12R0047_Specs.pdf

RFP No. W912BU-12-R-0047

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

18 September 2012

THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

Request for Proposal

W912BU-12-R-0047

MTC-i

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE PAGES

00010 SF 1442, SOLICITATION, OFFER, AND AWARD 00010-1 to 00010-3

00100 INSTRUCTIONS, CONDITIONS, AND NOTICE TO

BIDDERS

00100-1 to 00100-9

00110 PROPOSAL SUBMISSION REQUIREMENTS AND

PROPOSAL EVALUATION PROCESS

00110-1 to 00110-38

00600 REPRESENTATIONS AND CERTIFICATIONS AND

OTHER STATEMENTS OF BIDDERS

00600-1 to 00600-18

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

00700 CONTRACT CLAUSES 00700-1 to 00700-153

SPECIAL CONTRACT REQUIREMENTS 00800-1 to 00835-1

SCOPE OF WORK SOW-1 to SOW-11

REQUEST FOR PROPOSAL NUMBER: W912BU-12-R-0047

PROJECT TITLE: One (1) Indefinite Delivery Indefinite Quantity (IDIQ) Contract for Construction Industrial Support Services at the Naval Surface

Warfare Center Land-Based Test Sites, Carderock Division, Philadelphia, Pennsylvania

ISSUE DATE: 18 September 2012

PROPOSAL DUE DATE: 18 October 2012; 2:00 PM

THE LAST DAY FOR REQUESTS FOR INFORMATION (RFI’S) IS FRIDAY, OCTOBER 5, 2012 AT 3:00 PM. ANY RFI’S RECEIVED AFTER THAT

DATE MAY NOT BE ANSWERED.

THIS PROCUREMENT IS UNRESTRICTED

EMILY M GIARDINO 215-656-3202

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)

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

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 __________ 3 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 18 Oct 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 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 EAST

PHILADELPHIA PA 19107-3390

W912BU

PAGE OF PAGES

18-SEP-2012 1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W912BU-12-R-0047

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 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)

CODE 27. 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 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)

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 this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

W912BU-12-R-0047 00010-3

SF 1442 (Solicitation, Offer, and Award), continued:

Duration of the Contract

This is an Indefinite Delivery Indefinite Quantity (IDIQ) Firm, Fixed Price Type Contract, which provides for the issuance of Task Orders during the period from the date of Contract award through one

(1) year (base year). There are four (4) additional one-year option periods. The total period of performance, if all options are exercised shall not exceed sixty (60) months from the 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.

Contract Amount

The minimum guarantee is $50,000.00. The minimum task order amount is $2,500.00 and maximum amount is $9,000,000.00. The cumulative one period ceiling shall not exceed $9,000,000.00. The total contract amount shall not exceed $45,000,000.00 ($9 Mil/period).

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W912BU-12-R-0047 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 52.214-5000 Apparent Clerical Mistakes MAR 2000 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

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

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-12-R-0047 00100-1

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)

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.

W912BU-12-R-0047 00100-2

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.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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--

W912BU-12-R-0047 00100-3

(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.

(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.

W912BU-12-R-0047 00100-4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced

W912BU-12-R-0047 00100-5

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.

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;

W912BU-12-R-0047 00100-6

(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:

(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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm, Fixed Price 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.

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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

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 Naval Surface Warfare Center, Carderock Division, Philadelphia, Pennsylvania.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (FEB 2009)

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(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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

US Army Engineer District, Philadelphia ATTN: Joseph T. Bujnowski, Chief, Contracts Branch Wanamaker Building 100 Penn Square East Philadelphia, Pennsylvania 19107

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

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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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vffara.htm�

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Proposal Submission Requirements And Proposal Evaluation Process

1.0 PROPOSAL SUBMITTAL INSTRUCTIONS

1.1 General

a. This is a “Best Value” trade-off 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 relevant performance ratings. Proposals will be evaluated on their own merit based upon the evaluation factors, which are listed below. 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 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 the following Section 1.2, Evaluation Factors which are listed below.

1.2 Evaluation Factors

TECHNICAL FACTORS:

a. Experience: See paragraph 3.1 for details

b. Past Performance: See paragraph 3.2 for details

c. Project Key Personnel: See paragraph 3.3 for details

d. Small Business Utilization: See paragraph 3.4 for details

AND

e. Price: See paragraph 3.5 for details

All five (5) factors, individually, are equal. The four (4) technical evaluation factors, when combined, are significantly more important than price.

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.

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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-12-R-0047 are binding contract criteria and in case of any conflict after award, between W912BU-12-R-0047 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 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

Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals. The contractor shall provide one (1) original and three (3) copies of their TECHNICAL proposal. The contractor shall provide one (1) original and one (1) copy of their PRICE proposal. The contractor shall provide one (1) electronic copy of their TECHNICAL and one (1) electronic copy of their PRICE proposal on CD. The contractor shall not provide pricing in any of the technical sections. The solicitation/Request for Proposal (RFP) document, W912BU-12-R-0047, shall

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be signed (blocks 14 through 20C shall be completed of the RFP) and the contractor submit the proposal in the following format.

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

Volume I – Technical Proposal (Evaluation Factors 1-4)

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. Labor Rates estimate sheet (Attachment 3) and estimate for sample task provided in Section 00110, Attachment 4, including the provided “Example Cost Worksheet.”

h. Completed Section 00600

i. Subcontracting 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. The Small Business Subcontracting Plan is not a requirement for evaluation in source selection, but rather a requirement for award to a large business and will be incorporated into any relevant contract.

j. Teaming Arrangements, Letters of Intent, or Joint Venture Agreement – Provide all Teaming Arrangements, Letters of Intent, or Joint Venture Agreements, if applicable.

1.8 Envelopes

Proposal submission envelopes and/or boxes shall be marked:

Proposal Due Date: ____________________________ Time Due: ____________________________ Proposal Number W912BU-12-R-0047 for _______________________________

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1.9 Page Limits

The following page limits shall apply, which do not include title sheets, indices, tables of content, schedules, or cover sheets: 30 pages maximum. The 30 page maximum includes all Project Experience Forms as well as information submitted on Small Business Utilization. The 30 page maximum does not include: past performance information/evaluation questionnaires, substitute correspondence from references, and resumes. Any documentation (other than exclusions listed above) that is included beyond the 30 page limitation will not be read or considered in the evaluation.

For example, if the requirement is for 30 pages and the offeror submits 40 pages, only the first 30 pages will be evaluated and the balance will be removed. 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.

1.10 Submittal of Proposals

Offerors shall submit their proposals to the U. S. Army Corps of Engineers-Philadelphia District, ATTN: CENAP-CT-C/Emily M. Giardino, Wanamaker Building, 100 Penn Square East, Room #643, Philadelphia, PA 19107-3390, no later than the time and date specified on Standard Form 1442, Block 13 a.

Offerors must comply with the detailed instructions for the format and content of the proposal.

Proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered non-responsive and may render the offeror ineligible for award.

1.11 Incurring Costs

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

1.12 Discrepancies

If an offeror believes the requirements in the instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale.

1.13 Proposal Retention

In accordance with FAR 4.8, the Government will retain one copy of all proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of the proposals.

2.0 EVALUATION PROCESS

2.1 Proposal Compliance Review

This review will assure that all required forms and certifications are complete. Offerors are advised that the evaluation and rating of all proposals will be conducted in strict confidence.

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Technical Evaluation Factors – The evaluation process will be the evaluation of each offerors’ experience, past performance, project key personnel, and small business utilization.

Possible ratings for Factor 1 (Experience), Factor 3 (Project Key Personnel), and Factor 4 (Small Business Utilization) are:

a. Outstanding: Proposal meets requirements and indicates and exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

b. Good: Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

c. Acceptable: Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact of contract performance. Risk of unsuccessful performance is no worse than moderate.

d. Marginal: Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

e. Unacceptable: Proposal does not meet requirements and contains one or more deficiencies.

Proposal is unawardable.

There are two aspects of the evaluation for Factor 2 (Past Performance), which are relevance and confidence.

(i) Relevance: The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection.

The criteria to establish what is recent and relevant shall be unique to each source selection and shall be stated in the solicitation. In establishing what is relevant for the acquisition, consideration should be given to those aspects of an offeror’s contract history that would give the greatest ability to measure whether the offeror will satisfy the current procurement.

(ii) Confidence: The second is to review the past performance information and determine the quality and usefulness as it applies to the performance confidence assessment.

Relevance Ratings for Factor 2, Past Performance are:

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

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

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

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

Confidence Ratings for Factor…