Motor_Control_Center_Specs.pdf

SPECIFICATIONS

(Request For Proposal)

Solicitation No. W9128F-16-R-0021

Replace Motor Control Centers Fort Peck Dam, MT

February 2016

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

Replace Motor Control Centers Fort Peck Dam, MT

Table Of Contents

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION/CONTRACT FORM (SF 1442)

00 10 00-3 PROPOSAL SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS (RFP)

00 22 00 PROPOSAL INSTRUCTIONS,SUBMISSION REQUIREMENTS,

EVALUATION, AND BASIS FOR AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

00 73 00 SUPPLEMENTARY CONDITIONS (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 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 78 39.00 24 AS-BUILT DRAWINGS

DIVISION 26 - ELECTRICAL

26 05 00.00 40 CONDUIT AND MISCELLANEOUS WIRING

26 05 48.00 10 SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT

26 28 00.00 10 MOTOR CONTROL CENTERS AND PANELBOARDS

-- End of Project Table of Contents --

00 10 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-16-R-0021

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04 Feb 2016

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 Ave Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

9. FOR INFORMATION

CALL:

A. NAME

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

(402) 995-2480

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):

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

Replace Motor Control Center, Fort Peck Dam, MT

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

*BLOCK 13A. – REFER TO SECTION 00 22 00 FOR THE NUMBER OF COPIES TO BE SUBMITTED WITH THE ORIGINAL OFFER.

THIS SOLICITATION IS RESTRICTED TO SMALL BUSINESS INTERESTS ONLY.

This solicitation contains additional security requirements that were not in effect prior to 2014. Please reference Section 01 30 00.24, Paragraph 1.4.

11. The Contractor shall begin performance within 10 calendar days and complete it within 580 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 04 March 2016. 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(d)

00 10 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 60 calendar days after the date offers are due.

AMOUNTS

SEE ATTACHED PROPOSAL SCHEDULE

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 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

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 10 00 Page 3

Proposal Schedule

ITEM NO. DESCRIPTION QUANTITY UNIT AMOUNT

Basic

0001 Replace Motor Control Centers: MCC 5 in Power Plant #1 and MCC 2, 3, 4 5, 6, 7 and 8 in Power Plant #2 (MCC 1 in Power Plant #2 is not utilized). 1 JOB $______________________

Options

0002 Option No. 1 1 JOB $______________________ Replace Motor Control Centers 1, 2, 3, 4 and 6 in Power Plant #1.

0003 Option No. 2 : 1 JOB $______________________ Replace Distribution Panel DP and Power Panels PP2, PP3, and PP6 in Power Plant #1.

0004 Option No. 3 1 JOB $______________________ Replace Distribution Panels 11, 12, 13 14 and 15 in Power Plant #2.

TOTAL (Basic plus Options Items 0001 thru 0004) $______________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS 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 Job (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.

Motor Control Center, Fort Peck Dam, MT FP63

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

1/16

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2015)

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

ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

1.4 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2004)

1.5 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

1.6 FAR 52. 215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

1.7 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)

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

1.9 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006)

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

1.11 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (DEC 2015)

1.12 SOLICITATION RESTRICTIONS

1.12.1 GENERAL CONTRACTOR

1.12.2 ESTIMATED CONSTRUCTION COST

1.12.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

1.12.4 SUBMISSION DEADLINE

1.12.5 RETURN ADDRESS REQUIREMENTS

1.13 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.14 OFFEROR'S QUESTIONS AND COMMENTS

1.15 GENERAL DESCRIPTION OF WORK

1.16 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

1.17 SOURCE SELECTION BOARD (SSB)

1.18 FEDERAL, STATE AND LOCAL TAXES

1.19 (FAR 52.222-23) NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.20 *FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) [Applicable with FAR 52.225-11]

1.21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010)

1.22 52.204-17 Ownership or Control of Offeror

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

DOCUMENT 00 21 00 Page 1

-- End of Section Table of Contents --

DOCUMENT 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

1/16

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision-

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

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management database" means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

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

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

and

(4) The Government has marked the record "Active".

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

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

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

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or

DOCUMENT 00 21 00 Page 3 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.

(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).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of provision)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2015)

(a) Definition. As used in this provision –

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

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic

Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

DOCUMENT 00 21 00 Page 4

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

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

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

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

(1) ASSIST (https://assist.dla.mil/online/start/);

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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.

DOCUMENT 00 21 00 Page 5

(End of provision)

1.4 (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 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.

DOCUMENT 00 21 00 Page 6

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

(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

DOCUMENT 00 21 00 Page 7 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 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

DOCUMENT 00 21 00 Page 8 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.

(End of provision)

1.5 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

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

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

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

FAR 52.225-9.

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

1.6 FAR 52. 215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs.The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered.

If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or

DOCUMENT 00 21 00 Page 10 regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

1.7 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)

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

(End of provision)

1.8 (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).

(End of provision)

1.9 (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.

(End of provision)

1.10 (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.

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(b) Site visits can be scheduled anytime from Tuesday, February 16 thru Thursday, February 18th from 7:00 am till 4:00 pm (local time).

Contractors interested in seeing the site need to make reservation with Dale Pugh telephone (406)526-3431 X3534 or by e-mail at Dale.E.Pugh@USACE.Army.MIL.

(End of provision)

1.11 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (DEC 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting , shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

1.12 SOLICITATION RESTRICTIONS

1.12.1 GENERAL CONTRACTOR

SOLICITATION OF BIDS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS ONLY.

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1.12.2 ESTIMATED CONSTRUCTION COST

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

1.12.3 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.

1.12.4 SUBMISSION DEADLINE

Offers shall be submitted at the location stated and by the time and date as specified in Section 00 10 00, Page 1.

Due to heightened security at Government installations, those offerors who have their proposals hand-carried* shall contact Matt Hibbert , Contract Specialist at (402) 995-2480 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 10 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.

1.12.5 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.

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1.13 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army's Single Face to Industry (AFSI) to the Federal Business Opportunities website at:

https://www.fbo.gov

It shall be the Contractor's responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site listed above (registration required).

1.14 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 10 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.

Email Address Telephone Number Items for Question Points of Contact Fax Number

Contractual Matters: Matthew Hibbert Matthew.D.Hibbert@usace.army.mil

(402) 995-2480

(402) 995-2081

Small Business Matters: Hubert Carter Hubert.J.Carter@usace.army.mil

(402) 995-2910

Technical Contents of Plans and Specifications: Andrew Wright Andrew.D.Wright@usace.army.mil

(402) 995-2506

Marylee Stobbe Marylee.F.Stobbe@usace.army.mil 402-995-2184

Plan Holders List: See Paragraph PLAN HOLDERS LIST Site Inspection: See Paragraph SITE VISIT (CONSTRUCTION), above Bid Results/Receipt of Bids: See Paragraph AVAILABILITY OF BID RESULTS, below.

1.15 GENERAL DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work to replace approximately 13-480V Motor Control Centers and 9 - 480V power panels at the Fort Peck project in Fort Peck, MT. Work shall be in accordance with plans and specifications issued with this solicitation.

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1.16 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

See Section 00 22 00 SUPPLEMENTARY INSTRUCTIONS, PROPOSAL SUBMISSION AND

EVALUATION.

1.17 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.

1.18 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE

AND LOCAL TAXES.

1.19 (FAR 52.222-23) NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation Goals for Female Participation for Each Trade for Each Trade

3.3 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs Office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the

DOCUMENT 00 21 00 Page 15 regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -

(1) Name, address, and telephone number of the subcontractor;

(2) Employer identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Billings, MT EA155, of which McCone county is a part. 1.20

*FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014) [Applicable with FAR 52.225-11]

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic…