W912BV-12-R-0023.pdf

TITLE: Small Business (SB) Set-Aside Indefinite Delivery, Indefinite Quantity (IDIQ) Multi-Aw ard Task Order Contracts (MATOCs) for Construction of Renew able Energy, Energy Conservation & Mechnical/Electrical Projects in the SW Division of the USACE ("SB Energy MATOCs").

The SB set-aside NAICS Code is 237130 - Pow er and Communication Line and Related Structures Construction - SBA Size Standard of $33.5M.

The SB Energy MATOCs w ill be aw arded through FAR Part 15 One-Step Best Value Source Selection (i.e. Trade-Off). The Government intends to establish a pool of at least three (3), but no more than f ive (5) contracts. The contracts shall have a base period plus up to four option period. The estimated shared amount of the contracts is $49.5 millsion.

PAMELA S MOODY 918.669.7457

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

21-Mar-2012

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________20 Apr 2012 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 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:

W912BV-12-R-0023 66

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912BV-12-R-0023

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Section 00 22 11 - Attach

1 - Experience Info

Attachment 2 Section 00 22 11 - Attach 2 - PP Questionnaire

Attachment 3 SOW & Specs - SB Energy MATOC

Attachment 4 SOW & Specs for Seed Task Order

Attachment 5 Wage Rates for Seed Task Order

Section 00 11 00 - SF 1442 and CLIN Schedule

DESCRIPTION OF MATOC

These SB Energy MATOCs may include renewable energy projects utilizing all types of technology including, but not limited to, solar photo voltaic arrays (both ground and roof mounted); 1KW to 50 KW wind turbines; ground source heat pumps; geothermal; Heating, Ventilating, Air Conditioning (HVAC) systems with associated controls;

pump repair/replacement (all types, from small sump pumps to large flood control pumps); valve replacement;

electric motors; variable frequency drives; motor soft start systems; switchgear; and wiring.

They will be a five year firm-fixed-price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contracts (MATOCs) with 12-month base year plus four 12-month option years. The shared aggregate capacity will be $49.5M.

Location of projects could be anywhere in the USACE Southwestern Division area of responsibility, which includes all of Oklahoma, Texas, Arkansas; and portions of Kansas, Missouri, Louisiana, and New Mexico.

Most projects will be Design-Build type projects with the Contractor responsible for the design of the entire project.

A geotechnical investigation or geothermal well test boreholes may be required to be used as a basis for design.

The contractor shall perform in accordance with the attached Scope of Work, with the Scope of Work provided with each Task ORder and within strict accordance of the terms and conditions specified herein.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

SB Energy MATOCs - Base Year

FFP

Any unused capacity may be carried over to the subsequent contract period.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lump

OPTION SB Energy MATOCs - Option Year 1

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lump

OPTION SB Energy MATOCs - Option Year 2

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lump

OPTION SB Energy MATOCs - Option Year 3

UNIT UNIT PRICE MAX AMOUNT

0005 1 Lump

OPTION SB Energy MATOCs - Option Year 4

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

NOTE

This solicitation is prepared using the Uniform Contract Format in accordance with FAR 15.204. FAR 15.204-3 states that “The contracting officer shall include in [Part II – Contract Clauses] the clauses required by law or by this part and any additional clauses expected to be included in any resulting contract.” Because the Government anticipates that this contract will encompass many different types of projects and involve many different types of situations it is including a particularly long list of clauses in Section 00 72 00. The FAR requires that when some clauses are needed for the contract, then a similar provision is also required to be included in the solicitation.

Therefore, the Government is including the following provisions in this Section 00 21 00. This list is not intended to be exclusive and the Government retains the right to make changes, additions and deletions to the list throughout the life of the contract. In individual task orders wherein specific clauses are applicable, those clauses and their respective provisions will be included in the specifications and/or Request for Proposal for that task order.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 07-JUN-2012 TO

06-JUN-2013

N/A N/A

0002 POP 07-JUN-2013 TO

06-JUN-2014

0003 POP 07-JUN-2014 TO

06-JUN-2015

0004 POP 07-JUN-2015 TO

06-JUN-2016

0005 POP 07-JUN-2016 TO

06-JUN-2017

CLAUSES INCORPORATED BY REFERENCE

52.207-1 Notice Of Standard Competion MAY 2006 52.209-7 Information Regarding Responsibility Matters JAN 2011 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JAN 2011

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-33 Alt II Notice of Requirement for Project Labor Agreement (MAy

2010) Alternate I

MAY 2010

52.222-38 Compliance With Veterans' Employment Reporting Requirements

SEP 2010

52.223-1 Biobased Product Certification DEC 2007 52.223-4 Recovered Material Certification MAY 2008 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

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

FEB 2009

52.227-6 Royalty Information APR 1984 52.227-7 Patents-Notice of Government Licensee APR 1984 52.230-1 Cost Accounting Standards Notices And Certification OCT 2008 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

JAN 2009

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

As stated in Section 00 11 00, the Government contemplates award of no less than three (3), but no more than five

(5) five year firm-fixed-price Indefinite Delivery Independent Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) resulting from this solicitation. Each will have a 12-month base year plus four 12-month option years.

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).

52.222-23 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

18% 7%

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

Anywhere in the USACE Southwestern Division area of responsibility, which includes all of Oklahoma, Texas, Arkansas, and portions of Kansas, Missouri, Louisiana and New Mexico.

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 20 percent of the bid price or $50,000.00 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.

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 Corps of Engineers ATTN: Office of Council 1656 S 101 E Avenue Tulsa, OK 74128-4609

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

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

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

(b) Site visits may be determined and arranged per task order.

NOTE: Information regarding the site visit for the Seed Task Order will be release in Amendment 1.

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 address: http://farsite.hill.af.mil.

Section 00 22 11 - Proposal Submission Requirements, Evaluation Criteria, Basis of Award One-Step-Best Value, Design-Build (Single Award)

SECTION 1

1.0 OVERVIEW

1.1 This is a competitive solicitation for an undermined number of Firm Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple-Award Task Order Contracts (MATOCs) which will be awarded using the Best Value Trade-Off Process.

1.2 These MATOCs are set-aside for Small Business (SB). The estimated shared amount of the contracts is $49.5 million. The contracts shall have a base period plus up to four option periods. The Government intends to award at least three, but no more than five MATOCs.

1.3 These MATOC IDIQs may include renewable energy projects utilizing all types of technology including, but not limited to, solar photo voltaic arrays (both ground and roof mounted); 1KW to 50 KW wind turbines; ground source heat pumps; geothermal; Heating, Ventilating, Air Conditioning (HVAC) systems with associated controls; pump repair/replacement (all types, from small sump pumps to large flood control pumps); valve replacement; electric motors; variable frequency drives; motor soft start systems; switchgear; and wiring. Location of projects could be anywhere in the USACE Southwestern Division area of responsibility, which includes all of Oklahoma, Texas, Arkansas; and portions of Kansas, Missouri, Louisiana, and New Mexico. The Offerors/Contractors must have the resources to work on multiple projects at multiple locations simultaneously. Experience with renewable energy technologies, mechanical, and electrical projects is required. Most projects will be Design-Build type projects with the Contractors responsible for the design of the entire project. A geotechnical investigation or geothermal well test boreholes may be required to be used as a basis for design.

1.4 The contractors shall perform in accordance with the attached Scope of Work, with the Scope of Work provided with each Task Order, and with strict accordance with the terms and conditions specified herein.

SECTION 2

2.0 WHO CAN SUBMIT

2.1 Firms formally organized as construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key team subcontractors.

2.2 Organization Conflicts of Interest (OCI) Disclosure: The Offeror shall provide a disclosure statement with its proposal which concisely describes all the relevant facts concerning the past or present organizational conflicts of interest relating to work on this project. In the same statement, and if applicable, the Offeror shall provide information to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after award of this contract, the Contracting Office will make a decision whether to terminate the contract.

SECTION 3

3. 0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

3.1 SUBMISSION REQUIREMENTS

3.1.1 Each Offeror must submit a Technical Proposal that includes the following:

3.1.1.1 Performance Capability for SB Energy MATOC demonstrating their capability to successfully execute the type of projects described in Paragraph 1.3. The Government will evaluate the Proposal in accordance with the criteria described herein.

3.1.1.2 Performance Capability for Seed Task Order described below. The Government will evaluate the Proposal in accordance with the criteria described herein.

SEED TASK ORDER: Repair Three Flood Control Pumps at Caney Levee Pump Station on the KS Side of Copan Lake and Install Digital Guages on Low Flow Valves at Hulah Lake Dam, OK.

The contractor shall remove, repair, reinstall, and test three flood control pumps at the Caney Levee Pump Station. Repair work includes: replace packing on all three pumps;

clean and remove all silt and debris from all three pump pits; replace the corroded suction screen on Pump #3; replace existing bolts with stainless steel bolts; fully disassemble each pump, inspect the shafts, and correct excessive shaft run-out; inspect bowl and impeller for proper running clearances; level and epoxy grout all three pumps upon reinstallation; and reinstall concrete roof hatches and ensure water-tight installation.

At the Hulah Lake low flow valves, the contractor shall remove both existing butterfly valve operators and provide new electric operators complete with actuators, speed controls, accessories, and electrical connections.

3.1.3 Each Offeror must submit a Seed Task Order Price Proposal for the Seed Task Order described above. The Government will evaluate the Seed Order Price Proposal in accordance with the criteria described herein.

3.1.4 The Technical Proposal and Seed Task Order Price Proposal must be submitted as separate volumes.

Ensure that the outside of each separate volume is clearly marked to indicate its contents; and the identity of the Offeror. Additionally, clearly identify the “original” price proposal and the “original” technical proposal on the outside cover.

3.1.5 Both Proposals must be received by the closing date and time set for receipt of proposals.

3.1.6 No dollar amounts from the Seed Task Order Price Proposal are to be included in the Technical Proposal.

3.1.7 All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal (Volume 1). Do not merely cross-reference similar material in the Seed Task

Order Price Proposal, or vice versa. Also, do not include links to websites in lieu of incorporating information into your proposal.

3.1.8 Deviations and exceptions to the terms and conditions of the solicitation are not allowed. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be deemed “unacceptable” and thus ineligible for award. Should the Offeror have any questions related to specific terms and conditions, these must be resolved prior to submission of the offer. If the Offeror must make any assumptions prior to submitting the proposal, the Offeror shall list and describe in detail the assumptions on the first page of each Tab. All assumptions shall be fully supported with the Offeror’s rationale and shall fully explain the impact, if any, on the performance and/or specific requirement of the RFP. The Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any assumption to the contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This information will not be evaluated separately but may impact the evaluation of other factors.

3.2 DISCUSSIONS

The Government does not intend to enter into discussions with offerors prior to making an award.

Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, in accordance with FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency in accordance with (IAW) FAR Part 15.306(c)(2).

3.3 GENERAL INSTRUCTIONS

3.3.1 Submit only the hard-copy paper documents and the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages should be numbered.

3.3.2 Use only 8 ½ by 11 inch paper for hard copy submissions, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers.

3.3.3 Use three-ring binders to assemble your proposal. Do not use spring clamps or exceed the recommended capacity of the fastener or binder.

3.3.4 “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

3.3.5 For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page; information on both the back and front of one sheet of paper will be counted as two pages.

Where authorized, fold-out pages (11" x 14" or 11" x 17") will count as one page. Tables of content, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.

3.3.6 Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies (e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be required, and shall be a different color than the original pages they are to replace).

3.4 SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL (VOLUME 1)

Submit an electronic copy of all proposal documents on a CD capable of being read by a Windows 7 computer.

3.4.1 Number of Sets of the Technical Proposal. Submit the ORIGINAL and five (5) additional sets of the written Proposal. The Offeror shall provide the complete proposal on CD. The CDs (six) shall contain the entire proposal in .pdf format using Adobe Acrobat software to print to a .pdf file; do NOT scan the document(s) into a .pdf file. The text portion of the complete proposal shall be contained as a single .pdf file. Sections of the proposal shall be bookmarked (linked to the index) in logical order.

3.4.2 Format and Contents of the Proposal and List of Tabs. The original and all copies of the proposal will be appropriately labeled as such. Each set shall be organized using the tabs specified in the chart below.

3.4.3 Page Limitations. The following page limitations are established for each Factor/Sub-factor:

Factor 1 – Performance Capability for SB Energy MATOC Sub-factor 1, Relevant Specialized Experience – Limited to 20 pages

Sub-factor 2, Management Effectiveness – Limited to 15 pages Sub-factor 3, Key Personnel – No page limitation

Factor 2 – Past Performance – No page limitation Factor 3 – Performance Capability for Seed Task Order Sub-factor 1, Technical Approach – Limited to 10 pages Sub-factor 2, Proposed Contract Duration/Summary Schedule – No page limitation

3.5 SPECIFIC INSTRUCTIONS FOR THE SEED TASK ORDER PRICE PROPOSAL (VOLUME 2)

3.5.1 Number of Sets of the Seed Task Order Price Proposal. Submit an ORIGINAL set plus a CD containing the Seed Task Order Price Proposal. The CD will be due 24 hours following the proposal due date. Mail or hand-deliver the CD in accordance with the instructions in Section 00 21 00.

3.5.2 Size Restrictions and Page Limits. Use only 8 ½” x 11” pages. There are no page limits set for the Seed Task Order Price Proposal. However, limit your response to information required by this solicitation. Excess information will not be considered in the Government’s evaluation.

3.5.3 Format and Contents of the Seed Task Order Price Proposal and List of Tabs. The Seed Task Order Price Proposal shall be appropriately labeled as such and shall be organized as indicated in the following chart. Note: If the Offeror is not required to submit any information under a listed Tab in accordance with the instructions below, that tab can be omitted. However, do not renumber the subsequent tabs.

SECTION 4

4.0 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

VOLUME 1 – TECHNICAL PROPOSAL

Factor/ Sub-factor/ Element

LOCATION

DESCRIPTION

RELATIVE IMPORTANCE

FACTOR 1 PERFORMANCE

CAPABILITY FOR

SB ENERGY MATOC

Most Important Factor (more important than Factors 2, 3 and 4)

Sub-factor 1 Vol 1 Tab A Relevant Specialized Experience

Most Important Sub-factor (more important than Sub-factors 2 & 3)

Sub-factor 2 Vol 1 Tab B Management Effectiveness

2nd Most Important Sub-factor (less important than Sub-factor 1 and more important than Sub-factor 3)

Sub-factor 3 Vol 1 Tab C Key Personnel 3rd Most Important Sub-factor (less important than Sub-factors 1 & 2)

FACTOR 2

Vol 1 Tab D PAST

PERFORMANCE

2nd Most Important Factor (less important than Factor 1 and more Important than Factors 2, 3 & 4)

FACTOR 3 PERFORMANCE

CAPABILITY FOR

SEED TASK ORDER

3rd Most Important Factor (less important than Factors 1 & 2 more important than Factor 4)

Sub-factor 1 Vol 1 Tab E Technical Approach Most Important Sub-factor (more important than Sub-factor 2)

Sub-factor 2 Vol 1 Tab F Proposed Contract Duration/Summary Schedule

2nd Most Important Sub-factor (less important than Sub-factor 1)

VOLUME 2 – SEED TASK ORDER PRICE PROPOSAL

Factor/ Sub-factor/ Element

LOCATION DESCRIPTION

RELATIVE IMPORTANCE

N/A Vol 2 Tab A Proposal Cover Sheet Not Rated

N/A Vol 2 Tab B Signed Letter Responding to RFP, SF1442 and Acknowledgement of Amendments

Not Rated

FACTOR 4 Vol 2 Tab C SECTION 00 11 00, 4th Most Important Factor

PRICING SCHEDULE

FOR SEED TASK

ORDER

(less important than Factors 1, 2 & 3)

N/A Vol 2 Tab D Bid Guarantee (Bid Bond)

Not Rated

N/A Vol 2 Tab E Representations & Certifications

Not Rated

N/A Vol 2 Tab F JV Agreement (if applicable)

Not Rated

SECTION 5

5.0 VOLUME 1 – TECHNICAL PROPOSAL

5.1 VOLUME 1 – TAB A: FACTOR 1, SUB-FACTOR 1 - RELEVANT SPECIALIZED EXPERIENCE

5.1.1 Submission Requirements:

5.1.1.1 The Prime Contractor shall demonstrate recent, relevant experience on similar projects as described in Paragraph 1.3 for the SB Energy MATOC, using Construction – Specialized Experience form – (Attachment 1) at the end of this section.

5.1.1.2 If using subcontractors as part of the proposed team to demonstrate experience, describe the role they will play in this project and the percentage of work they will perform.

5.1.1.3 The Contractor shall complete a minimum of three (3), but no more than five (5), “Experience Information” forms, attached at the end of this section (Attachment 1), in response to this factor. All blocks must be filled in and all data should be accurate, current, and complete. All projects submitted must be at least 50% complete and completed within the last 5 years.

5.1.2 Evaluation Criteria:

5.1.2.1 The Government will evaluate the extent of recent, related experience of the Offeror in regard to their role on this project. The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience. Offerors demonstrating experience with projects of similar size and complexity will be viewed more favorably by the Government.

5.1.2.2 The Offeror must submit the requested information to demonstrate a record of recent, related experience in construction, for the project (which may include similar state or local government or private counterparts) included in this solicitation. Recent experience includes projects well underway (see above criteria) or those completed and turned over within 5 years of the proposal issue date for this RFP for construction experience. Joint Venture partners should each demonstrate experience commensurate with their role on this project or how their experience qualifies them for their role on this project. If any of the information required is not included in the form (Attachment 1), then the Contractor will be considered non-responsive and evaluated as unacceptable.

5.1.2.3 The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Corps of Engineers Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS), other DOD or Government appraisal systems or to interview owners or references. The Government may check any or all cited references to verify supplied information.

5.1.2.4 To receive credit for extent (amount) of experience, the Offeror shall demonstrate a history of recent, relevant experience. A firm will not receive credit under this factor for the relevant experience of key personnel proposed for this project.

5.1.2.5 The Government will consider extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this project may include, but not be limited to:

Number, size, type work, complexity, location

Dates (well under way or completed no more than 5 years preceding date of Solicitation)

Firm's role and extent of work self-performed (brokering out all work and simply

“pouring the sidewalks” or similar minor work on a cited project are examples of less relevant experience).

5.2 VOLUME 1 -TAB B: FACTOR 1, SUB-FACTOR 2 – MANAGEMENT EFFECTIVENESS

5.2.1 Submission Requirements.

5.2.1.1 Clearly describe any teaming or joint venture arrangements, including a clear description of each firm’s roles and responsibilities. A copy of the teaming or joint venture agreement must be included in the proposal (not included in the page limitation). See Paragraph 6.0 for further information.

5.2.1.3 Include a simple organization chart, illustrating the organization.

5.2.1.4 Describe your quality control approach and capabilities to maintain quality control of the awarded task order projects. Describe the proposed quality control organization. Provide information on how you will handle internal and external requests for information, shop drawings, progress meetings, site visits, contract completion, closeout, as-built, and completion documentation. There is no need to submit a quality control plan; that requirement will be per task order.

5.2.1.5 Describe your plan and capabilities to respond to the Government’s notification of a proposed Task Order requirement. Include the following:

Your plan and capabilities to estimate, prepare, submit and/or negotiate Task Order Proposals within the range anticipated under the awarded contract;

Your plan to interface with the…