HUB Matoc.pdf

SPECIFICATIONS

(Request For Proposal)

Solicitation No. W9128F-08-R-0025_

Multiple Award Task Order Contract

(MATOC)

for Construction Missouri River Recovery Program

Gavins Point Dam, SD to Missouri River near St. Louis, MO

May 2008

US Army Corps of Engineers Omaha District

Multiple Award Task Order Contract (MATOC) for Construction Missouri River Recovery Program

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACT REQUIREMENTS

00 11 00 SOLICITATION/CONTRACT FORM (SF 1442)

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 22 00 PROPOSAL SUBMITTALS AND EVALUATION

00 45 00 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00 CONSTRUCTION GENERAL

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 29 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01 45 04.00 10 CONTRACTOR QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

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

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See .)

X YES NO

12B. CALENDAR DAYS12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

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

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

NSN 7540-01-155-3212 1442-101

00010-1

STANDARD FORM 1442 (REV. 4-85)

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

W9128F-08-R-0025 13 MAY 2008 1 OF 2

U S ARMY ENGINEER DISTRICT, OMAHA

1616 CAPITAL AVENUE

OMAHA, NE 68102-1618

CT

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT)

1616 CAPITAL AVENUE

Omaha, Nebraska 68102-1618

STEPHANIE ROSTERMUNDT (402) 995-2083

The Offeror hereby agrees to do all the work described in these documents entitled:

Multiple Award Task Order Contract (MATOC) for Construction Missouri River Recovery Program

This project is restricted to HUBZone set aside program

RETURN WITH PROPOSAL: INFORMATION REQUIRED BY; SF1442;

SEE CONTRACT CLAUSES CLAUSE "PERFORMANCE AND PAYMENT BONDS".

* See Section 00 73 00 for contract duration ** See Section 00 22 00 for number of copies

10 *

** 2:00 pm 16 Jun 2008

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

00010-2

STANDARD FORM 1442 BACK (REV. 4-85)

DUNS Number:___________________________

Contractor’s Fax No._____________ CAGE CODE _________________ Contractor’s E-Mail address________________

U.S. Army Engineer District, Omaha 1616 Capital Ave Omaha, Nebraska 68102-1618

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

SECTION 00 21 00 PAGE 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

(6/07; Rev 3/08)

INDEX

Attachments: Required Central Contractor Registration Information From The Office Of Small Business Programs Suggested Model Subcontracting Plan

1 Missouri River Fish and Wildlife Recovery Program

2 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

3 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

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

5 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

6 PROPOSAL INFORMATION

7 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

8 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

9 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

10 SOLICITATION RESTRICTIONS

10.1 GENERAL CONTRACTOR

10.2 ESTIMATED CONSTRUCTION COST

10.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

10.4 RETURN ADDRESS REQUIREMENTS

11 INSTRUCTIONS TO OFFEROR

11.1 DEFINITIONS

11.2 AMENDMENTS TO SOLICITATIONS

11.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSAL

11.4 OFFER EXPIRATION DATE

11.5 CONTRACT AWARD

12 CHANGES PRIOR TO RECEIVING OFFERS

13 SMALL BUSINESS SIZE STANDARD.

14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

15 OFFEROR'S QUESTIONS AND COMMENTS.

15.1 PLAN HOLDER'S LIST

16 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

17 SOURCE SELECTION BOARD (SSB)

18 IOWA SALES AND USE TAX

19 TAXES - STATE OF SOUTH DAKOTA

19.1 EXCISE TAX

19.2 USE TAX

19.3 INFORMATION

20 NEBRASKA SALES AND USE TAX

SECTION 00 21 00 PAGE 2

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1 Missouri River Fish and Wildlife Recovery Program

The Missouri River Fish and Wildlife Recovery Program will recover Missouri River species provided protection under the federal Endangered Species Act (ESA) and the ecosystem on which they depend. It will also provide for mitigation of losses to fish and wildlife habitats specifically resulting from the construction and operation of the Missouri River Bank Stabilization and Navigation Project.

The Missouri River Fish and Wildlife Mitigation Project was originally authorized by Water Resources Development Act (WRDA) in 1986, and it was re-authorized by WRDA in 1999. With the 2007 WRDA, the Missouri River Fish and Wildlife Mitigation Project was combined with the Missouri River Biological Opinion and referred to as the Missouri River Fish and Wildlife Recovery Program (MRRP). The implementation of the MRRP will develop fish and wildlife habitat on 166,750 acres of existing public lands (state or other government owned) and land acquired from willing sellers. Both construction and operation of the project sites are at 100 percent Federal cost.

The Central Contractor Registry (CCR) website will be checked to assure that contractors’ status is current under the North American Industry Classification Code (NAICS) 237990, Other Heavy and Civil Engineering Construction.

2 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

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

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and

Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

SECTION 00 21 00 PAGE 3

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

3 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST ( http://assist.daps.dla.mil);

(2) Quick Search ( http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com ( http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the

Department of Defense Single Stock Point (DoDSSP) by—

(1) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-

Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins

Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile

(215) 697-1462.

4 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN

2004)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “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

SECTION 00 21 00 PAGE 4

be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

and

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

(3) Submission, modification, 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

SECTION 00 21 00 PAGE 5

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.

(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

SECTION 00 21 00 PAGE 6

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 contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

SECTION 00 21 00 PAGE 7

5 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

The Government will award up to four (4) Indefinite Delivery Contracts (IDC) in support of the Missouri River Fish and Wildlife Recovery Program. The contract awardees will compete for fixed-price task orders. See Section 00 73 00 Special Contract Requirements for minimum and maximum limits.

a. Task Order No. 0001, Langdon Bend Project

Task Order No. 0001, Langdon Bend Project is advertised simultaneously with this solicitation. Offerors who submit a proposal must propose on this task order in order to be considered for an award.

6 PROPOSAL INFORMATION

Drawings will be included in this Request for Proposal. Copies of the solicitation will be available on or about 13 May 2008. All solicitation documents will be posted to the FedBizOpps website https://www.fbo.gov/index?cck=1&au=&ck=.

All amendments will also be posted to this website. It shall be the contractor’s responsibility to check the website for any amendments. The offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation. There will be no public opening of the proposals received as a result of this solicitation.

6.1. Contractual and Technical Points of Contact:

Contractual:

US Army Corps of Engineers, Omaha District Stephanie Rostermundt, CENWO-CT-C 1616 Capital Avenue Omaha, NE 68102-1618

(402) 995-2083 – Phone stephanie.a.rostermundt@usace.army.mil – E-Mail

Technical:

Teresa Reinig, CENWO-PM-C Teresa.A.Reinig@usace.army.mil – E-Mail

(402) 995-2721 - Phone

NOTE: All questions and/or comments should reach the above referenced Contracting Office no later than 10 June 2008 prior to the date set for receiving proposals in order that they may be given consideration or actions taken prior to receipt of offers.

6.2. Proposal Expenses and Pre-Contract Costs

This Request for Proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

6.3. Method of Procurement

SECTION 00 21 00 PAGE 8

6.3.1. The U. S. Army Corps of Engineers, Omaha District, intends to conduct this acquisition by use of Competitive Source Selection Procedures under 100% HUBZone Set Aside Competition in accordance with the provisions set forth in the Request for Proposal (RFP). From this solicitation, the Government will award up to four (4) HUBZone Indefinite Delivery Contracts (IDC) in support of the Missouri River Fish and Wildlife Recovery Program. The contracts are scheduled for award on or about 21 July 2008. Awards will be made to the offerors submitting a proposal determined to be most advantageous to the Government; price, and other factors considered. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government using trade-off selection procedures as required by the DFARS using guidance as prescribed by AMC Pamphlet 715-3. It is strongly suggested that the provisions stated in the proposal information be fully studied prior to assembly of the proposal.

6.3.2. Note specifically that the offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this Request for Proposal does not constitute an award commitment on the part of the Government.

6.3.3. Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

6.3.4 The Government reserves the right to discuss aspects of proposals with offerors in the competitive range and to award a contract to other than the offeror submitting the lowest priced offer. Offerors are advised that the Government may make award without discussions, clarifications or any contact concerning the proposals received. Therefore, proposals should be submitted initially on the most favorable terms and price and technical standpoint. Do not assume that offerors will be contacted or afforded an opportunity to clarify, discuss, or revise their proposals.

6.4. Proposal Submittals

Mailed proposals shall be addressed to the location as indicated on Standard Form SF 1442. Hand carried proposals shall be delivered to the U.S. Army Corps of Engineers, Omaha District; ATTN: Stephanie Rostermundt, CENWO-CT-C; 1616 Capital Ave; Omaha, NE 68102-1618. At the time and date specified on Standard SF 1442.

The Packaging that contains the Proposals shall be marked:

Proposal for Solicitation W9128F-08-R-0025, DO NOT OPEN.

7 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 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 District Counsel, 106 South 15th Street, Omaha, Nebraska 68102-1618.

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

SECTION 00 21 00 PAGE 9

8 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the

Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

9 (FAR 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) Site Visit for Langdon Bend – Task Order No 0001

Time- 09:00 on Tuesday, 20 May 2008 Place- Plan to meet near the sheds on the left side on the road just past the Corps sign on the project site.

Directions from Nemaha, NE - From Hwy 67 turn left onto 648A Ave/ (Washington St.) and head east. At the fork in the road, continue on 648A Ave, heading north. Take a right onto the project site, Look for a Langdon Bend Corps project sign. Meet near the sheds on the left side of the road.

POC-Steven T. Rasmussen, (402)293-2511 or Steven.T.Rasmussen@usace.army.mil

10 SOLICITATION RESTRICTIONS

10.1 GENERAL CONTRACTOR

This solicitation is RESTRICTED to HubZone set aside.

10.2 ESTIMATED CONSTRUCTION COST

The estimated construction cost for Langdon - Task Order No 0001 is between

SECTION 00 21 00 PAGE 10

$1,000,000 and $2,500,000.

10.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISTION, subparagraph “(c) Submission, modification, revision, and withdrawal of proposals.” below for acceptable methods. Note: Electronic commerce or facsimile are not acceptable methods, unless indicated otherwise.

10.4 RETURN ADDRESS REQUIREMENTS

Offeror(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 106 South 15th Street, Omaha, Nebraska 68102-1618 if it does not contain a return mailing address. There will be no exceptions.

11 INSTRUCTIONS TO OFFEROR

11.1 DEFINITIONS

As used in this paragraph— “Discussions” are negotiations that occur that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “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.

11.2 AMENDMENTS TO SOLICITATIONS

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

11.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSAL

(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

SECTION 00 21 00 PAGE 11

(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.

If the Offeror uses a commercial carrier, they should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (1)(i) and (1)(ii) above.

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

(i) The solicitation number;

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

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

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

and

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

(3) The Offeror is responsible for submitting its proposal, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation, unless arranged otherwise with the Contract Specialist (Stephanie Rostermundt) identified in paragraph: OFFEROR'S QUESTIONS AND COMMENTS below.

(4) Proposals may be withdrawn by written notice received at any time before award.

(5) Offeror shall submit its proposal in response to this solicitation in English.

(6) The Offeror may submit modifications to its proposal at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offeror may submit a revised proposal 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.

11.4 OFFER EXPIRATION DATE

The proposal 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).

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11.5 CONTRACT AWARD

(1) The Government intends to award a contract for the entire contract, unless indicated otherwise.

(2) The Government may reject the proposals if such action is in the Government’s interest.

(3) 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.

12 CHANGES PRIOR TO RECEIVING OFFERS

The right is reserved, as the interest of the Government may require, to revise the specifications and/or Request For Proposal drawings prior to the date set for receiving offers. Such revisions will be announced by an amendment or amendments to this Request For Proposal. It shall be the responsibility of the prospective offeror, subcontractor or supplier to obtain copies of amendments from the website link for this project from FeDTeDS via http://www.fbo.gov/.

13 SMALL BUSINESS SIZE STANDARD.

The small business size standard for this procurement is $31 million in gross annual receipts for the preceding 3 fiscal years.

14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

In accordance with Sector 23 of the NAICS Manual, the work in this solicitation is assigned classification code 237990.

15 OFFEROR'S QUESTIONS AND COMMENTS.

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to: U.S. Army Corps of Engineers, Omaha District, ATTN:

CENWO-CT-C 106 South 15th Street, Omaha, NE 68102-1618. Comments should reach this office no later than 20 calendar days prior to the date set for receiving of proposals, if feasible, in order that changes, if needed, may be added by amendment. E-mail addresses, FAX numbers, items for question and points of contact are listed below. Phone calls with questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday.

Note: A courtesy copy of all questions shall be sent to the Contract Specialist (Contractual Matters Point of Contact), the Program Manager and the Specifications Section (Technical Contents Points of Contact), except for Small Business questions. Small Business questions shall go to the Small Business Matters point of contact.

Items for Question Points of Contact/ E-mail Addresses Phone numbers/ FAX Numbers

Contractual Matters: Stephanie Rostermundt Stephanie.A.Rostermundt@usace.army.mil

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402-995-2083 (phone) 402-221-4199 (Fax) Bid Results (See Paragraph AVAILABILITY OF BID RESULTS, below)/ Receipt of Bids

Planholder's List See paragraph: PLAN HOLDER'S LIST, below.

Small Business Hubert Carter hubert.j.carter@usace.army.mil Matters 402-995-2910 (phone)

Technical Contents Teresa Reinig Teresa.A.Reinig@usace.army.mil Of Plans and 402-995-2721 (phone) Specification Or

Specifications Marylee.F.Stobbe@usace.army.mil Section Marylee Stobbe 402-995-2184(Phone)

Site Inspection See Paragraph: SITE VISIT (CONSTRUCTION), above

15.1 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, Federal Business Opportunities has these features available (www.fbo.gov.)

For a solicitation, go to www.fbo.gov and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the “Add me to Interested Vendors” for the solicitation.

16 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

See Section 00 22 00 PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS, AND

EVALUATION.

17 SOURCE SELECTION BOARD (SSB)

The Contracting Officer has established a Source Selection Board to conduct an evaluation of each proposal received in response to this Solicitation. The evaluation will be based exclusively on the merits and content of the proposal and any subsequent discussion required. The identities of the SSB personnel are confidential, and any attempt by the proposers to contact these individuals is prohibited.

Note: In addition to the requirements of FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES the following known taxes are applicable.

SECTION 00 21 00 PAGE 14

18 IOWA SALES AND USE TAX

The Contractor shall be responsible for payment of Iowa Sales and Use taxes with respect to all materials used under this contract. Section 00 73 00:

SPECIAL CONTRACT REQUIREMENTS, clause "IOWA SALES AND USE TAX," requires the Contractor to furnish to the Contracting Officer the statement required by Section 422.45 (7a), Iowa Code annotated, and to include in subcontracts and purchase orders a clause insuring submission of the statement by first-tier subcontractors and suppliers and their subcontractors and suppliers.

Telephone: (515) 281-3114 (Department of Revenue).

19 TAXES - STATE OF SOUTH DAKOTA

19.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

19.2 USE TAX

Government furnished construction material used by the Contractor in the performance of the work is subject to use tax. The value of the material furnished is set forth in the SECTION 00 73 00, SPECIAL CONTRACT REQUIREMENTS clause "Government-Furnished Property."

19.3 INFORMATION

The "excise" and "use" taxes shall be included in the price or prices bid.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311.

20 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt and the tax must be included in the amount bid. Telephone: (402) 595-2065 (Department of Revenue-Omaha).

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REQUIRED CENTRAL CONTRACTOR REGISTRATION (CCR)

Register Now: Don’t wait until you submit an offer on a solicitation. You must be registered to receive the contract award. It can often take 30 days for CCR to process your registration information.

Register One of Three Ways:

Internet: http://www.ccr.gov

Value Added Network (VAN) for EDI users:

Contact your VAN for information. If you need to find a VAN look at http://www.acq.osd.mil/ec/ecip/van_list.htm

FAX or Mail: Call (888)227-2423 or (616)961- 4725 to receive a registration package. FAX or mail the completed information to the CCR Assistance Center. It can take up to 30 days to process a faxed or mailed package.

CCR Assistance Center 74 Washington Street North, Suite 7 Battle Creek, MI 49017-3084

FAX: (616)961-7243

SECTION 00 21 00 PAGE 16

ATTACHMENT #1

INFORMATION FROM THE OFFICE OF SMALL BUSINESS PROGRAMS

Participation of the Small Business Community (SBC)

This part implements the section of the solicitation related to the Participation of Small Business Concerns as Prime Contractors and Subcontractors. It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business, veteran owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, herein referred to as the Small Business Community (SBC); members of the Small Business Community (SBC), or SBC members.

Eligibility requirements for participating as a member of the Small Business Community (SBC)

1. To be eligible for membership, a concern must represent itself as a small business, veteran-owned small business, service-disable veteran-owned small business, HUBZone small business, small disadvantaged business, or woman-owned small business concerns.

2. To represent itself as a member of the SBC, the concern must meet the appropriate definition as indicated at the solicitation clause 52.219-8 Utilization of Small Business Concerns and documented at Federal Acquisition Regulation (FAR) Parts 2.1 and 19.001.

Definitions:

1. Small Business Concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on government contracts, and qualified as a small business under the criteria and size standards in 213 CFR Part 121 – Small Business Size Regulation. The term, hereafter referred to as the “Small Business Community (SBC)”, encompasses the following members:

a. Small Business Concern (SB)

b. Small Disadvantaged Business Concerns (SDB)

c. Historically Underutilized Business Zone SB (HubZone)

d. Service-Disabled Veteran Owned SB (SDVOSB)

e. Veteran Owned SB (VOSB)

f. Woman owned SB (WOSB)

g. Historical Black Colleges & Minority Institution (HBCU/MI)

1. Other than Small Business Concerns are all other entities including Large Business Concerns, State and local governments, Non-profit organizations, Public Utilities, Educational institutions and foreign-owned firms that are awarded federal contracts for performance within the United States.

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2. Prime Contractor for the purpose of this solicitation refers to Small

Business Community members and “Other than Small”

3. “Small Business Subcontracting Goals” represents the minimum level for small business performance in the indicated small business category.

4. Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

5. Good Faith Effort entails evidence that an “Other than Small” concern has provided maximum practicable opportunity for SBC members by complying with its subcontracting plan, subcontracting responsibilities with supporting documentation prescribed by 13 CFR §125.3 – Subcontracting assistance. See attached Small Business Administration document, Good Faith Efforts, Maximum Practicable Opportunity & Compliance.

6. Contractor Team Arrangements as used in this solicitation, resultant proposals and contracts means an arrangement in which (1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) A potential prime contractor agrees with one or more other companies to have them as its subcontractor for the requirement indicated in this solicitation.

7. Joint-Venture for the purpose of this solicitation is an association of individuals and/or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry our no more than three specific or limited-purpose business ventures for joint profit over a two year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

Contractor Team Arrangements

1. The Contracting Officer will recognize the integrity and validity of contractor team arrangements; provided, the arrangements are identified and company relationship are fully disclosed and validation of formal agreements and relationships (i.e., Mentor-Protégé agreements, joint-ventures, partnerships, etc) are provided in the offer and submitted with the proposal responding to the solicitation.

2. Nothing in the solicitation authorizes contractor team arrangements in violation of antitrust statutes or limits the Government’s rights to:

(1) Require consent to subcontracts (FAR Subpart 44.2)

(2) Determine, on the basis of the stated contractor team arrangement, the responsibilities of the prime contractor

(3) Provide to the prime contractor data rights owned or controlled by the Government

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(4) Pursue its policies on competitive contracting, subcontracting, and component breakout and initial production or an any other time; and

(5) Hold the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors

Joint Ventures and Affiliation

1. The joint venture is viewed as a business entity in determining power to control its management. For the purpose of this solicitation, a joint venture entity cannot submit more than three offers over a two year period, starting from the date of the submission of the first offer.

2. The Contracting Officer may determine if the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists.

3. A joint venture of two or more business concerns may submit an offer as a small business in response to this solicitation without regard to affiliation so long as each concern is small under the size standard corresponding to the NAICS coded assigned.

4. Parties to a joint venture are affiliates if any one of them seeks SBA financial assistance for use in connection with the joint venture.

5. A joint venture of two or more business concerns may submit an offer as a small business for a Federal procurement without regard to affiliation as long as each concern is mall under the size standard corresponding to the NAICS code assigned to the solicitation.

6. A joint venture of at least one 8(a) Participant and one or more other business concerns may submit an offer for a competitive Section 8(a) procurement without regard to affiliation so long as the size requirements depicted in the paragraph below (Section 8(a)) are met.

7. The completed approved joint venture agreement must be submitted with the initial offer to the solicitation.

SECTION 00 21 00 PAGE 19

Section 8(a) Joint Venture Requirements

1. A joint venture of at least one Section 8(a) Participant and one or more other business concerns may submit an offer as a small business for a competitive Section 8(a) acquisition so long as each concern is small under the NAICS assigned to the solicitation provided at least one of the Section (a) Participant to the joint venture is less than one half size standard corresponding to the NAICS assigned to the solicitation. The joint-venture agreement must be provided with submission of the initial offer to the solicitation.

2. A joint venture between a Section 8(a) Participant and its approved

Mentor will deemed to be small provided the Protégé qualifies as small for the size standard corresponding to the NAICS…