W9128F22R0011.pdf

The off eror hereby agrees to do all w ork described in the documents entitled:

Gavins Point Bulkhead Tailrace, Gavins Point Dam, South Dakota

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

THIS SOLICITATION IS A 100% SMALL BUSINESS SET-ASIDE.

BRIANNA BOEHNE 402-995-2668

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

24-May-2022

(RFP)

(IFB)

X

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 ________480 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 ______________27 Jun 2022 (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 is, X 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

02:00 PM (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:

W9128F22R0011 81

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

PRICING SCHEDULE

W9128F22R0011 Gavins Point Tailrace Bulkheads

00 11 00 Pricing Schedule

ITEM

DESCRIPTION

ESTIMATED

QUANTITY

UNIT

UNIT

PRICE

AMOUNT

BASE BID

0001 Fabrication of Draft Tube 1 Job XXXX $ Bulkheads

0002 Delivery of Draft Tube 1 Job XXXX $ Bulkheads

0003 Removal and Disposal of 1 Job XXXX $ Existing Draft Tube Bulkheads

TOTAL BASE $

TOTAL $

OPTION ITEMS

0004 Supply of Spare Parts 1 Each XXXX $

Subtotal Option (Item 0004) $

TOTAL (Items 0001 thru 0004) $

PRICING (CLIN) SCHEDULE NOTES:

1. Offerors must insert a price on all numbered items of the PRICING SCHEDULE. Failure to do so will disqualify the Offer.

2. Only one contract will be awarded under this solicitation.

3. See Section 01 22 00.00 26 MEASUREMENT AND PAYMENT for more information.

4. The Government may exercise an option by written notice to the Contractor within 450 days of contract award.

-- End of Document --

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Fabrication of Draft Tube Bulkheads

FFP

Fabrication of Draft Tube Bulkheads FOB: Destination

PSC CD: Y1KA

NET AMT

0002 1 Job Delivery of Draft Tube Bulkheads

FFP

Delivery of Draft Tube Bulkheads

0003 1 Job Removal and Disposal of Existing Draft

FFP

Removal and Disposal of Existing Draft Tube Bulkheads

0004 1 Job OPTION Supply of Spare Parts

FFP

Supply of Spare Parts

Section 00 21 00 - Instructions

SECTION 00 21 00

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

SOLICITATION RESTRICTIONS

GENERAL CONTRACTOR

This solicitation is 100% Small Business Set aside.

ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $1,000,000 and $5,000,000.

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.

SUBMISSION DEADLINE

Contractors shall submit their proposals via email to the following individuals by no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable:

Daniel Monahan, Contract Officer: Daniel.D.Monahan@usace.army.mil Brianna Boehne, Contract Specialist: Brianna.Boehne@usace.army.mil

Each email shall contain the following solicitation number in the subject line: W9128F22R0011

Files over 20 megabytes (MB) shall be separated into smaller file sizes and sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e., "email one of four"). Once all the emails submitted have been received the Government will confirm receipt via responsive email.

Proposals received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a proposal, the offeror must make every effort to ensure its electronic submission is virus-free.

Proposals, or portions thereof, submitted with the presence of a virus.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Contractor/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e., Contractor's submission and all teammate/subcontractor(s) independent submissions) must be received by the due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

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 U.S. General Services Administration website at:

https://sam.gov/

It shall be the Offeror’s responsibility to check the website 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 sam.gov web site listed above (registration required).

OFFEROR'S QUESTIONS AND COMMENTS

SITE VISIT

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.

A site visit is scheduled for Tuesday, 07 June 2022 at 10:00am. (CST) Contractors interested in attending the site must make a reservation with Michael (Moose) Welch by e-mail at Michael.V.Welch@usace.army.mil. Contractors are to meet at the Gavins Point Power Plant. Contact Mr.

Welch if directions are needed.

BIDDER INQUIRY

Solicitation questions and/or comments must be submitted via Bidder Inquiry in ProjNet at:

https://www.projnet.org/projnet/. All Bidder Inquiries must be submitted no later than ten (10) calendar days before the proposal due date in order for inquiries to be given consideration or actions taken prior to the receipt of offers. All timely questions and approved answers will be made available through ProjNet.

The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions. In the event the Bidder Inquiry method is unavailable and issue resolution is unsuccessful, inquiries may be submitted via email to the Contract Specialist listed below. Inquiries considered proprietary by the prospective vendor may also be submitted via email.

Contract Specialist – Primary POC: Brianna Boehne

Brianna.Boehne@usace.army.mil 402-995-2668 (Telephone)

To submit and review Bidder Inquiries, prospective offerors will need to use the Bidder Inquiry Key and instructions listed below. A prospective offeror who submits a comment /question will receive an acknowledgement of their comment/question via ProjNet email notification after an answer to the comment/question has been processed by the Government technical team.

Solicitation Number is: W9128F22R0011 Bidder Inquiry Key is: 3DYUXK-J3DTDR

Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to (b) 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.

Entering Bidder Inquiries in ProjNet Bidder Inquiry System

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

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

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

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

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

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

Question.

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

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

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

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.

PLAN HOLDERS LIST

For viewing a list of interested vendors (i.e. Plan Holders List) and receiving notifications or email of changes regarding a solicitation, U.S. General Services Administration has these features available (https:// sam.gov/). For this solicitation, go to https://sam.gov/ and register as a vendor or enter username and password to login.

If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on "Add me to Interested Vendors" for the solicitation.

GENERAL DESCRIPTION OF WORK

Scope of project includes all work required for the Gavins Point Tailrace Bulkheads Replacement project.

Work shall be in accordance with Request for Proposal documents issued with this solicitation.

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION, AND CONTRACT

AWARD

The Contracting Officer has established a Source Selection Board to conduct an evaluation of each proposal received in response to this Solicitation. The evaluation will be based exclusively on the merits and content of the proposal and any subsequent discussion required. The identities of the SSB personnel are confidential, and any attempt by the proposers to contact these individuals is prohibited.

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

EVALUATION.

FEDERAL, STATE AND LOCAL TAXES

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

TAXES.

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

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

Questions or Assistance Needed in Developing Subcontracting Plan. For any questions or assistance needed in developing the subcontracting plan, contact the Contract Specialist or District's Deputy for Small Business (See paragraph: OFFEROR'S QUESTIONS AND COMMENTS. Please contact the Contract Specialist listed or the District's Deputy for Small Business your inquiries to 402- 995-2919).

-- End of Section --

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 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

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

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

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

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

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

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

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FFP contract resulting from this solicitation.

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 Contracting Officer.

(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)

(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.

Reference Paragraph 3.1 below for Site Visit information.

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):

www.acquistion.gov

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 00

SECTION 00 22 00

PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

a. WHO MAY SUBMIT

This solicitation is restricted to Small Business participation.

All Offerors, including joint ventures, must be registered in the System for Award Management (SAM).

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

Government and will not be returned. After evaluation of proposals, the original will be retained for the official contract file. Electronic copies of the awardees’ proposal will be submitted to the Field and Area Offices in support of their contract administration functions.

b. GENERAL REQUIREMENTS In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the proposal submission requirements.

c. BIDDER INQUIRY Reference BIDDER INQUIRY (Section 00 21 00) for bidder question instructions and procedures.

d. FORMAT SIZE OF SUBMISSIONS All portions (other than an organization chart, Gantt charts or drawings (if provided)) shall be in 8-1/2" x 11" format.

e. PROPOSAL SUBMITTAL INSTRUCTIONS In an effort to reduce paperwork and cost, all proposals shall be submitted electronically via email directly to:

Brianna Boehne: Brianna.Boehne@usace.army.mil Daniel Monahan: Daniel.D.Monahan@usace.army.mil All submissions shall be in Adobe PDF format with Optical Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as “SEPARATE” single files. Offerors may use compression utilities such as 7-Zip, WinZip or PKZip to reduce file size and facilitate transmission. Offerors are encouraged to send both files in the same email, if possible.

1) Proposal Submittals Each submittal must contain Volume 1 and Volume 2 files named and structured as outlined below. Note the company name may be abbreviated.

5.1.1 Volume 1: Technical Proposal and Past Performance Information FILE NAME: W9128F22R0011_Company Name_Volume_1_Technical_Proposal

CONTENTS:

Table 1- Proposal Submittals

Location Description Vol. 1. TAB A Factor 1 – PAST PERFORMANCE

Vol. 1. TAB B Factor 2 – TECHNICAL APPROACH

Vol. 1. TAB C Factor 3 – PERSONNEL QUALIFICATIONS

AND EXPERIENCE

5.1.2 Volume 2: Price Proposal, Cost Information and Representations, Certifications, and Other Statements of Offerors

FILE NAME: W9128F22R0011_Company Name_Volume_2_Price_Proposal

CONTENTS:

Table 2: Price Proposal Requirements

Location Description Vol. 2 TAB A Factor 4 - PRICE (Standard Form

1442, Proposal Data Sheet And Contract Line Item Schedule)

Vol. 2 TAB B Evidence of Bondability

Vol. 2 TAB C Required Pre-Award Information

2) Late Submissions For the purposes of determining whether the proposal was received “late”, in accordance with FAR 15.208, the date and time the file(s) are received via email by the Contract Specialist(s) will be the time and date the Government received the proposal.

f. SUBMISSION DEADLINE Electronic proposals shall be received by the USACE Contracting Activity no later than the time and date specified in Block 13 of Standard Form 1442. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. PROPOSAL CRITERIA Offerors shall submit a proposal that meets or exceeds the minimum requirements of these Specifications through the replacement, modification or refurbishment of components identified in 00 10 00, PRICING SCHEDULE, of this solicitation.

h. EVALUATION OF PROPOSALS

1) Basis for Evaluation All proposals and documentation which have been properly submitted will be evaluated. Proposals will be evaluated on the basis of the factors stated in the solicitation to select the responsible Offeror whose proposal is most advantageous to the Government. Because of the number of proposals anticipated, uniformity of all proposals is essential to assure fair and accurate evaluation. All proposals must comply with the instructions in the solicitation.

Proposals that do not generally conform to the RFP requirements may be considered to have a “deficiency”, i.e. a defect that cannot be remedied by exchanges and/or permitted proposal revisions. If a proposal is suspected of having a deficiency, it will be brought to the immediate attention of the appropriate authority who will determine if there is a deficiency. If the determination is made that a deficiency exists, the proposal will not be evaluated further and will be eliminated from further consideration. The affected Offeror shall be promptly notified of the decision. Properly conforming proposals will be forwarded to the Source Selection Evaluation Board (SSEB) for evaluation. If, after award, the key personnel or subcontractors identified in the proposal are replaced, replacement personnel or sub-contractors with similar skills and experience equal to those presented in the proposal shall be presented to the Contracting Officer for approval. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions for these designated personnel or subcontractors.

Information obtained from owners, contract administrators, or other points of contact provided by the Offeror may affect the evaluation rating given for the factors related to the information provided.

Evaluations will be conducted in accordance with the Tradeoff Process, FAR 15.101-1. Volume 1, Factor 1 will be a rated IAW paragraph 8.4 of this section, and Factors 2 and 3 will be rated using a color and adjectival methodology with a narrative assessment. Volume 2 (Factor 4 - Price) will be evaluated after consensus scoring Factors 1 through

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

2) Evaluation Definitions

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

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness A significant weakness in the proposal is a flaw that appreciably increases the risk.

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

Omission A failure to provide information required by the solicitation and depending on the nature and extent of the omission it may be evaluated as a weakness, a significant weakness or a deficiency.

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

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

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

3) Combined Technical/Risk Rating The application of a scale of colors and adjectival description will be used in conjunction with narrative to denote the degree to which the proposal has met the standard for a non-cost factor. Ratings will be applied at the factor and subfactor level, as appropriate for this solicitation. If, at any factor or subfactor level, an Offeror’s proposal is evaluated as not meeting a minimum requirement (that is, below the level of “Marginal”), this fact must be included in the rating and narrative assessment at that level and at the factor level. Therefore, an unacceptable rating at any level may be carried to the factor level. The following ratings will be used to evaluate Factors 2 and 3:

Combined Technical/Risk Ratings

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

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

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

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

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

4) Past Performance Rating The past performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. The past performance evaluations result in two (2) ratings: relevancy and overall confidence. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in construction activities that are needed to meet the contract’s requirements. The Past Performance factor submission requirements and the method that the Government will use to evaluate the Offeror’s past performance is detailed in Factor 1 -Past Performance description below.

There are three (3) aspects to past performance: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information). While relevancy is also evaluated individually, all past performance aspects will be used to develop an overall confidence assessment rating for the Past Performance factor.

As an example of a past performance rating, a proposal evaluated as meeting the solicitation past performance criteria may be assessed ratings of “Relevant” and “Satisfactory Confidence.”

Recency The first aspect is to evaluate the recency of the Offeror’s past performance. With respect to recency, more recent past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than less recently completed projects. Recency criteria related to this solicitation is outlined in the Past Performance Submission Requirements section.

Relevancy The second aspect is to determine how relevant a recent effort accomplished by the Offeror is to the work required by this solicitation. The relevancy aspect focuses on evaluating the applicability of the Offeror’s previous work in relation to the solicitation requirements. Consideration shall be given to the features of an Offeror’s contract history that best demonstrates the Offeror’s ability to satisfy the current procurement requirements. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming. There are four (4) levels of relevancy as shown in the Table below.

Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Quality The third past performance aspect is quality. The Quality evaluation will examine how well Offerors have performed on previous projects considering such criteria as workmanship, timeliness, safety, customer service, adherence to budget, subcontractor management (timely payment to subs or suppliers), relations between owner and contractor, as well as the level of support provided for As-built documentation, O&M manuals, training, correcting construction errors, and warranty work. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The Offeror will be rated on its own performance. The Government may ask for Owners/References.

The past performance information required in this solicitation shall be provided by the Offeror. Past performance information may also be obtained from questionnaires. At the Government’s discretion, past performance information shall be obtained from any other sources available to the Government, to include, but not limited to, the Contractors Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency.

Performance Confidence Assessment A final performance confidence assessment rating will be based on the evaluation of recent and relevant past performance information and the assessment of the quality of past performance on prior contract efforts. The Government will review the past performance information to determine the quality and usefulness as it applies to the performance confidence assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings using the Table below.

Rating Description Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The Offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will be able to successfully perform the required effort.

No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

For Past Performance, an Unknown Confidence (Neutral) rating will be awarded when no past performance records are available. Per Federal Acquisition Regulation (FAR) 15.305(a)(2)(iv), “In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated either favorably or unfavorably on past performance." On the recommendation of the Source Selection Advisory Council, the Source Selection Authority may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is rated more favorably than a “Neutral Confidence” past performance rating in a best value tradeoff as long as the determination is consistent with stated solicitation criteria.

i. EVALUATION FACTORS FOR AWARD Evaluation of the factors listed below will be basis for award. The requirements specified in the solicitation are considered minimum requirements. A more favorable evaluation rating may be given for exceeding the minimum requirements. Note: Volume 1 Factors level of importance are noted below. Volume 2 (Price) is significantly less important to all of the combined Factor elements contained in Volume 1.

Basis for Award – See table below for relative importance of selection factors.

VOLUME 1 – TECHNICAL FACTORS

Factor/ Subfactor Location Description Relative Importance

FACTOR 1 Vol. 1. TAB A PAST PERFORMANCE Most Important Factor

FACTOR 2 Vol. 1. TAB B TECHNICAL APPROACH 2nd Most Important Factor (less important than Factor 1)

FACTOR 3 Vol. 1. TAB C PERSONNEL QUALIFICATIONS

AND EXPERIENCE

Equal to Factor 2

VOLUME 2 – PRICE AND PRO FORMA INFORMATION

Factor/Subfactor Location Description Relative Importance FACTOR 4 Vol. 2 TAB A PRICE (Standard Form 1442, Proposal Data Sheet And Contract Line Item Schedule)

All evaluation factors other than price, when combined, are considered significantly more important than Price. Price is the least important factor.

Note: An “Unacceptable” evaluation rating for any factor, or combination of different factors, may cause the proposal to be evaluated as “Unacceptable”. Volume 2 - Price will be evaluated in accordance the requirements listed in paragraph 15, Volume 2, Factor 4 - PRICE.

1) VOLUME 1 - PROPOSAL REQUIREMENTS AND SUBMISSION FORMAT

Offerors shall submit the original of their Volume 1 file containing the following factors:

Factor 1 – Past Performance Factor 2 – Technical Approach Factor 3 – Personnel Qualifications and Experience

2) VOLUME 2 - PRICE AND PRO FORMA INFORMATION

In the Volume 2 file, Offerors shall submit their price proposal along with the other information requested in Vol 2 - Price Submission Requirements.

Volume 2 shall include a cover letter stating that the proposal complies completely with all terms, conditions, and specifications contained in the solicitation. A proposal that does not comply with all terms, conditions, and specifications in the solicitation will be automatically rejected and not considered for award.

Volume 2 shall contain the Solicitation/Contract Form and Pricing Schedule (Section 00 10 00), Representations, Certifications and Other Statements of Offerors (Section 00 45 00), Pre-Award Survey Information and Small Business Information.

Please Note: The Government will not pay for the provision of any information nor compensate any Offeror for the development of the required information outlined in the solicitation required for inclusion in the Offeror’s proposal.

All proposals shall contain the information stated herein. Proposal clarity, organization (as defined in this solicitation) and cross-referencing is mandatory. No material (information not part of the proposal) shall be incorporated by reference.

Note: Offerors that do not want the data submitted below disclosed by the Government must follow the procedure specified in Section 00 21 00 INSTRUCTIONS TO OFFERORS—COMPETETIVE ACQUISITION. Please note, portions of the winning proposal will be incorporated into the contract and are subject to disclosure notwithstanding restrictive markings.

j. FACTOR 1 – PAST PERFORMANCE

[This factor is designed to verify the past performance of the Offeror having been regularly engaged in structural steel fabrication similar in nature to this project. Emphasis should also be placed on demonstrating successful work history, including quality, of executing work.].

1) Submission Requirements

Project Narratives The Offeror shall submit information for three (3) projects where bulkheads or gates have been fabricated, installed, and accepted no more than seven (7) years before the proposal due date, that demonstrate the Offeror’s relevant experience fabricating projects…