W912BV-16-R-0126_Canton_Gates_6-9-16.pdf

Replace Canton Dam Sluice Gates, Canton Lake, Oklahoma.

This acquisition is a tw o phase solicitation/selection process using a Firm-Fixed Price, Design-Build, “C” type contract. The requirement w ill be solicited for 100% small business set-aside competition under FAR Part 15 procedures.

This solicitation only publishes phase one requirements at this time: phase tw o proposals w ill only be requested from f irms selected for the competitive range.

The magnitude of construction ranges from $1M to $5M and the period of performance is estimated at 365 days.

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

09-Jun-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 ________365 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 ______________11 Jul 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

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-0126 73

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-0126

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

INSTRUCTIONS TO OFFERORS

00 21 00

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION FOR OFFERORS

1.1 GENERAL DESCRIPTION OF WORK

1.1 This is a two-phase competitive solicitation for a firm, fixed-price Design-Build construction contract to be awarded using the Trade-Off, Best Value selection process. This 2-Phase Request for Proposal (RFP) to Replace Sluice Gates at Canton Lake, Oklahoma. The solicitation criteria shall rely upon industry standards, as much as possible, to allow firms a degree of design flexibility while meeting certain specific project requirements.

1.2 Phase 1. The first step consists of a process known as a “Phase 1” solicitation. In Phase 1 of the 2-phase design-build selection process, interested firms or joint venture entities (referred to as “offerors” or “proposers”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described in Section 00 22 10, PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD (Phase 1 of 2), then select up to five (5) proposals from the highest rated proposals to comprise a competitive range and compete in Phase 2 for the design-build contract.

1.3 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 item or it w ill be REJECTED by the US Army Corps of Engineers mail room facility.

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available on the INTERNET ONLY. All solicitation documents will be posted to the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov

Solicitation number: W912BV-16-R-0126

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 in the proposal. There will be no public opening of the proposals received as a result of this solicitation.

1.5 OFFEROR'S QUESTIONS AND COMMENTS

All contractual matters, questions and or comments relative to these documents should be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet no later than 10 days prior to the proposal due date so they may be given consideration or actions taken prior to receipt of offers.

The Bidder Inquiry Key to submit questions is IN3V5Z-U4KVMP.

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 intends to hold a pre-proposal conference for this Solicitation. The date, location, and time will be announced by Amendment to the Solicitation. Once announced each offeror must submit in writing, via email, the firm’s name, address, point of contact, telephone number, email address and number of personnel planning to attend no later than five (5) working days prior to the conference to:

Brian Abel Email: Brian.J.Abel@usace.army.mil

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

Proposals shall be sent via the AMRDEC Safe website: https://safe.amrdec.army.mil/safe/ before the time and date specified in the solicitation (Standard Form 1442). Enter the following email addresses for recipients of the AMRDEC download:

brian.j.abel@usace.army.mil nathan.r.kloeckler@usace.army.mil punnie.chittchang@usace.army.mil

Proposals must be received by the time and date shown on Standard Form SF 1442 or as amended on SF30.

1.10 PROPOSAL FORMAT

See Sections 00 22 10 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA.

1.11 ADDITIONAL INFORMATION

1.11.1 This is a competitive acquisition. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.11 .2 Oral explanations or instructions are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.11.3 Debriefings. The Contracting Officer will promptly notify Offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR 15.505. The Contracting Officer will notify unsuccessful Offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful Offerors may request and receive a debriefing.

Offerors desiring debriefing must make their request in accordance with the requirements of FAR 15.505 or 15.506, as applicable. All debriefings will be provided officially in writing.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

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

9.0% 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 Blaine and Dewey Counties in Oklahoma; non-SMSA counties for Oklahoma City..

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

Ms. Diane Cianci, Contracting Officer Room 350

USACE

1645 S. 101st E. Avenue Tulsa, OK 74128-4609

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

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

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

NOTE: A SITE VISIT WILL BE CONDUCTED FOR PHASE TWO, ONLY.

(b) Site visits may be arranged during normal duty hours by contacting: TBD.

Name:

Address:

Telephone:

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

Section 00 22 00 - Phase 1 of 2 Phase Design Build Selection Process

PROPOSAL SUBMISSION

SECTION 00 22 10

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

(Phase 1 of 2)

1.0 OVERVIEW OF PHASE 1 AND PHASE 2 SELECTION PROCEDURES

1.1 This is a two-phase competitive solicitation for a firm, fixed-price Design-Build construction contract to be awarded using the Trade-Off, Best Value selection process. This 2-Phase Request for Proposal (RFP) is for the Replace Service Gates at Canton Lake, Oklahoma. The solicitation criteria shall rely upon industry standards, as much as possible, to allow Offerors a degree of design flexibility while meeting certain specific project requirements.

1.2 Phase 1. The first step consists of a process known as a “Phase 1” solicitation. In Phase 1 of the

2-phase design-build selection process, interested firms or joint venture entities (referred to as “Offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein, determine a competitive range, and select three (3) to five (5) offerors from the highest rated proposals to compete in Phase 2 for the design-build contract.

1.3 Phase 2. In Phase 2, the selected Offerors will submit preliminary technical-design proposals and the remainder of the performance capability proposals, including identification of key subcontractors, the proposed contract duration, a preliminary schedule, and a price proposal. The Government will evaluate the Phase 2 proposals in accordance with the criteria described for Phase 2 in Section 00 22 20 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD. Award of a firm fixed-price contract will be made to the responsible Offeror whose proposals conform with all the terms and conditions of the solicitation and represent the overall best value to the Government, considering technical-design quality, performance capability, and price. The final evaluation rating used for comparison, selection, and award will reflect the ratings received in Phase 1 and the ratings received in Phase 2. Cost and price information will not be rated in either phase but will be evaluated in accordance with FAR Part 15.4. When combined, all non-price factors are considered significantly more important than price.

1.3.1 The proposal must describe the capability of the Offeror to perform the work, understanding of the requirements contained in the Statement of Work, and set forth full, accurate, and complete information required by the RFP. The proposal should be prepared simply and economically and be legible, clear and coherent.

1.3.2 This is not a sealed bid procurement process. Issuance of this Request for Proposal does not constitute an award commitment on the part of the Government. Contract award is subject to funds availability.

1.3.3 Proposal Submissions and the Trade-Off Process. This process permits tradeoffs among price and non-price factors and allows the Government to accept other than the lowest priced proposal. Proposals must demonstrate performance and capability information for review and consideration by the Government. Relative weights among technical factors are provided in Sections 00 22 10 and 00 22 20 for Phases 1 and 2, respectively, PROPOSAL SUBMISSION REQURIMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD. The Source Selection Evaluation Board (SSEB) reviews, evaluates, and rates the proposals against the source selection criteria in the RFP. A competitive range consisting of the most highly qualified technical Offerors will be established prior to discussions (if held). The SSEB will review, evaluate and rate the technical proposals against the source selection criteria during Phase 2 for firms included in the competitive range. Concurrently, the Government analyzes price proposals. Price will not be rated, but will be a factor in making the final best value determination for award. The Source Selection Authority (SSA) compares proposals to one another and determines the best value for the government. The perceived benefits of the higher priced proposal must merit the additional cost, and the rationale for tradeoffs must be documented.

2.1 GENERAL INSTRUCTIONS

2.2 Who May Submit: Any legally organized small business firm formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of small business firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key team subcontractors. To qualify for Phase 2, the Offeror or Offeror’s subcontractor has to have or will have to have professional architects and engineers registered in the appropriate technical disciplines and the requirements specified in Contract Clause, ”Requirements for Registration of Designers”, must be met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

2.3 Specific instructions for Joint Ventures (JV) and Partnerships.

2.3.1 JV or Partnership shall be registered in the System for Acquisition Management (www.SAM.gov) as a JV or Partnership.

2.3.2 JV or Partnership shall provide a copy of the Joint Venture or Partnership Agreement.

2.3.3 JV or Partnership shall provide a detailed statement outlining the following in terms of percentages, where appropriate:

a. The relationship of the JV or Partnership parties in terms of business ownership, capital contribution, and profit sharing.

b. The management approach of the JV or Partnership in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the JV or Partnership and perform the duties necessary to complete the work.

c. The structure of the JV or Partnership and decision-making responsibilities of the JV or Partnership parties in terms of who will control the manner and method of performance of the work.

d. The bonding responsibilities of the JV or Partnership parties.

e. Identification of key personnel having authority to legally bind the JV or Partnership to subcontracts and state who will provide or contract for the labor and materials for the JV or Partnership.

f. Identification of party maintaining the JV or Partnership bank accounts for the payment of all expenses and deposits of all receipts, keep the books and records, and pay applicable taxes for the JV or Partnership.

g. Identification of party furnishing the facilities, such as office supplies and telephone service.

h. Identification of party having overall control of the JV or Partnership.

2.3.4 JV or Partnership shall identify in other sections of the proposal, where appropriate, whether key personnel are employees of the individual JV or Partnership parties (and identify the party) or hired as employees of the JV or Partnership.

2.3.5 If one of the JV or Partnership parties possesses experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past performance will be included as the experience and/or past performance of the JV or Partnership.

2.4 Where to Submit: Submit proposals to USACE Tulsa District as instructed in Section 00 21 00

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS.

2.5 Submission Deadline. Proposals shall be received by the Tulsa District no later than the time and date specified in Block 10 of Standard Form 1442.

2.6 GENERAL SUBMISSION REQUIREMENTS

2.7 Page Limitations. The proposal is limited to 30 pages not including the Table of Contents, tab dividers and Key Personnel Resumes.

2.8 In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect a proposal's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section.

2.9 The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP, or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

2.10 Proposal shall be organized and tabbed as shown in paragraph 3.0, “Phase 1 Proposal and

Related Evaluation Factors.”

2.11 Proposal Submissions.

2.11.1 Proposals in electronic format shall be submitted on CD-ROM(s) containing the information in

PDF files. Proposals shall be labeled in a manner to afford easy identification from a Table of Contents. Font size shall not be less than 10 point. Do not use condensed font. Each page shall be sequentially and consecutively identified with the appropriate page number centered at the bottom of the page. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Proposals that do not meet these requirements may be subject to rejection.

2.11.2 The proposal shall contain a detailed table of contents. The complete table of contents shall be included in each volume. Improper proposal formats will unnecessarily delay the evaluation process and may be rejected after the initial evaluation without receiving any further consideration. The Government will not evaluate any information beyond the page limitations noted.

2.11.3 Electronic Format: The Offeror shall provide the complete proposal on a CD/DVD. The CD/DVD shall contain the entire proposal in PDF format using Adobe Acrobat software; do not scan the documents into a PDF file. The text portion of the proposal shall be contained as a single PDF file for each volume. Sections of the proposal shall be linked to the index in logical order through use of bookmarks. Table of Contents to the PDF shall be shown when the PDF file is opened.

2.11.4 Number of Copies: Submit one CD/DVD containing read only PDF files. Alternately, proposals may be submitted using AMRDEC Safe Download: see Section 00 21 00 for instructions.

2.11.5 Proposal revisions, if requested, 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, Clarification, or amendment shall be included and be annotated for each revision.

Proposal replacement pages shall be numbered, shall be clearly marked “REVISED,” and shall show the date of revision.

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

Location Factor Number Description Relative Importance

VOL 1 SF 1442 and Proposal Data Sheet N/A

VOL 1 Factor 1 Specialized Experience 1st Most Important Factor

VOL 1 Factor 2 Organization and Technical Approach

2nd Most Important Factor

VOL 2 Factor 3 Past Performance 3rd Most Important Factor

4.0 VOL 1 - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.1 Submit the SF-1442, completed and signed by the firm’s authorized representative. Include the completed proposal data sheet (See Attachment 1, provided at the end of this Section).

5.0 VOL 1 – FACTOR 1 - SPECIALIZED EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

5.2 The prime contractor and the design firm(s) (or just the prime contractor if design is to be self-performed) shall demonstrate recent, relevant experience on similar projects, using Construction – Specialized Experience form – (Attachment 2), and Designer – Specialized Experience Form – (Attachment 3 at the end of the section). Offerors may identify state and local government and private contracts that are similar to the Government’s requirements. If the offeror is a joint venture, each firm shall provide information demonstrating experience relevant to their role on this project. Submit projects selected from those discussed in the experience narrative that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no more than five (5) years preceding the date of this Solicitation. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer or by the team member. Design firms may list prime contractors they have worked for or government, private or commercial customers. The offeror shall select the design firm(s). If projects were design-build, so identify them.

5.3 The offeror may provide a supplemental narrative (not project lists), not to exceed two pages, explaining how any corporate experience that is not directly representative of this project is applicable and how the Government will benefit.

5.4 The offeror should describe any previous teaming experience between proposed team members, if not described in the project list.

5.5 EVALUATION CRITERIA:

For Technical Factors (meaning all non-cost factors excluding Past Performance) the rating methodology (DoD Source Selection Procedure 3.1.2.2) is Combined Technical/Risk Rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in determining technical ratings. This methodology provides the most flexibility and least complexity in the rating process, conduct of the comparative analysis, and best value trade-off analysis process and will be used for this acquisition.

Combined Technical/Risk Ratings

Adjectival Rating Definition

Outstanding

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

Good

Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal

Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable

Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

5.5.1 The Government will evaluate the extent of recent, related experience of the prime contractor and design firms in design, construction or design-build, as relevant to their role on this project. If the design will be accomplished in-house, rather than by subcontract, then the design element of specialized experience will still be evaluated, realizing that the work is being done in-house.

Experience on the similar projects identified in the project lists will receive more consideration than experience provided in the supplemental narrative. The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience.

5.5.2 The Offeror must submit the requested information to demonstrate a record of recent, related experience in both design and construction, for the types of work required by this project. Recent design or construction experience includes projects well underway (designed and at least 50% construction progress completed) or those completed and turned over within five (5) years of the proposal issue date for this RFP. Joint Venture partners should separately demonstrate experience commensurate with their role on this project or explain in the supplemental narrative how their experience qualifies them for their role on this project.

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

5.5.4 To receive credit for extent (amount) of experience, the Offeror and its proposed design firm(s) shall demonstrate a history of recent, relevant experience. A firm will not receive credit under this factor based merely upon the relevant experience of key personnel proposed for this project.

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

• Number, size, type work, complexity, location

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

• Firm's role and extent of work self-performed (brokering out all work and simply managing a cited project are examples of less relevant experience)

5.5.6 Previous design-build experience is not mandatory for an acceptable rating. The Government will consider previous D-B experience a strength, even if the experience is on different type projects than this project. Similarly, the Government may consider previous recent teaming experience among the team members as value added, even if on different type design and/or construction projects than this project. The more relevant the experience, the more credit given.

6.0 VOL 1 – FACTOR 2 – ORGANIZATION AND TECHNICAL APPROACH

6.1 SUBMISSION REQUIREMENTS:

6.1.1 The following elements are considered equally important to demonstrate adequate organization and technical approach. Offerors are encouraged to use their best judgment when apportioning space/pages to each area for this factor. Provide information that describes the offeror’s organization and intended technical approach to executing the design-build contract per the detailed requirements herein. Demonstrate an understanding of the risk management process associated with the design-build process. Clearly but concisely describe the organizational and technical approach to project management and execution. Do not exceed the page limits stated, above: resumes submitted for key personnel do not count against page limits.

6.1.2 Organization:

a. Describe what firms, their resources and how their resources will be utilized, their roles and responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint venture arrangements, including a clear description of each firm’s roles and responsibilities on the project.

b. The Offeror shall document unequivocal teaming arrangements with its design firms(s) (see Attachment 7). A copy of the teaming or joint venture agreement(s) may be submitted separately with the proposal and will not count against page limits.

c. Include a simple organizational chart illustrating the organization, including the proposed quality control group(s).

d. Present a matrix of responsibilities for each firm in executing the key work breakdown structure activities of the project, including design and construction activities for each major feature (i.e., design, demolition, construction, cleanup).

e. Identify the design firm(s) chosen for the project, if not self-performed.

f. Describe the proposed management structure for the team, describing the how the design and construction process will be managed and the authorities and the delegations of authority within the team.

g. Include a key personnel organization chart that clearly depicts the key positions and the names of the personnel, their firm affiliations, their job locations, and their job/position title within the organization.

The key personnel organization chart shall be consistent with the corporate organization chart, with the matrix of responsibilities assigned to the D-B team firms, and with the list of key personnel provided.

6.1.3 Technical Approach for Design and Construction: Describe the technical approach to design and construction of the flood gate hoist equipment. Include any considerations of fast-tracking design and construction, pre-engineered components, factory built modules or assemblies, standard designs, etc. Discuss how this will benefit the Government, particularly regarding cost control, and safety.

6.1.4 Collaborative Approach for Design-Build: Describe interactions within the D-B team and with the Corps of Engineers during design and construction. Discuss how the configuration management system will track and control design evolution and changes during design for quality control and to facilitate quicker Government reviews. Describe the role of the construction team members during design. Describe the role and interaction of the design team with the construction team during construction, addressing, as a minimum: maintaining configuration management of the design during construction, including control and approval of revisions to the accepted design; requests for information; shop drawing and submittal reviews and approvals;

progress meetings; site visits, if any; contract completion; closeout; and as-built and completion documentation. Discuss your ability to effectively coordinate architectural and engineering professionals, trade subcontractors and construction personnel in a team effort. Indicate the level of detail you propose to employ for proper documentation of drawings and specifications.

6.1.5 Subcontractor Approach and Management: Describe how subcontractors are managed by the prime contractor. Discuss how subcontract relationships are structured to assure proper balance and flow-down of contract requirements, duties, responsibilities, and properly balanced and proportioned risk management. Discuss how non-performance by subcontractors is handled by the prime contractor. Discuss the types of relationships the prime contractor has with local small business subcontractors and how the prime contractor promotes the development of small business subcontractors to include training, development, and mentoring.