W912BV-16-R-0116_-_WISTER_LAKE_EXP_JOINTS.pdf

W912BV-16-R-0116-0001

Install Expansion Joint System at Wister Lake

This project w ill be a Firm Fixed Price (FFP) for the Construction and Installation of Expansion Joint System at Wister Lake, Le Flore County, OK

This acquisition w ill be solicited as an Unrestricted Procurement. The applicable NAICS code for the project is 237990 and the size standard for Small Business Standard is $36.5 Million The Construction cost magnitude is betw een $500,000 and $1,000,000.

BRIAN J ABEL 9186697407

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

05-Jul-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 ________352 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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________01 Aug 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 is, X 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

03:30 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:

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-0116

Section 00 11 00 - SF 1442 and CLIN Schedule

BID SCHEDULE

BID SCHEDULE FOR

Construct and Install Expansion Joint System, Wister Lake, Le Flore

County, Oklahoma

Expansion Joint System 1 JB $__________ $__________ Left Upstream Joint Wister Lake

Total Base (CLIN 0001): _________________________

OPTIONS

OPTION 1

Expansion Joint System 1 JB $__________ $__________ Right Upstream Joint Wister Lake

OPTION 2

Expansion Joint System 1 JB $__________ $__________ Left Downstream Joint Wister Lake

OPTION 3

Expansion Joint System 1 JB $__________ $__________ Right Downstream Joint Wister Lake

TOTAL OPTIONS (CLIN’s 0002-0004) $______________

TOTAL BASE PLUS OPTIONS (CLIN’s 0001-0004) $______________

BIDDING SCHEDULE NOTES

1. Refer to Section 00100, Clause 52.0214-0022 “Evaluation of Bids for Multiple Awards (Mar 1990)” for information on evaluating multiple awards.

2. Refer to Section 00100, “Evaluation of Options (July 1990)” for information on evaluating options.

3. All quantities are estimated except where the unit is given as job.

4. If a modification to a bid based on unit prices is submitted which provides for a lump-sum adjustment to the total estimated cost, the application of the lump-sum adjustment to each unit price in the Bidding Schedule must be stated. If it is not stated, the bidder agrees that the lump-sum adjustment shall be applied on a pro-rata basis to every unit in the Bidding Schedule.

5. Contract awards will be made by Bidding Schedule, not by individual line items on the Bid Schedule.

6. Bidders should complete any and all bid schedules for the work they desire to bid upon.

7. It will be assumed by the Government that the bidder agrees to contract for the work covered by any individual Bid Schedule if the bid is determined to be the lowest of those submitted for that Bid Schedule.

Otherwise, bidders should state their intention as to “all or none” when submitting bids for more than one Bid Schedule.

8. Optional bid items may, at the option of the Government, be awarded at the time of contract award or may be exercised at any time from the date of contract award until 60 days after issue of the Notice to Proceed

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

INTRUCTION TO OFFERORS

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 AWARD CONTINGENCIES

1.2 GENERAL DESCRIPTION OF WORK

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 BIDDER INQUIRY USED FOR REQUEST FOR INFORMATION (RFIs)

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 JOINT VENTURE PROPOSAL REQUIREMENTS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

This project will be a total turn-key contract with all work being performed by the Contractor. The Contractor shall provide all plant, materials, equipment, labor, instruments, tools, subcontractors, supervision, management, and travel necessary to complete all work in accordance with the summary or work, attached drawings, specifications, and all other contract documents and requirements. The work required for the contractor is to construct and install expansion joint systems at Wister Lake.

1.2. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail 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 will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov

Solicitation number: W912BV-16-R-0116

It shall be the contractor’s responsibility to check the websites 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.

1. 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.

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

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

4. The Solicitation Number is: W912BV-16-R-0116 The Bidder Inquiry Key is: 75D2GA-822FNZ

c. The Bidder Inquiry System will close for new inquiries 10 days prior to proposal due date to ensure adequate time to form an appropriate response and amend the solicitation, if necessary.

d. 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.

e. 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.

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

g. The point of contact for this solicitation is:

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

Note: All questions and/or comments should reach the above referenced Contracting Office no later than 10 calendar days prior to the solicitation close date, so they may be given consideration or actions taken prior to receipt of offers. All requests for information must be submitted via ProjNet’s Bidder Inquiry (see below).

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. SITE VISIT

The site visit will be at US Army Corps of Engineers – Wister Lake located at 25334 US Hwy 270 Wister, OK 74966-9503 to be held on 27 July 2016 at 1000.

. The offeror must submit in writing all information in accordance with FAR clause 52.236-27 via e-mail, the firm’s name, address, point of contact, telephone numbers, and names of personnel planning to attend as soon as possible but no later than COB 22 June 2016 to the individual below:

U.S. Army Corps of Engineers, Tulsa District ATTN: Brian J Abel 1645 S. 101 E. Ave.

Tulsa, OK 74128 Phone: 918-669-7407 Email: brian.j.abel@usace.army.mil

All interested offerors are urged to attend. During this site visit, 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 COPY ONLY along with two copies on CD ROM in the format prescribed in section 00 22 11.

Hand-Delivered Proposals: Due to heightened security at Government Installations, those Offerors who have their proposals hand delivered shall contact Brian Abel, CESWT-CT, Contract Specialist, at 918- 669-7426 prior to delivering to the address shown below. On the date specified, and 30 minutes prior to the time specified, a Contracting Representative will be in the lobby to accept proposals. At the time specified, it will be announced that receipt of proposals is closed. Official time is established by the clock located in the area where the proposals are received. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers.

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 proposals 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-0116, DO NOT OPEN”

1.10. 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 will eliminate the proposal from further consideration. If this is an 8(a) or HUBZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

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

5.6 6.9

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Oklahoma/Lefore County/Wister Lake

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.

1645 S 101 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 1645 S. 101st East Ave., Tulsa, OK 74128, Contracting Division, ATTN: Diane M. Cianci

(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--

27 JULY 2016 at 1000

(c) Participants will meet at--

THE SITE VISIT WILL BE AT US ARMY CORPS OF ENGINEERS – WISTER LAKE. LE

FLORE COUNTY, OK LOCATED AT 25334 US HWY 270 WISTER, OK 74966-9503

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

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

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

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

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

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

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

EVALATION FACTORS FOR AWARD

1. 0 OVERVIEW

This is a competitive lowest price technically acceptable (LPTA) solicitation for a construction contract for the Construction and Installation of Expansion Joints at Wister Lake, Le Flore County, OK. 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 lowest evaluated price to the

Government.

1.1 WHO CAN SUBMIT

a. 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.

b. 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.

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 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 PROPOSAL SUBMITTALS

The submittal method for proposals is electronic via AMRDEC SAFE web site below, or email, in accordance with section 00 22 11:

https://safe.amrdec.army.mil/safe/.

The following email addresses must be entered for notification of proposal receipt and download availability: Robert.l.norris@usace.army.mil

Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on

SF30.

Mail proposals to:

U.S. Army Corps of Engineers, Tulsa District

ATTN: Robert Norris, CECT‐SWT‐E

1645 S. 101 E. Ave.

Tulsa, OK 74128

The Packaging Proposals shall be marked:

”Proposal for Solicitation Number: W912BV‐16‐R‐0059”

3.1.1 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 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 “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 The Offeror shall provide the complete electronic proposal. 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 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 3 ‐ Past Performance – No page limitation

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

3.5.1. Size Restrictions and Page Limits. There are no page limits set for the Price Proposal. However, limit your response to information required by this solicitation.