1 of 4 W9128F24R0044 - BB DEPRESSING AIR SOLICITATION.pdf

W59XQG22351388

BIG BEND DEPRESSING AIR PROJECT: BB81, FORT THOMPSON, SD

RETURN WITH OFFER: INFORMATION REQUIRED BY SELECTION 00 10 00 (SF1442), SECTION 00 21 00, SECTION 00 22 00, AND SECTION 00 45 00.

THIS SOLICITATION IS UNRESTRICTED (FULL AND OPEN TO LARGE AND SMALL BUSINESS)

LYNNE D REED 402-995-2039

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

07-Feb-2024

(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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 ______________12 Mar 2024 (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:

W9128F24R0044 110

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

BB81 - BB Depressing Air Project Mobilization and Demobilization

Price and payment shall constitute full compensation for furnishing of all material, labor, and equipment for Mobilization and Demobilization.

FOB: Destination

MILSTRIP: W59XQG22351388

PURCHASE REQUEST NUMBER: W59XQG22351388

PSC CD: J039

NET AMT

0002 1 Job Demolition/Install and Commission

FFP

BB81 Big Bend Depressing Air Project Demolition/Install and Commission New Air Depressing Air System

Work to be completed for all costs associated with the demoltion of existing air compressors, one accumulator tank, demolition of existing piping/valves as indicated on drawings, supply, installation and commission of two new air compressors and associated air header and cooling water piping, power wiring and electrical work.

FOB: Destination

MILSTRIP: W59XQG22351388

0003 1 Job Final As-Built Drawings, Comm, & O&M Man

FFP

BB81 Big Bend Depressing Air Project Final As-Built Drawings, Final Commissioning, and O&M Manuals

For providing all expertise, labor, materials, and incidentals for approved final submittals, including training for the new depressing equipment, with no resubmittals required for: final as-built drawings, final commissioning and final O&M Manuals.

FOB: Destination

MILSTRIP: W59XQG22351388

0004 1 Job All Remaining Work

FFP

BB81 Big Bend Depressing Air Project All Remaining Work

For providing all expertise, labor, materials, and incidentals for all remaining work.

FOB: Destination

MILSTRIP: W59XQG22351388

0005 1 Job OPTION Furnish & Install Air Accum Tanks

FFP

BB81 Big Bend Depressing Air Project Furnish and Install Air Accumulator Tanks

For all costs associated with the supply and installation of two new air accumulator tanks and associated air and drain piping.

FOB: Destination

MILSTRIP: W59XQG22351388

0006 1 Job OPTION Furnish & Install Exposed Rigid Metal

FFP

BB81 - Big Bend Depressing Air Project Furnish and Install New Exposed Rigid Metal Conduit

All costs associated with the supply and installation of new exposed rigid metal conduit for the new air compressor feeders as described in Section 26 05 00.00 26 and Drawing E-801.

FOB: Destination

MILSTRIP: W59XQG22351388

PRICE SCHEDULE

Depressing Air System Upgrade, Big Bend, SD BB81

SECTION 00 10 00 Pricing Schedule

CLIN Description Quantity Unit

Measure Unit Price Amount

BASE ITEMS

0001 Mobilization and Demobilization 1 Job $___________ $___________

Demolition/Install and Commission New Air Depressing Air System

1 Job $___________ $___________

Final As-Built Drawings, Final Commissioning, and O&M Manuals

1 Job $___________ $___________

0004 All Remaining Work 1 Job $___________ $___________

SUB0TOTAL BASE (Items 0001 thru 0004) $___________

OPTIONAL ITEMS

0005 Furnish and Install Air Accumulator Tanks 1 Job $___________ $___________

Furnish and Install New Exposed Rigid Metal Conduit

1 Job $___________ $___________

SUB-TOTAL OPTION (Items 0005 thru 0006) $___________

TOTAL BASE + OPTIONS (Items 0001 thru 0006) $___________

NOTES:

1 See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The Government may exercise an option by written notice to the Contractor commencing from the date of contract award thru the date the contract is closed, unless otherwise specified herein.

2 Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the Job (lump sum) prices and the total amount, the lump sum prices will be considered the price submitted.

3 A modification to a proposal, which provides for a single adjustment to the total amount submitted, should state the application of the adjustment to each respective lump sum price affected. If the modification is not so apportioned, the single adjustment will be applied to Item Nos. 0001 thru 0006.

Section 00 21 00 - Instructions

SCOPE OF WORK

The following documents are included in this solicitation in SAM.GOV: W9128F-24-R-0044_ Specs and Depressing Air Drawings. These documents will be sent with the solicitation and the resultant contract, if any.

The above listed documents are incorporated into this solicitation and will also be incorporated into any resultant contract. All terms, conditions, and requirements in these documents must be fully complied with for complete fulfillment of any resultant contract. If any terms, condition, and requirements of the above listed documents are not complied with, then the failure to comply will be a breach of the contract and may result in termination. The contractor must request and receive permission from the contracting officer to alter or not completely fulfill any terms, conditions, or requirements of the listed documents in order to not be in breach of the resulting contract, if any.

(End of Scope of Work)

INSTRUCTIONS TO OFFERORS

Section 00 21 00 - Instructions

1. INSTRUCTIONS TO OFFERORS SECTION 00 21 00 SOLICITATION RESTRICTIONS

1.1. GENERAL CONTRACTOR

This solicitation is Unrestricted, Full and Open for Large and Small Business, Firm Fixed Price Request for Proposal (RFP).

1.2. ESTIMATED CONSTRUCTION COST

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

1.3. SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISTION, subparagraph "(c) Submission, modification, revision, and withdrawal of proposals."

Below for acceptable methods.

1.4. 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 30as applicable:

Daniel Monahan, Contracting Officer:

Daniel.D.Monahan@usace.army.mil Lynne D. Reed, Contract Specialist: Lynne.D.Reed@usace.army.mil

Each email shall contain the following solicitation number in the subject line: W9128F24R0044.

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.

2. 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).

3. OFFEROR'S QUESTIONS AND COMMENTS

3.1. 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.

Please refer to 52.236-27 Site Visit clause with the Date, Time, Location and POC to RSVP your interest in attending the site visit.

3.2. 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: Lynne Reed Lynne.D.Reed@usace.army.mil or 402-995- 2039.

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:

W9128F24R0044

Bidder Inquiry Key is:

JS5ZNK-545C6W

a. 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.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

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

You will utilize your Secret Question and Secret Answer to log in.

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

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

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

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

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

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

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

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

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

4. 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.

5. GENERAL DESCRIPTION OF WORK

Scope of project includes all work required for the Depressing Air System Upgrade, Big Bend, SD. Work shall be in accordance with Request for Proposal documents issued with this solicitation.

6. 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.

7. 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 for that specific state. 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.

7.1 TAXES – STATE OF SOUTH DAKOTA

7.1.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts. If applicable, South Dakota’s “excise” and “use” taxes shall be included in the price or prices bid. These taxes include, but are not limited to, those imposed pursuant to S.D. Code Chapters 10-46, 10-46A, and 10-46B. For information concerning the taxes contact: http://dor.sd.gov/.

8. PARTNERING WITH USACE

The Government is committed to working with partners to build enduring relationships through trust, transparency, and shared values in order to reach successful contract completion. In accordance with 15 U.S.C. 644(w), solicitation notices posted at the GPE for construction contracts anticipated to be awarded to a small business pursuant to part 19 shall include certain information regarding the agency's definitization of equitable adjustments for change orders under construction contracts. The following link provides this information https://www.usace.army.mil/Business-With-Us/Partnering/.

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

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.248-3 Value Engineering-Construction OCT 2020 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

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)

52.233-2 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

Daniel D. Monahan daniel.d.monahan@usace.army.mil 1616 Capitol Ave Omaha, NE 68102

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Trevor McDonald Address: Big Bend Dam, Administrative Office Fort Thompson, SD 57339 Telephone: 605-245-1814 Email: trevor.r.mcdonald@usace.army.mil Date & Time: Wednesday, 21 February 2024 at 10:00 AM CT

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.acquisition.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

N/A

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 DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (DEVIATION 2023-O0004) (JAN 2023)

(a) Definitions. As used in this provision -

“Market prices” means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

“Non-Government sales” means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

“Relevant sales data” means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

“Sufficient non-Government sales” means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

“Uncertified cost data” means the subset of “data other than certified cost or pricing data” (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

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

(i) Exception for price set by law or regulation - Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same product or service or similar products or services have been sold in the commercial market. Such information shall include--

(A) For products or services previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror’s current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit DoD to verify the accuracy of the description;

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

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. This acquisition is accomplished under the authority of section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232), as amended by both section 825 of the NDAA for FY 2020 (Pub. L. 116-92) and section 818 of the NDAA for FY 2023 (Pub. L. 117-263). The intent of this pilot program is to test the efficacy of basing price reasonableness determinations primarily on actual costs of performance for prior purchases of the same or similar products for the Department of Defense. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) In lieu of providing complete cost or pricing data, as defined in FAR 2.101, the Offeror shall submit a subset of cost or pricing data and supporting attachments as follows: [Contracting Officer shall list the specific cost or pricing data deemed necessary to establish price reasonableness for this acquisition, and describe the required submission format for each type of data. At a minimum, the Contracting Officer shall identify the specific prior DoD purchases of the same or similar products for which the Offeror is required to submit the actual cost of performance. The Offeror is not required to submit cost or pricing data that is not listed within this provision. If the Contracting Officer finds that additional cost or pricing data are needed in order to determine that the price is fair and reasonable, the Contracting Officer shall issue an amendment to the solicitation, revising this paragraph as needed to require the submission of the additional data.]

(2)(i) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, using the following language: N/A

(ii) The certificate does not constitute a representation as to the accuracy of the Offeror’s judgment on the estimate of future costs or projections. It applies to the data upon which the judgment or estimate was based. This distinction between fact and judgment should be clearly understood. With respect to the certified cost or pricing data required by paragraphs (c)(1) or (e) of this provision (as revised by solicitation amendment, if applicable), if the Offeror had information reasonably available at the time of agreement showing that the negotiated price was not based on accurate, complete, and current data, the Offeror’s responsibility is not limited by any lack of personal knowledge of the information on the part of its negotiators.

(iii) The Contracting Officer and Offeror are encouraged to reach a prior agreement on criteria for establishing closing or cutoff dates when appropriate in order to minimize delays associated with proposal updates. Closing or cutoff dates applicable to the certified cost or pricing data required by paragraphs (c)(1) or (e) of this provision should be included as part of the data submitted with the proposal and, before agreement on price, data should be updated by the contractor to the latest closing or cutoff dates for which the data are available. Use of cutoff dates coinciding with reports is acceptable, as certain data may not be reasonably available before normal periodic closing dates (e.g., actual indirect costs). Data within the Offeror’s or a subcontractor’s organization on matters significant to contractor management and to the Government will be treated as reasonably available, if that data was required to be submitted by paragraph (c)(1) or (e) of this provision.

What is significant depends upon the circumstances of each acquisition.

(iv) Possession of a Certificate of Current Cost or Pricing Data is not a substitute for examining and analyzing the Offeror’s proposal.

(v) If certified cost or pricing data are requested by the Government and submitted by the Offeror, but an exception is later found to apply, the data shall not be considered certified cost or pricing data and shall not be certified in accordance with this subsection.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1).

(d) Requirements for data other than certified cost or pricing data.

(1) Data other than certified cost or pricing data submitted in accordance with this provision shall include all data necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) The Offeror shall provide information described as follows: All data necessary to determine if the proposal price is fair and reasonable as determined by Contracting Officer. Any responses to requests from the Contracting Officer must be submitted electronically.

(4) Within 10 days of a written request from the Contracting Officer for additional information to support proposal analysis, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(5) Subcontract price evaluation.

(i) The Offeror shall obtain from subcontractors the minimum information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost information may be required from a prospective subcontractor in any case in which there are sufficient non- Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary—

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented, but excluding paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(e) Subcontracts.

(1) For subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4 to which the authority of the Section 890 pilot has been flowed down, in lieu of the requirements in paragraphs (a) and (b) of the clause at 52.215-12, Subcontractor Certified Cost or Pricing Data, of this solicitation, the Offeror shall require the subcontractor to submit a subset of cost or pricing data (actually or by specific identification in writing) as follows:

(i) N/A

(ii) In the event a subcontractor denies the Offeror access to the data described in paragraph (e)(1)(i) of this provision, the data may be provided directly to the Contracting Officer.

(iii) If a subcontractor is unable to provide the extent of historical actual cost experience required by paragraph (e)(1)(i), then the Offeror shall require the subcontractor to provide certified cost or pricing data in accordance with paragraph (e)(2) of this clause.

(iv) The Offeror shall require the subcontractor to certify in substantially the form prescribed in paragraph (c)(2) of this provision that, to the best of its knowledge and belief, the data submitted under paragraph (e)(1)(i) of this provision were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract.

(2) For subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4 to which the authority of the Section 890 pilot has not been flowed down, the Offeror shall require the subcontractor to provide certified cost or pricing data in accordance with the clause at 52.215-12, Subcontractor Certified Cost or Pricing Data, of this solicitation and shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (a) of the clause at 52.215-12 were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract.

(End of provision)

252.215-7012 REQUIREMENTS FOR SUBMISSION OF PROPOSALS VIA ELECTRONIC MEDIA (JAN 2018)

The Offeror shall submit the cost portion of the proposal via the following electronic media: Email to Lynne.d.reed@usace.army.mil and Daniel.d.monahan@usace.army.mil

Section 00 22 00 - Supplementary Instructions

00 22 00 PROPOSAL INSTRUCTIONS

SECTION 00 22 00

PROPOSAL INSTRUCTIONS

SUBMISSION REQUIREMENTS, EVALUATION, AND BASIS FOR AWARD

1. WHO MAY SUBMIT

This solicitation for the BB Depressing Air System Replacement is a “Best Value-Tradeoff” Unrestricted Request for Proposals. The Government will evaluate proposals in accordance with the criteria herein and award a firm-fixed-price contract to the responsible offeror whose proposal conforms to all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

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.

2. GENERAL REQUIREMENTS

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

3. BIDDER INQUIRY

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

4. 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.

5. PROPOSAL SUBMITTAL INSTRUCTIONS

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically via email directly to:

Contracting Officer: Daniel Monahan: Daniel.D.Monahan@usace.army.mil

Contract Specialist: Lynne D. Reed: Lynne.D.Reed@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.

5.1. 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: W9128F24R0044_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: Small Business Participation

FILE NAME: W9128F24R0044_Company Name_Volume_2_Small_Business_Participation

CONTENTS:

Table 2: Small Business Participation Requirements

Location Description Vol. 2. Factor 4 – SMALL BUSINESS

PARTICIPATION

5.1.3 Volume 3: Price Proposal, Cost Information and Representations, Certifications, and Other Statements of Offerors

FILE NAME: W9128F24R0044_Company Name_Volume_3_Price_Proposal

CONTENTS:

Table 3: Price Proposal Requirements

Location Description Vol. 3 TAB A Factor 5 - PRICE (Standard Form

1442, Proposal Data Sheet And Contract Line Item Schedule)

Vol. 3 TAB B Evidence of Bondability

Vol. 3 TAB C Required Pre-Award Information

5.2. 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.

6. 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.

7. 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.

8. EVALUATION OF PROPOSALS

8.1. 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 3 (Factor 5 - 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.

8.2. Evaluation Definitions

8.2.1. Strength

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

8.2.2. Significant Strength

An aspect of an Offeror’s proposal with appreciable merit or that will exceed specified performance or capability requirements to the considerable advantage of the Government during contract performance.

8.2.3. Weakness

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

8.2.4. Significant Weakness

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

8.2.5. 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.

8.2.6. 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.

8.2.7. 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.

8.2.8. Communications

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

8.2.9. 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.

8.3. 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 demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths and/or at least one significant strength, 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 or significant 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 is unawardable, and/or risk of unsuccessful performance is unacceptably high.

8.4. 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.”

8.4.1. 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.

8.4.2. 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.

8.4.3. 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.