W9128F18Q0001,_OA_Switchgears.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F18Q0001 18-Jul-2018

b. TELEPHONE NUMBER

402-995-2589

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 17 Aug 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TIMOTHY B BOYTE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG71736063

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 968821 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE OAHE PRJT OFC TECH SPT SEC

KRIS CLEVELAND

USAED, OMAHACENWO-OD-OA-T

28563 POWERHOUSE RD

PIERRE SD 57501

TEL: 605-945-3410 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

335313

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SOLICITATION INSTRUCTIONS

Antiterrorism (AT)/Operations Security (OPSEC)

This solicitation has AT/OPSEC provisions that were not in prior contracts for similar requirements before 2014.

Please reference AT/OPSEC Provisions in this solicitation.

SOLICITATION INSTRUCTIONS:

This solicitation is being advertised based on best value. Please reference FAR 52.212-1 & 2 addendum for evaluation criteria and information required to be submitted with your quote.

Please complete and return the following:

1. The Standard Form (SF) 1449 pages where it was necessary to fill in information/price(s) and/or signature.

2. Offeror Representations and Certifications -- Commercial Items (FAR Clause 52.212-3) or verify registration on SAM (see paragraph later in this document); FAR 52.225-18 and DFARS 252.209-7992

3. Please enter your CAGE Code in Block 17a of the SF 1449 within the smaller block next to the word

“CODE.” The company name and street address entered on the SF 1449 should match the System for

Award Management (SAM) entry for that CAGE Code.

4. Submit a cover letter stating that the proposal/quote complies completely with all terms, conditions, and specifications contained in the solicitation. A proposal/quote that does not comply with all terms, conditions, and specifications in the solicitation will be automatically rejected and not considered for award.

Due date/time:

Return completed solicitation package by the date and time specified in Block 8 of the SF1449. Send your completed quotation package to the attention of Tim Boyte via email to: Tim.B.Boyte@usace.army.mil

Electronic responses are preferred over paper responses.

Please reference Solicitation Number W9128F18Q0001 on all correspondence.

Points of Contact (POC):

For contractual questions, contact Tim Boyte at Tim.B.Boyte@usace.army.mil.

INFORMATION PERTAINING TO MANDATORY REGISTRATIONS, CODES, NUMBERS &

REPRESENTATIONS & CERTIFICATIONS:

System for Award Management (SAM):

What is SAM?

The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal

Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:

* Central Contractor Registry (SAM)

* Federal Agency Registration (FedReg)

* Online Representations and Certifications Application (ORCA)

* Excluded Parties List System (EPLS) mailto:Tim.B.Boyte@usace.army.mil mailto:Tim.B.Boyte@usace.army.mil

How will SAM benefit me?

The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.

SAM registration is required prior to receiving contract award. If you are not currently registered in SAM, refer to the website for information and instructions on how to register. You may link to the SAM website through the aforementioned BPN website or you may go directly to the SAM website at https://www.sam.gov. Clicking on

“Help” on the top ribbon of the SAM Home Page will give you access to the following information:

About SAM

News

User Help

Agency Information

Interface and Data Access

Contact Us

External Resources

SAM Service Desk:

URL: http://www.FSD.gov

(8am - 8pm Eastern Time)

US Calls: 866-606-8220

International Calls: 334-206-7828

DSN: 809-463-3376

Do not delay returning a quote while processing your SAM entry.

Electronic Funds Transfer (EFT):

EFT is a mandatory requirement for the U.S. Army Corps of Engineers. The successful offeror will be required to complete and return EFT forms that will be provided by our agency upon contract award, unless the offeror is currently entered as an active vendor in the Omaha District Corps of Engineers Financial Management System

(CEFMS). Offerors with an active vendor entry in the Omaha District CEFMS will be asked to verify the existing

EFT information. Please note the CEFMS EFT entry is in addition to the EFT information entered into the offeror’s

SAM registration.

NAICS Code:

This solicitation is being advertised under the North American Industrial Classification Systems (NAICS) Code listed in Box 10 on Page 1 of the SF 1449. You must ensure this NAICS Code is incorporated into your current

SAM Profile if your company can provide the type of product or service applicable to this NAICS Code.

Failure to have this NAICS Code in your current SAM Profile may result in not being considered for award.

NAICS Codes may be viewed at the U.S. Census Bureau website at http://www.census.gov/eos/www/naics

Dun and Bradstreet Number (DUNS Number):

A DUNS Number is required for SAM registration. If you do not currently have a DUNS number, you may acquire one by linking to the Dun & Bradstreet (D&B) website at http://fedgov.dnb.com/webform. D&B’s Government

Customer Response Center (GCRC) phone number is 866-705-5711.

Dun & Bradstreet (D&B) provides a DUNS Number, a unique nine digit identification number, for each physical location of your business.

DUNS Number assignment is free for all businesses required to register with the US Federal Government for contracts or grants.

https://www.sam.gov/ http://www.fsd.gov/ http://www.census.gov/eos/www/naics http://fedgov.dnb.com/webform

If a DUNS Number does not exist for your business location, it can be created within 1 business day via the D&B website.

OFFEROR’S INFORMATION REQUIRED TO PROCESS AN AWARD:

CAGE Code______________________

DUNS Number ___________________

Tax Identification Number (TIN)______________________________

Company Name and Address:

(Also REQUIRED to match SAM Profile and Block 17a on SF 1449)

Point of Contact:

Name_______________________________________

Title________________________________________

Business Phone ______________________________

Cell Phone (if applicable)______________________

E-Mail______________________________________

Is your Company (please circle each line individually):

Small Business concern Yes No

Small Disadvantaged Business concern Yes No

Veteran-Owned Small Business concern Yes No

Service-Disabled Veteran-Owned Small Business concern Yes No

Women-owned business concern Yes No

Sole Proprietorship Yes No

Partnership Yes No

Corporation Yes No

Registered with SAM Yes No

Payments:

Payments will be made after receipt of a proper invoice or receipt of acceptable supplies or services, whichever is later. The contractor is required to include the contract number on all invoices so that receipt and payment for the item or service may be expeditiously processed.

Federal Legal Holidays:

The following Federal legal holidays are observed by this installation:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

If a wage determination applies, the number of holidays specified on it has priority over this clause.

BID (PRICE) SCHEDULE

Note: This chart is provided to assist with proposing prices and is not additional quantities to line items listed above.

PRICING SCHEDULE

ITEM NO. DESCRIPTION QUANTITY UNIT AMOUNT

BASIC ITEMS

New Vacuum Circuit

Breaker (VCB) Switchgear

Lineup (832, 834, 836, 838, 842), including all connections to existing cables.

Job

New 3.2 MVA, zig-zag, grounding transformer and resistor, including replacement of associated feeder cabling.

New Standalone Vacuum

Circuit Breaker (VCB) 822, including new 15kV overhead bus connections.

General 15kV Bus

Maintenance Work, including bus insulators and expansion couplings;

remove 0.5 ohm, 15kV reactor, including reconnection of 15kV bus.

Replace overhead transformers and low voltage panelboards.

Commissioning and

Testing Services.

Spares, not including spare

VCB listed below under

Option Items.

Cost allowance for using

WCEC power for up to 6 weeks

$ 10,000.00

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option]

New 500 kVA step voltage regulator; including new

15kV bus connections; oil containment pad.

New air break switches

825, 827, and 829;

including new 15kV bus connections.

New standalone Vacuum

Circuit Breaker (VCB) 812, including new equipment pad, new air break switch

813, new 15kV overhead bus connections, and new underground feeder and duct bank to new VCB 812.

[Option]

New Spare Vacuum Circuit

Breaker (VCB).

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________________

Note:

1. Funds are not presently available for this acquisition. No contract award will be made until appropriate funds are made available.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job New Vacuum Circuit Breaker Switchgear

FFP

New Vacuum Circuit Breaker (VCB) Switchgear Lineup (832, 834, 836, 838, 842), including all connections to existing cables.

FOB: Destination

MILSTRIP: W59XQG71736063

PURCHASE REQUEST NUMBER: W59XQG71736063

NET AMT

0002 1 Job

3.2 MVA, zig-zag, grounding transfor

FFP

New 3.2 MVA, zig-zag, grounding transformer and resistor, including replacement of associated feeder cabling.

0003 1 Job Standalone Vacuum Circuit Breaker

FFP

New Standalone Vacuum Circuit Breaker (VCB) 822, including new 15kV overhead bus connections.

0004 1 Job General 15kV Bus Maintenance

FFP

General 15kV Bus Maintenance Work, including bus insulators and expansion couplings; remove 0.5 ohm, 15kV reactor, including reconnection of 15kV bus.

0005 1 Job Overhead Transformers

FFP

Replace overhead transformers and low voltage panelboards.

0006 1 Job Commissioning and Testing Services

Commissioning and Testing Services.

0007 1 Job Spares

Spares, not including spare VCB listed below under Option Items.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

0008 1 Job WCEC Power

FFP

Cost allowance for using WCEC power for up to 6 weeks. This price is set at

$10,000. Do not list a different price as $10,000 will be applied to this CLIN at time of award.

0009 1 Job OPTION 500 kVA Step Voltage Regulator

FFP

New 500 kVA step voltage regulator; including new 15kV bus connections; oil containment pad.

0010 1 Job OPTION Air Break Switches

New air break switches 825, 827, and 829; including new 15kV bus connections

0011 1 Job OPTION Standalone Vacuum Circuit Breaker

FFP

New standalone Vacuum Circuit Breaker (VCB) 812, including new equipment pad, new air break switch 813, new 15kV overhead bus connections, and new underground feeder and duct bank to new VCB 812.

0012 1 Job OPTION New Spare Vacuum Circuit Breaker

New Spare Vacuum Circuit Breaker (VCB).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

0012 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ADC 1 COE OAHE PRJT OFC TECH SPT SEC

KRIS CLEVELAND

USAED, OMAHACENWO-OD-OA-T

28563 POWERHOUSE RD

PIERRE SD 57501

605-945-3410

968821

0002 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0006 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0007 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0008 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0009 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0010 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0011 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0012 365 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.236-13 Accident Prevention NOV 1991

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-14 Suspension of Work APR 1984

52.246-21 Warranty of Construction MAR 1994

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.215-7008 Only One Offer OCT 2013

252.219-7003 Small Business Subcontracting Plan (DOD Contracts)--Basic MAR 2016

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7021 Trade Agreements--Basic DEC 2016

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

IAW Specifications

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The

Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The

Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

IN ADDITION TO INSTRUCTIONS BELOW, REFER TO “ADDENDUM TO 52.212-1 & 52.212-2”

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF

1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the

Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer 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--

(A) 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 offers; or

(B) 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

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA

Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC

20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

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

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

(ii) Quick Search (http://quicksearch.dla.mil/).

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

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of the rationale for award;

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

(6) 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.

IN ADDITION TO INSTRUCTIONS ABOVE, REFER TO “ADDENDUM TO 52.212-1 & 52.212-2”

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

All evaluation factors, other than cost or price, when combined, are significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-1 and 52.212-2 ADDENDUM

OFFER INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

1. WHO MAY SUBMIT

This solicitation is for Unrestricted competition.

All proposers, including joint ventures, must be registered in the System for Award Management (SAM.gov). See paragraph 15.6 Joint Ventures/SAM Registration.

There will be no public opening. All offers submitted will become, upon receipt, the property of the U.S.

Government and will not be returned. After evaluation of offers, the original will be retained for the official contract file. Extra copies of the awardees’ offer will be submitted to the Field and Area Offices in support of their contract administration functions. Any extra copies of the offers deemed unnecessary by the government will be destroyed.

2. GENERAL REQUIREMENTS

In order to effectively and equitably evaluate all offers, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the offer submission requirements.

3. SIZE OF PRINTED MATTER SUBMISSIONS

All written portions (other than an organization chart (if provided)) shall be in 8-1/2" x 11" format.

4. WHERE TO SUBMIT

Offerors shall submit their proposal packages to the USACE Contracting Activity at the address listed in paragraph 4.2.

4.1. Bidder Inquiry. Technical inquiries and questions relating to technical requirements, proposal procedures, etc. are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ no later than 1700hrs CDT 10 days prior to the due date, in order that they may be given consideration or actions taken prior to receipt of offers. The

Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective offeror who submits a comment/question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

Project ID: 463082

Project Name: Oahe Outdoor Station Service Switchgear Replacement

Quick Add Key: BXI7Z2 – 59CWT8

A. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

B. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret

Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

C. Offerors are requested to review the solicitation in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

D. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

E. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will

NOT be available after receipt of proposals

4.2. Proposal Submittal Instructions. In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically via the AMRDEC SAFE website. All submissions shall be in Adobe PDF format with Optical

Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as “SEPARATE” single files via

AMRDEC. Offerors may use compression utilities such as 7-Zip, WinZip or PKZip to reduce file size and facilitate transmission when using AMRDEC. Offerors are encouraged to send all three (3) files in the same AMRDEC transmission, if possible.

Table 1 - AMRDEC Submittals Volume I: Technical Proposal and Past Performance Information

Volume II: Price Information and Representations, Certifications, and Other Statements of Offerors

Title the single files in the following format:

W9128F18Q0001_Company Name_Volume_I_Technical_Proposal

W9128F18Q0001_Company Name_Volume_II_Price_Information

(Note: Company name may be abbreviated)

To submit proposals electronically via AMRDEC SAFE, go to the following website:

https://safe.amrdec.army.mil/SAFE/ At the AMRDEC SAFE website select “Non-CAC Users” in order to register, access the site and submit your proposal(s). When completing the information for transmittal at the AMRDEC SAFE website, you will be asked to enter e-mail addresses for the recipients. When your proposal is submitted via the

AMRDEC SAFE website, the website will provide notification of the submittal to the recipients. For this solicitation, the recipients will be:

Nadine Catania, Nadine.L.Catania@usace.army.mil

Tim Boyte, Timothy.B.Boyte@usace.army.mil

After submitting your information, you will receive two (2) disclaimers:

A. “The files were successfully uploaded.”

B. “Your files cannot be downloaded by recipients until you verify your email address. Please check your email for further instructions.”

***OFFERORS MUST FOLLOW THE INSTRUCTIONS SENT TO YOUR EMAIL TO COMPLETE

THE SUBMITTAL PROCESS***

For the purposes of determining whether the proposal was received “late” in accordance with FAR 15.208, the date and time the file(s) are uploaded into the AMRDEC SAFE website as identified in the AMRDEC e-mail sent to the

Contract Specialist(s)/Contracting Officer will be the time and date the Government received the proposal. Please note that the process involves two steps, after the proposal has been uploaded to the AMRDEC SAFE website the Offeror must verify its email address in order for the Government to receive access to the proposal uploaded onto the

AMRDEC SAFE website. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

NOTE: ONLY in the unusual case that the AMRDEC website is “down” (not operational); the Offeror should email their proposal to the following individuals prior to the proposal due date and time:

1. Nadine Catania whose email address is Nadine.L.Catania@usace.army.mil, and Tim Boyte whose e-mail address is Timothy.B.Boyte@usace.army.mil.

SUBMISSION DEADLINE

Electronic Proposals shall be received by the USACE Contracting Activity no later than the time and date specified on

Standard Form 1449 or as identified in subsequent amendments.

Official time will be established by the clock located in the area where proposals are received

6. OFFERS

Offerors shall submit an offer that meets or exceeds the minimum requirements of these specifications through the replacement, modification or refurbishment of components identified in this solicitation.

7. EVALUATION OF OFFERS

a. All offers and documentation which have been properly submitted will be evaluated. Offers will be evaluated on the basis of the factors stated in the solicitation to select the responsible offeror whose offer is most advantageous to the

Government. Because of the number of offers anticipated, uniformity of all offers is essential to assure fair and accurate evaluation. All offers must comply with the instructions in the solicitation. Offers that do not generally conform to the solicitation requirements may be considered to have a deficiency, i.e. a material failure that cannot be mailto:Nadine.L.Catania@usace.army.mil mailto:Timothy.B.Boyte@usace.army.mil mailto:Nadine.L.Catania@usace.army.mil mailto:Timothy.B.Boyte@usace.army.mil remedied by exchanges and/or permitted offer revisions. If an offer is suspected of having a deficiency, it will be brought to the immediate attention of the appropriate authority who will determine if there is a deficiency. If the determination is made that a deficiency exists, the offer will not be evaluated further and will be eliminated from further consideration. The affected offeror shall be promptly notified of the decision. Properly conforming offers will be forwarded to the Source Selection Evaluation Board (SSEB) for evaluation. If, after award, the key personnel or sub-contractors identified in the offer are replaced, replacement personnel or sub-contractors with similar skills and experience equal to those presented in the offer shall be presented to the Contracting Officer for approval. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions for these designated personnel or sub-contractors.

b. Information obtained from Government sources and databases or other points of contact provided by the offeror may affect the past performance evaluation rating given.

c. Evaluations will be conducted in accordance with the Tradeoff Process, FAR 15.101-1. For Volume I, Factors 1, 3, and 4 use the Combined Technical/Risk Ratings, as shown in Table 1. For Volume I, Factor 2 (Past Performance) uses the Relevancy Ratings shown in Table 2 and the Performance Confidence Assessment Ratings shown in Table

3. Offer evaluation is an assessment of the offer and the offeror's ability to perform the resultant contract successfully. Offers will be evaluated to determine ratings supported by narratives, and to identify strengths, weaknesses, and deficiencies of the proposed approach in each offer.

d. Evaluation Definitions.

Strength. A substantive aspect, attribute, or specific item in the offer that exceeds the solicitation requirements and enhances the probability of successful contract performance.

Weakness. A flaw in the offer that increases the risk of unsuccessful contract performance. A significant weakness in the offer is a flaw that appreciably increases the risk.

Deficiency. A material failure of an offer to meet a Government requirement or a combination of significant weaknesses in an offer that increases the risk of unsuccessful contract performance to an unacceptable level.

Clarification. Clarifications are limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated. If award without discussions is anticipated, Offerors may be given the opportunity to clarify certain aspects of their offers or to resolve minor or clerical errors.

Communications. Communications are exchanges between the Government and Offerors after receipt of offers, leading to establishment of the competitive range.

Discussions. Discussions are negotiations conducted in a competitive acquisition and take place after establishment of the competitive range. Discussions are tailored to each Offeror’s offer, and shall be conducted by the Contracting Officer with each Offeror within the competitive range.

e. Combined Technical/Risk Rating. The application of a scale of colors and adjectival description will be used in conjunction with narrative to denote the degree to which the offer has met the standard for a non-cost factor.

Ratings will be applied at the factor and subfactor level. If, at any subfactor level, an offeror’s offer is evaluated as not meeting a minimum requirement (that is, below the rating of Marginal), this fact must be included in the rating and narrative assessment at that level and at the factor. Therefore, an Unacceptable rating at any subfactor level may be carried to the factor level. The ratings provided in table below will be used to evaluate Factors 1, 3, and 4.

Table 1. Combined Technical/Risk Ratings

Color Rating Description

Blue Outstanding Offer indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Offer indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Offer meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Offer has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Offer does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

f. Past Performance Evaluation. The past performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. There are two aspects of the past performance evaluation. The first aspect is relevancy. The past performance evaluation considers each Offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. The Offeror’s past performance will be evaluated to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. Consideration shall be given to those aspects of an Offeror’s contract history that would give the greatest ability to measure whether the Offeror will satisfy the current procurement.

Common aspects of relevancy include similarity of service/support, complexity; dollar value, contract type, and degree of subcontract/teaming. There are four levels of relevancy as shown below. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser…