A.07.23_W9127N-17-R-0043.pdf

REQUEST FOR PROPOSAL

W9127N-17-R-0043

CITY OF PORTLAND

MULTNOMAH COUNTY, OREGON

OAKS BOTTOM WILDLIFE REFUGE

TIDAL RESTORATION PROJECT

PROJECT MANUAL

TOC-1

OAKS BOTTOM WILDLIFE REFUGE TIDAL RESTORATION PROJECT

CITY OF PORTLAND

MULTNOMAH COUNTY, OREGON

TABLE OF CONTENTS

00010 SOLICITATION, OFFER, AND AWARD (SF 1442)

SF 30 INFORMATION ON AMENDMENT: NOT USED

00010 PRICE SCHEDULE

00100 INSTRUCTI0NS TO BIDDERS

00600 REPRESENTATION AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

GENERAL AND TECHNICAL SPECIFICATION REQUIREMENTS

ATTACHMENTS

A1: Submittal Register (ENG FORM 4288-R)

A2: Transmittal Form (ENG FORM 4025-R)

A3: Construction Project Identification Sign

A4: Spill Emergency - Initial Report Form

A5: Oregon Wage Rates

A6: Contaminated Media Report

A7: Supplementary Bathymetric Data

A8: Combined Geotechnical Report

A9: Non-park Use of Park Property (NPUP)

A10: City of Portland Greenway Permit

A11: Department of State Lands 404 Joint Application Fill/Removal Permit

A12: Nationwide Permit Documentation

A13: Offeror's Experience Form

A14: Past Performance Questionnaire

TITLE: Oaks Bottom Wildlife Refuge Tidal Restoration Project

LOCATION OF PERFORMANCE: City of Portland, Multnomah County, Oregon

MAGNITUDE OF CONSTRUCTION: Betw een $1,000,000 and $5,000,000

SOCIO-ECONOMIC: Total Small Business Set-Aside

RYAN S SHOEMAKER

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-2017

(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 _________________________52.211-10AltI

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 ______________31 Jul 2017 (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 _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204-3440

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)

FAX:TEL: TEL: FAX:

W9127N-17-R-0043 50

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

Mobilization and Demobilization in accordance with the contract documents.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Culvert Installation

FFP

Culvert Installation in accordance with the contract documents.

FOB: Destination

NET AMT

00010-3

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

Channel Construction

FFP

Channel Construction in accordance with the contract documents.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

Landscaping

FFP

Landscaping in accordance with the contract documents.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job OPTION Recreational Structures

FFP

Recreational Structures in accordance with the contract documents.

FOB: Destination

NET AMT

00010-4

TOTAL PROPOSED PRICE

TOTAL PROPOSED PRICE FOR ALL LINE ITEMS $___________________

NOTICE TO OFFERORS

Offerors are notified that the Government is currently in the process of obtaining environmental permits to allow for the completion of this project. Offerors are notified that they are not entitled to recover expenses associated with preparing a proposal for this solicitation from the Government in the event that the Government is required to cancel this solicitation.

00010-5

Section 00100 - Bidding Schedule / Instructions to Bidders

INSTRUCTIONS TO OFFERORS

1. BASIS FOR AWARD.

A. General.

(1) This solicitation is a competitive total small business set-aside acquisition using Lowest Price Technically Acceptable (LPTA) source selection process for the award of a firm fixed-price contract.

Award will be made on the basis of 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.

2. SUBMISSION OF PROPOSALS AND EVALUATION.

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 is 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

00100-1 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. Offerors 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 fifty (50) pages total.

The evaluation panel for the Government will 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.

(3) English Language Requirement.

In order for the proposal to be considered, it MUST be prepared in ENGLISH.

B. Content of Proposals.

All proposals must be prepared in two volumes: a technical proposal (Volume I), 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. Offerors 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 three (3) copies and one (1) pdf. file on a CD-ROM. Volume I shall consist of information for the two (2) factors, listed in tabular form, as noted below. The technical proposal (Volume I) must not contain reference to price. The narrative and content structure of the proposal shall follow the format shown under Volume I below.

Volume I – Technical (Non-Price) Factors and Sub-factors:

Tab 1 – Factor 1 – Experience

Tab 2 – Factor 2 – Past Performance

Tab 3 – Factor 3 – Schedule

(2) Price Proposal, Volume II: Provide one (1) original and one (1) pdf. file on a CD-ROM. Provide pricing and complete all line items on Standard Form 1442 (SF 1442). The Price Proposal must be prepared in accordance with the following and must include:

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

00100-2

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 Offerors.

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. Accordingly, the offeror shall provide contact information (company name, point of contact, address, email address, 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.

C. Submission of Proposals.

Proposals must arrive at the location designated in the solicitation 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.

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: Ryan S. Shoemaker – CECT-NWP-C

OR SURFACE MAIL ADDRESS:

U. S. ARMY CORPS OF ENGINEERS, NWP

P. O. Box 2946 Portland, OR 97208-2946 Attention: Ryan S. Shoemaker – 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.

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

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

Solicitation No. W9127N-17-R-0043 Proposal Due Date:

Number of each amendment that has been received:

3. EVALUATION FACTORS.

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

FACTOR 1 (TAB 1) – Experience

Submission Requirements:

00100-3

The offeror shall submit information for up to three projects that demonstrate the offeror’s experience performing work similar in size, scope, and complexity to the work required by this solicitation.

Information submitted for each project must include the information outlined in Attachment A13, Offeror’s Experience Form.

To be evaluated, each project must have been completed or must be substantially complete within 10 years of the date that proposals are due. Substantially complete is defined as being 75% complete by the date that proposals are due. If an offeror submits a project that it represents as “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 projects will be evaluated. If an offeror disregards these instructions and submits more than three projects, only the first three projects will be evaluated.

NOTE: It is up to the offeror to demonstrate in its proposal that it meets the minimum evaluation criteria outlined below. Therefore, offerors must 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.

Use of Subcontractors: The offeror may use the experience of a committed subcontractor to demonstrate the offeror’s experience. However, if an offeror chooses to use a subcontractor’s experience to demonstrate its experience, the offeror shall include a letter of commitment with its proposal, signed by an authorized official of the subcontractor, indicating that the subcontractor is committed to completing the scope of work it is proposed to complete.

The Government may consider past experience information regarding predecessor companies and key personnel who have relevant experience.

Evaluation Method:

The Government will evaluate up to three projects to determine if the offeror meets or exceeds the minimum requirements of the solicitation. Experience will be rated on an “acceptable” or “unacceptable” basis using the ratings stated in Table 1:

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.

Acceptable: To be determined “acceptable,” the offeror’s proposal must collectively demonstrate that the offeror (or its committed subcontractor) has performed the following:

1) Installed two or more open bottom culverts, each with a span equal to or greater than 10 feet (this may be demonstrated through more than one project);

2) Used precast concrete footings for at least one open bottom culvert that has a span equal to or greater than 10 feet; and

3) Performed Stream Channel Restoration* for a continuous stream channel section equal to or greater than 1,000 feet.

a) *Stream Channel Restoration is defined as operations that altered an existing stream channel to provide a stream channel that reflects the natural stream channel. Examples include but are not limited to adding sinuosity to a straight section of stream or river, cuts or fills within

00100-4 stream bankfull to provide flood plain access or prevent erosion, or the placement of woody debris to provide for aquatic organism habitat.

Offerors may meet the acceptability criteria listed above through a combination of up to three (3) projects submitted, as long as all acceptability criteria are demonstrated by the offeror’s proposal submitted under Factor 1.

Unacceptable: The offeror’s proposal fails to clearly demonstrate that the offeror has met the acceptability criteria as outlined above.

FACTOR 2 (TAB 2) – Past Performance

Submission Requirements:

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

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the offeror shall submit it with the proposal.

If there is not a completed CPARS evaluation, the offeror shall submit a Past Performance Questionnaire (PPQ) for the project. Do not submit a PPQ when a completed CPARS is available.

o 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 A14), which will provide contract and client information for the respective project(s).

o 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, Ryan S. Shoemaker, via email at Ryan.S.Shoemaker2@usace.army.mil prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

o 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 the offeror’s 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 procurements. 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 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:

00100-5

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 three aspects to the past performance evaluation: recency, relevancy, and quality.

The first aspect is to evaluate the recency of the offeror’s past performance projects. For this solicitation, recent projects are those projects completed or substantially completed (as defined above) within ten years of the date that proposals are due.

The second aspect is to determine how relevant the Offeror’s past performance projects are to the solicitation requirements. For this solicitation, relevant projects are those that demonstrate the accomplishment of at least one of the acceptability criteria as outlined in Factor 1: Experience.

The third aspect of the past performance evaluation is to determine how well the contractor performed on its past performance projects. 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.

Based on a consideration of those three aspects, the Government will evaluate Factor 2 – Past Performance on an “acceptable” or “unacceptable” basis using the ratings stated in Table 2:

Table 2. Past Performance Acceptable/Unacceptable Rating Method

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.”

FACTOR 3 (TAB 3) – Schedule

Submission Requirements:

The offeror shall submit a schedule, in Gantt chart format, for completing the work within the timeframes described in the solicitation requirements. At a minimum, the schedule shall include the following:

1. Critical path;

2. Contractual milestones described in 52.211-10, Commencement, Prosecution, and Completion of

Work;

3. Mobilization;

4. Demobilization;

5. Closeout submittals;

6. In water work window as specified in Section 01 10 10.00 25;

7. Railroad Closure as specified in Section 01 10 10.00 25; and

00100-6

8. The following major features of work:

a. Site Preparation (including tree protection measures and erosion control installed);

b. Material Delivery Dates;

c. Excavation;

d. Culvert Erection;

e. Wing wall/Retaining wall construction;

f. Stream Channel Restoration; and

g. Provide Final As-Built drawings and O&M’s.

The offeror is strongly encouraged to use the above terminology when developing the schedule. Use of the above terminology will reduce uncertainty during the Government’s evaluation.

Evaluation Method:

The Government will evaluate proposals under this factor on an “acceptable” or “unacceptable” basis using the ratings stated in Table 1:

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.

Acceptable: To be determined “acceptable,” the offeror’s schedule must:

Be in a Gantt chart format; and Address all the work items required in the submission requirements above. Additionally, all work items must:

o Be in a logical sequence;

o Have realistic durations; and o Be within the timeframes described in the solicitation specifications, to include completion of work during the line outage period and in water work window.

Unacceptable: The offeror’s schedule fails to meet the acceptability criteria as outlined above.

Volume II – Price Proposal Evaluation Method:

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.

BIDDER INQUIRY INFORMATION

BIDDER INQUIRIES

(All inquiries regarding this solicitation are to be submitted via ProjNet-Bid. Telephone and email inquiries will not

00100-7 be accepted. ProjNet-Bid is a web-based program that allows offerors to post questions regarding the solicitation, and to view all questions by other offerors, and answers by the U.S. Army Corps of Engineers.

ProjNet-Bid can be accessed through the ProjNet website: https://www.projnet.org/projnet/.

To access the ProjNet-Bid website the first time:

1) Register.

2) Click Quick Add Key. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key: MDY8N9-4XZ67K

Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only)

Establish secret question and answer which will be used as a password (required on first project only)

4) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet-Bid Module 00100.

5) 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.

6) For a specific step-by-step for POSTING YOUR INQUIRIES, is available in the Reference link on the Contract Viewer.

7) For questions about the ProjNet-Bid, please contact the Call Center help desk. The contact information is listed on the ProjNet website.

No response will be posted to inquiries after the Close of Business on the third 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 OCT 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

00100-8

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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(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)

CLAUSES INCORPORATED BY FULL TEXT

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.

(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

4.5% 6.9%

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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 the city of Portland located in Multnomah County, Oregon.

(End of provision)

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.

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(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.

(End of provision)

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 at least twenty percent (20%) of the bid price but shall not exceed $3,000,000.00.-

(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.

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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: CECT-NWP (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.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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 10 July 2017.

(c) Participants will meet at the corner of SE Spokane Street and SE Grand Avenue at 455 SE Spokane Street, Portland, OR 97214.

(d) Offerors are required to RSVP by close of business 7 July 2017 in order to attend the site visit. The following information should be submitted to Ryan S. Shoemaker, Contract Specialist at Ryan.S.Shoemaker2@usace.army.mil and James R. Adams, Project Manager at James.R.Adams@usace.army.mil:

Name of person attending site visit;

Company Name;

Phone Number;

E-mail Address; and U.S. Citizen? (Y / N)

Personally Identifiable Information will be very closely held in accordance with Army policy.

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(e) USACE will not be blocking off any designated parking. Street parking will be available on a first come, first served basis. Offerors are asked to not park on any private property, including the parking lots designated for Oaks Amusement Park and the Oregon Yacht Club.

(f) Offerors are advised to expect to walk approximately 1.2 miles from the meeting location to the end of the project work limits.

(End of provision)

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.

(End of provision)

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):

Federal Acquisition Regulation: http://farsite.hill.af.mil/vffara.htm

Defense Federal Acquisition Regulation Supplement: http://farsite.hill.af.mil/vfdfara.htm

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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 Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

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

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

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(4) The Government has marked the record “Active.”

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

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be…