w09r1008.pdf

RFP No. W912BV-09-R-1008

US Army Corps of Engineers Tulsa District Various Locations Kansas, Oklahoma, and Texas

MULTIPLE AWARD TASK ORDER CONTRACT

(MATOC) FOR MAINTENANCE, REPAIR, AND

RESTORATION (MRR)

REQUEST FOR PROPOSAL

This solicitation is a 100% HUBZONE set aside

February 2009

INFORMATION

This solicitation will be distributed using Federal Business Opportunities (FEDBIZOPPS). For Offerors registered with FEDBIZOPPS, the solicitation and all amendments may be viewed and/or downloaded through the following Internet address: https://www.fbo.gov

For detailed instructions to access the site shown above, refer to http://www.swt.usace.army.mil/ebs/contract.asp

For technical information regarding plans and specifications contact:

Kalli Clark, Chief Civil Design Section U. S. Army Corps of Engineers, Tulsa District Telephone: 918-669-7271

For information regarding site conditions contact:

Michael Nance, Administrative Contracting Officer Tulsa Resident Office

Telephone: 918-669-4344

For information regarding proposal procedures, bonds, and other contracting issues contact:

Susie Mall, Contract Specialist Civil Contracts Branch

Telephone: 918-669-7273

Collect calls not accepted.

rsl

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 STANDARD FORM 1442 - SOLICITATION, OFFER AND AWARD*

00050 PROJECT DESCRIPTION AND GENERAL INFORMATION

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00110 PROPOSAL PREPARATION

00120 PROPOSAL EVALUATION AND CONTRACT AWARD

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 04 00 COORDINATION, FIELD ENGINEERING, AND SURVEYING

01 10 00 SAFETY

01 27 00 MEASUREMENT AND PAYMENT

01 31 20 QUALITY CONTROL SYSTEM (QCS)

01 32 00 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 44 00 CONTRACTOR QUALITY CONTROL

01 50 00 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

01 56 10 ENVIRONMENTAL PROTECTION

01 58 00 BULLETIN BOARD, PROJECT SIGN, AND SAFETY SIGN

01 60 00 MATERIAL AND EQUIPMENT

01 70 00 CONTRACT CLOSEOUT

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 00 CONCRETE

DIVISION 31 - EARTHWORK

31 00 00 SUITABLE SOIL FOR TURFING

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 00 00 WORK COVERED UNDER OKLAHOMA DEPARTMENT OF TRANSPORTATION

1999 STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION

32 00 01 WORK COVERED UNDER KANSAS DEPARTMENT OF TRANSPORTATION

1990 STANDARD SPECIFICATIONS FOR STATE ROAD AND BRIDGE

CONSTRUCTION

32 01 16 MILLING OR PULVEMIXING OF BITUMINOUS PAVEMENTS

32 01 17 SEALING OF CRACKS IN BITUMINOUS PAVEMENTS

32 92 23 TURF

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE PROTECTION

INITIAL TASK ORDER

KEYSTONE FLOOD DAMAGE REPAIR 2009 & ARCADIA EROSION REPAIR 2009

-- End of Project Table of Contents --

SECTION 00010

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

W912BV-09-R-1008 3 February 2009 1 of 2

SEALED BID (IFB)

X NEGOTIATED (RFP)

IMPORTANT - The “offer” section on the reverse must be fully completed by the offeror.

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

7. ISSUED BY 8. ADDRESS OFFER TO

Department of the Army Corps of Engineers Tulsa District

The Contracting Officer Tulsa District, Corps of Engineers Attn: Contracting Division 1645 South 101st East Avenue Tulsa, OK 74128-4609

9. FOR INFORMATION CALL: A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, Identifying no., date):

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) FOR MAINTENANCE, REPAIR, AND RESTORATION (MRR)

VARIOUS LOCATIONS IN KANSAS, OKLAHOMA, AND TEXAS

Required services consist of Construction Management and Engineering/Design services in support of various Military, Civil Works, and Department of Energy projects within Southwest Division (SWD) boundaries and for Tulsa District customers. A majority of the work will be located within Oklahoma, Kansas, and Texas, but may encompass work in other states covered by the geographic region included in the SWD boundaries.

Approximate Value: $25,000,000 to $100,000,000 for all contracts awarded under this solicitation

This solicitation is a 100% HUBzone set aside

DIRECTIONS FOR SUBMITTING BIDS:

ENVELOPES CONTAINING BIDS, GUARANTEE, ETC., MUST BE SEALED, MARKED, AND ADDRESSED AS FOLLOWS:

MARK ENVELOPE “BID UNDER SOLICITATION NO. W912BV-09-R-1008 TO BE OPENED AT 2:00 P.M. 5 March 2009.

RECEIPT OF AMENDMENTS NOS. ACKNOWLEDGED”

ADDRESS BIDS TO: SEE BLOCK 8 ABOVE

HAND-CARRIED BIDS: HAND-CARRIED BIDS PRIOR TO 10:30 A.M. MUST BE DEPOSITED IN THE “BID DEPOSITORY” IN ROOM 350, 1645 SOUTH 101ST EAST AVENUE, TULSA, OK 74128.

HAND-CARRIED BIDS AFTER 10:30 A.M. MUST BE DEPOSITED IN THE “BID DEPOSITORY” IN DESIGNATED BID OPENING ROOM PRIOR TO THE TIME STATED FOR OPENING OF BIDS. (FAR 14.401)

11. The Contractor shall begin performance within 10 calendar days and complete it within * calendar days after receiving award notice to proceed. This performance period is X mandatory, negotiable. (*See Section 00800 - Special Contract Requirements)

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

(If “YES,” indicate within how many calendar days after award in item 12B)

12B. CALENDAR DAYS

x Yes No 10

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _4__ copies to perform the work required are due at the place specified in Item 8 by 2:00 p.m. local time, 5 March 2009

If this is a sealed bid solicitation, offers will be publicly opened at the time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time the offers are due.

B. An offer guarantee is required. NOTE: Bid guarantee is required with any bid in excess of $25,000.

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.

*See specifications for number of copies.

NSN 7540-01-155-3212 1442-102 STANDARD FORM 1442 (REV 4-95)

Prescribed by GSA FAR (48CFR) 53.236-1(d)

OFFER (Must be fully completed by the offeror)

15. TELEPHONE NO. (Include Area Code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CAGE Contractor Established No.

DUNS Contractor Established No.

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

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. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

AMOUNTS > Set forth in the attached Proposal Schedule

18. The Offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The Offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

23. ACCOUNTING AND APPROPRIATION DATA22. AMOUNT

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) > ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing Office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30C. DATE 31B. UNITED STATES OF AMERICA

BY

30B. SIGNATURE

3OA. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or Print) 31A. NAME OF CONTRACTING OFFICER (Type or Print)

31C. AWARD DATE

STANDARD FORM 1442 BACK (Rev 4-85)

29. AWARD ( Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consist of (a) the Government solicitation and your offer, and (b) this contract award, No further contractual document is necessary.

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

FAX NO.

GPO : 1985 0 - 469-796

00010-2

MATOC for Maintenance, Repair, and Rehabilitation MATOCMRR

SECTION 00050

PROJECT DESCRIPTION AND GENERAL INFORMATION

PART 1 GENERAL

1.1 GENERAL DESCRIPTION OF THIS MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

1.1.1 Intent

This MATOC is primarily for use within SWD boundaries for both civil works and military projects. The Tulsa District shall issue task orders but any Contracting Officer from SWD may issue task orders if they get permission to borrow capacity. It is anticipated that four (4) contracts will be awarded under this MATOC. Typical efforts include, but are not limited to, maintenance, repair, and rehabilitation of roads, paved surfaces, and small inhabitable structures, and slope and shoreline protection. The Contractor shall maintain the capability to provide quick response for this work.

Work requirements will vary from site to site.

1.1.2 Period and Amount

The agreement resulting from this solicitation will be a multiple award task order contract (MATOC) as defined in FAR 16.5. Services will be provided on a task order basis. Task orders under this MATOC shall be firm-fixed price. Task orders may be placed under this MATOC for construction. The Government is under no obligation to issue any task orders, present or future, against this MATOC. The resulting contract will be negotiated and awarded with a base contract period of one year and up to four option periods, and a total contract value of not more than $49.5 million. The maximum total awarded contract value(s) shall not exceed $24.5 million for any one year. The contract(s) shall continue as option periods are exercised at the sole discretion of the Government for a time period not to exceed 5 calendar years in total, or upon obligation of the total value of the contract, whichever occurs first. The minimum guaranteed amount of the base year is $5,000; there is no minimum guarantee for any subsequent option years.

1.1.3 Task Orders

Fixed price task orders shall normally be issued bilaterally against this MATOC. The Contracting Officer will issue a request for proposal stating the efforts to be accomplished to complete the work. The task order will be negotiated on a firm fixed lump sum price basis or a firm fixed unit price basis, as determined by the Government. A Davis-Bacon Act wage determination will accompany each request for proposal.

Individual task orders shall be competed among the contracts awarded under this MATOC pursuant to FAR 16.505. Generally, award will be made to the contractor that provides the best value to the Government, unless otherwise indicated. However, the Government reserves the right to direct work to a contractor in order to meet its required minimum obligation threshold.

Source Selection Decisions shall not be subject to the Disputes Clause of this MATOC (FAR 52.233-1 or its Alternate). In accordance with AFARS 5116.5, task order proposals shall be limited to 5 pages, including attachments.

a. Each contractor will be afforded a fair opportunity to be considered for each task order in excess of $2,500, except as

DOCUMENT 00050 Page 1 provided at FAR 16.505 (b)(2).

b. The contracting officer may consider the following factors when awarding a task order: cost, price, awardee's ability to accomplish the task in the required amount of time, past performance on task orders issued against this MATOC, and past performance on other work of a similar nature. The contractor's proposal will include detailed backup cost details. The Contractor may be required to include, but not necessarily be limited to, breakout of labor, materials, equipment, subcontractor prices, and markups.

c. The Government reserves the right to award a task order without discussions. However, if discussions are necessary, the Government will conduct them with all contractors submitting technically acceptable proposals. Late proposals will be handled in accordance with the rules set forth in FAR Clause 52.215-1, Instructions to Offerors - Competitive Acquisition.

d. If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman. The Ombudsman will review the contractor's complaint in accordance with FAR 16.505(b)(5).

1.1.4 Objective

In order to meet the objectives of this MATOC, the contractor must provide expertise in certain areas in order to accomplish the required work.

Disciplines and related work requirements may include, but are not limited to:

(1) Civil. Construction surveying, grading and earthwork, surface and subsurface storm drainage and drainage control structures, storm water management, erosion and sediment control, shoreline protection, clearing and grubbing, paving and surfacing for roads, parking areas, and sidewalks, parking layout, pavement markings, traffic control and signage, gates and fencing, curbs and gutters, railroads, dewatering, landscaping, seeding and sodding, riprap, retaining walls, buried structures, slope stabilization, foundations, borings, trenching, berms, and utility relocation.

(2) Utilities. Sanitary sewers, lighting, and installation or relocation of other utilities as required for road repair and rebuilding, or other site work.

1.1.5 Resolution of Complaints

The designated ombudsman for this MATOC is Maureen Q. Weller and will remain so until changed by Headquarters, USACE. The ombudsman's address is:

Maureen Q. Weller Headquarters, U. S. Army Corps of Engineers Attention: CEPR-P (USACE Ombudsman) 441 G Street, N.W., Washington, D.C. 20314-1000

DOCUMENT 00050 Page 2

Telephone: 469-487-7151

FAX: 469-487-7168

Email: Maureen.Q.Weller@usace.army.mil

The Ombudsman will have authority to:

a. Review complaints from contractors awarded MATOCs that they have not been afforded a fair opportunity to be considered for award of a particular task order.

b. After coordination with the Contracting Officer, and if he/she agrees with the contractor, require that the Contracting Officer take corrective action regarding the complaint.

c. If the Contracting Officer does not agree with the Ombudsman, the matter shall be decided by the Headquarters, USACE Principal Assistant Responsible for Contracting (PARC).

1.2 TYPICAL ACTIVITIES TO BE PERFORMED UNDER SPECIFIC TASK ORDERS

The activities to be performed by the contractor under this MATOC and subsequent task orders are described in general terms below. Task requirements described below shall be identified, when applicable, in each task order issued under this MATOC. This list is not all-inclusive, and work requirements may be tailored to the specific needs of a task order. A price for the required work will be negotiated and agreed upon prior to the start of effort. Generally, the contractor shall not proceed from one task to another until directed to do so by the Contracting Officer.

1.2.1 Maintenance, Repair, and Rehabilitation (MRR) Action

The contractor shall not proceed with this work until a task order has been issued for this work, the contractor has submitted adequate performance and payment bonds, and a Notice to Proceed (NTP) has been issued by the Contracting Officer. The contractor shall be required to:

(1) Attend a pre-construction conference with Government personnel such as the Contracting Officer or authorized representative, Installation Representative, or Government's Program/Project Manager. The purpose of the conference is to outline the procedures that will be followed by the Government in its administration of the task order and to discuss performance that will be expected from the contractor. The conference will also give the contractor an opportunity to ask questions about the Government's supervision and inspection of task order work, security requirements, regulations, etc. The following items, at a minimum, will be reviewed at the conference (not an all inclusive list):

(a) Authorities of the Contracting Officer and authorized representative and procedures for administering the task order.

(b) Contractor labor standard provisions.

(c) Task order modification and administration procedures.

(d) Payment estimate data and procedures.

(e) Contractor insurance requirements.

DOCUMENT 00050 Page 3

(f) Contractor performance evaluations.

(g) Installation rules and regulations.

(h) Task Order specific points of contact.

(2) Begin work on the MRR action in accordance with the task order scope of work and following an approved work schedule. The contractor shall meet the following requirements:

(a) Comply with the approved Site Safety and Health Plan submitted in accordance with this MATOC, as well as adaptations specific to the current task order.

(b) Comply with the approved Quality Control Plan submitted with in accordance with this MATOC, as well as adaptations specific to the current task order.

(c) Prepare and certify a comprehensive work schedule based on the task order. Any changes to the schedule are subject to the approval of the Contracting Officer.

(d) Provide system, equipment, and construction warranties.

Standard commercial warranties shall be turned over to the Government at the end of the task order. A list of companies (names, addresses, and phone numbers) that honor the warranties shall be provided. In addition to the commercial warranties, the Contractor shall provide a one-year warranty on the work performed under the task order. During this warranty period, the contractor shall remedy, at his expense, any failure to conform, or any defect, damage, or failure of the work. A contractor point of contact shall be provided for 24-hour answering and response capability. If the remedy is not made within 72 hours of notification, the Government has the option of taking steps to remedy the failure and bill the contractor for this remedy.

(e) Prepare, maintain, and provide redline as-built/in-progress drawings (with quality control program records and reports) that reflect the on-going status of the project as well as finalizing the redline as-built drawings after the MRR action is complete.

These drawings shall be available to the Government upon request.

The detail level of these drawings will be commensurate with the complexity of the project. The finalized redline drawings shall be submitted for approval by the Government before making the final submittal of certified as-built drawings. The task order will specify the number of copies of drawings to be submitted.

(f) Submit monthly progress reports in a narrative or tabular form, detailing each activity shown on the work schedule for a reporting period. Contents of the report should include:

progress summary stated by estimated percent of completion;

remarks section to describe any problems which may have caused a lag in schedule as well as plans to get back on schedule. A summary report covering all task orders shall also be provided, including similar information in an abbreviated format.

DOCUMENT 00050 Page 4

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

-- End of Section --

DOCUMENT 00050 Page 5

00100-1 W912BV-09-R-1008

SECTION 00100

BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

CLAUSES INCORPORATED BY REFERENCE

1. 52.204-6 Data Universal Numbering System (DUNS) Number APR 2008

2. 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

3. 52.215-11 Price Reduction for Defective Cost or Pricing Data-- Modifications OCT 1997

4. 52.217-5 Evaluation Of Options JUL 1990

5. 52.219-3 Notice of Total HUBZone Set-Aide JAN 1999

6. 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995

7. 52.228-14 Irrevocable Letter of Credit DEC 1999

8. 52.228-15 Performance and Payment Bonds--Construction NOV 2006

9. 52.236-28 Preparation of Proposals--Construction OCT 1997

10. 252.204-7001 Commercial And Government Entity (CAGE) Code Reporting

AUG 1999

11. 252.215-7003 Excessive Pass-Through Charges--Identification of Subcontract Effort MAY 2008

12. 252.215-7004 Excessive Pass-Through Charges MAY 2008

CLAUSES INCORPORATED BY FULL TEXT

13. 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)

14. 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)

00100-2 W912BV-09-R-1008

15. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within fifteen (15) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

16. 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

0 6.9

(Subsequent goals will be determined on task order basis.)

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 --

00100-3 W912BV-09-R-1008

(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 Various Locations, Kansas, Oklahoma, and Texas; specified by individual task order.

(End of provision)

17. 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be twenty (20) percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

18. 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 Tulsa District, Corps of Engineers, 1645 S. 101st East Avenue, Tulsa, OK 74128.

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

00100-4 W912BV-09-R-1008

19. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) Organized site visit will be held at the Keystone Lake Project Office on 11 February 2009 at 8:00 a.m. Site visits may be arranged during normal duty hours by contacting:

Name: Sam Patterson Address: 23115 W. Wekiwa Road, Sand Springs, OK 74063 Telephone: 918-865-2919

SECTION 00110

PROPOSAL PREPARATION

PART 1 GENERAL

1.1 METHOD OF PROCUREMENT

The Tulsa District intends to solicit this requirement using the Source Selection procedures set forth in Section 00120 of this solicitation. A MATOC will be awarded to a maximum of four (4) HUBZone Small Business Concerns that submit proposals determined to be the most advantageous to the Government, with price and other factors considered as set forth in Section 00120.

1.2 SUBMITTAL INSTRUCTIONS

Proposals are due as indicated on the Solicitation, Offer and Award form (Standard Form 1442) found in Section 00010. Proposals shall be sent to the address indicated in Block 8 of SF 1442 by the date and time shown in Block 13(A) of SF 1442. Proposals that are received after the date and time shown in Block 13(A) of SF 1442 will be late and not considered for award.

In accordance with FAR 15.503, all contractors will receive written notice whether they were or were not selected for contract award.

Submittal of proposals or modifications to proposals by FAX is not allowed. Submittal of proposals shall be as set forth herein.

Hand deliveries to the Tulsa District shall be delivered to the security desk in the lobby. Call 918-669-7270 in advance to arrange for pickup.

1.3 INQUIRIES

Each question or inquiry shall be in writing and legibly reference the following:

1) solicitation number,

2) section of the solicitation by paragraph, drawing number, or other reference pertinent to the question or inquiry.

Submit questions to:

U.S. Army Corps of Engineers, Tulsa District, Contracting Division ATTN: Diane Cianci or Susie Mall 1645 S. 101st East Ave Tulsa, OK 74128

Oral explanations or instructions are not binding. Any information given to an offeror which impacts the offer will be provided in the form of a written amendment to the solicitation.

The Tulsa District business hours are from 7:45 AM to 4:30 PM, Monday through Friday. Tulsa District offices are closed on Federal holidays.

Proposals should be reviewed for possible errors in calculations, omissions, or work or required information omitted.

DOCUMENT 00110 Page 1

1.4 INFORMATION REQUIRED FOR PROPOSAL

Instructions for the preparation and organization of each proposal are included herein. The proposal shall be submitted in two separate volumes as summarized below and as required by the specifications.

All submittals on CD-ROMs shall be in the *.pdf format generated by the Adobe Acrobat exchange program.

Proposal submittal shall include the original in paper and on CD-ROMs. A separate breakout shall be included for the Cost/Price proposal for each item listed on the Proposal Schedule form. The breakout shall include sufficient detail to allow analysis of the price submitted, including direct costs and the basis for those costs, cost buildup and total cost.

The Past Performance/Management/Technical proposals shall be on a separate CD from the Cost/Price proposal. The Cost/Price proposal shall be sealed in a single package separate from the Past Performance/Management/Technical proposals and clearly marked as indicated on Standard Form 1442.

1.4.1 Volume I - Past Performance/Management/Technical (Submit 5 hard copies and 5 CD-ROMs)

The Past Performance/Management/Technical proposal shall be submitted in a narrative and graphic format. It shall be typed, the pages shall be numbered, and the sections shall be tabbed. Do not use a font smaller than

12. Do not use condensed fonts.

A cover sheet identifying the offeror and the project shall be provided.

The second sheet shall be the Table of Contents.

The Past Performance/Management/Technical proposal shall be organized as described below. Failure to follow this format will cause the proposal to be deemed non-responsive and the proposal may be rejected.

1.4.1.1 Organization of Volume I

a. Past Performance

References: Document performance for the past five (5) years on projects similar in scope, size, and delivery process by submitting three client references for accomplished road maintenance, repair, or rebuilding projects. Submit references that best demonstrate performance on this type contract or delivery process. References shall include a name of contact, title, address, telephone number, and project description.

b. Offeror's Experience

1) Experience: Demonstrate the experience of the offeror to perform work ranging from minor maintenance to complete road rebuilding capability within Oklahoma, southern Kansas and northern Texas. The maximum size project anticipated under this contract is $3,000,000 and capability to work on up to three multiple sites at one time is desired. This section may be in any format; however, as a minimum, provide the following:

A list of sub contractors the offeror has used in the past 5 years.

A list of relevant road projects, current or completed in the last

DOCUMENT 00110 Page 2

5 years, that best demonstrates experience with work ranging from minor maintenance to complete road rebuilding. The list of projects shall include the following information:

Project name and location

Nature of firm's responsibility

Project owner's name and address; Project Manager's name (Point of Contact) and phone number

Project completion date (actual or estimated)

Overall size of project

Construction cost

Duration of construction

List of major change orders on past projects and circumstances associated with them

Challenges faced and how they were overcome.

For each listed project, provide a brief statement (not to exceed 150 words in length) how the project illustrates your performance capabilities.

A list of relevant projects completed in the last 5 years, in which you have worked with other key members of your team.

(Include project name, client, date of completion and construction cost, etc.)

2) Resource Commitment: Provide documentation on available personnel and resources to be utilized under this contract.

Response to this section shall include, as a minimum, the following:

A list of professional job titles and the number of personnel in each category for each key firm on the construction team.

A list of any other corporate resources, subsidiaries, manufacturing facilities, etc. which may be used to the benefit of this contract to include items such as batch plant and heavy equipment.

3) Management Commitment: Demonstrate how corporate level of support will be involved in the planning and implementation of this project.

4) Financial Capacity: Demonstrate financial capability for providing construction services for this project. This information may be in any format, but as a minimum, provide the following:

Current Balance Sheet and Profit/Loss Statement.

Summary of litigation, lawsuits, or outstanding judgments.

DOCUMENT 00110 Page 3

c. Project Organization and Personnel

1) Approach: Describe how the offeror's firm (or team) is structured, i.e., how many firms are involved and the responsibility of each firm for this project.

Describe the organizational structure of the firm and how the construction process will be managed. Demonstrate ability to properly staff the project for the scope of the work required.

Indicate the responsibilities of each member of the project team.

Demonstrate the ability and experience to effectively coordinate subcontractors and construction personnel in a team effort.

Demonstrate firm's ability to establish and maintain a construction schedule. A simplified type of Gantt chart scheduling may be appropriate for many smaller projects, whereas a network analysis may be required for larger projects.

Demonstrate firm's construction management philosophy and the benefits it will bring to the Government.

2) Personnel: Demonstrate that the personnel proposed to provide construction services are qualified to deliver work under this contract. The response to this section may be presented in any format, but as a minimum, provide the following information:

Name, project title, education including college degree(s), date of graduation, professional registration/state, employment history (firm name and dates of employment), project experience (title, project name, description of scope and specific responsibilities on the project).

Information shall be provided on all proposed personnel including any field staff.

3) Organizational Structure and Responsibilities: Provide a project organization chart that best summarizes the resources and personnel to be used on the project. Describe interaction with the Corps of Engineers and the role they will play on the team, especially when concerning change orders, delays, submittals, progress meetings, and contract closeout, including as-built drawings and warranty coordination.

4) Subcontractors: List the subcontractor to be used for each major construction subcontract. Only subcontractors listed shall be utilized. The Contracting Officer must approve proposed subcontractor replacements. Contractors may choose to subcontract the work or perform the work with their own forces.

d. Management Control Systems, Implementation, and Past Success

1) Quality Control: Demonstrate ability to control quality throughout the work under this contract. Present a plan to control quality throughout the construction process including testing, inspection, and safety.

2) Controlling Time: Demonstrate ability to control the time during the construction phase of the project. Present the plan to

DOCUMENT 00110 Page 4 control construction time.

Demonstrate ability to minimize time overruns due to changes, unforeseen circumstances, and delays. Present the plan for maintaining the construction schedule. Describe the time control systems to be utilized.

3) Limiting Cost Growth: Describe firm's ability to maintain a project budget during construction.

Describe the cost control systems and procedures that will be utilized.

Describe the procedures and the format with which cost savings proposals will be presented.

Describe a plan to minimize cost overruns caused by owner initiated changes, unnecessary specification requirements, unforeseen circumstances, and delays.

Describe a plan to recognize and maximize user requirements while minimizing or maintaining costs.

4) Past Success: Verify management control with examples of past successes.

1.4.2 Volume II - Cost/Price Proposal (Submit 2 hard copies and 2 CD-ROMs)

Prices in the Cost/Price Proposal shall be firm. Proposals will not be considered which provide for subsequent increase in price. The Cost/Price proposal shall consist of the following:

a. Solicitation Offer and Award

1) Standard Form 1442 shall be filled out and signed by a principal of the firm authorized to bind the construction team.

b. Proposed Initial Task Order

1) Offerors shall complete the bidding schedule for the project as described in the initial task order at the back of the specifications by filling out the pricing data blanks in the bidding schedule.

2) The Contractor shall submit a Gantt chart type schedule showing NTP, physical completion, and other significant milestones. The Contractor shall include an allowance for normal weather delays in the Cost Proposal and shall schedule any contingency for weather delays for severe weather in accordance with weather requirements included in Section 00800, SPECIAL

CONTRACT REQUIREMENTS.

c. Cost proposal for the initial task order with sufficient cost detail, buildup, and totals to allow an analysis of cost.

d. Representation and Certifications: Representations and Certifications are local, state, and federal representative statements and certifications made by the Offeror concerning a variety of issues.

Complete each item in Section 00600, REPRESENTATIONS AND CERTIFICATIONS

DOCUMENT 00110 Page 5 and submit one original with the proposal.

1.5 CLARIFICATIONS AND FINAL PROPOSAL REVISION

Contact the individuals listed on the reverse side, Volume I cover sheet if clarifications are required prior to submitting the proposal. All RFP holders will be advised of significant clarifications affecting the scope of the project.

If further clarifications remain at the time and date that proposals are due, written clarifications may be included in the proposal for consideration by the Government. Clarifications submitted with proposals shall clearly identify the understanding of the RFP documents and how this understanding is reflected in the cost proposal. Extensive qualifications, exclusions and exceptions in the form of clarifications may be considered by the Government to be non-responsive and may be grounds for rejection of the proposal.

During the RFP evaluation period, those firms whose proposals are within the competitive range will be contacted to discuss clarifications submitted with their proposals. Following resolution, Offerors in the competitive range may be given the opportunity to re-submit their cost proposals as their final proposal revision.

The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer shall contain the Offeror's best terms from a cost and management standpoint.

1.6 PLANS, SPECIFICATIONS, AND AMENDMENTS

The Request for Proposal (RFP) documents will be issued electronically.

Plans and specifications will not be provided in a printed-paper format;

however, the Government reserves the right to revert to paper medium when it is determined to be in the Government's best interest, for example the issuance of an Amendment.

The Government may issue an amendment to the solicitation to publish Government responses to written questions received.

Amendments must be acknowledged in writing and signed by the offeror's duly authorized signator. Acknowledge receipt of all amendments. If in doubt as to the number of amendments issued, please check our website at the following address:

http://www.swt.usace.army.mil/ebs/contract.asp

Failure to acknowledge all material amendments shall result in rejection of offer.

DOCUMENT 00110 Page 6

SECTION 00120

PROPOSAL EVALUATION AND CONTRACT AWARD

PART 1 GENERAL

1.1 SCOPE

This section describes the evaluation process and methods by which selection will be made for this solicitation. Section 00100 describes the proposal submission requirements and instructions for this solicitation.

A Source Selection Evaluation Board (SSEB) will evaluate proposals. The SSEB will be composed of Tulsa District personnel. A list of the members of the SSEB will not be released and contact with members of the SSEB is not allowed. Efforts to solicit support from SSEB members will be considered grounds for disqualification of an Offeror's proposal. The SSEB will utilize technical and price proposal advisors in the evaluation process, as necessary. The SSEB will evaluate proposals using significant factors described in this section to determine the Best Value to the Government.

1.2 EVALUATION CRITERIA

Proposals for this solicitation will be evaluated in two areas, PAST PERFORMANCE/MANAGEMENT/TECHNICAL and COST/PRICE. Each area contains evaluation factors that correspond to the outline specified in Section 00100. The evaluation factors are listed in descending order of importance with the first factor the most important and the last factor the least important. Sub-factors within each factor are listed in descending order of importance unless specifically stated otherwise. All evaluation factors, other than cost/price, when combined, are approximately equal to the cost/price.

a. Past Performance/Management/Technical

1) Past Performance

Past Performance will be evaluated as documented in the Construction Contract Administration Support System (CCASS) and by contacting references for indications of customer satisfaction.

In addition, experience with similar projects of size, location, and cost will be given greater consideration than experience with dissimilar project types. Those offerors with no relevant performance history will not be evaluated in this area.

2) Offeror Experience

Experience Resource Commitment Management Commitment Financial Capacity

3) Project Organization and Personnel

Approach Personnel Organizational Structure and Responsibilities Subcontractors

DOCUMENT 00120 Page 1

4) Management Control Systems, Implementation, and Past Success

Quality Control Controlling Time Limiting Cost Growth Past Success

b. Cost/Price

The cost/price evaluation shall consist of an evaluation of the price reasonableness of the prices submitted for the initial task order.

1.3 METHOD OF PROPOSAL EVALUATION

Prior to the initiation of the evaluation process, each proposal will be reviewed to determine whether or not it contains the required minimal procurement and technical data. This review may result in the elimination of those proposals that fail to provide all information relative to format and certifications. All forms, representations, and certifications shall be filled out and all requested data must be provided.

After the above review for compliance has been completed, the SSEB will begin its evaluation of the categories set forth herein. The cost proposal information contained in Volume II shall be evaluated with regards to costs within the competitive range. The competitive range shall consist of all proposals, which are considered to have a reasonable chance of being selected for award.

After the determination of the competitive range, written and/or oral discussions may be conducted with all Offerors within the competitive range. Upon completion of written and/or oral discussions, final proposal revisions will be requested.

The Government may reject any or all proposals, and waive minor informalities or minor irregularities in proposals received.

1.4 AWARD

The initial task order will be awarded with the award of the intial MATOCs to the MATOC awardee with the best combination of past performance/management/technical and cost. The Government reserves the right to make award to other than the lowest priced offeror, price and other factors considered.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

DOCUMENT 00120 Page 2

00600-1 W912BV-09-R-1008

SECTION 00600

REPRESENTATIONS & CERTIFICATIONS

1. 52.203-2 Certificate Of Independent Price Determination APR 1985

2. 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007

3. 52.204-3 Taxpayer Identification OCT 1998

4. 52.209-5 Certification Regarding Responsibility Matters DEC 2008

5. 52.215-20 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data OCT 1997

6. 52.219-19 Small Business Concerns Representation For The Small Business Competitiveness Demonstration Program OCT 2000

7. 52.222-22 Previous Contracts And Compliance Reports FEB 1999

8. 52.222-38 Compliance With Veterans' Employment Reporting Requirements

DEC 2001

9. 52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

10. 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country OCT 2006

11. 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

12. 252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

13. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

00600-2 W912BV-09-R-1008

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns…