12R0040-SPECS.pdf

RFP W912BU-12-R-0040

US Army Corps of Engineers Philadelphia District

Tobyhanna Wastewater Treatment Plant Upgrade

Tobyhanna Army Depot, Tobyhanna, Pennsylvania

Construction Solicitation and Specifications

27 July 2012

This page was intentionally left blank for duplex printing.

RFP NO. W912BU-12-R-0040

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

REQUEST FOR PROPOSALS

FOR

TOBYHANNA

WASTEWATER TREATMENT PLANT UPGRADE

TOBYHANNA ARMY DEPOT,

TOBYHANNA, PENNSYLVANIA

I. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. BIDDERS ARE REQUIRED TO COMPLETE THE REPRESENTATIONS AND CERTIFICATIONS

PORTION OF SECTION 00600 OF THIS SOLICITATION AND SUBMIT THIS WITH THEIR

OFFEROR.

III. PROSPECTIVE OFFERORS ARE INVITED TO VISIT THE SITE OF THE WORK TO

ACQUAINT THEMSELVES WITH THE SITE CONDITIONS AND ANY PROBLEMS INCIDENT TO THE

PROSECUTION OF THE WORK. A SITE VISIT WILL BE HELD ON 7 AUGUST 2012. THE

SITE VISIT WILL BEGIN AT 10:00 AM FROM BUILDING 20 (SECURITY BUILDING).

MTC-1

Request For Proposals

W912BU-12-R-0040

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE PAGE NOS.

00010 SF 1442 AND BIDDING SCHEDULE 00010-1 to 00010-3

00100 INSTRUCTIONS, CONDITIONS, AND 00100-1 to 00100-10

NOTICE TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS 00600-1 to 00600-18

AND OTHER STATEMENTS OF BIDDERS

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

00700 CONTRACT CLAUSES 00700-1 to 00700-126

00800 SPECIAL CONTRACT REQUIREMENTS

SPECIFICATIONS

00805 CONTRACT ADMINISTRATION DATA 00805-1 to 00805-2

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TC00010-i

Request For Proposals

TABLE OF CONTENTS

SECTION 00010

TITLE

SOLICITATION, OFFER & AWARD (SF 1442)

BIDDING SCHEDULE

TC00010-i

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PROJECT: Waste Water Treatment Plant Upgrade, Tobyhanna Army Depot, Tobyhanna, Pennsylvania

ISSUE DATE: 27 July 2012

PROPOSAL DUE DATE: 28 August 2012 at 2:00 p.m. EST

X

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(RFP)

(IFB)

CALL:

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

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 See SC-1 calendar days and complete it within See SC-1 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 2 copies to perform the work required are due at the place specified in Item 8 by _2:00 p.m._______ local time _28 AUG 2012________(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 X is, 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

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)

U.S. ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: MICHELE EVANS

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PA 19107-3390

U.S. ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION, ROOM 643

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PA 19107-3390

E5CTCMNE

MICHELE EVANS 215-656-6894

SOLICITATION NUMBER: W912BU-12-R-0040

THIS IS AN UNRESTRICTED PROCUREMENT

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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

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)

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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)

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

(Must be fully completed by offeror) OFFE

RFP W912BU-12-B-0040

BID SCHEDULE

(To be attached to SF 1442)

Item No. Description Estimated Unit Estimated

Quantity Unit Price Amount

BASE BID:

1. Wastewater Treatment Plant Upgrade (all work except Items 2, 3 and 4 below) Indicate type of Concrete Tanks to be used Cast-in-place ____ or Precast ____ 1 Job LS $__________

OPTION 1:

2. Demolition of Primary Settling Tanks, Screw Pump Station and Piping to the Denitrification Towers 1 Job LS $__________

OPTION 2:

3. Modification of Flash Mix Flocculation Basins, including relocating the denitrification feed pumps, controls and related equipment, and all piping and valves to the Denitrification Tower 1 Job LS $__________

OPTION 3:

4. Demolition of Trickling Filter “B”, Including all internal appurtenances. 1 Job LS $__________

TOTAL ESTIMATED BASE AND OPTIONS AMOUNT: $

NOTES:

1. Offerors must bid on all items.

W912BU-12-R-0040 INDEX 00100-1

Section 00100 - Bidding Schedule/Instructions to Bidders

52.204-6 Data Universal Numbering System (DUNS) Number 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 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

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

FEB 2009

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

MAY 1999

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

52.233-2 Service Of Protest SEP 2006 52.236-28 Preparation of Proposals--Construction OCT 1997

W912BU-12-R-0040 INDEX 00100-2

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W912BU-12-R-0040 00100-1

Section 00100 - Bidding Schedule/Instructions to Bidders

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)

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)

W912BU-12-R-0040 00100-2

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).

(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.

W912BU-12-R-0040 00100-3

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

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

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

W912BU-12-R-0040 00100-4

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

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

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

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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.

W912BU-12-R-0040 00100-5

(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.

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

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following 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 certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

W912BU-12-R-0040 00100-6

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

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

(End of provision)

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)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(End of provision)

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:

Goals for minority participation for each trade

Goals for female participation for each trade

W912BU-12-R-0040 00100-7

.6% 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 Tobyhanna Army Depot, Monroe County, Tobyhanna, Pennsylvania.

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

2009)

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American 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

W912BU-12-R-0040 00100-8

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.

(End of provision)

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

USACE Finance Center

Mailing Address:

5722 Integrity Drive

W912BU-12-R-0040 00100-9

Millington, TN 38054-5005

Telephone Number:

901-874-8726

Electronic Address:

CEFC-A@usace.army.mil

(End of clause)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (MAY

1999)

The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror's name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.

(5) The offeror's account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

(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 Joseph T. Bujnowski, Chief, Contracts Branch, Contracting Officer, at the following address:

USACE-Philadelphia District Wanamaker Building 100 Penn Square East Philadelphia , Pennsylvania 19107-3390

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

W912BU-12-R-0040 00100-10

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.

Section 00120 Page 1

SECTION 00120

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

ONE STEP-LOWEST-PRICE TECHNICALLY ACCEPTABLE (LPTA)

1.0 OVERVIEW: The Government will evaluate proposals in accordance with the evaluation criteria and the evaluation rating described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, also as described herein.

2.0 BASIS OF AWARD: In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors set forth in the solicitation.

3.0 GENERAL INSTRUCTIONS

3.1 The solicitation is to inform all potential offerors that the Government intends to make a contract award without discussions except when the Government determines that it is in its best interest to hold discussions. Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

3.2 Firms formally organized as construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key term subcontractors. Any legally organized Offeror may submit a proposal, provided that the Offeror or Offeror’s subcontractor has or will have required personnel as specified in Section 01 45 01.

3.3 Submit hard copy of proposals in two volumes in tabbed, three-ring binders. Technical and Price proposal shall be submitted under separate cover. Volume 1 shall contain the Technical Items Requested and Volume 2 shall contain the Price Proposal & Other Related Financial Information. Each Volume shall be clearly marked as to its content, i.e., project title, technical or price proposal, solicitation number, name and address of the offeror, and the time specified for receipt. Information within each volume shall be organized sequentially under the specified tabs to facilitate evaluation. Proposals shall not exceed page limitations prescribed below. Offerors shall also submit electronic copies of Volume 1 Technical Items Requested on compact disc(s) in PDF format. Within three (3) days of contract award, the awardee shall submit ALL volumes in electronic format.

3.4 Page Limits: The following page limits shall apply, which do not include title sheets, indices, tables of content, schedules, or cover sheets: Seventy-five (75) pages maximum for Volume 1 excluding past performance information. Checklists are also excluded from this page limit. This page limit includes pages with illustrations/photos/sketches. Any evaluation documentation beyond 75 pages will not be read or considered during the evaluation process. A page printed on both sides will be counted as two pages. Pages containing text shall be submitted on 8-1/2 x 11 inch paper. Each page shall be minimally single spaced with a minimum of a 12-point font and one inch margins all around.

4.0 TECHNICAL EVALUATION FACTORS: Proposals must meet all of the evaluation factors listed below to be considered acceptable. Proposals which do not meet all of the evaluation factors listed below will be unacceptable and will receive no further consideration.

4.1 FACTOR 1 – SPECIALIZED EXPERIENCE: The Government will review the experience of the offeror. Offerors must meet all of the following requirements to receive an “acceptable” rating for this

Section 00120 Page 2 evaluation factor.

a. Experience with Similar Scope: An offeror shall convincingly demonstrate experience by providing evidence of at least three (3) projects of at least the scope, dollar value, and complexity described below, and substantially completed (greater than or equal to 75%) within the last five years as of the date of this proposal submission. For this acquisition, a project of similar scope, dollar value, and complexity is defined as a project involving the construction of a WWTP of similar size.

Each project must have a construction value of at least $5,000,000 U.S. dollars. For joint venture, teaming agreement, or partnership offerors, this experience shall be satisfied by submitting conforming experience from any or all of the joint venture, partnership, or teaming agreement partners. Offerors shall also provide experience information in the same manner as required for the prime contractor offeror for each subcontractor proposed to perform more than 20 percent of the project on-site construction work.

Each project submitted for evaluation shall include the following descriptive information: (i) project title, (ii) geographic location, (iii) date that the project was substantially completed, (iv) final project U.S. dollar value, (v) detailed description of the project, and (vi) a description of the actual involvement in the performance of the presented project. Offerors are required to provide information that convincingly demonstrates that the experience presented meets the requirements of qualifying construction and design experience (see requirements above).

b. If an offeror is a joint venture or a partnership or has a teaming agreement composed of two or more partners or proposes subcontractor(s) to perform more than 20 percent of the project on-site construction work, the offeror shall describe the project work that each member of the joint venture, partnership, teaming agreement or the subcontractors would perform. The Government will assess the experience information provided in relation to the work that each of the joint venture or teaming agreement partners or subcontractors would be performing.

4.2 FACTOR 2 - KEY PERSONNEL: An offeror shall provide resume information concerning the qualifications and experience of its intended key personnel as identified below:

a. On-Site Construction Superintendent/Manager

b. On-Site Safety Officer (Site Safety and Health Officer (SSHO))

c. Contractor Quality Control Manager (Contractor Quality Contract Systems Manager (CQCSM))

The Government will compare this resume information against any and all requirements contained in the RFP in the locations shown below:

a. On-Site Safety Officer (Site Safety and Health Officer (SSHO)) – SECTION 01 35 26.

b. Contractor Quality Control Manager – SECTION 01 45 01.

The qualifications of the On-Site Construction Superintendant/Manager are as follows:

a. Minimum of 5 years experience as a construction superintendent with projects of similar scope and complexity.

Failure to satisfy a material requirement for any of the personnel listed above will be a basis for receiving an unacceptable rating.

All resumes shall include the following information to the extent required by the solicitation and are not to exceed three pages in length for each resume. Information presented beyond the three-page limitation for each resume will not be considered in the Government’s evaluation process.

Section 00120 Page 3

a. Name of person

b. Proposed project assignment

c. Name of firm with which presently associated and or employed

d. Years of experience as it applies to the position that would be filled

e. Educational degree(s), year of graduation and institution

f. Active professional registration (if any), year first registered, if applicable List of projects in which the individual has worked to include name of project(s), project location(s), and work assignments performed

4.3. FACTOR 3 - PAST PERFORMANCE: Past performance pertains to how well an offeror has performed relevant past work that is an indicator of future performance. Past performance information is not the same as experience information. Experience information pertains to what types of work an offeror has performed.

Past performance pertains to how well an offeror performs project work. For the purpose of this evaluation, past performance means an offeror’s reputation for satisfying its customers by delivering:

a. quality work

b. in a timely manner

c. at a reasonable cost

d. in a safe working environment as well as its reputation for

e. reasonable and cooperative conduct

f. overall commitment to customer satisfaction

Offerors are reminded that while the Government may elect to consider past performance information obtained from other sources, the primary responsibility for providing past performance information rests with the offeror. In the case of an offeror without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably as concerns its past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. This includes the evaluation of Construction Contractor(s) and Subcontractor(s) Past Performance. There are two categories of Past Performance with this evaluation.

a. Construction Contractor(s) and Subcontractor(s) Past Performance:

(1) The Government will evaluate an offeror’s reputation for performing work in a manner commensurate with the six areas of interest listed above.

(2) This evaluation element is applicable to Construction contractors and subcontractors, where the total subcontracting efforts performed on site (involving management and/or construction efforts) equates to twenty percent or more of the on-site project work effort. An offeror should provide written evidence of the above described six past performance qualities (see items (a) through (f)) in the form of, but not limited to:

1. letters and certificates of commendation

2. performance awards

3. performance evaluations

4. evidence of repeat work with the same clients or owners (particularly when noncompetitively obtained), etc.

(3) Offerors are encouraged to solicit and obtain letters of recommendation from past owners, customers and clients from which written documentation contemporaneous with project performance may not be available. These past performance documents should not reference work completed more than six years prior to the date of proposal submission for this solicitation. Past performance documents older than six years will not be considered in the evaluation and selection processes.

Section 00120 Page 4

(4) If an offeror is a joint venture or partnership, information pertaining to the areas identified as

(a) through (f), above should be presented for each member of the joint venture or partnership (unless the information being presented is in regard to the joint venture or partnership as constituted in response to this solicitation). Although the Government prefers all members of a joint venture or partnership to have satisfied all the above indicated six performance areas, the Government will consider the complementary aspects of the separate participants in a joint venture or partnership, by evaluating the joint venture or partnership as a whole.

(5) Past performance information provided for a member of a joint venture or partnership having no involvement in the project will not be considered in the Government’s Past Performance factor evaluation. Past performance information will only be evaluated from firms proposed to be involved in an offeror’s approach for performance of the solicitation work.

(6) In addition to the evidence submitted by an offeror, the Government may consider information from other sources, including but not limited to: past and present customers and their current and former employees; federal, state and local agencies (including court records); private consumer organizations; and Government past performance databases.