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SPECIFICATIONS
(For Construction Contract)
Solicitation No W9128F18R0008_
100 Ton Intake Bridge Crane Emergency Repair
Garrison Dam, ND
February 2018
US Army Corps of Engineers Omaha District
This page was intentionally left blank for duplex printing.
100 Ton Intake Bridge Crane Emergency Repair
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 10 00 SOLICITATION, OFFER AND AWARD
00 10 00-3 PROPOSAL SCHEDULE
00 21 00 INSTRUCTIONS TO OFFERORS (RFP)
00 22 00 PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS AND
EVALUATION
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 11 00.00 26 SUMMARY OF WORK
01 12 00 CONSTRUCTION GENERAL
01 22 00.00 10 MEASUREMENT AND PAYMENT
01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS
01 33 00 SUBMITTAL PROCEDURES
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 41 26.06 24 (NORTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER
DISCHARGES FROM CONSTRUCTION SITES
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)
01 57 20.00 10 ENVIRONMENTAL PROTECTION
01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL
01 78 39.00 24 AS-BUILT DRAWINGS
DIVISION 02 - EXISTING CONDITIONS
02 82 13.00 10 ASBESTOS ABATEMENT
DIVISION 05 - METALS
05 50 03.00 26 METALWORK FABRICATION, MACHINE WORK, AND MISCELLANEOUS
PROVISIONS
05 50 04.00 26 METALS: MISCELLANEOUS, STANDARD ARTICLES, SHOP FABRICATED
ITEMS
DIVISION 09 - FINISHES
09 97 02 PAINTING: HYDRAULIC STRUCTURES
DIVISION 26 - ELECTRICAL
26 05 00.00 26 BASIC ELECTRICAL MATERIALS AND METHODS
DIVISION 41 - MATERIAL PROCESSING AND HANDLING EQUIPMENT
41 01 20.71 26 BRIDGE CRANE DATA, TESTING, AND TRAINING
41 01 20.72 26 BRIDGE CRANE MECHANICAL AND STRUCTURAL REHABILITATION
41 01 20.73 26 BRIDGE CRANE ELECTRICAL REHABILITATION
-- End of Project Table of Contents --
(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
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
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
W9128F18R0008
U.S.ARMY CORPS OF ENGINEERS, OMAHA
Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901
The offeror hereby agrees to do all work described in the documents entitled:
100 Ton Intake Bridge Crane Emergency Repair, Garrison Dam, ND
RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION
00 45 00. ELECTONIC COPIES OF OFFER ARE ACCEPTABLE.
*BLOCK 13a. – REFER TO SECTION 00 22 00 FOR SUBMISSION OF OFFER.
THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS.
U.S.ARMY CORPS OF ENGINEERS, OMAHA
Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901
CT
Wayne Weidenhamer (402) 995-2074
1 of 402/12/2018
03/15/2018
2:00 pm
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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
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.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements 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.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
DUNS Number or Unique Entity Identifier Number:
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
SEE ATTACHED CLIN PRICING SCHEDULE
Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________
00 10 00 Page 3
Pricing Schedule
CLIN DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
BASE ITEMS
0001 CRANE REPAIR DESIGN EFFORT 1 JOB xxx $_______________
0002 MOBILIZATION AND DEMOBILIZATION 1 JOB xxx $_______________
0003 ELECTRICAL REHABILITATION 1 JOB xxx $_______________
MECHANICAL AND STRUCTURAL
REHABILITATION
1 JOB xxx $_______________
0005 LEAD BASED PAINT REMOVAL 1 JOB xxx $_______________
0006 PERFORMANCE AND LOAD TESTING 1 JOB xxx $_______________
0007 TRAINING 1 JOB xxx $_______________
0008 ALL REMAINING WORK 1 JOB xxx $_______________
SUBTOTAL BASE $_______________
OPTIONAL ITEMS
FURNISH AND INSTALL MAIN HOIST
LOWER LOAD BLOCK SHEAVES
6 EA $_______________ $_______________
FURNISH AND INSTALL MAIN HOIST
WIRE ROPE
1 JOB xxx $_______________
FURNISH AND INSTALL AUX HOIST
WIRE ROPE
1 JOB xxx $_______________
0012 WELD INSPECTION – MISC NTE*
0012AA
QA DYE PENETRANT WELD
INSPECTIONS
100* FT $_______________ $_______________
0012AB QA ULTRASONIC WELD INSPECTIONS 100* FT $_____________ $_____________
0012AC QA MAGNETIC PARTICLE INSPECTIONS 100* FT $_____________ $_____________
SUBTOTAL OPTIONS $_______________
TOTAL BASE + OPTIONS $_______________
00 10 00 Page 4
* Quantity is “NTE” (Not-to-exceed) the specified number of units.
1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options.
The Government reserves the right to exercise the options within 60 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. 0008.
4. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.
100 Ton Intake Bridge Crane Emergency Repair, Garrison Dam, ND GR88
SECTION TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
SECTION 00 21 00
INSTRUCTIONS TO OFFERORS (RFP)
11/17
PART 1 GENERAL
1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
(JUL 2016)
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 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2014)
1.5 FAR 52. 215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND
DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)
1.6 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)
1.7 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)
1.8 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE
OF THE WORK (MAY 2014)
1.9 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2014)
1.10 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006)
1.11 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).
1.12 (FAR 52.252-1) SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
1.13 DFARS 252.204-7004) ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT
(FEB 2014)
1.14 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED
DEFENSE INFORMATION CONTROLS (OCT 2016)
1.15 (DFARS 252.215-7008) ONLY ONE OFFER (OCT 2013)
1.16 SOLICITATION RESTRICTIONS
1.16.1 GENERAL CONTRACTOR
1.16.2 ESTIMATED CONSTRUCTION COST
1.16.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS
1.16.4 SUBMISSION DEADLINE
1.17 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS
1.18 OFFEROR'S QUESTIONS AND COMMENTS
1.18.1 BIDDER INQUIRY
1.19 GENERAL DESCRIPTION OF WORK
1.20 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD
1.21 SOURCE SELECTION BOARD (SSB)
1.22 FEDERAL, STATE AND LOCAL TAXES
1.23 TAXES - NORTH DAKOTA
1.23.1 USE TAX
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)
11/17
PART 1 GENERAL
1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this provision-
“Electronic Funds Transfer (EFT) indicator” means a fourcharacter suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
"Registered in the System for Award Management database" means that-
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into 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 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.
DOCUMENT 00 21 00 Page 3
(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
2016)
(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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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.
(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
DOCUMENT 00 21 00 Page 4 areas and does not already have a CAGE code assigned, the DLA Commercial 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 https://cage.dla.mil.
(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 at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation.
Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(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.
(End of provision)
1.4 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item,"
DOCUMENT 00 21 00 Page 5
"construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at
FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
1.5 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.
DOCUMENT 00 21 00 Page 6
(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 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)
DOCUMENT 00 21 00 Page 7
1.6 (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)
1.7 (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)
1.8 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF
THE WORK (MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
1.9 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at
FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that
DOCUMENT 00 21 00 Page 8 requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
1.10 (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)
1.11 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) A site visit is scheduled for 22 February 2018 at 10:00 am.
Contractors interested in seeing the site need to make reservation with Leeann Wimer telephone (701)654-7714 or by e-mail at Leeann.R.Wimer@usace.army.mil
(End of provision)
1.12 (FAR 52.252-1) SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full
DOCUMENT 00 21 00 Page 9 text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/ (End of provision)
1.13 (DFARS 252.204-7004) ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB
2014)
As prescribed in 204.1105, substitute the following paragraph (a) for paragraph (a) of the provision at FAR 52.204-7:
(a) Definitions. As used in this provision—
“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.
“Commercial and Government Entity (CAGE) code” means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”
“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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, 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 Contractor will be required to provide consent
DOCUMENT 00 21 00 Page 10 for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record “Active.”
1.14 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE
INFORMATION CONTROLS (OCT 2016)
(a) Definitions. As used in this provision—
“Controlled technical information,” “covered contractor information system,” covered defense information, cyber incident, information system, and technical 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 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 service or system operated on behalf of the Government (see 252.204-7012(b)(2))—
(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) that are in effect at the time the solicitation is issued or as authorized by the contracting officer, 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 are 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)
1.15 (DFARS 252.215-7008) ONLY ONE OFFER (OCT 2013)
(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the offeror that—
(1) Only one offer was received; and
DOCUMENT 00 21 00 Page 11
(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:
(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror 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; or
(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.
(3) 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 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.
DOCUMENT 00 21 00 Page 12
(4) 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:
(i) The Offeror shall prepare and submit 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, unless the Contracting Officer and the Offeror agree to a different format.
(ii) 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.
(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification.
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
(d) If negotiations are conducted, the negotiated price should not exceed the offered price.
(End of provision)
1.16 SOLICITATION RESTRICTIONS
1.16.1 GENERAL CONTRACTOR
SOLICITATION OF PROPOSALS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS
ONLY.
1.16.2 ESTIMATED CONSTRUCTION COST
The estimated construction cost of this project is between $500,000 and $1,000,000.
DOCUMENT 00 21 00 Page 13
1.16.3 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.
1.16.4 SUBMISSION DEADLINE
Offer shall be submitted electronically to Wayne Weidenhamer and Nadine Catania, Contract Specialists, at emails Wayne.C.Weidenhamer@usace.army.mil and Nadine.L.Catania@usace.army.mil no later than the time and date as specified in Section 00 10 00, Page 1. Acceptable format of electronic file(s) shall be PDF, and shall be coordinated with Contract Specialist prior to submission. Coordinate directly with Contract Specialist with any questions related thereto.
1.17 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS
Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted 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).
1.18 OFFEROR'S QUESTIONS AND COMMENTS
Questions and/or comments relative to these documents should be submitted via Bidder Inquiry as indicated below. See instructions on when e-mail or mailing is appropriate. Mailing address is shown on the Standard Form SF 1442, Item 8, unless directed otherwise.
Questions and/or comments relative to these bidding (proposal) documents that is proprietary in nature or if Bidder Inquiry system (See Below) is out of service should be submitted to the Contract Specialist:
Contract Specialist - Primary POC:
Wayne Weidenhamer Wayne.C.Weidenhamer@usace.army.mil 402-995-2074
1.18.1 BIDDER INQUIRY
Technical inquiries and questions relating to technical requirements, bidding procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than the deadline listed in Section 00 22 00, in order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m.
(Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.
DOCUMENT 00 21 00 Page 14
To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor 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.
The Solicitation Number is: W9128F18R0008
The Bidder Inquiry Key is: DF9ETT-V2XM84
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.
DOCUMENT 00 21 00 Page 15
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. The Bidder Inquiry System will be unavailable for new inquires after:
(See Section 00 22 00 for deadline), in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
d. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
e. 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.
f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.
1.19 GENERAL DESCRIPTION OF WORK
Scope of project includes all work for structural, mechanical, and electrical rehabilitation of Garrison Intake Bridge Crane main hoist and related work. The structural work includes modifying the bridge walkway to allow mounting new control panels. The mechanical work includes but is not limited to designing and installing new motors, brakes, gearboxes, and couplings for the main hoist, replace aux hoist load block sheaves.
Electrical work includes, but is not limited to motors, brakes, complete VFD control system, conduit, wiring, and aux. devices, install new trolley festoon system, install new cables for new main hoist and existing auxiliary hoist and trolley functions. Work shall be in accordance with Request for Proposal documents issued with this solicitation.
1.20 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD
See Section 00 22 00 SUPPLEMENTARY INSTRUCTIONS, PROPOSAL SUBMISSION AND
EVALUATION.
1.21 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.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it.