A.07.23_Solicitation_W9127N-16-R-0070.pdf

REQUEST FOR PROPOSAL

W9127N-16-R-0070

FALL CREEK DAM, LANE COUNTY, OREGON

FALL CREEK REGULATING OUTLET

REHABILITATION

PROJECT MANUAL

TOC-1

NAME OF PROJECT: FALL CREEK REGULATING OUTLET GATE REHABILITATION

LOCATION OF PROJECT: FALL CREEK DAM, LANE COUNTY, OREGON

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

SOCIO-ECONOMIC CONSIDERATION: 100% 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

29-Jul-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 _______10 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 _________________________52.211-10 ALTI

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 __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________30 Aug 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-0070 54

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 DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Mobilization and Demobilization

Job

Funded:

0002 Fabricate New

Upstream Bulkhead

0003 Dewater RO

Conduits

Dewater RO Conduit No. 1

0004 Replace RO

Gates

Replace RO Gates in Conduit No. 1

0005 Repair Gate

Slots, Seals, and Sill Plate

Repair Gate Slot Frame and Seals for Conduit No. 1

0006 Replace

Hydraulic System

Replace Hydraulic Piston, Gate Stem, and Stem Nut for Conduit No. 1

0007 Inspect

Hydraulic Cylinder and Bonnet

Inspect Hydraulic Cylinder and Bonnet Cover for Conduit No. 1

0008 Dewater RO

Conduit No. 2

Dewater RO Conduit No. 2

0009 Replace RO

Gate No. 2

Replace RO Gates in Conduit No. 2

0010 Repair Gate

Frame and Seals

Repair Gate Slot Frame and Seals for Conduit No. 2

0011 Replace

Hydraulic Piston and Gate Stem

Replace Hydraulic Piston, Gate Stem, and Stem Nut for Conduit No. 2

0012 Inspect

Hydraulic Cylinder and Bonnet

Inspect Hydraulic Cylinder and Bonnet Cover for Conduit No. 2

0013 Replace

Power System

Replace Hydraulic Power System

0014 Electrical and

Controls

Electrical and Controls

0015 Replace

Cylinder

0015AA Replace

1 Each

OPTION Funded:

0015AB Replace

0015AC Replace

0015AD Replace

0016 Replace Bonnet

Cover

0016AA Replace Bonnet

0016AB Replace Bonnet

0016AC Replace Bonnet

0016AD Replace Bonnet

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) Offerors shall submit a technical proposal, and a price proposal. The evaluation results of the non-price and price proposals will determine an awardee. In order to be considered awardable, the offeror’s proposal must receive an “acceptable” rating in every non-price factor.

(3) 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 Offerors are encouraged to include their best pricing in their initial proposal.

(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. EVALUATION FACTORS

FACTOR 1 – Experience

The purpose of this factor is to determine the offeror’s relevant experience in performing the requirements of this solicitation.

Submission Requirements:

The Offeror shall submit information for a maximum of (3) projects that best demonstrates the offeror’s experience performing work similar in size, scope, and complexity to the work described in the solicitation. 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 or must be substantially complete 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 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 three (3) projects will be evaluated. If an offeror disregards these instructions and submits more than three projects, only the first three 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:

Acceptable: To be determined “acceptable,” the offeror’s proposal must demonstrate that the offeror has experience performing the following:

Fabricating and installing Hydraulic Steel Structures* on a project at least substantially complete within five years of the date proposals are due and on a project valued over $1,000,000.;

and

Installing or modifying hydraulic power units on a project at least substantially completed within five years of the date proposals are due and on a project valued over $1,000,000.

*For purposes of this RFP, Hydraulic Steel Structures are defined as miter gates, vertical lift gates, tainter gates, stoplogs, and bulkheads fabricated in accordance with AWS D1.5.

Unacceptable: The offeror’s proposal fails to demonstrate experience fabricating and installing Hydraulic Steel Structures that are used to control the flow of water on a project valued over $1,000,000 and substantially completed within five years of the date that proposals are due. The offeror’s proposal fails to demonstrate experience installing or modifying hydraulic power units on a project valued over $1,000,000 and substantially completed within five years of the date that proposals are due.

Table 1. TECHNICAL Acceptable/Unacceptable RATINGS

RATING DESCRIPTION

Acceptable

Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable

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

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 five years of the date that proposals are due that are valued over $1,000,000 and that are similar in scope and complexity to the work within 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 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).

Offerors 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 offerors 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 e-mail 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.

Offerors 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.

Offerors 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 criteria:

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

RATING DESCRIPTION

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.”

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.

6. 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.

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

(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.

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 point of contacts.

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. Reference the clause.

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-0070 Proposal Due Date: ____________________________________

Number of each amendment that has been received: _________

BIDDER INQUIRIES

INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bid℠ . Telephone and email inquiries will not be accepted. ProjNet-Bid℠ is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bid℠ can be accessed through ProjNet℠ at https://www.projnet.org/projnet/

To access the ProjNet-Bid℠ website:

1. Click on the Quick Add.

2. Select USACE from the Agency menu.

3. How to retrieve information:

(a) Enter the following information for access:

(1) The Bidder Inquiry Key: D8PDJV-25B55P

(2) Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). Required for first time users.

(3) Establish secret question and answer which will be used as a password.

(b) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet- Bid℠ Module.

4. Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5. For additional step-by-step on how to gain access, please view Bidder_Inquiry_Instructions.pdf.

6. For questions about the ProjNet-Bid℠ , please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bid℠ questions can also be emailed to the helpdesk at staff@rcesupport.com.

NOTE: No response will be posted to inquiries after the Close of Business on the seven (7) business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bid℠ prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price construction contract resulting from this solicitation.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

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

(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 Fall Creek Dam, Lowell, Lane County, Oregon

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.

(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 20% percent of the bid price or $3,000,000 whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USACE-Portland District ATTN: CENWP-CT-C (Barbara V. Byam) P.O. Box 2946 Portland, Oregon 97208-2946

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for 15 August 2016, 10:00 A.M. In order to participate in the site visit you must contact Anil.Naidu@usace.army.mil and provide the following information:

1. Names of people who will be attending the site visit.

2. The Company they work for.

3. Date and place of birth of each person to be on site, and

4. Any other information he may need for security purposes.

To request participation, provide the names of attendees to Anil.Naidu@usace.army.mil no later than 24 hours before the scheduled visit. US citizenship is required. Please verify that attendees are US citizens.

(c) Participants will meet at--

1. Date: 15 August 2016

2. Time: 10:00 AM PST

3. Location: Fall Creek Dam, OR 97438

(d) Additional Requirements:

All prospective bidders must be United States Nationals.

All sites require long pants and closed toe shoes.

All sites will require hard hats, if you do not have a hard hat, the Corps shall supply hard hats at each location.

All attendees must bring a valid form of identification. State Identification, Drivers License, Passport, Common Access Card, are all acceptable.

No large bags or backpacks will be allowed in the powerhouses.

No photography will be allowed.

Those who do not arrive in time for the safety briefing will not be allowed to tour the facility.

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any Defense Federal Acqusition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00600 - Representations & Certifications

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

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

(A) Are ( ) are not ( ) presently…