Solicitation_16-R-0004_Hulah.pdf

Repair Tainter Gates at Hulah Lake, OK

This acquisition is 100% set-aside for small business.

The cost magnitude of this project is $1 to $5 million.

DIANE M CIANCI 918-669-7458

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

15-Aug-2016

(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 _______10 calendar days and complete it w ithin ________383 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Sep 2016 (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 _______90 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

USACE, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912BV-16-R-0004 54

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-16-R-0004

Section 00 11 00 - SF 1442 and CLIN Schedule

PRICING SCHEDULE

PROPOSAL SCHEDULE

SOLICITATION NO. W912BV-16-R-0004

REPAIR TAINTER GATES

HULAH LAKE, OKLAHOMA

JULY 6, 2016

Item Estimated Unit No. Description Quantity Unit Price Amount

BASE PROPOSAL

1. Rehabilitate/Paint 6 Tainter

Gates 1 JOB $___n/a_ $_________

2. 6 Tainter Gate Side Seal Assemblies 1 JOB $___n/a_ $_________

TOTAL BASE PROPOSAL $____________________

OPTION 1

3. Rehabilitate/Paint 4 Tainter

Gates 1 JOB $___n/a_ $_________

TOTAL OPTION 1 $____________________

OPTION 2

4. 4 Tainter Gate Side Seal

Assemblies 1 JOB $___n/a_ $_________

TOTAL OPTION 2 $____________________

TOTAL PROPOSAL $____________________

PROPOSAL SCHEDULE NOTES

4. All costs for items of work not listed separately in the Proposal Schedule or specifically mentioned to be included in a particular item price shall be included in the listed item price most closely associated with the work involved.

5. This solicitation requires submission of a price on all items. Failure to do so will result in the proposal being rejected without further consideration.

4. Only one contract for the entire schedule will be awarded under this solicitation.

5. Proposal Schedule Options may be exercised, at the option of the Government, at the time of contract award up to 90 calendar days after the date of contract award.

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

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 GOVERNMENT SECURITY REQUIREMENT

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4 OFFEROR’S QUESTIONS AND COMMENTS

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.7 PRE-PROPOSAL CONFERENCE

1.8 ACCURACY IN PROPOSALS

1.9 PROPOSAL SUBMITTALS

1.10 PROPOSAL FORMAT

1.11 JOINT VENTURE PROPOSAL REQUIREMENTS

1.12 DEVIATIONS AND EXCEPTIONS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

This is a competitive best value solicitation using Lowest Price Technically Acceptable (LPTA) selection for a construction contract to Repair Tainter Gates at Hulah Lake, Oklahoma. The Government will evaluate proposals in accordance with the criteria described herein and award a firm fixed-price contract to the responsible firm whose proposal conforms to all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

1.2 GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL ma il sent to the Tulsa District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of

Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1645 S. 101 E. Ave, Tulsa, OK 74128, if it does not contain a return mailing address. There will be no exceptions.

1 . 3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents (W912BV-16-R-0004) will be posted) to the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov It shall be the contractor’s responsibility to check FBO for any amendments. The offeror shall submit all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.4 OFFEROR'S QUESTIONS AND COMMENTS

BIDDER INQUIRY USED FOR REQUEST FOR INFORMATION (RFIs) Questions and/or comments relative to the RFP shall be submitted via Bidders Inquiry (reference instructions below).

Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a publicized question and answer on ProjNet’s Bidder Inquiry and/or written amendment to the solicitation.

Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register, go to the web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify the information on the next screen is correct and click continue.

From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W912BV-16-R-0004 The Bidder Inquiry Key is: G8F8TS-NX4QCI The Bidder Inquiry System will close for new inquiries 7 days prior to proposal due date to ensure adequate time to form an appropriate response and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The bidder inquiry technical help call center operates weekdays from 8AM to 5PM Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

The point of contact for this solicitation is:

Contract Specialist: Brian Abel Telephone: 918-669-7407 E-MAIL: Brian.J.Abel@usace.army.mil

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

The NAICS Code for this solicitation is 237990 with $36.5M size limitation.

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.7 PRE-PROPOSAL CONFERENCE

The Government will hold a pre-proposal conference on August 18, 2016 at 1000 at the Corps of Engineers Office, Hulah Lake, OK. Offerors will need to submit the following information for all attendees at least 3 days prior to site visit to: Brian Abel, Contract Specialist, brian.j.abel@usace.army.mil.

Visitor's Full Name Date of Birth Drivers License (DL) Number and State of Issue Country of Citizenship Gender Company/Firm Name Company Address Telephone number

All interested offerors are urged to attend. During this conference, the requirements set forth in the solicitation will be reviewed and discussed, with part of the conference to include a question and answer period.

1.8 ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.9 PROPOSAL SUBMITTALS

All proposals shall be electronic files in the format prescribed in section 00 22 11.

See FAR 52.215-1 for rules concerning late proposals. Note: FedEx and UPS packages are delivered Monday through Friday from 8:00 a.m. – 4:00 p.m., Central Time, only. The Tulsa District office is a secured compound. A valid Government-issued ID (i.e., driver’s license) is required to gain entry to the compound. Security personnel will not deliver proposals to Contracting Division.

`Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on SF30. Mail or ship proposals contained on CDs/DVDs to:

U.S. Army Corps of Engineers, Tulsa District ATTN: Brian Abel, CESWT-CT 1645 S. 101st E. Ave. Tulsa, OK 74128 The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W912BV-16-R-0004, DO NOT OPEN”

1.10 PROPOSAL FORMAT

The preferred proposal delivery method is via email, if the attachments total less than 10MB.

Alternately, submission via AMRDEC Safe Download (https://safe.amrdec.army.mil/safe/) with the following emails for recipients:

brian.j.abel@usace.army.mil diane.cianci@usace.army.mil punnie.chittchang@usace.army.mil Use 10 point or larger font size in a single PDF file for each volume that is bookmarked in accordance with section 00 22 11. Each volume will contain a Title Sheet for ready

The lease preferred submission method is to provide one CD/DVD in PDF format and bookmarked in accordance with section 00 22 11. Mail or ship the CDs in accordance with the instructions above.

1.11 JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

1.12 DEVIATIONS AND EXCEPTIONS

Deviations and exceptions to the terms and conditions of the solicitation in either the technical or price proposal are neither encouraged nor desired. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “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. Notwithstanding the above, if deviations and exceptions are included with the offer, the Offeror shall list and describe in detail the deviations and/or exceptions on the first page of each Tab. All deviations and exceptions 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 exception 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.

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

(End of provision)

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

10.2 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is 8560 Tulsa, OK 10.2; OK Creek; OK Mayes; OK Osage; OK Rogers; OK Tulsa; OK Wagoner.

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

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Diane M. Cianci, Contracting Officer USACE Tulsa District Room 350

1645 S 101st E 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for-- 24 August 2016

(c) Participants will meet at-- 10:00 AM at the Copan Project Office meeting will start ther and drive out to Hulah

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

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

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

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

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

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

252.215-7008 ONLY ONE OFFER (OCT 2013)

(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that--

(1) Only one offer was received; and

(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).

(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:

(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).

(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs.

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

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

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

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

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

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

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

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

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

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

(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(d) If negotiations are conducted, the negotiated price should not exceed the offered price.

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

EVALUATION CRITERIA

SECTION 00 22 11 - PROPOSAL SUBMISSION REQUIREMENTS,

EVALUATION CRITERIA, BASIS OF AWARD

1. 0 OVERVIEW

This is a competitive best value solicitation for a construction contract for the Repair Tainter Gates at Hulah Lake, Oklahoma. The Government will evaluate proposals in accordance with the criteria described herein and award a firm fixed-price contract to the responsible firm whose proposal conforms to all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

1.1 WHO CAN SUBMIT

a. Small Business firms formally organized as construction contractors that have associated specifically for this project, consortia of firms or any other interested small businesses may submit proposals. Associations may be as joint ventures or as key team subcontractors.

2.0 BASIS OF AWARD

Award will be made to the acceptable proposal meeting or exceeding the technical acceptability standards for non-cost factors and is the lowest price of all acceptable proposals (LPTA) and is found fair and reasonable by the Contracting Officer. Tradeoffs are not permitted. Proposals are evaluated for acceptability but not ranked using non-cost/price factors. The Government will not award a contract to a firm whose proposal contains a deficiency, as defined in FAR 15.001. The Government reserves the right to reject any offer if the offer is not in the best interest of the Government.

3. 0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

3.1 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS.

3.1.1 Each Offeror must submit a separate Price Proposal and Technical Proposal. The Price Proposal and the Technical 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

3.1.2 Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals.

3.1.3 No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

3.1.4 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 Price Proposal, or vice versa.

Also, do not include links to websites in lieu of incorporating information into your proposal.

3.1.5 Deviations, Exception and Assumptions

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)

3.4.1 Number of Sets of the Technical Proposal. Submit the ORIGINAL and two (2) additional sets of the written Technical Proposal. The Offeror shall provide the complete proposal (except for the Cost/Price Proposal) on CD.

The CDs (2) 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 Technical Proposal and List of Tabs

The original and all copies of the technical 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:

Factor 1, Specialized Experience – Limited to 20 pages (1 page per project; maximum 5 forms per contactor/subcontractor, see paragraph 5.1) Factor 2, Proposed Contract Duration and Summary Schedule – No page limitation Factor 4, Past Performance – No page limitation

3.5 SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL – FACTOR 4 (VOLUME 2)

3.5.1. Number of Sets of the Price Proposal.

Submit an ORIGINAL set of the Price Proposal plus a CD containing the Price Proposal. The Price Proposal 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 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 Price Proposal and List of Tabs. The 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.

4.0 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

VOLUME 1 – TECHNICAL PROPOSAL

Factor

LOCATION DESCRIPTION

FACTOR 1 Vol 1 Tab A Specialized Experience

FACTOR 2 Vol 1 Tab B Proposed Contract Duration And Summary Schedule

FACTOR 3 Vol 1 Tab C PAST PERFORMANCE

VOLUME 2 – PRICE PROPOSAL

Factor

LOCATION DESCRIPTION

N/A Vol 2 Tab 1 Proposal Cover Sheet

N/A Vol 2 Tab 2 SF1442 and Acknowledgement of Amendments

FACTOR 4 Vol 2 Tab 3 SECTION 00 11 00, PRICING SCHEDULE

N/A Vol 2 Tab 4 Bid Guarantee (Bid Bond)

N/A Vol 2 Tab 5 Representations & Certifications

N/A Vol 2 Tab 6 JV Agreement (if applicable)

5.0 VOLUME 1

5.1 VOLUME 1 – TAB A: FACTOR 1 - SPECIALIZED EXPERIENCE

5.1.1 Submission Requirements:

Demonstrate the specialized experience of the Offeror and/or proposed team on projects same/similar in size and complexity to that described in the solicitation for same/similar construction services.

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 per contractor/subcontractor. 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. If the Offeror’s firm has multiple locations, projects should have been completed by the regional office that will be performing the work. The Government preference is that project examples submitted be of completed projects (i.e., construction complete). At least two (2) of the projects provided must be valued at over $500,000.

5.1.2 Evaluation Criteria:

a. The Government will evaluate the extent of recent, relevant experience of the Offeror (including subcontractors) in regard to their role on this project. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience. The Government will evaluate the experience submitted to see that it demonstrates capability to execute projects that are similar in size, scope, and complexity to this requirement. Projects still under construction will be evaluated only if they are at least 50% complete.

(1) 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.

(2) The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Construction Contractor Appraisal Support System (CCASS), 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) 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:

(a) Number, size, type work, complexity, location

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

(c) Firm's role and extent of work self-performed.

5.2 VOLUME 1 - TAB B: FACTOR 2 – PROPOSED CONTRACT DURATION AND SUMMARY

SCHEDULE

5.2.1 Submission Requirements:

a. The Offeror shall propose a contract duration in the appropriate location on the Pricing Schedule not to exceed the maximum contract duration specified in the SCR entitled COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. The proposed duration shall become the required contract duration.

b. Submit a summary level schedule for construction including any construction phasing. Schedules or diagrams may be provided separately in a size that is easily read, but shall be bound and clearly labeled as Tab 2.

Summary schedule may be presented as an 11”x17” foldout sheet, counted as one (1) page. This summary schedule will, after contract award, be replaced with a project schedule as required by Section 01 32 01.00 10 PROJECT SCHEDULE. The summary schedule shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Offeror may use a critical path or other method of his choice;

however, schedules shall be graphically represented. The proposed summary schedule shall reflect the proposed contract duration. Give attention to the following features:

(1) Show the overall construction phase for major item(s), for the site work, and for utilities (if applicable).

(2) Show turnover of the project. Identify any proposed phased turnovers (if applicable). The time to complete the project and turnover to the Government must consider the requirement for the Contractor’s CQC completion inspection and the subsequent joint Contractor-Government turnover inspection.

(3) Show as-built submissions.

(4) Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion period. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.). Indicate the anticipated overall critical path on the schedule.

c. The Offerors shall provide a narrative explanation to include the following:

(1) Proposed Phasing Plan

(2) Crew Assembly and Work Schedule(s)

(3) Safety Plan

The intent is to provide enough detail to demonstrate the Offeror’s understanding of the project; however, it is not the intent for the Offeror to provide the amount of detail that will be required in the pre-work submittals contained in Division 01 of this RFP.

5.4.2 Evaluation Criteria:

a. Proposed Contract Duration: This duration will become the contractually binding completion period. The Government will evaluate the contract duration, as proposed by the Offeror in the Pricing Schedule, not to exceed the maximum allowed duration shown in the SCR entitled COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK. In assessing the reasonableness of the proposed contract duration, the Government may take into account how well the proposed summary schedule supports the proposed duration, as well as use other information, such as but not limited to independent judgment concerning logic, constraints and typical construction durations. The Government will consider an unreasonably condensed contract duration, which places additional cost or schedule risk on the Government or which may create a risk of contract or performance failure, as a deficiency, depending upon the evaluators' judgment.

b. Summary Schedule: The Government will evaluate the summary schedule for construction. The length of the schedule must match the proposed contract duration. If it is shorter than the proposed contract duration, it offers no advantage to the Government because it is non-binding, only representing a preliminary planned schedule. A schedule shorter than the proposed contract duration may indicate the Offeror is placing additional risk on the Government for any delays between the scheduled completion date and the required contract completion period.

Both parties shall assume field overhead costs are included in the contract price for the full proposed contract duration. Therefore, the Government believes that there is no valid need to shorten the schedule less than the full proposed contract duration. The Government will evaluate the schedule to assess the strength of understanding of the project scope, restrictions which must be considered in the schedule e.g., permitting, long lead items, phasing, etc. The Government will evaluate the strength of understanding of events associated with coordinating submittals, the firm's capability to schedule the complete project within the proposed contract duration and the realism of the schedule.

c. Narrative: The Government will evaluate the narrative for realism and logic in regard to the proposed phasing plan , work crew assembly and work schedule, and safety plan.

6.0 VOLUME 1 -TAB c: FACTOR 3 - PAST PERFORMANCE

6.1 Submission Requirements:

a. For the projects listed under Factor 1 – Experience, the Government will query the Contractor Performance Assessment Reporting System (to include ACASS, CCASS, and CPARS) to validate past performance ratings on Department of Defense contracts and any other past performance information the Government deems necessary to evaluate a contractor’s past performance.

b. For each project that does not have a ACASS, CCASS, or CPARS evaluation, Offerors shall forward a copy of the Past Performance Questionnaire (PPQ) included at Attachment 2 to the points of contact responsible for monitoring performance under such contracts. The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 2. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 2) which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Contract Specialist identified via email prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

c. The information contained in the questionnaires will be used to evaluate the offeror’s past performance.