W9127N24R0002 DRAFT SPECIFICATIONS 2024-02-07.pdf

SOLICITATION

W9127N24R0002

The Dalles Dam Wasco County, Oregon Klickitat County, Washington

OIL ACCOUNTABILITY MEASURES

Project Manual

BACKCHECK

TOC-1

THE DALLES OIL ACCOUNTABILITY

THE DALLES DAM

WASCO COUNTY, OR

KLICKITAT COUNTY, WA

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: 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: Hazardous Energy Control Program

A6: The Dalles Boat Restricted Zone (BRZ)

A7: Washington Davis Bacon Wage Rates

A8: Oregon Davis Bacon Wage Rates

A9: Flowmeter Technical Datasheets

00 72 00 GENERAL CONDITIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

PROJECT: THE DALLES OIL ACCOUNTABILITY MEASURES

LOCATION: Wasco County, Oregon and Klickitat County, Washington

MAGNITUDE OF CONSTRUCTION: betw een $1,000,000 and $5,000,000.

SOCIO-ECONOMIC: Unrestricted (full and open)

ANDREA K SMOTHERS 503-808-4600

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 (RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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 ______________ (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

(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:

W9127N24R0002 57

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

CLIN TOTALS

SUBTOTAL FOR MANDATORY LINE ITEMS $_____________________________________

TOTAL FOR ALL LINE ITEMS $_____________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Mobilization and Demobilization

FFP

FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Calibration of GFE Flow Meters

FFP

FOB: Destination

NET AMT

00 10 00-3

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

Main Unit 10 Control

FFP

Instrumentation and Piping Equipment Install FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

Main Unit 16 Control

FFP

Instrumentation and Piping Equipment Install FOB: Destination

MFR PART NR: N036

PSC CD: N036

00 10 00-4

0005 1 Job

Station Service Unit 1 Control

FFP

Instrumentation and Piping Equipment Install FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 1 Job

Fish Unit 1 Control

FFP

Instrumentation and Piping Equipment Install FOB: Destination

MFR PART NR: N036

00 10 00-5

0007 1 Job

Oil Storage Room

FFP

(Level 1, El 30) Control, Instrumentation and Piping FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 1 Job

Oil Purification Room

FFP

(Level 1, El 30) Control, Instrumentation and Piping FOB: Destination

MFR PART NR: N036

00 10 00-6

0009 1 Job

East/West Supply Header

FFP

3rd Floor El 76.5/90.0 Piping Equipment Install FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 1 Job

Oil Storage Tank Magnetostrictive Sensor

FFP

FOB: Destination

MFR PART NR: N036

00 10 00-7

0011 1 Job

Networking/PLC Equipment Install -Part 1

FFP

FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 1 Job

Networking/PLC Equipment Install -Part 2

FFP

FOB: Destination

MFR PART NR: N036

PSC CD: N036

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 1 Job

Electrical Spare Parts

FFP

FOB: Destination

MFR PART NR: N036

00 10 00-8

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

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

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

00 10 00-9

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7009 Proposal Adequacy Checklist MAR 2023 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

(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 offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of 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 ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

00 21 00-1

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 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.

00 21 00-2

(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)

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

00 21 00-3

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20% (percent) of the bid price or $3,000,000.00, whichever is less.-

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

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

(End of provision)

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

U.S. ARMY CORPS OF ENGINEERS

ATTN: CONTRACTING OFFICER (Clinton Jacobsen)

PO BOX 2946

PORTLAND, OR 97208

(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)

(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:

Date: DD Month YYYY Time: TBD (PDT)

00 21 00-4

(c) Participants will meet at: The Dalles Lock and Dam Project 6th Floor Conference Room, I-84 Exit 88, The Dalles, OR 97058

(d) Additional site visit requirements:

(1) All prospective offerors intending to attend the site visit must send an RSVP to:

Andrea Smothers, Contract Specialist at: andrea.k.smothers@usace.army.mil, and Name, Technical Lead, at email address, before DD Month YYYY July 2022 at Time (PDT) with the following information:

(i) Company name

(ii) Number of attendees

(iii) Name of each attendee

(iv) Citizenship of each attendee (Only U.S. citizens will be permitted to attend.)

(2) The following safety gear is required at the site: Steel toed boots, Hardhats, Safety Vests, Safety Glasses.

(3) 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.

(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: https://www.acquisition.gov/browse/index/far Defense Federal Acquisition Regulation Supplement: https://www.acquisition.gov/dfars Army Federal Acquisition Regulation Supplement: 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 00-5

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

A. Proposal Inquiries

All inquiries regarding this solicitation are to be submitted via ProjNet-Bid at https://www.projnet.org/projnet/.

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.

No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet –Bid prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out. The Bidder Inquiry Key for this solicitation is: J4US4I-EC232U

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 for this solicitation Valid business contact information

Submit questions or review questions and answers. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

For questions about the ProjNet-Bid, access the help tab on the ProjNet website.

B. Basis for Award

1. This is an unrestricted (full and open) competitive acquisition using Best Value Tradeoff (BVTO) source selection procedures in accordance with FAR Part 15. The Government intends to award a single, firm-fixed price construction contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the evaluation factors in the solicitation. Offerors shall submit a technical and past performance proposal and a priced proposal. The evaluation results of the non-price and price proposals will determine an awardee. The Past Performance factor is approximately equal to price.

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

3. All proposals received will stand alone and be considered complete and final. Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. 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. Elaborate proposals, color brochures, and other excesses are discouraged. The offeror’s technical proposal will be incorporated into the awarded contract.

4. Joint Ventures (JV). A joint venture is defined as follows: a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements such as “teaming agreements” or “strategic alliances” which are not recognized as bona fide joint ventures for the purposes of this solicitation. A company that is part of a joint venture shall submit a legally binding joint venture agreement. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. If submitting a proposal as a joint venture, the past performance of each of the joint venture partners can

00 21 16-1 be submitted for the joint venture entity. The past performance for each joint venture partner will be considered the past performance of the joint venture entity. Page and project form limits apply to the joint venture as a whole.

Prospective offerors that submit proposals may not change their firm (including Letters of Commitment (LOC) and proposed subcontractors) or their Joint Venture firms, if selected to submit Final Proposal Revisions (FPR), if applicable.

C. Evaluation Factors

FACTOR 1 – Past Performance

1. Each offeror’s past performance will be reviewed to determine relevancy and confidence assessment. Submit information for four (4) substantially complete projects that demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by this solicitation. Each project must be completed or be substantially completed within the last ten (10) years from solicitation issue date.

a) “Substantially complete” is defined as having completed more than 75% of the project work 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 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 will not evaluate the project for relevancy.

b) Additionally, offerors must have self-performed at least 15% of the direct contract labor (including testing and layout personnel), exclusive of other general condition or field overhead personnel, material, equipment, or subcontractors in order for a submitted project performed by the offeror to be considered similar in scope.

2. A maximum of four (4) projects will be evaluated. If an offeror disregards these instructions and submits more than four projects, only the four projects will be evaluated. Offerors should describe each project with enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below.

3. Instructions on the use of subcontractor past performance: Offerors may use the past performance of subcontractors. If the offeror submits past performance of a subcontractor, the offeror must submit a letter of commitment from the subcontractor on the letterhead of the firm to be subcontracted. The letter of commitment must be signed by an authorized individual from the subcontractor that is proposed to perform the work. If a letter of commitment is not submitted, the past performance will not be considered.

FACTOR 2 – Price: The resulting award will be a firm-fixed-price construction contract. Price reasonableness will be utilized in the evaluation of the Firm-Fixed-Price effort.

D. Evaluation Method

1. Past Performance Factor. The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts.

a) Evaluation of past performance shall be in accordance with this plan utilizing the forms and questionnaires in the Appendix.

b) The Government will focus its inquiries on the offeror’s (and major subcontractor’s) record of performance as it relates to all solicitation requirements, including cost, schedule, performance, and management of subcontractors. For the purposes of this SSP/Requirement, major subcontractors are defined as members of an offeror’s overall team who are expected to perform 15 percent or more of the proposed effort. A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process. Therefore, offerors are reminded to include the most recent and relevant efforts (within the past 10 years) in their proposal. Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be

00 21 16-2 reasonably assigned, the offeror will be assigned a “neutral confidence rating” and its proposal will not be evaluated either favorably or unfavorably on past performance. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State, or Local government or commercial contracts for same or similar services as compared to NAICS 238210 – Electrical Contractors and Other Wiring Installation Contractors.

c) Submit information for four (4) substantially complete projects that demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by this solicitation. Each project must be completed or be substantially completed within the last ten (10) years from solicitation issue date. The Government may consider a wide array of information from a variety of sources but is not compelled to rely on all of the information available.

d) The past performance factor considers each offeror’s demonstrated recent and relevant record of performance in successfully completing work similar to the contract requirements. There are three aspects to the past performance evaluation: recency, relevancy, and quality.

(1) RECENCY: The first aspect is to evaluate the recency of the offeror’s past performance. Recency is generally expressed as a time period during which past performance references are considered relevant and is critical to establishing the relevancy of past performance information.

(2) RELEVANCY: The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated; however, the following criteria (see Table 2) will be used to establish what is relevant, which shall include similarity of service/support, and complexity.

Table 2 - Past Performance Relevancy Ratings Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

In assessing the relevancy of the offeror’s past performance, the Government will consider the following:

• The extent to which a submitted project involved installation of electronic networking equipment including, at a minimum, fiber optic and ethernet systems.

• The extent to which a submitted project involved installing Rockwell equipment with a certified Rockwell integrator.

• The extent to which a submitted project involved installation, calibration, and commissioning of oil and gas metering instruments.

• The extent to which a submitted project involved mechanical installation of piping and tubing systems of refined oil products.

• Experience in working in active power generation facilities, specifically working on power generation controls enclosures, governor systems, annunciation and 125VDC controls, plc integration, installation of

00 21 16-3 equipment on steam or hydropower generators focusing on instrumentation of oil flooded babbitt bearings, and oil sensing equipment.

• Experience with work involving multiple phases (more than 2).

(3) QUALITY ASSESSMENT: The third aspect assesses the overall quality of the offeror’s past performance.

Documented results from Past Performance Questionnaires, interviews, CPARS, and other sources form the support and basis for this assessment.

e) Performance Confidence Assessment: Utilize the Performance Confidence Assessment (see Table 3 below) to select the most appropriate confidence level for each offeror. Ensure the rationale for the conclusions reached are included.

TABLE 3 - Performance Confidence Assessments Rating Definition

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

2. Price Factor. Adjectival ratings shall not be used for offerors’ Price proposals. The Government will fully evaluate and negotiate all priced Contract Line Item Numbers (CLINs) for award. For award purposes, the total proposed price for all CLINs will be added together into a total sum (contract value). The evaluation of all option CLINs will not obligate the Government to exercise any option. The offeror’s Price proposal will be evaluated as follows.

a) FFP Evaluation. For a price to be fair and reasonable, it must represent a price to the Government that a prudent person would pay in the conduct of competitive business. The offeror’s proposed fixed-price CLINs may be evaluated using one or more of the techniques described in FAR 15.404-1 in order to determine if they are fair and reasonable.

b) Overall Price Proposal Evaluation: The overall Price proposal will evaluated for the following:

(1) Compliance: The Price proposal submitted by the offeror will be evaluated for compliance based upon the submission requirements contained in the Price Volume instructions.

(2) Unbalanced Pricing: The offeror’s overall Price proposal will be evaluated for unbalanced pricing as defined in FAR 15.404-1(g). An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government (see FAR 15.404-1(g)(1) through FAR 15.404- 1(g)(3)).

00 21 16-4

(3) Errors: The offeror’s Price proposal will be reviewed for errors. The offeror may be given an opportunity to clarify certain aspects of their proposal at the sole discretion of the Contracting Officer. Such clarifications will be conducted pursuant to FAR 15.306(a).

(4) Total Evaluated Price: The Total Evaluated Price consists of summing the offeror’s proposed firm-fixed-price CLIN prices to include all option CLINs.

E. Content and Submission of Proposals

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

a) General Proposal Format. The proposal shall be in electronic Portable Document Format, filename extension “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the proposal table of contents.

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.

Table of Contents. Each volume of the proposal shall contain a detailed and complete table of contents.

Submissions. PDF 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. The use of hyperlinks in proposals is prohibited.

All information must be confined to the appropriate volume. Each volume of the proposal is expected to contain a table of contents, summary section with a brief abstract of the volume, and the narrative discussion.

b) 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. Page limitations for each of the non-price factors are listed within the individual factor descriptions.

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.

c) English Language Requirement. In order for a proposal to be considered, it MUST be prepared in ENGLISH.

2. Content of Proposals: All proposals must be prepared in volumes as indicated. 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. Only the Price Volume will contain pricing information. The narrative and content structure of the proposal shall follow the format shown below. Offerors that fail to submit a complete proposal may be excluded and thus receive no further consideration for award.

The following volumes of material shall be submitted:

00 21 16-5

Volume Title

I Past Performance

II Price

a) VOLUME I – Past Performance. Submit information for a four (4) substantially complete projects that demonstrate the offeror’s experience performing projects similar in size, scope, and complexity to the work required by this solicitation. Each project must be completed or be substantially completed within the last ten

(10) years from solicitation issue date. For each project submit the following information:

(1) Information outlined in Attachment A, Offeror Experience Form. The offeror must address all items included in Attachment A. The offeror may submit no more than two (2) pages per project, totaling a maximum of eight

(8) pages. If more than two (2) pages are submitted for a project, only the first two (2) pages will be evaluated.

Include whether your firm participated as a prime, subcontractor, or joint-venture, and state percentage performed and whether performed as subcontractor or prime. Specifically describe your roles and responsibilities in the design/construction portion of the project and specific tasks accomplished that are similar to the solicitation requirement.

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

(3) 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.

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 B), 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, David Boone, david.c.boone@usace.army.mil and Andrea Smothers, Andrea.K.Smothers@usace.army.mil, via email at 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 e-mail confirmation upon receipt. If the offeror does not receive the confirmation, it is their responsibility to follow up to ensure the government has received the information.

Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other 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, whether the project was submitted by the offeror or is a project that the offeror did not submit but for which there is a CPARS evaluation, 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 (Past Performance Information Retrieval System) including CPARS (Contractor Performance Assessment Reporting System), using all CAGE/UIC (Commercial and Government Entity Code/ Data Universal Numbering System) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate)

00 21 16-6 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, trends of negative performance, and any other performance information that may negatively impact the offeror’s Confidence rating.

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.

b) VOLUME II –Price. 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.

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 00 10 00, 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 00 45 00 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 a 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. See FAR 52.228-1 – Bid Guarantee. Submit one (1) scanned copy of the completed Bid Bond, Standard Form 24. Corporate sureties must appear on the list contained in the Department of Treasury list at: https://fiscal.treasury.gov/surety-bonds/list-certified-companies.html. This item is not rated. However, the Government will review the bid bond for legal sufficiency. Any bid bond found to be legally insufficient may render an offer ineligible for award.

3. Submission of Proposals: Proposals are due no later than the time and date established in Block 13, SF 1442.

There will not be a public proposal opening.

a) Each volume shall be submitted via email to David Boone, david.c.boone@usace.army.mil and Andrea Smothers, Andrea.K.Smothers@usace.army.mil. Offerors should enter a description for every file submitted.

For files over 20 megabytes (MB) the offeror shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e. “one of four”). Once all the emails submitted have been received, the Government will confirm receipt via return email.

If an offeror submits multiple proposals, the Government will only consider the last proposal submitted prior to the due date and time.

b) The electronic proposal shall be in Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the table of contents.

00 21 16-7

c) Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

d) To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus-free. Proposals, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

e) The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission (mailing a bid guarantee is not allowed).

00 21 16-8

Section 00 45 00 - Representations and Certifications

52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

MAY 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China

AUG 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Certification

DEC 2022

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $45,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the…