Materials Delivered Off-Site

(a) Pursuant to FAR 52.232-5, Payments Under Fixed Price Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site shall be limited to:

(1) Materials required by the technical provisions; or

(2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor’s title to the items delivered off site. Payment for materials delivered off-site shall be limited to the following items: [List specific material items to be considered for payment when off-site delivery is made]

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…