B.08 Solicitation (W9127N23R0032) - BNSGRSP23_SPECS_ADVERTISE_PHASE I.pdf

SOLICITATION

W9127N23R0032

Bonneville Dam North Bonneville, Skamania County, Washington

SPILLWAY GATE REPAIR PIT UPGRADES

TWO-PHASE DESIGN BUILD SOLICITATION - PHASE I

Project Manual

TOC-1

BONNEVILLE DAM SPILLWAY GATE REPAIR PIT UPGRADES

TWO-PHASE DESIGN BUILD SOLICITATION - PHASE I

NORTH BONNEVILLE, SKAMANIA COUNTY, WASHINGTON

TABLE OF CONTENTS

00 10 00 SOLICITATION, OFFER, AND AWARD FORM (SF 1442)

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

GENERAL AND TECHNICAL SPECIFICATION REQUIREMENTS

ATTACHMENTS

A1: Davis Bacon Wage Rates

00 72 00 GENERAL CONDITIONS

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

00 21 16 INSTRUCTIONS TO PROPOSERS

Project Title: Bonneville Dam Spillw ay Gate Repair Pit Upgrades This acquisition is for a Firm-Fixed-Price (FFP) Design-Build (DB) construction project entitled “The Bonneville Dam Gate Repair Pit Upgrades”.

This project w ill be aw arded using the Best Value Trade Off (BVTO) source selection process (Federal Acquisition Regulation (FAR) Part 15) and the tw o-phase DB selection procedures (FAR 36.3).

Location: Skamania County, Washington

NAICS: 237990 - Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45,000,000

Magnitude of Construction: $5,000,000.00 to $10,000,000.00

Socio-Economic Considerations: Total Small Business Set-Aside

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

03-Oct-2023

(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 mandatory, negotiable. (See _________________________52.211-10 Alt

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________03 Nov 2023 (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 of fers 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

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9127N23R0032 67

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 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Design

FFP

- Spillway Gate Repair Pit Improvements

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Mobilization and Demobilization

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

00 10 00-3

0003 1 Job

Demolition

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

Architectural Improvements

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job

Structural Improvements

FFP

FOB: Destination

00 10 00-4

0006 1 Job

Mechanical Improvements

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Job

Fire Protection Improvements

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 1 Job

Electrical Improvements

FFP

FOB: Destination

00 10 00-5

0009 1 Job

Asbestos Survey

FFP

FOB: Destination

PSC CD: Z2KA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1 Job OPTION Demolition

FFP

Demolition, Haul, and Disposal of Turbine Intake Screens FOB: Destination

PSC CD: Z2KA

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

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

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

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

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

00 10 00-6

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

00 10 00-7

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

1. SCOPE

1.1. You are invited to submit a proposal in response to our Request for Proposal W9127N23R0032 for the Bonneville Spillway Gate Repair Pit Upgrades. As a result of this solicitation, the Government intends to award a single Firm Fixed Price (FFP) contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. The basis of award is best value trade-off; therefore, the Government has the right to accept other than the lowest offer or to reject any and all offers. This solicitation will be conducted in two phases with Phase I proposals evaluated on the factors of Past Performance (Prime and A/E Designer of Record) and Technical Approach for Design/Build. Following completion of the evaluation of Phase I, up to a maximum of five (5) most highly qualified offerors will be selected to participate in Phase II. Proposals for Phase II will be evaluated on the following factors: Design Narrative, Schedule Narrative, and Price. The rating information for Phase I will not be considered in Phase II.

1.2. This solicitation is set-aside 100% for small businesses.

2. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

2.1 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 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.

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

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 is: I98V7A-CWI2ES

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

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

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

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 are then available for all other bidders to review.

6) A specific step-by-step set of instruction 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.

00 21 00-1

2.3 No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date.

2.4 All bidders will be held to have reviewed the questions and responses in ProjNet-Bid prior to bid submission.

Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

2.5 Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

3. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

3.1. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted at https://www.sam.gov.

3.2. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

4. WAGE DETERMINATION

4.1 The Construction Wage Rate Requirements, formerly known as Davis Bacon Wage Rates, are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are included in section 00 73 00.

4.2 In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of the solicitation, the most current wage determination is in effect. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes.

If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404- 5(c)(4) will apply.

4.3 Applicable wage rates can be found at SAM.gov.

5. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

6. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 00 21 00, 00 21 16, 00 21 16, 00 21 18, 00 22 16, 00 22 18 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

7. DISPOSITION OF UNSUCCESSFUL PROPOSALS

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals. The Government will destroy extra copies of unsuccessful proposals. No destruction certificate will be provided.

End of Section 00 21 00

00 21 00-2

CLAUSES INCORPORATED BY REFERENCE

52.228-1 Bid Guarantee SEP 1996

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

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

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

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

00 21 00-3

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

00 21 00-4

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

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

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

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

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

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

(f) Contract award.

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

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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.

00 21 00-5

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price Design-Build Construction contract resulting from this solicitation.

(End of provision)

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.

00 21 00-6

(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% (All Counties)

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 Skamania County, Washingtion

00 21 00-7

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

Andrea K. Smothers Contracting Officer (CECT-NWP) Portland District, Corps Of Engineers 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)

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 THIS INFORMATION WILL BE REVISED FOR PHASE II.

(c) Participants will meet a Bonneville Dam located at:

Exit 40, I-84 Bonneville Lock and Dam Cascade Locks, OR 997014

Requirements:

There will be only one site visit offered. Offerors planning to attend must register for this site visit by sending an email to the following individuals:

o Andrew Sprys (Andrew.J.Sprys@usace.army.mil) o Andrea Smothers (Andrea.K.Smothers@usace.army.mil)

Hard hats and steel-toed boots are required.

Please observe all posted speed limits while at the project.

In order to attend the site visit each individual participant’s registration must be received by: THIS

INFORMATION WILL BE REVISED FOR PHASE II.

Site visit attendees must provide the following information:

o Solicitation Number W9127N23R0032 o Project Title: BON Spillway Gate Repair Pit Upgrades o Name(s) of individual(s) attending site visit:

o Name of Company:

o Phone Number:

o Email Address:

o Are all individuals U.S. Citizens?

**Non-U.S. citizens may attend this site visit if they have a valid Foreign Visitor Authorization

(FVA).

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

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Each individual must have picture identification on his/her person while at the project site. There can be no substitutions of one individual for another. If an individual arrives at the site visit without having called ahead of time and/or without picture identification, that individual may not be allowed on the project.

Participants of the scheduled site visit must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version) in accordance with Section 5, “Personal Protective and Safety Equipment.” It is the responsibility of the participants to wear personal protective and safety equipment as required by this regulation. Failure to comply could result in denial of access to site visit location.

(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 (FAR): https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS): https://www.acquisition.gov/dfars

Army Federal Acquisition Regulation Supplement (AFARS): https://www.acquisition.gov/afars

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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.

00 21 00-9

Section 00 21 16 - Instructions to Proposers

PHASE I PROPOSAL PREPARATION

SECTION 00 21 16 PHASE I PROPOSAL PREPARATION INSTRUCTIONS

SUBMISSION REQUIREMENTS AND INSTRUCTIONS

A. PHASE I PROPOSAL SUBMISSION

1. Phase I Proposal Preparation Instructions

1.1. These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section 00100, FAR Provision 52.215-1, Instruction to Offerors – Competitive Acquisition.

1.2 Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award.

1.3 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein.

However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's capability for successfully completing the solicited project. Requirements stated in this Request for Proposal (RFP) are minimums. Proposals should follow in the order of sequence set forth in the RFP. Information provided out of sequence may not be evaluated and may result in the offeror’s disqualification from award.

2. Phase I Proposal Format

2.1 Electronic Files: Files shall be in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

2.2 File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W9127N23R0032-FIRMNAME -VOLUME I

• W9127N23R0032-FIRMNAME -VOLUME II

2.3 File Organization: Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 fold-outs, etc.) will be counted as two pages. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

3. Phase I Proposal Content

3.1 Offerors are required to submit a proposal consisting of the information identified in paragraphs 3.3 and 3.4 below. All proposal materials shall be submitted with a table of contents and appropriate file names. The sections should parallel the submission requirements identified herein.

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3.2 The Government is using a two-phase procurement approach for this design/build project. For Phase I, offerors are required to submit a proposal consisting of the information identified in paragraphs 3.3 and 3.4 below. All proposal materials shall be submitted in with a table of contents and appropriate file names. Phase I proposal sections should parallel the submission requirements identified herein.

3.3 Volume I for Phase I shall be submitted electronically and include the following information:

Tab A: Introductory Page Tab B: Standard Form 1442 Tab B: Joint Venture Agreements Tab C: Evidence of Ability to Obtain Bonding & Proof of Financial Ability

3.4 Volume II for Phase I shall be submitted electronically and include the following information:

• Factor 1: Past Performance o Prime Contractor o A/E Designer of Record (DOR)

• Factor 2: Technical Approach for Design/Build o Subfactor 1 – Capability o Subfactor 2 – Roles and Responsibilities o Subfactor 3 – Communication Plan

NOTE: Phase I does NOT involve pricing submission. Failure to place the required submission information under the appropriate tab (factor or sub-factor) may result in a lower rating if the evaluators cannot readily find the appropriate information.

3.5 Each offeror’s proposal shall be submitted as set forth and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals, which do not include the requested minimum information, may be eliminated from further consideration for award.

4. Phase I Volume I Pro-Forma Document Contents:

4.1 Tab A – Introductory Page Content Requirements:

Provide an introductory page to include Cage Code, DUNS Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, and email addresses. Also, include your business socioeconomic status, e.g. small business, woman-owned small business, HUBZone small business, etc.

4.2 Tab B - Standard Form 1442 Content Requirements:

The offeror shall complete and submit Standard Form 1442 found in Section 00 10 00 of this solicitation. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102.

4.3 Tab C – Joint Venture Agreements Content Requirements:

Parties wishing to propose as a joint venture must submit, with the Volume I documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-

00 21 16-2 in one party is not a small business may be referred to the Small Business Administration (IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

4.4 Tab D – Evidence of Ability to Obtain Bonding and Proof of Financial Ability Content Requirements:

a) Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address, and telephone number of offeror's banking institution.

b) Bonding Capability. Submit information showing offeror's ability to be bonded for this project. Include the name, address, and telephone number of the offeror's bonding company.

5. Phase I Proposal Volume II – Factor 1 Past Performance Contents:

5.1 Prime Contractor Submission Requirements:

5.1.1 Provide descriptions of up to three (3) projects substantially complete or completed by the Prime Contractor within the last ten (10) years from the solicitation issue date that are similar to this project in size and scope. Projects completed more than ten (10) years before the solicitation issue date may be considered for evaluation purposes but may lessen the overall relevancy rating for that project. The definition of a “substantially complete” project is project which has more than 75% of the project work completed at the time of proposal submission. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the Government should consider the project which is “substantially 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 not evaluate the project for relevancy or quality as part of the offeror’s past performance submission. An Indefinite Delivery Indefinite Quantity (IDIQ) contract may be submitted only if a single task order could be considered similar to this project. Task orders may not be combined in order for the project to be considered similar.

5.1.2 Projects considered similar in size would be between 1,000 and 10,000 Square Feet of industrial building renovation that incorporates work from three or more engineering disciplines such as architectural, electrical, mechanical, and/or structural. Projects that include exclusively new construction or larger square footage will result in a lower rating. Projects that are smaller in square footage will NOT be considered similar in size to the solicited project.

5.1.3 Projects considered similar in scope to this project include renovation of paint and powder coating facilities, marine blast and paint facilities, welding and fabrication facilities, aircraft or vehicle maintenance facilities, and other dam gate repair facilities that incorporates work from three or more engineering disciplines such as architectural, electrical, mechanical, and/or structural. Projects may also include new construction; however, project scope shall be at least 75% complete building renovation, measured in square footage. If replying with projects that are combined new and renovation construction, clearly delineate (based on square feet) the renovation versus new construction portion and percent (%) of the project.

5.1.4 The prime contractor must have self-performed at least fifteen percent (15%) of the direct contract labor (may include design, testing and layout personnel), exclusive of other general conditions or field overhead personnel, material, equipment, or subcontractors to receive any rating higher than Somewhat Relevant (though a Somewhat Relevant rating is not guaranteed), size, scope, recency, and additional considerations notwithstanding. Projects in which the prime contractor acted as a construction manager at risk, as opposed to a prime contractor, are considered to be Not Relevant.

5.1.5 Additional consideration will be given for projects that contain the following features:

a) Established, working relationship with the proposed DOR on prior Design/Build projects.

b) Design/Build projects.

c) Experience with Federal (e.g., DOD, NAVFAC, USACE) Design/Build Criteria (i.e., AT/FP, UFC, Specs Intact).

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5.1.6 Instructions on the use of subcontractors to demonstrate experience: Offerors may use the past experience of subcontractors to demonstrate experience; however no more than two (2) projects may be submitted for subcontractors. If the offeror submits experience of a subcontractor, the offeror must submit a letter of commitment from the subcontractor, signed by both the prime and subcontractor. If a letter of commitment is not submitted, the experience will not be considered.

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

5.1.8 If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available for the project outlined in Attachment A, 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. See Attachment B. Do not submit a PPQ when a completed CPARS is available. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, 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 points of contact:

Andrea K. Smothers, at andrea.k.smothers@usace.army.mil Andrew K. Sprys, at andrew.j.sprys@usace.army.mil

The offerors shall instruct the clients to refer to the solicitation number in the subject line. 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.

5.1.9 Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

5.1.10 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 (Past Performance Information Retrieval System) including CPARS, using all CAGE/DUNS (Commercial and Government Entity Code/Data Universal Numbering System) 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 (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases, 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. Past performance information retrieved through PPIRS, CPARS, or other sources are not subject to the same evaluation criteria but will instead be reviewed for recent negative performance, performance trends, and any other performance information that may impact the offeror’s Confidence rating.

5.2 A/E Designer of Record (DOR) Submission Requirements:

5.2.1 Provide descriptions of up to three (3) projects that have been constructed or for which construction is substantially complete within the last ten (10) years from the solicitation issue date that are similar in size (refer to 5.1.2) and scope (refer to 5.1.3). In order to be considered similar in size and scope, the proposed A/E firm must have been the DOR on the submitted project. The listed design firm must be used on the project. No deviations will be permitted unless approved by the Contracting Officer. Identification of more than one (1) design firm will result in an evaluation based on the least qualified firm as determined using the rating and evaluation criteria. Indicate any previous working relationship with the prime contractor.

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5.2.2 Additional consideration will be given for the DOR projects that contain the following features:

a) Design/Build projects.

b) Established, working relationship with the Prime Contractor on prior Design/Build projects.

c) Experience with Federal (e.g., DOD, USACE) Design/Build Criteria (e.g., AT/FP, UFC, Specs Intact, United Facilities Guide Specifications).

NOTE: For purposes of evaluating past performance, the Prime Contractor is defined as the contractor identified in Block 14 of the Standard Form 1442. If more than one contractor is listed in Block 14, then a signed joint venture must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM).