W9128F22B0010.pdf

MRR6

Bank Stabilization & Navigation Project (BSNP)

Structures Repair Project

Missouri River, IA, MO & NE.

X

MARK D COOLEY 402-995-2200

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

03-Jun-2022

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128F22B0010 130

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specifications - Attachment 2 Rock Specifications Attachment 3 Drawings 1 of 2 - Attachment 4 Drawings 2 of 2 -

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job BSNP River North

FFP

Entire work, complete, for quarried stone as shown on the drawings and in the specifications.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job BSNP River South

FFP

Entire work, complete, for quarried stone as shown on the drawings and in the specifications.

FOB: Destination

NET AMT

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-20 Bid Samples APR 2002 52.214-21 Descriptive Literature APR 2002 52.214-23 Late Submission, Modifications, And Withdrawals Of

Technical Proposals Under Two-Step Sealed Bidding

NOV 1999

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns

APR 1984

52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

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)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ________ percent of the bid price or $________, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 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

U.S. Army Corps of Engineers - Omaha District Attn: John Hickman 1616 Capitol Ave

Omaha, NE 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for—

To be given at Step II

(c) Participants will meet at—

To be given at Step II

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 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):

The full text FAR provisions can be found:

https://www.acquisition.gov/browse/index/far

The full text of DFARS provisions can be found at:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation..

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

1.1 GENERAL BIDDING INFORMATION

Bidders shall e‐mail bids to the below individuals no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recent SF 30, as applicable:

John Hickman, Contracting Officer: john.d.hickman@usace.army.mil Mark Cooley, Contract Specialist: mark.d.cooley@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F22B0010

b. Bid Due Date and Time:

c. Bid Validity Date: 60 Days

Bids received after the date and time stated within Block 13 of the SF 1442 or Block 14 of the most recent SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must ensure the e‐mail submission is virus‐free. The government will follow FAR 14.406 if an e‐mail bid is unreadable.

Bidders should enter a description for every file submitted. Bidders should separate files over 20 megabytes (MB) into smaller files and send separate e‐mails. Bidders shall identify each e‐mail with the number relative to the total number of e‐mails submitted (i.e., “e‐mail 1 of 4”). Bidders should request government receipt upon sending all e‐mails. Bidders should not assume e‐mail submissions are instantaneous and must consider file size and number of files sent.

Bidders must be registered in the System for Award Management (SAM) when sending the bid to comply with the annual representations and certifications requirements. The offeror certifies with its offer that the representations and certifications included in SAM are current, accurate, and complete.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

Bidders must include the below information with the bid:

a. Standard Form (SF) 1442 with Blocks 14 through 20c completed and a person’s signature authorized to sign. Bidders must include their CAGE Code in Block 14, under

“CODE.”

b. Bid Schedule (SECTION 00 10 00).

c. Bid Bond (SF‐24) (only required for step two); and

d. Bidder must complete provisions from SECTION 00 45 00 – Representations and Certifications, as applicable and listed below.

i. Bidders must complete and include the certification at FAR 52.209‐13 Violation of Arms Control Treaties or Agreements‐Certification.

ii. Bidders must complete and include the representation at FAR 52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment ONLY based on its online representation in the provision at 52.204‐26 Covered Telecommunications Equipment or Services‐Representation in

SAM.

iii. Bidders must include the representation at 252.204‐7017 Prohibition on the Acquisitions of Covered Defense Telecommunications Equipment or Services‐ Representation ONLY based on its online representation in the provision at 252.204‐7016 Covered Defense Telecommunications Equipment or Services‐ Representation in SAM.

1.1.2 BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by conference call at 3:00 pm CST. The government scheduled the bid opening an hour after the due date to allow enough time to download all e‐mail documents. No hard copy documents will be accepted.

1.1.3 INFORMATION FOR MODIFYING BIDS

If a bidder needs to modify its bid, the bidder shall send the revised offer by e‐mail before the date submitted within Block 13 of the SF 1442 or Block 14 of the most recently issued SF 30 applicable.

1.1.3 ARITHMETIC DISCREPANCIES

Any clerical mistake, including arithmetic discrepancies in a bid, will be handled according to FAR 14.407‐2. Any clerical error, apparent on its face in the offer, may be corrected by the contracting officer before award, but only after first obtaining bidder verification of the bid intended. The following are examples of mistakes that may be fixed:

(1) Obviously misplaced decimal points;

(2) Discrepancies between unit price and extended price (unit price will govern);

(3) Apparent errors in extension of unit prices;

(4) Apparent errors in addition of lump sum and extended prices.

1.1.4 BASIS FOR AWARD

Per FAR 52.214‐19 Contract Award‐Sealed Bidding‐Construction in Section 00 21 00 (Instructions), the government will evaluate bids in response to this solicitation without discussions. It will award a contract to the responsible bidder whose offer, conforming to the solicitation, will be most advantageous to the government, considering only price and the pricerelated factors specified elsewhere in the solicitation.

1.1.5 DESCRIPTION OF WORK

The 2019 floods caused significant damage to the Missouri River Bank Stabilization and Navigation Project (BSNP) structures. The damaged structures include revetments, dikes, kickers, L‐head dikes and vanes. These structures are critical to maintaining a navigation channel on the Missouri River. Under this construction contract, critical damaged BSNP structures will be rehabilitated by adding quarried rock to replace areas of deterioration. In areas with substantial loss of structural material, the work will effectively rebuild parts of the structure. The quantity of rock for each site is intended to bring the structures to the lines and grades shown on the crosssections.

1.1.6 ESTIMATED CONSTRUCTION COST

The estimated magnitude of construction is between $10,000,000.00 and $25,000,000 for each site (CLIN 0001, and CLIN 0002).

1.1.7 BID GUARANTEE

See 52.228‐1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney‐in‐fact with authority to bind the surety. At the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation. A power of attorney must include a certification as to the authority of the surety’s agents supported by a resolution of the surety authorizing their use and committing it bound by them. Electronic signatures and electronic, mechanically‐applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF‐24 is not required. Mailing a bid guarantee is not allowed.

1.1.8 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228‐15 Performance and Payment Bonds‐Construction (JUN 2020) (DEVIATION 2020‐ O0016) in Section 00 72 00 (General Conditions). The performance bond must be on SF‐25, and the payment bond must be on SF‐25A. Electronic signatures and electronic, mechanicallyapplied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF‐25 or SF‐25A is not required.

1.1.9 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. The government will post all solicitation documents to https://beta.sam.gov/. The bidder is responsible for checking the website for amendments.

To view a list of interested vendors and receive notifications or e‐mail of changes regarding the solicitation, bidders must register as vendors on the website listed above. If a bidder is already registered, enter the user name and password to log in and search for the solicitation number. If you wish for general contractors, subcontractors, suppliers, plan rooms, or print shops to have the ability to contact you, click on the “Add Me to Interested Vendors” for this solicitation.

1.1.11 REJECTION OF BIDS

The government will handle the rejection of bids per FAR 14.404. The government may reject an offer if the prices for line items or subline items are materially unbalanced (see 15.404‐1(g)).

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques.

1.1.12 NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 USC 83 chapter 83, Buy American) generally requires that contractors use only domestic construction material during the performance of this contract.

Exception from the Buy American statute is permitted only in the case of non‐availability of domestic construction materials or allowed under Trade Agreements if included in the solicitation. A bid offering non‐domestic construction material will not be accepted unless specifically approved by the government or authorized under Trade Agreements if included in the solicitation. When a bidder proposes to furnish non‐domestic construction material, the bid must set forth an itemization of the quantity, unit price, and intended use of any non‐domestic construction material.

1.1.13 FEDERAL, STATE AND LOCAL TAXES

The bidder is responsible for investigating applicable federal, state, and local taxes and any specific exemptions that may exist and includes applicable Value‐Added Taxes (VAT), sales, use, and excise taxes. See 52.229‐3 Federal, State, and Local in Section 00 72 00 (General Conditions).

1.1.14 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt, and the bidder must include tax in the bid. Telephone: (402) 595‐2065 (Department of Revenue‐Omaha).

1.1.15 MISSOURI SALES AND USE TAX

Materials installed under this contract are not exempt, and the bidder must include tax in the bid. Contact the Missouri Department of Revenue.

1.1.16 IOWA SALES AND USE TAX

The contractor is responsible for payment of Iowa Sales and Use taxes for all materials used under this contract. Section 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS, provision "IOWA SALES AND USE TAX," requires the Contractor to furnish to the Contracting Officer the statement required by Section 422.45 (7a), Iowa Code annotated, and to include in subcontracts and purchase orders a clause insuring submission of the statement by first tier subcontractors and suppliers and their subcontractors and suppliers. Telephone: (515) 281‐3114 (Department of Revenue).

a. In the event goods, wares or merchandise on which the Contractor has paid Iowa sales or use tax become an integral part of the project, the Contractor shall obtain appropriate forms from the Iowa State Tax Commission for recording the amount of purchases of such goods, wares, or merchandise, and shall complete, execute, and deliver them to the Contracting Officer prior to final settlement of the contract. The Contractor shall provide and report all data and information which may be necessary or required to enable the Contracting Officer to obtain all refunds from the Iowa Tax Commission to which the Federal Government may be entitled.

b. The contractor shall insert a clause containing the substance of the foregoing paragraph a. in every first tier subcontractor or vendor to include such a clause in any subcontract or purchase order which he places. The Contractor shall obtain completed forms from his subcontractor and suppliers for submission to the Contracting Officer before final settlement of the contract.

1.1.17 BIDDER’S QUESTIONS AND COMMENTS

Bidders must submit questions and comments relative to the bidding documents via Bidder Inquiry as indicated below.

Bidders may submit questions and comments relative to any proprietary concerns or bidding documents, or if the Bidder Inquiry system is out of service, to the individuals below:

Contract Specialist – Mark Cooley mark.d.cooley@usace.army.mil

Contracting Officer – John Hickman john.d.hickman@usace.army.mil

1.1.17.1 BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, ten calendar days before bid opening, to allow the government time to respond before receipt of bids or issue an amendment.

Bidders must use the Bidder Inquiry Key and instructions below to submit and review inquiry items. A bidder who enters a comment/question will receive an acknowledgment of their comment /question by e‐mail, followed by an answer to the comment/question after the government has processed it.

The government will make available all timely questions and approved answers in ProjNet.

The Solicitation Number is: W9128F22B0010

The Bidder Inquiry Key is: 9EXVCA‐6MXRUZ

a. Registration for ProjNet Bidder Inquiry Access

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

2. Select USACE for the Agency.

3. Enter the Bidder Inquiry Key above.

4. Enter the primary e‐mail address to use for communication for.

5. Check the “I agree to the Privacy & Security Notice” box and click Continue. A page will 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, E‐mail, Secret Question, Secret Answer, and Time Zone. Bidders will use the answer to the Secret Question from this point on to access the ProjNet system.

7. Click Add User. Once completed, ProjNet registration is complete, and the bidder is logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, bidders will not receive a password by e‐mail.

Bidders will utilize the 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. Select USACE for the Agency.

4. Enter the Bidder Inquiry Key above.

5. Enter the primary e‐mail address used to register.

6. Check the “I agree to the Privacy & Security Notice” box and 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 complete, the bidder is logged into the system.

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

c. Bidders are requested to review the plans and specifications in their entirety and review the Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

d. The call center operate weekdays from 8 am to 5 pm Central Standard Time Zone (Chicago). The telephone number for the call center is 800‐428‐HELP.

1.1.18 AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening on https://www.beta.sam.gov/.

Section 00 22 00 - Supplementary Instructions

EVALUATION CRITERIA

OFFER

EVALUA

TION

STEP-ONE- TECHNICAL PROPOSALS EVALUATION

The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors listed below. Each of the evaluation factors will be evaluated by the Government and either an “acceptable”, “unacceptable” or “reasonably susceptible of being made acceptable” rating will be determined by consensus of the Government evaluation board. There are no relative weights assigned to the factors. A Step-One acceptable technical proposal must be rated “acceptable” for all evaluation factors in order to receive an overall “acceptable” technical proposal rating.

Factor and Overall Technical Proposal Ratings. Each factor and the overall technical proposal as a whole will be given one of the ratings identified and defined as follows:

FACTOR RATINGS

(Factors 1 through 3)

DEFINITION

Acceptable The proposal meets the requirements of the RFP and indicates an adequate approach and understanding of the requirements.

Reasonably Susceptible of Being Made Acceptable (Note: This rating is not used for the overall technical proposal rating)

The proposal, as proposed, cannot be rated as Acceptable because of error(s), omissions(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal.

Unacceptable The proposal does not meet the requirements of the RFP.

FACTOR 4 RATING

(Past Performance)

DEFINITION

Acceptable Proposal meets the requirements of the RFP, and based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Proposal does not meet the requirements of the RFP, and / or based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

1. FACTORS, SUBMISSION REQUIREMENTS, ACCEPATILITY CRITERIA.

The information provided in this section will be used in evaluating the offeror’s capability, rock supply source and rock quality, and past performance.

Project Description: The contract will require placement of stone meeting USACE specifications within the Missouri River at locations accessible via floating plant. Placement locations will be in the general vicinity on the Missouri River between Sioux City, IA, and Rulo, NE. Placement will consist of maintenance work along the navigation channel on or near existing rock structures. Structures consist of a variety of types including revetments, reverse sills, chevrons, dikes, L-heads, and kickers.

Placement locations will generally be accessible via floating plant. Some locations may require incidental material movement to facilitate floating plant access. Placement rate will generally vary between 3 and 15 tons/foot. Drawings illustrating the work area and typical details of structure repairs are included in Appendix A.

Factor 1 – Construction Equipment, Staff, and Rock Placement Capability.

Submission Requirements:

The Contractor shall prepare and submit a narrative demonstrating adequate floating plant and equipment to perform the work. The narrative shall not exceed three pages in length. The contractor shall submit copies of all licenses and certificates required in Factor 1 in addition to the narrative. The total narrative for Factor-One shall be no more than three pages in length and shall include, as a minimum, the following elements and sub-elements.

1. The narrative shall identify ownership or access to floating plant equipment, pilots, operators, and crew including the following.

a. Floating plant consisting of tow vessels, material barge(s), work barge(s), excavator(s), support vessels.

i. At least two tow vessels, 27 feet long or longer.

ii. 4 equipment barges.

iii. Mechanisms to load and place rock (loaders and excavators).

iv. Support vessel such as a skiff.

v. Equipment type, manufacturer, make, model, year, dimensions, draft, propulsion engine horsepower, maximum load capacity.

b. Tow Vessel Pilots and Licenses. Identify all tow vessel pilots that may operate the tow vessels.

All pilots shall be appropriately licensed. Contractor shall provide copies of all proposed tow vessel pilots’ current license.

c. Certificates of Inspection for vessels listed in 1a.

d. The narrative shall also indicate the experience of the contractor and a description of means and methods for transporting and placing up to 170,000 tons of stone per year for three consecutive years from the source locations/quarries to the placement locations on the Missouri River. The narrative shall include a means and methods paragraph(s) that provides an overview discussion that demonstrates the Contractor understands the necessary means and methods to accomplish the work. Relevant information would include assumed means and methods of transport, weekly or monthly placement rates, and transport time from the rock source. The narrative shall also account for the following parameters.

i. Placement beginning in fall of 2022 and lasting until December of 2025 assuming an annual placement period of 8 months per year.

ii. Capability shall account for an annual placement period that matches the navigation flow support season on the Missouri River. The annual placement period will include less than 8 months, from 1 April through 20 November for the entire reach of river.

Evaluation Criteria:

The Government will evaluate the contractor’s response to Factor 1 in its entirety and categorize the proposal with one combined technical evaluation for this factor. The proposal must be in an organized manner that acceptably addresses the elements and sub-elements listed in the submission requirements.

Minimum Acceptability Criteria:

The contractor’s narrative must include all the elements and sub-elements listed in 1a through 1d above. A table or bulletized list of available equipment is adequate for 1a provided it’s accompanied by a signed statement by the CEO or President of the company indicating that all such equipment can be or has been secured and will be made available if any contracts are awarded under Step 2 of this process. 1d may be demonstrated within the narrative by providing a statement that indicates capability to meet the sub-portions in 1d as long as it includes a signed commitment by the CEO or President of the company.

Factor 2 – Stone Quality and Capacity.

The contract will require placement of stone meeting USACE specifications within the Missouri River at locations shown on Figure 1, Project Plans, Appendix A. Specific structures, and locations will be provided in Step 2. All stone to be placed in all locations in the eventual Step 2 plans and specifications will be subject to the specification provided in Appendix D of this solicitation. Step 1 requires investigations and a narrative describing the results of the investigations. The investigations and the narrative shall address the items specified below in the Factor 2 submission requirements. The current stone specification, in its entirety, is provided for reference in Appendix D.

The Contractor shall review and fully comprehend the specification. Questions should be submitted via Projnet, as described in the earlier portion of this solicitation.

Contractors shall expect the Corps to perform quality testing of the stone supplied during performance of any contract awarded resulting from Step-Two.

The Step-Two project Plans and Specifications will include additional and substantial project requirements.

Submittal and acceptance of the Step 1 Contractor listed stone sources does not imply any Government acceptance of Contractor identified stone sources for project use.

1. Narrative. The Contractor shall provide a brief narrative, no more than 1 page in length, summarizing the stone investigation and including all the following items.

a. The narrative shall identify and include the names of the quarries and contact information for the representatives of the quarries that were coordinated with during the investigation.

b. The narrative shall indicate whether the contractor has secured a preliminary agreement with a quarry that can supply or has previously supplied stone that meets the requirements (or similar requirements) of the specification in Appendix D.

i. Previously supplied stone must have been supplied within the last one year.

c. The total capability from all stone sources must be at least 170,000 tons a year. The narrative shall indicate whether the contractor has secured or gained access to quarries willing to supply 170,000 tons/year of stone that meets the requirements of the specification in Appendix D.

2. Quarry Demonstration Form. The Contractor shall complete Appendix C in addition to the narrative, Quarry Demonstration Form, to document stone quality and capability.

3. Testing Results - All stone that will be allowed for use on the job must meet the stone quality specification requirements in Appendix D. In addition to the 1-page narrative and the form located in Appendix C, the Contractor shall also provide available stone test results as demonstration of quality. However, no new testing is required for this submittal. Offerors who fail to provide previous, similar test results, may be rated as unacceptable. Test results shall be substantially similar to those required in the appendix D, Stone specification.

The Government will evaluate the Contractor provided documentation in its entirety and categorize the proposal with one combined technical evaluation for this factor. The Contractor should include the narrative, completed Appendix C, and any optional supplemental information combined in an organized manner for Factor 2.

The contractor proposal must, at a minimum, include and address all the elements and sub-elements listed in the submission requirements for this factor. A Factor 2 rating of “acceptable” will be assigned if the submittal demonstrates the Contractor has provided the required narrative and quarry demonstration form.

Factor 3 – Past Performance.

The contractor must submit signed copies of all interim and final ratings received during the time period of October 1, 2017, to October 1, 2022 as included in the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Assessment Reporting System

(CPARS) or other databases using all CAGE/UEI numbers of team members (joint venture, teaming arrangement, or parent company/subsidiary/affiliate) that will be performing the work identified in Factor 1 above. All ratings must include the contact information, e-mail or phone, of the rating official.

The government will evaluate past performance ratings from all interim and final CPARS ratings and categorize the proposal with one evaluation for this factor. Contractor must submit signed copies of all interim and final CPARS ratings received for the time period of October 1, 2017, to October 1, 2022.

The Government may also review past performance information from any sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Assessment Reporting System (CPARS) or other databases using all CAGE/UEI numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal;

interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The evaluation may take into account the number and severity of problems, the demonstrated effectiveness of corrective actions taken, and the overall work record.

The contractor proposal must, at a minimum, include and address the elements and sub-elements listed in the submission requirements for this factor. A Factor 3 rating of “acceptable” will be assigned if the submittal demonstrates all the Contractor’s ratings have been better than “unsatisfactory”. All proposals including any interim or final ratings of unsatisfactory will be rated as “unacceptable” for this factor. All contractors receiving an unacceptable rating for this factor will be disqualified from bidding in Step-Two. Contractors that possess no CPARS ratings will be rated as “acceptable” for this factor.

The government will also independently search, secure, and review all ratings in the previously mentioned rating systems. The same acceptability criteria will apply to ratings the government discovers and secures.

Attachment 2

Past Performance Questionnaire

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information

Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information

Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE.

PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND

ALL INFORMATION ON THIS FORM.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor negative.

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

W9128F22B0010

Section 00 45 00 - Representations and Certifications

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

DEC 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision…