09-r-0005-spec.pdf

RFP No. W912BU-09-R-0005

US Army Corps of Engineers Philadelphia District

Industrial Services for NSWCCD-SSES Land-based Test Sites

Naval Surface Warfare Center Caderock Division Philadelphia, Pennsylvania

Indefinite Delivery / Indefinite Quantity Construction Solicitation

23 December 2008

THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK

CAUTION TO BIDDERS

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY.

Important items for you to check are included in but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

[ ] Are you registered in the Central Contractor Database? See DFARS Clause 252.204-7004 “Required Central Contractor Registration” in Section 00700 of this solicitation?

[ ] Are in compliance with the VETS-100 reporting requirement? See FAR 52. 52.222-37 “Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans in Section” in Section 00700 of this solicitation?

[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?

[ ] Have you completed the "Representations and Certifications" {Section 00600} portion of the Solicitation? Is your Contractor Establishment Code listed on the Standard Form 1442?

[ ] Is your bid properly signed by an officer of your company?

[ ] If a bid guarantee is required, is it included with your bid and is it in the proper amount? {Usually 20 percent of the total bid price, including any options or additives.} If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed? A bid guarantee is required when your bid exceeds $100,000.00. A late bid guarantee is treated the same as a late bid.

[ ] Is the name in which you submitted the bid the same on your bid as on the bid bond?

[ ] If required, have you entered a unit price for each bid item? {The solicitation will specifically state when this is necessary.}

[ ] The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

[ ] Are decimals in unit prices in the proper places? Are your figures legible?

[ ] Are the extensions of your unit prices, and your total bid price correct?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Have you restricted your bid by altering the provisions of the solicitation?

[ ] If you are a large business and your bid is greater than $550,000 for service or $1,000,000.00 for construction have you included your Sub-Contracting Plan in your bid package? (NOTE: PLEASE REFER TO SUBCONTRACTING PLAN IN SOLICITATION

FOR GOALS).

[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time?

[ ] Will your bid arrive on time? See paragraph entitled "Late Submissions, Modifications, and Withdrawals of Bids" in the Instructions to Bidders {Section 00100} of the solicitation.

February 24, 2004

Request for Proposal

W912BU-09-R-0005

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE PAGE NOS.

00010 SF 1442 AND BIDDING SCHEDULE 00010-1 to 00010-8

00100 INSTRUCTIONS, CONDITIONS, AND

NOTICE TO BIDDERS 00100-1 to 00100-10

00110 PROPOSAL SUBMISSION REQUIREMENTS

AND PROPOSAL EVALUATION PROCESS 00110-1 to 00110-22

00600 REPRESENTATIONS AND CERTIFICATIONS

AND OTHER STATEMENTS OF BIDDERS 00600-1 to 00600-15

00605 SMALL BUSINESS SUBCONTRACTING PLAN 00605-1 to 00605-6

00700 CONTRACT CLAUSES 00700-1 to 00700-134

SPECIAL CONTRACT REQUIREMENTS 00800-1 to 00835-1

SCOPE PAGES 1-9

MTC-i

TABLE OF CONTENTS

SECTION 00010

TITLE PAGE NOS.

SOLICITATION, OFFER & AWARD (SF 1442) 00010-1 to 00010-2

BID SCHEDULE 00010-3 to 00010-8

TC00010-i

THIS PAGE HAS BEEN LEFT INTENTIONALY BLANK

00010-1

W25PHS83588305

REQUEST FOR PROPOSAL NUMBER: W912BU-09-R-0005

PROJECT TITLE: ONE (1) INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT FOR INDUSTRIAL SERVICES FOR LAND BASED TEST SUITES, NAVAL SURFACE WARFARE CENTER, CARDEROCK DIVISION, MACHINERY RESEARCH AND

ENGINEERING DEPARTMENT, CODE 90, PHILADELPHIA, PENNSYLVANIA

ISSUE DATE: 23 December 2008 PROPOSAL DUE DATE: 22 January 2009, 2:00 PM

THIS PROCUREMENT IS UNRESTRICTED AND ISSUED PURSUANT TO THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

NAICS 238990, $14.0 M

MICHELLE L JOHNSON 215-656-6774

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

23-Dec-2008

(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 within *_______ calendar days and complete it within __*______calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________INDIVIDUAL TASK ORDERS

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.)

YES X NO (see Section 00800, SC-16 for bonding for subcontractors on task orders)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 5 copies to perform the work required are due at the place specified in Item 8 by ___2:00 PM________ local time __22 Jan 2009____________ (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 offers are due.

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

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

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will 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

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE

PHILADELPHIA PA 19107-3390

W912BU

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

00010-2

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

W912BU-09-R-0005 00010-3

Section 00010 – Bidding Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Construction and Industrial Services to support Hull, Mechanical and Electrical (H,M &E) for Land Based Test Suites, Naval Surface Warfare Center, Carderock Division, Code 90, Philadelphia, Pennsylvania.

CPFF

ESTIMATED COST ______________________

Base year

Support Costs (Material and Travel to support Line Item 0001)* These costs will be reimbursed on the basis of actual reasonable and allowable costs incurred plus G&A only. These costs are not subject to fee.

ESTIMATED COST

W912BU-09-R-0005 00010-4

Option Year 1

Construction and Industrial Services to support Hull, Mechanical and Electrical (H,M &E) for Land Based Test Suites, Naval Surface Warfare Center, Carderock Division, Code 90, Option Year 1

Support Costs (Material and Travel to support Line Item 0003)*

Option Year 2

Construction and Industrial Services to support Hull, Mechanical and Electrical (H,M &E) for Land Based Test Suites, Naval Surface Warfare Center, Carderock Division, Code 90, W912BU-09-R-0005 00010-5

Option Year 2

Support Costs (Material and Travel to support Line Item 0005)*

W912BU-09-R-0005 00010-6

NOTES:

Estimated Total Hours The following labor categories and their estimated corresponding hours are provided for the contract performance period:

Labor Category Straight

Time/Per Year Overtime/Per Year Project Manager 2,080 208 Craft Foreman 3,120 312

Quality Control/Saftey Inspector 520 50

Electrician/Controls 10,400 1,040 Pipefitter 6,240 312

Millwright/Marine Equipment Mechanic 2,080 208

Steel Fabricator 4,160 416 Iron Worker 4,160 416

Welder/Burner 4,160 416 Painter 208 24

Insulator 208 24 Machinist 208 24 Carpenter 4,160 208

Crane Operator 520 52 Heavy Equipment Operator 520 52

Rigger 2,080 104 Boilermaker 2,080 104

Cement Mason 2,080 104 Labor 2,080 104

Total 51,064 4,178

Material: Per year

$750,000.00

Specialized Services: Per year

$100,000.00

Equipment Rentals: Per year

$500,000.00

The contractor shall not be obligated to continue performance beyond the Estimated Total Hours, nor shall the Government be obligated to pay fee on any hours expended in excess of the Estimated Total Hours, provided, however, the Contracting Officer may at election, require the contractor to continue to perform work in excess of the Estimated Total Hours until the estimated cost has been expended. Any hours expended in excess of the Estimated Total Hours (hereinafter “excess hours”) shall be excluded from all fee computations and adjustments.

It is understood and agreed that the number of hours and the total dollar amount for each labor category specified in any task order issued under this contract are estimates only and shall not limit the use of hours or dollars amounts in any labor category which may be required and provided for under an individual task order. Accordingly, in the

W912BU-09-R-0005 00010-7

performance of any task order, the contractor shall be allowed to adjust the quantity of labor categories specified in the order provided that in so performing the contractor shall no in any event exceed the ceiling price restrictions of any order including modifications thereof.

The rate schedule attached at the end of this section must be completed and submitted with your cost proposal.

Nothing herein shall be construed to alter or waive any of the rights or obligations of either party pursuant to the clause entitled, “Limitation of Cost” and/or “Limitation of Funds”.

Payment of Fixed Fee –Cost Plus Fixed Fee:

The fixed fee for work performed will be negotiated on a task order basis. Fixed Fee will be invoiced/paid in accordance with FAR 52.216-8, Fixed Fee.

NOTE: In accordance with paragraph (b) of clauses 52.216-22, “Indefinite Quantity”, the minimum amount guaranteed to the awardee is $50,000.00. The maximum amount shall not exceed $4,800,000.00 per year.

Duration of the Contract

(a) This is an Indefinite Delivery Indefinite Quantity Cost-Plus Fixed Fee Type Contract which provides for the issuance of task orders during the period from the date of contract award through one year (base year). There are two (2) additional one year option periods. Total period of performance, if all options are exercised shall not exceed thirty six (36) months from date of award of the basic contract.

Work hereunder shall be performed and completed as specified in each task order.

Specific delivery requirements and insurance will be indicated in individual task orders when they are issued.

Hourly Rate

Option Option Labor Category Base Year Year 1 Year 2

Project Manager _____________ ___________ ___________ Craft Foreman _____________ ___________ ___________ Quality Control/ Safety Inspector _____________ ___________ ___________ Electrician/Controls _____________ ___________ ___________ Pipefitter _____________ ___________ ___________ Millwright/Marine Equipment Mechanic _____________ ___________ ___________ Steel Fabricator _____________ ___________ ___________ Iron Worker _____________ ___________ ___________ Welder/Burner _____________ ___________ ___________ Painter _____________ ___________ ___________ Insulator _____________ ___________ ___________ Machinist _____________ ___________ ___________ Carpenter _____________ ___________ ___________ Crane Operator _____________ ___________ ___________ Heavy Equipment Operator _____________ ___________ ___________ Rigger _____________ ___________ ___________ Boilermaker _____________ ___________ ___________ Cement Mason _____________ ___________ ___________

W912BU-09-R-0005 00010-8

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data

OCT 1997

52.216-1 Type Of Contract APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

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

MAY 2002

52.233-2 Service Of Protest SEP 2006 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

W912BU-09-R-0005 Index-i

W912BU-09-R-0005 Index-i

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Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

W912BU-09-R-0005 00100-1

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer will check appropriate box.if applicable to individual task orders]

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(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 which 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).

W912BU-09-R-0005 00100-2

(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, or revision, 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.

W912BU-09-R-0005 00100-3

(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.

W912BU-09-R-0005 00100-4

(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 contract 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 items, the make and model of the item 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.

W912BU-09-R-0005 00100-5

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs.

The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

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

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

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

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

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As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery Indefinite Quantity Cost Plus Fixed Fee constrution contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

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Goals for minority participation for each trade Goals for female participation for each trade

17.3% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Philadelphia, PA

SMSA 6160

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(MAY 2002)

(a) Definitions. Construction material, domestic construction material, and foreign construction material, as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act -- Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

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(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

Joseph T. Bujnowski, Contracting Officer U.S. Army Corps of Engineers, Philadelphia District Wanamaker Building 100 Penn Square East, Rm 643 Philadlephia, PA 19107

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

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

Proposal Submission Requirements And Proposal Evaluation Process

1.0 PROPOSAL SUBMITTAL INSTRUCTIONS

1.1 General

a. This is a “Best Value” competitive unrestricted solicitation to furnish industrial support services to the Naval Surface Warfare Center, Carderock Division Philadelphia PA, Ship Systems Engineering Station (NSWCCD-SSES). The support shall include, but not be limited to the fabrication, installation, testing, maintenance, and removal of shipboard machinery systems and associated components in various test site buildings located at NSWCCD-SSES. The industrial support will rely upon industry standards, except where government standards are mandatory such as when government standards are more stringent than industry standards. In response to this solicitation the offerors are required to submit proposals in accordance with the instructions herein. It is the intent of this solicitation to seek proposals from the most highly qualified offerors with relevant experience and “Satisfactory” performance ratings. Proposals will be evaluated on their own merit based upon the evaluation factors, which are listed below in descending order of importance. Technical and cost proposals will be submitted as two separate documents. In order to be eligible for award offerors must meet the RFP criteria for responsiveness, technical acceptability and responsibility. Award will be made to the offeror whose proposal offers who conforms to all requirements of the solicitation and offers the greatest value to the Government, based on the evaluation criteria in the Request for Proposal and this Source Selection Plan which are listed below:

1.2 Evaluation Factors:

TECHNICAL FACTORS: (Factors 1 – 5 which are listed in descending order of importance as follows:)

(1) Corporate Experience: See paragraph 3.1 for details.

(2) Prime Contractor Expertise: See paragraph 3.2 for details.

(3) Prime Contractor Past Performance: See paragraph 3.3 for details.

(4) Project Key Personnel: See paragraph 3.4 for details.

(5) Small Business Utilization: See paragraph 3.5 for details.

AND

(6) Cost: See paragraph 3.6 for details.

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All technical evaluation factors when combined are approximately equal to cost. Offerors are invited, but not required, to submit photographs of especially successful projects in conjunction with this requirement.

1.3 Statement of Compliance: The offeror is required to certify that all items submitted in the proposal comply with the RFP requirements and any differences, deviations or exceptions must be stated and explained. Offerors are required to complete the Compliance Statement provided below and submit it with their proposal. Even if there are no differences, deviations or exceptions, the offeror must submit the Compliance Statement and state that none exist.

Statement of Compliance:

This offeror hereby certifies that all items submitted in this proposal comply with the solicitation requirements. The criteria specified in Solicitation No. W912BU-09-R- 0005 are binding contract criteria and in case of any conflict after award, between W912BU-09-R-0005 and the contractor’s proposal, the solicitation criteria shall govern unless there is a written and signed agreement between the contractor and the Government waiving a specific requirement.

1.4 Definitions

The Government will consider the offeror and all subcontractors a “team” or “teaming arrangement” when there is evidence of a signed Teaming Agreement (TA) or Letter(s) of Intent (LOI) committing the parties to performance under this contract, should it be awarded to the offeror. Teaming arrangement is described as “Two or more companies who form a partnership or joint venture to act as a potential prime contractor” or “A potential prime contractor who agrees with one or more other companies to have them act as its subcontractor under a specified Government contract or acquisition program.” In addition, the offeror must submit a letter signed by all first-tier members stating the offeror has the right to discuss all Past Performance information directly with the Government. “First-tier” is defined as first level subcontractors.

A Joint Venture (JV) will be considered an entity unto itself. A Joint Venture is described as “two or more companies combining their resources to form a new company, as a separate entity from the existing companies, for the purpose of performing a contract.”

1.5. Who May Submit.

Any legally organized offeror may submit a proposal, provided that the requirements specified in the solicitation are met.

1.6 Source Selection

The source selection may result in an award being made to a higher rated, higher priced offeror where the decision is consistent with the evaluation factors and where it is deemed by the Source Selection Authority that the technical superiority, overall business approach, and or

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past performance of the higher priced offeror outweighs the benefits of any price difference.

The Source Selection Authority, using sound business judgment, will select the most qualified offeror, in accordance with the evaluation factors contained in this solicitation.

1.7 Format

Each offeror is required to submit their proposal consisting of the following volumes and information:

Volume I – Technical Proposal (Evaluation Factors 1-5)

The Proposal shall contain:

a. Cover Letter. The proposal shall include a cover letter that identifies all enclosures being transmitted as part of the proposal. The letter shall reference the solicitation number and acknowledge that it transmits an offer in response to the solicitation. The Offeror shall provide their Contractor and Government Entity (CAGE) code.

b. Title Page, including the title of the solicitation, solicitation number, and date of submittal

c. Table of Contents

d. Compliance Statement

e. Specific Information for Evaluation as described in paragraph 3, below to include completed Past Performance Evaluation questionnaires.

Volume II (Pro-Forma)

f. Executed Standard Form (SF) 1442\(SOLICITATION, OFFER AND AWARD)

g. Section 00010, with cost information completed by offeror.

h. Completed Section 00600.

i. Sub-Contracting Plan (Section 00605) Each Large Business offeror shall provide a Small Business Subcontracting Plan that contains all the elements required by FAR 52.219-9. This plan shall be submitted separately from the Small Business Utilization Plan information required as an evaluation factor, which applies to both large and small businesses.