SPECS Gates Gavins.PDF

SPECIFICATIONS

(FOR CONSTRUCTION)

Solicitation No. W9128F-09-R-0052

Rehab Intake Gates Gavins Point Dam, NE (Near Yankton, South Dakota)

July 2009

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

REHAB INTAKE GATES

GAVINS POINT DAM, NE

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 SOLICITATION OFFER AND AWARD FORM 1442

00 21 00 INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

00 22 00 PROPOSAL INSTRUCTION, SUBMISSION REQUIREMENTS 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 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 01 USACE QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 78 39.00 24 AS-BUILT DRAWINGS

DIVISION 02 - EXISTING CONDITIONS

02 12 00 TRANSPORTATION AND DISPOSAL OF HAZARDOUS MATERIALS

DIVISION 05 - METALS

05 05 23 INSPECTION OF WELDMENTS

DIVISION 09 - FINISHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING

23 00 00 AIR SUPPLY, DISTRIBUTION, VENTILATION, AND EXHAUST SYSTEMS

DIVISION 26 - ELECTRICAL

26 20 00 INTERIOR DISTRIBUTION SYSTEM

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 14 REHABILITATE INTAKE GATES AND BULKHEAD

00 11 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-09-R-0052

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

28 Jul 2009

PAGES 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 CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Avenue Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT)

9. FOR INFORMATION

CALL:

A. NAME

Sheri Hanson

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

(402) 995-2077

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):

REHAB INTAKE GATES, GAVINS POINT DAM, NE (NEAR YANKTON, SD)

This solicitation is UNRESTRICTED AND OPEN TO LARGE AND SMALL BUSINESS PARTICIPATION.

RETURN WITH PROPOSAL: INFORMATION REQUIRED BY SECTION 00 11 00 (SF1442), SECTION 00 45 00, AND CONTRACT CLAUSES.

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

11. The Contractor shall begin performance within _10_________ calendar days and complete it within __720__ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

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_2:00 pm____ (hour) local time 27 Aug 2009 . 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.

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 __60______ 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

STANDARD FORM 1442(REV. 4-85)

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

00 11 00 - 2

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

DUNS Number:

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

AMOUNTS

SEE ATTACHED PRICING SCHEDULE & PRICING SUPPORT DOCUMENT

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

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

U.S. Army Engineer District, Omaha

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

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 consummates 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

STANDARD FORM 1442 BACK (REV. 4-85)

00 11 00 Page 3

PRICING SCHEDULE

ITEM NO. DESCRIPTION QUANTITY UNIT AMOUNT

BASIC ITEMS

Entire work complete, for 6 gates, excluding Option item(s) listed below

Job

1 L.S.

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option]

Entire work complete, for 3 additional gates

[Option]

Entire work complete, for 1 bulkhead

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The Government reserves the right to exercise the options within 90 days after issuance of Notice to Proceed.

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted.

3. A modification to a proposal which provides for a single adjustment to the total amount submitted, should state the application of the adjustment to each respective lump-sum price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0001.

SECTION 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

(6/07; Rev 3/09)

INDEX

Attachment: Required Central Contractor Registration

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

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

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

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

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

5 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

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

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

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

9 DFARS 252.215-7003 EXCESSIVE PASS-THROUGH CHARGES – IDENTIFICATION OF

SUBCONTRACT EFFORT (MAY 2008)

10 SOLICITATION RESTRICTIONS

10.1 GENERAL CONTRACTOR

10.2 ESTIMATED CONSTRUCTION COST

10.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

10.4 SUBMISSION DEADLINE

10.5 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 GENERAL DESCRIPTION OF WORK

17 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

18 SOURCE SELECTION BOARD (SSB)

19 TAXES - STATE OF NEBRASKA

20 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

SECTION 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

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

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

(2) The offeror should be 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.

(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)

2 (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—

SECTION 00 21 00 Page 3

(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.

(End of provision)

3 (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 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

SECTION 00 21 00 Page 4 of that agent's authority, unless that evidence has been previously furnished to the issuing office.

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

SECTION 00 21 00 Page 5 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 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

SECTION 00 21 00 Page 6 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.

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

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

5 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

6 (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, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

(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 7

7 (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.

8 (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) Contractors interested in inspecting the site of the proposed work should contact Bryan Bradley, U.S. Army Corps of Engineers, Telephone: (402) 667-2560.

9 DFARS 252.215-7003 EXCESSIVE PASS-THROUGH CHARGES – IDENTIFICATION OF

SUBCONTRACT EFFORT (MAY 2008)

(a) Definitions. “Added value,” “excessive pass-through charge,” “subcontract,” and “subcontractor,” as used in this provision, are defined in the clause of this solicitation entitled “Excessive Pass-Through Charges”

(DFARS 252.215-7004).

(b) General. The offeror’s proposal shall exclude excessive pass-through charges.

(c) Performance of work by the Contractor or a subcontractor.

(1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be

SECTION 00 21 00 Page 8 performed by each subcontractor, under the contract, task order, or delivery order.

(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal—

(i) The amount of the offeror’s indirect costs and profit applicable to the work to be performed by the subcontractor(s); and

(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).

(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal—

(i) The amount of the subcontractor’s indirect costs and profit applicable to the work to be performed by the lower-tier subcontractor(s); and

(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).(End of provision)

10 SOLICITATION RESTRICTIONS

10.1 GENERAL CONTRACTOR

This solicitation is UNRESTRICTED, open to both large and small business participation.

10.2 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $1,000,000 and $2,500,000.

10.3 FUNDING

This project is partially funded under the American Recovery and Reinvestment Act (AARA) also know as economic stimulus.

10.4 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.

SECTION 00 21 00 Page 9

10.5 SUBMISSION DEADLINE

Offers shall be submitted at the location stated and by the time and date as specified in Section 00 11 00, Page 1.

Due to heightened security at Government installations, those offerors who have their proposals hand-carried* shall contact Sheri Hanson, Contract Specialist at (402) 995-2077 prior to delivering to the U.S. Army Corps of Engineer District, Omaha, 1616 Capitol Ave, Omaha, NE 68102-4901.

On the date specified and for thirty (30) minutes prior to the specified time, a Contracting representative will be in the lobby to receive proposals.

Containers (i.e. envelopes, packages, boxes) will be screened for security purposes. Hand-carried means the individual must be able to carry on their person. If due to size or volume, packages or boxes need to be wheeled in on a cart or dolly, you will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, you will be allowed in the building after presenting valid photo identification. At the time specified in Section 00 11 00, Page 1, local time, it will be announced that receipt of proposals is closed. Official time will be established by time/stamp clock designated by the Contract Specialist.

*This instruction shall also apply to those proposals delivered through a delivery or parcel service.

NOTE: No parking on the street in front of the facility entrances will be allowed. Passenger vehicles will need to locate parking meters or parking garages before delivering proposals. Delivery trucks must go to the dock.

The vehicle will be inspected and packages screened at the dock. After inspection and screening, the delivery person will be allowed into the building.

10.6 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 1616 Capitol Avenue, Omaha, Nebraska 68102-4901 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

SECTION 00 21 00 Page 10 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

(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 (Sheri Hanson) identified in paragraph: OFFEROR'S QUESTIONS AND COMMENTS below.

SECTION 00 21 00 Page 11

(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).

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 $33.5 million in gross annual receipts for the preceding 3 fiscal years.

14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

SECTION 00 21 00 Page 12

In accordance with Sector 23 of the NAICS Manual, the work in this solicitation is assigned classification code 238320.

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 1616 Capitol Avenue, Omaha, NE 68102-4901. 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: Sheri Hanson Sheri.L.Hanson@usace.army.mil 402-995-2077 (phone)

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 Program Manager Richard.j.lynch@usace.army.mil Of Proposal Richard Lynch Documents 402-995-2499 (phone)

Or

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

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

** - It shall be the Contractor's, Subcontractor's and Supplier's responsibility to check for amendments (Link available at:

http://www.fbo.gov/).

15.1 PLAN HOLDER'S LIST

SECTION 00 21 00 Page 13

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 GENERAL DESCRIPTION OF WORK

Work consists of nine (9) steel gates (19’x35’x3’) and one 1 bulk head, includes disassembling, cleaning of gate surfaces and removal and replacement of all roller assemblies, roller tracks, and seals, blasting and vinyl painting of all structural steel surfaces, and reassembling all mechanical components when painting is complete.

17 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

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

EVALUATION.

18 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.

19 TAXES - STATE OF NEBRASKA

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).

20 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

a. Application. This clause applies only to large business concerns submitting bids for services exceeding $500,000 or for construction exceeding $1,000,000.

b. Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFAR provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Subcontracting Plan (Alternate I)

52.219-16, Liquidated Damages - Small Business Subcontracting Plan

SECTION 00 21 00 Page 14

252.226-7001, Utilization Of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns

c. Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable and for the performance of the resultant contract:

The small business informational subcontracting goal objectives for this solicitation or request for proposal are based on a percentage of the proposed contract total value rather than a percentage of the subcontracting amount as indicated in FAR clause 52.219.9, Subcontracting Plan.

A subcontracting goal objective of 20% of the total proposed contract value;

higher proposed percentage amounts will receive a more favorable evaluation rating. The proposed percentage is applied to each category in the proposed percentages indicated below.

(1) 70.0% of planned subcontracting dollars to be placed with all small business concerns (SB).

(2) 6.2% of planned subcontracting dollars to be placed with small business concerns owned and controlled by socially and economically disadvantaged individuals (SDB).

(3) 7.0% of planned subcontracting dollars to be placed with small business concerns owned and controlled by Women (WOSB).

(4) 9.8% of planned subcontracting dollars to be placed with small business concerns owned and controlled by Historically Underutilized Business Zones (HubZones)

(5) 3.0% of planned subcontracting dollars to be placed with small business concerns owned and controlled by Veterans (VOSB)

(6) 0.9% of planned subcontracting dollars to be placed with small business concerns owned and controlled by Service-Disabled Veterans (SDVOSB)

d. Submission and Review of Subcontracting Plan.

SUBMISSION OF SMALL BUSINESS SUBCONTRACTING PLAN IS NOT APPLICABLE TO SMALL

BUSINESSES.

(1) The technically acceptable - low price offeror must submit a subcontracting plan within five (5) calendar days after receipt of proposals (a longer period maybe granted by the Contracting Officer upon request) within 24 hours after notification by the Government to the Contracting Activity.

(2) Goals included in the subcontracting plan should be at least equal to those indicated above. If lesser goals are proposed, the bidder may be required to substantiate how the proposed plan represents the bidder's best effort to comply with the terms and conditions of the solicitation. Offerors are highly encouraged to become familiar with the intent of the solicitation provisions and the elements of the subcontracting plan.

(3) The subcontracting plan must contain, as a minimum, the elements set forth in FAR provision 52.219-9. An example subcontracting plan will be furnished to the technically acceptable – low price offeror (upon

SECTION 00 21 00 Page 15 request). The example subcontracting plan (if requested) should not be construed as an acceptable subcontracting plan. Any format will be acceptable provided that the plan addresses each element as required by the Federal Acquisition Regulations and its supplements.

(4) Proposed plans will be reviewed by the Government to ensure the plan represents the firm's best efforts to maximize subcontracting opportunities for small, small disadvantaged and women-owned businesses.

(5) Subcontracting plans are required to be approved prior to Contract Award. The approved subcontracting plan (to include goals) will become a material part of the contract.

e. Failing to Submit An Acceptable Subcontracting Plan. A technically acceptable – low price offeror failing to submit a subcontracting plan which demonstrates a reasonable effort to meet the goals listed above or provide an explanation why lesser goals are proposed (upon request), will be considered as non-responsive and not considered eligible for award of the contract.

f. Questions or Assistance Needed in Developing Subcontracting Plan.

For any questions or assistance needed in developing the subcontracting plan, contact the Contract Specialist or District's Deputing for Small Business (See paragraph: OFFEROR QUESTIONS AND COMMENTS, Contract Specialist or the District's Deputy for Small Business or fax your inquiries to 402-995-2081).

SECTION 00 21 00 Page 16

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 22 00 Page 1

SECTION 00 22 00

PROPOSAL SUBMISSION REQUIREMENTS, INSTRUCTION,

AND EVALUATION OF OFFERS

1. INITIAL REVIEW OF PROPOSALS

Proposals will be reviewed for general conformance with the solicitation requirements. Proposals that do not generally conform to the solicitation requirements may be considered to have a “critical defect”, i.e. a defect that cannot be remedied by exchanges and/or permitted proposal revisions. If a proposal is suspected of having a critical defect, it will be brought to the immediate attention of the Source Selection Authority. If the Source Selection Authority determines that there is a critical defect, the proposal will not be evaluated further and will be eliminated from further consideration. The affected Offeror shall be promptly notified of the decision.

2. SOURCE SELECTION

All proposals conforming to the solicitation requirements will be evaluated in accordance with the requirements of Sections "002200", and the Source Selection Plan. The principal objective of the evaluation process is to make award of a contract to the responsible Offeror whose proposal is determined to be the "best value" to the Government, price and other factors considered on a full and open competitive basis. Should the Government determine that the award of a contract is not in the best interest of the Government, the contract award will not take place.

3. SOURCE SELECTION EVALUATION BOARD (SSEB)

A Source Selection Evaluation Board (SSEB) will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal and any subsequent discussions required, as well as information obtained from other sources, e.g. past performance information. The SSEB will not consider any information or data incorporated by reference or otherwise referred to. The identities of the SSEB personnel are confidential, and any attempt by the Offerors to contact these individuals is prohibited.

4. EVALUATION CRITERIA

As established in SECTION 00 22 00, “Proposal Submission Requirements, Instructions, and Evaluation of Offers” of the solicitation, the following criteria will form the basis of proposal evaluation. Volume I – Technical Proposal is divided into four (4) factors. Volume II – Cost/Price Proposal will be subjectively evaluated in accordance with

4.3. The following table reflects the proposal format and relative importance of areas that the SSEB shall thoroughly review and evaluate.

SECTION 00 22 00 Page 2

TECHNICAL FACTORS RELATIVE IMPORTANCE

Volume I – Technical Proposal Significantly more important than Volume II

A. Experience in Vinyl Paint Significantly more important than B and C

B. Past Performance Slightly more important than C Significantly less important than A

C. Certifications Significantly less important than A and B

D. Utilization of Small Business Concerns Significantly less important than A

Slightly less important than B, C, and D

Volume II – Cost/Price Proposal Significantly less important than Volume I

B. Cost/Price Significantly less important than A - C

4.1 Technical merit shall be evaluated for each major factor and sub-factor contained in Volume I, except for the Past Performance evaluations as found in Volume I, Tab B. Technical merit, which reflect the Government's confidence in each Offeror’s ability, as demonstrated in its proposal, to perform the requirements stated in the RFP, shall be evaluated based on the following:

4.1.1. Excellent: Proposal demonstrates an excellent understanding of requirements and Offeror’s proposal shows that they have significantly exceeded performance or capability standards.

Proposal has exceptional strengths that will significantly benefit the Government. Proposal represents very low risk that the Offeror’s performance of any work requirements will impact schedule, cost, or performance.

4.1.2. Above Average: Proposal demonstrates a good understanding of requirements and Offeror’s proposal shows that they have exceeded performance or capability standards. Proposal has two or more strengths that will benefit the Government. Proposal represents low risk that the Offeror’s performance of any work requirements will impact schedule, cost, or performance.

4.1.3. Average: Proposal demonstrates acceptable understanding of the requirements and Offeror’s proposal meets performance or…