I.B.08.02_Solicitation_W912DR-19-R-0009_4.12.19.pdf

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Raystown Dam Tainter Gate Rehabilitation, Huntingdon, Pennsylvania
Solicitation number
W912DR-19-R-0009
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US Army Corps Of Engineers Baltimore District

SOLICITATION FOR

RAYSTOWN TAINTER GATE REHABILITATION

HUNTINGDON, PENNSYLVANIA

SOLICITATION NO. W912DR19R0009

DATE: 12 APRIL 2019

PROJECT TITLE: RAYSTOWN TAINTER GATE REHABILITATION, HUNTINGDON, PENNSYLVANIA

This proposed procurement is Full and Open Competition (Unrestricted), NAICS Code: 237990 - 'Other Heavy and Civil Engineering Construction' w ith a size standard of $36.5 Million.

This is a Firm-Fixed-Price, Design-Bid-Build (DBB) construction contract.

TAMARA BONOMOLO 410-962-0788

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

12-Apr-2019

(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 ________1025 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________14 May 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 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

U.S. ARMY CORPS OF ENGINEERS, BALTIMORE

2 HOPKINS PLAZA

03-G-04

BALTIMORE MD 21201

W912DR

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 410-962-0874 TEL: FAX:

W912DR19R0009 1 OF 85

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

Source Selection Information - See FAR 2.101 and 3.104

Section 00 10 00 - Solicitation

BID SCHEDULE

PRICE SCHEDULE

Item No.

Description Amount

Base Bid Items

0001 All costs in connection with Raystown Dam Spillway Gate

Rehabilitation, complete as shown on the drawings and specified but exclusive of Optional Bid Items below. $___________

Total Base Bid Amount $_____________

Optional Bid Items

0002 All costs in connection with the construction of the Fuse Plug Dike

Modification, complete as shown on the drawings and specified. $___________

0003 All costs in connection with performance and reporting of the

Geophysical Survey and Non-Destructive testing complete as shown in the Scope of Work, Drawings and as specified. $___________

0004 All costs in connection with the construction of the Tunnel Bulkhead

Placement, complete as shown on the Scope of Work, Drawings and as specified. $___________

Total Base and Optional Bid Amount $_____________

NOTES TO OFFERORS

Offerors must quote on all items including Optional Items. Failure to quote on all items may be cause for rejection of the proposal.

Optional Bid Item 0003 may be exercised at any time within 90 calendar days after contract award.

Optional Bid Items 0002, 0004 may be exercised at any time within 365 calendar days after contract award. The Contracting Officer may exercise the Optional Items by written notice to the Contractor, postmarked within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order.

If any or all of the Optional Items are exercised, the contract will be extended by a total of 180 calendar days.

EVALUATION OF OPTIONS: Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirements. Evaluation of options will not obligate the Government to exercise the option(s). (FAR 52.217-5 JUL 1990)

Section 00 20 00 - Instructions for Procurement

INSTRUCTIONS TO OFFERORS

IMPORTANT NOTES REGARDING THIS ACQUISITION

1. PROPOSAL CONDITIONS

a. Contractors must bid all items in the above bid schedule, with no exceptions. Should a contractor fail to fully complete the bid schedule, its offer will not be considered responsive to the solicitation and ineligible for the resultant contract award.

b. Split awards or multiple award contracts will not result from this solicitation.

2. COMPETITION: Full and Open Competition (Unrestricted).

3. SUBMISSION OF PROPOSALS

a. All proposals must be submitted in accordance with the procedures set forth in Block 13 of Page 1 of this Solicitation document. PROPOSALS OR MODIFICATIONS TO PROPOSALS THAT ARE RECEIVED

BY FACSIMILE WILL NOT BE CONSIDERED.

b. Hand Carried and Mailed Proposal: It is the responsibility of each offeror to ensure that its proposal is received by the Baltimore District’s Contracting Branch, located at 2 Hopkins Plaza, ATTN: Tamara Bonomolo, Floor 03-F-27, Baltimore, MD 21201 prior to the date and time set for the receipt of the proposals – See Block 13A of Page 1 of the Solicitation.

c. SF 1442 BACK (Page 2 of the Solicitation): Offerors are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in Block 19. Offerors shall fully complete all the required areas located under the section designated as “OFFER” (refer to Items 14 through 20C).

d. BID GUARANTEE: The offerors are required to submit a Bid Guarantee for this procurement. Any offeror failing to submit an authentic Bid Guarantee will be considered non-responsive to the Solicitation and ineligible for award. The Bid Guarantee shall be in the amount of 20% of the bidder’s price or $3,000,000.00, whichever is less.

e. BONDS AND INSURANCE: The Contractor will be required to furnish proof of insurance, including copies of the required endorsements, and performance and payment bonds within ten (10) calendar days following the Contractor’s receipt of the contract award.

f. All amendments (if any) must be acknowledged.

4. REQUESTS FOR INFORMATION

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 11:00 A.M. (EST), APRIL 25, 2019. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: 8BJP4W-25MQEB

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

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

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

PLEASE NOTE: THE LAST DAY FOR INTERESTED BIDDERS TO SUBMIT THEIR CONTRACTING

AND TECHNICAL REQUESTS FOR INFORMATION IN PROJNET IS 25 APRIL 2019 AT 11:00 AM

(EST). NO OTHER REQUEST FOR INFORMATION WILL BE ACCEPTED AFTER 11:00 AM (EST).

*** NOTE: QUESTIONS ANSWERED IN PROJNET ARE NOT OFFICIAL UNTIL AN AMENDMENT IS

ISSUED. ***

CLAUSES INCORPORATED BY FULL TEXT

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (OCT

2016)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Free Trade Agreement country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.

112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

Section 00 21 16 - Instructions to Proposers

PROPOSAL SUBMISSION

SECTION II

SOLICITATION PROVISIONS

1. PROPOSAL SUBMISSION INSTRUCTIONS

1.1. General: This request for proposal (“RFP”) seeks proposals from Offerors interested in being selected for construction of the Raystown Tainter Gate Rehabilitation at Huntingdon, Pennsylvania. Offerors responding to this RFP are required to submit their proposals in accordance with the instructions contained in this Section 00 21 16. This is an unrestricted competitive RFP. Offerors responding to this RFP are required to submit their proposals in accordance with the instructions contained in this Section 00 21 16. Failure to submit all items detailed in Section 00 21 16 will result in a non-responsive determination and the proposal will not be forwarded for technical evaluation.

1.2. Basis For Award: This is a competitive acquisition for the award of a firm-fixed-price construction contract. A contract will be awarded to the Offeror whose proposal represents the “Best Value” to the Government. The best value determination will be based on a comparative assessment of proposals against all source selection criteria in the solicitation, considering recommendations and minority opinions presented to the Source Selection Authority (SSA).

While the SSA may use reports and analyses prepared by others, the source selection decision shall represent the SSA's independent judgment. The evaluation factors applicable to this procurement appear below:

Factor 1 - Experience in Relevant Projects

Factor 2 - Technical Approach Factor 3 - Management Approach Factor 4 - Past Performance Factor 5- Small Business Participation Plan Factor 6 - Price

If the Offeror cannot provide a Bid Guarantee in accordance with FAR 52.228-1, the Offeror’s proposal will not be considered valid for this solicitation.

Each factor is rated individually based on the information contained in that specific factor; that is, evaluations will not be made across the factors.

Factors 1 through 5 will be adjectivally rated. Factors 1 through 5 are of equal importance and when combined, are equal to Factor 6 (Price).

It is the intent of the Government to seek proposals from qualified Offerors with experience in the significant features of this RFP and who can demonstrate a successful performance history in completing relevant projects. For the purposes of this solicitation, the Government will utilize the Trade-Off Process. The successful Offeror will be selected based on the “Best Value to the Government”. The Government will not make an award at a significantly higher price to obtain only slightly superior technical advantages; however, the degree of importance of price as a factor could become greater depending upon the equality of the proposals submitted. Where the technical merits of competing proposals are determined to be substantially equal, price could become the controlling factor.

1.3. Each Offeror is required to submit a proposal consisting of the following volumes:

a. Volume I – Technical Proposal, Part 1 (Factors 1 - 4), (original and four copies)

b. Volume II – Small Business Participation Plan (Factor 5), (original and two copies)

c. Volume III – Price Proposal (Factor 6) (original and one copy)

d. Electronic Requirement 1 - In addition to the written binder requirement in block 13A of the SF1442, all Offerors must provide an electronic copy of their price and non-price proposal in .pdf format on a compact disc(s) (CD) (Shall be one file that is an exact color copy of the hard, original proposal.).

*NOTE: Electronic copies will be used solely for administrative purposes. Hard copies will be used for evaluation and takes precedence in the case of any discrepancies between hard copies and electronic copies.

The content of these volumes are discussed in section 1.4, below.

1.4. Specific Requirements: An Offeror’s proposal shall consist of all information and material submitted in writing for evaluation in response to this solicitation. The submission of false or misleading information shall be grounds for disqualification of the proposal. The Offeror’s name, solicitation number and solicitation Closing Time and Date, must be affixed to the outside of each volume and CD. Offerors must organize their proposals as described and outlined below. Each volume must have a table of contents and a Cover Sheet to include the Offeror’s CAGE Code, address, NAICS and business size in accordance with the System for Award Management (SAM) and Point of Contact information, such as email and phone number. Each volume’s contents must be separated by tabs as discussed below.

The proposals must be in an 8-1/2” x 11” format (except for organization chart, in which a folded 11” x 17” format may be used and shall be counted as one page provided the only information presented is the organization chart).

Pages may be single-sided or double-sided (double-sided pages count as two pages) and must be numbered. The minimum acceptable type size is eleven (11) point with a minimum of one inch margins on all sides. The information in each volume must be organized as follows.

1.4. Volume I (Technical Proposal) (Factors 1 - 4): Offerors must submit the information identified in section 2, below. The information must be divided by tabs and shall be organized as follows:

TAB 1 - Factor 1 Experience in Relevant Projects TAB 2 - Factor 2 Technical Approach TAB 3 - Factor 3 Management Approach TAB 4 - Factor 4 Past performance

The total number of pages must not exceed 60 pages in the aggregate. The data appearing in Factor 1 behind the tab for 2.1.2 relating to past performance evaluations and awards, are not counted in the overall page limitation. Offerors may distribute the pages among the Factors at their discretion. If the Offeror exceeds the page limitation, then the excess page(s) after page 60 will not be evaluated (actual tabs are not included in count).

1.4.2. Volume II (Small Business Participation Plan) (SBPP) (Factor 5): All Offerors (both large and small businesses) regardless of size status are required to complete a SBPP. Offerors shall address their planned small business usage for this requirement and will be evaluated on the level of proposed participation of U.S. small businesses in the performance of this acquisition (as small business prime offerors or small business subcontractors) relative to the objectives, requirements and goals established herein. Offerors shall articulate within their SBPP how they intent to meet the small business objectives.

1.4.3. Volume III (Price Proposal) (Factor 6): The price proposal must be place in an envelope and submitted separate from the Technical Proposal. It must contain the following:

a. SF 1442 (Solicitation, Offer and Award).

b. Certificate of Corporate Principal/Authority.

c. Price Schedule.

d. Section 00 45 00.

e. Bid Guarantee.

f. Standard Form LLL

g. EFT Form

1.5. Proposal envelopes shall be marked with the Offeror’s name, Solicitation Number, and the solicitation Closing Time and Date. (See SF1442 Block 1 and Block 13)

1.6. Offerors shall submit their proposals to the U.S. Army Corps of Engineers, 2 Hopkins Plaza, ATTN: Tamara Bonomolo, Floor 03-F-27, Baltimore, MD 21201, no later than the time and date specified on Standard Form 1442, Block 13. Offeror proposals received after the required time and date deadline, will not be evaluated.

2. VOLUME I –SUBMISSION CRITERIA (TECHNICAL PROPOSAL, FACTORS 1-4)

For purposes of this solicitation, an “Offeror” may include a group of two (2) or more entities that have formed a “contractor team arrangement,” as that term is defined in the Federal Acquisition Regulation, Part 9.6. In the case of entities that have formed a contractor team arrangement, the experience and performance history of any member of the team, whether or not gained while working with the other member(s) of the currently-proposed contractor team arrangement, will be considered as a part of the evaluation of the Offeror’s proposal.

In the case of contractor team arrangements involving a prime contractor and subcontractor(s), where the prime contractor submits the proposal in response to this solicitation, the prime contractor must have completed at least fifty percent (50%) of the total number of projects that meet the requirements for Factor 1 for consideration in response to the experience requirements of this solicitation.

An Offeror that relies upon the experience and performance history of a member, members or affiliates of a proposed contractor team arrangement must provide a teaming agreement or commitment (in the case of any affiliates) signed by all parties. The Teaming agreement/commitment shall:

1. Identify the legal name(s) and cage code(s) of all entities.

2. Describe the nature of each entity’s relationship (partnership, joint venture, prime/sub or mentor/protégé) and their role on this project as a part of their proposal. The Offeror will be expected to maintain that arrangement during performance of any contract awarded to that Offeror under this solicitation.

3. The estimated percentage of work to be completed by each member submitted for the solicitation. This can be a rough order of magnitude for Phase I; however, this agreement/letter must be resubmitted with Phase II to include that actual proposed percentages.

In the case of affiliates, past performance of an Offeror’s “affiliate,” as that term is defined in FAR 2.101, will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully (e.g. roles, responsibilities, etc.) in the performance of the contract. This commitment, nature of each entity’s relationship and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate. If a teaming agreement or commitment is not provided, the projects of any team members outside of the Prime Offeror will not be considered.

The contractor team agreement/commitment shall be provided at the beginning of the Offeror’s technical proposal, prior to Factor 1, and will not be included in the overall page count.

The following are to be used in determining the status of the Offeror’s team for the evaluation of project submissions under Factor 1:

In the case of contractor team arrangements involving a Prime Contractor and Subcontractor(s), where the

Prime Contractor submits the proposal in response to this solicitation, the Prime Contractor is considered the “Prime Offeror”.

In the case of joint ventures, the “Prime Offeror” experience can come from any of the entities involved in the venture.

In the case of mentor/protégé relationships, the relationship must be established by the two Offerors and approved by the chosen Government Agency prior to proposal submission. Once the relationship has been approved, the “Prime Offeror” experience can come from any of the entities involved in the relationship. The approved mentor/protégé document from the Government Agency must be submitted along with the teaming agreement.

In the case of additional projects submitted by subcontractors, the subcontractor must submit the final cost of their portion of the project along with total project cost and all other required information.

In the case of Offerors that are large, multi-function firms (consisting of subsidiaries), experience must only be submitted by the segment of the firm (e.g., division, group, and unit) that is submitting a proposal in response to this solicitation.

In the case of affiliates, Past performance of an Offeror's "affiliate," as that term is defined in FAR 2.101, will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully in the performance of the contract. This commitment and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate.

If a teaming agreement or commitment is not provided, the projects of any team members outside of the Prime Offeror will not be considered. If the Joint Venture/Mentor Protege is a Small and Large business, the Small Business will be evaluated as the Prime Offeror.

2.1. FACTOR 1 – EXPERIENCE IN RELEVANT PROJECTS: The submitted material MUST be organized sequentially under tabs for each numbered section to facilitate evaluation. All narratives must contain sufficient detail to demonstrate technical capability.

The Offeror will demonstrate experience by the successful and contractual completion of applicable projects under Factor 1. All projects must have a construction completion date no earlier than ten (10) years preceding the original date of issuance of this solicitation. Projects that have a Beneficial Occupancy Date (BOD) within the same date range will also be considered. The Beneficial Occupancy Date (BOD) is the point at which the customer determines the facility or area can be occupied from both a regulatory and work function standpoint.

*Note: In reference to Task Order Construction Contracts (TOCCs)/Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts: Task orders/delivery orders on TOCCs and/or ID/IQ contracts can also be submitted under Factor 1;

however, each task/delivery order submitted must individually meet the requirements of the factor. Submissions of multiple task/delivery orders as a project will not be accepted or evaluated.

For projects demonstrating past experience for the construction contractor, one hundred percent (100%) of the construction must be complete.

2.1.1. The Offeror shall submit information on a minimum of two (2) but no more than three (3) completed projects.

Each project submitted does not need to demonstrate all functional categories (structural, mechanical, and electrical work) for each individual project. Rather, to meet this factor, an offeror must submit a proposal that collectively demonstrates the offeror’s experience within all three discrete categories of work: structural, mechanical and electrical.

If the Offeror’s submission exceeds the maximum project limitation of three completed projects, then the additional project(s) will not be evaluated. These projects must be of relevant scope and complexity and demonstrate a minimum completion value of $2,000,000. The Offer will demonstrate experience by the successful and contractual completion of applicable projects under this factor.

Relevant Projects must include items 1 through 5 of the following elements, and at least 6 of the 9 total elements:

1. Successful experience with procurement and installation of large motor-driven machine systems.

(Mechanical)

2. Installation of electrical equipment between 24-480 VAC/VDC including existing control and power systems tie-ins. Type of equipment to be considered includes: electric cable and conduit, electric motors, control panel equipment (circuit breakers, relays, control power transformers, etc.), PLC and remote I/O systems (controllers, encoders, torque limiting devices, etc.), shielded control cabling, power distribution equipment (power terminal blocks, manual transfer switches, etc.), and fiber cabling. (Electrical)

3. Shop and field welding in order to strengthen hydraulic steel and structures and general steel fabrication with fracture critical members in accordance with American Welding Society (AWS) D1.5. Steel fabricators shall possess an American Institute for Steel Construction (AISC) certification in one of the following categories:

Major Steel Bridge (CBR), Certified Bridge Fabricator – Intermediate (IBR), Certified Bridge Fabricator –

Advanced (ABR) or Certified Hydraulic Fabricator (HYD) along with a fracture critical endorsement.

(Structural)

4. Successful experience of performing work below water surfaces of up to 150 feet in confined spaces. This includes utilizing scuba gear to inspect, repair, remove, or install equipment and structures. (Structural)

5. Experience of preparing surfaces with abrasive blasting to a Surface Preperation-5, White Metal Blast Cleaning condition, and painting of hydraulic steel structures with vinyl coatings. (Stuctural)

6. Design, fabrication, and erection of rigid frame steel buildings. The Offeror should have knowledge and understanding of design codes to include but not limited to: American Society of Civil Engineers (ASCE) 7- 16 Minimum Design Loads and Associated Criteria for Buildings and Other Structures, 2018 International Building Code, AISC 15th Edition Steel Construction Manual. (Structural)

7. Steel fabrication consisting of shop and field welding of machinery platforms or other large weldments in accordance with AWS D1.1. (Structural)

8. Successful experience utilizing crawler cranes of up to fifty (50) tons. This includes providing crane matting to protect critical infrastructure and performing critical lifts without damage. (Structural)

9. Design, repair, and replacement of steel handrails, guardrails, and fall protection equipment in accordance with EM 385-1-1 and OSHA standards. (Structural)

*Lists, charts/matrices and bullets will not be accepted when identifying relevant elements. Each element must have a description of how the project meets the element (e.g. work with divers – for this project, divers performed work and inspections at a depth of 20 to 40 ft. in a confined space utilizing scuba gear).

* Note: All escalation values are to be labeled as escalated and the Offeror must explain in detail their escalation rationale, which must include any formulas, calculations, assumptions, etc.

It is the responsibility of the Offeror to identify, detail and demonstrate the relevancy of the submitted projects to the solicitation criteria elements. The evaluation committee WILL NOT make assumptions.

The information that is required to be supplied is identified on the form provided entitled “EXPERIENCE IN RELEVANT PROJECTS” (Attachment A). Offerors are not required to use the form itself as part of their proposal, but the information requested on the form must be in the Offeror’s proposal and should be in the same format as the form. Offerors may expand the form as necessary to accommodate the required project information.

The only submissions under the tab for this section are to be the completed “Attachment A” forms or similar format as indicated above. Only the information provided in either of these formats will be considered.

Company summaries/introductions, project summary charts/matrices, etc. will not be accepted or evaluated.

2.2. FACTOR 2 – TECHNICAL APPROACH: The submitted material MUST be organized sequentially under tabs, to facilitate evaluation.

All narratives must be responses specific to the solicitation requirements (boilerplates and company histories/summaries will not be accepted) and contain sufficient detail to demonstrate technical capability.

It is the intent of the Government to receive proposals that clearly define and demonstrate the Offerors’ response to this factor with regard to the requested information while also providing the rationale for the selection of this approach to the solicited project.

2.2.1. The Offeror must submit a detailed narrative regarding how it will comply with the design and construction parameters of the RFP, how it plans to sequence the work described in the RFP. The narrative must be a comprehensive, start-to-finish discussion of the significant features of this work including but not limited to: stoplog repairs, Tainter gate rehabilitation, fabrication and installation of warm water intake gates, diver coordination, hoist system replacements, electrical overhaul, building design and installation, capping of the emergency spillway. The narrative should address the assumptions and techniques to be used in this project and the various engineering disciplines involved (e.g., structural, mechanical, electrical, etc.), and any special items to be accomplished (e.g., Life

Safety, environmental concerns, road and bridge protection, access and load restrictions, etc.). The Offeror must also provide the proposed project duration in days.

Topics to be addressed in the project narrative which the Government may find most relevant to the project that is the subject of this RFP are identified below. These topics will be considered in the evaluation of each Offeror’s submission. An Offeror is encouraged to elaborate on other features of the work that it considers relevant or, when a high degree of risk is involved, that may adversely affect the planned performance period under this RFP.

Construction Phasing Narrative: Discuss the overall design of the project to include: discussion of the necessary construction phasing.

Structural Phasing Narrative: Provide a detail narrative that address the methods and equipment proposed for the successful completion of the structural work for this project. Topics to consider are:

a. Type of equipment, equipment setup, transportation methods, and equipment access proposed to perform the work.

b. Procedures for shop welding and quality control in accordance with AWS D1.5 and AISC Quality Certification Program as a Certified Bridge Fabricator with a Facture Critical Endorsement.

c. A narrative that describes the Offeror’s means and methods for removal of the bottom WWIG.

The narrative should explain all necessary equipment required for the operation and must address all safety related issues regarding operating in a confined space in depths of water up to 150 feet.

Mechanical Phasing Narrative: Discuss the equipment and installation methods proposed with regards to the mechanical systems work for this project. At a minimum, specifically discuss:

a. Mechanical equipment procurement and fabrication plan including the hoist systems, trunnion bearing system.

b. Procedures for installing and aligning the components of the hoist system.

c. Procedures for installing and aligning the trunnion bearing system.

2.2.2. Pre-Award Project Schedule: The Offeror shall submit a schedule in hard form.

The submitted schedule must demonstrate use of the Critical Path Method (CPM) of calculation. The schedule must demonstrate a reasonable approach and understanding of the solicitation requirements and project schedule specifications for this project:

The CPM schedule shall:

Represent all work through the entire contract period of performance.

Be task oriented indicating the number of calendar days from notice to proceed, by which deliverables are to be achieved.

At minimum the CPM schedule shall include all but not limited to the following Mandatory Tasks/Critical Activities (with appropriate durations):

Submittal processing/review/approval activities;

Incidental design;

Mobilization;

Site preparation;

Demo of existing elements;

Material procurement to include any long lead items;

Fabrication and delivery of materials;

Assembly/disassembly;

Installation Testing Commissioning;

Demobilization; and Closeout, etc.

The Offeror shall use a CPM to graphically represent the schedule. The schedule shall demonstrate how the Offeror will meet the required completion date by showing the following:

Critical Path, Adequate detail, Logic and Sequences.

Period of performance is considered to be NTP to project completion.

2.3. FACTOR 3 – MANAGEMENT APPROACH: The submitted material MUST be organized sequentially under tabs for each numbered section to facilitate evaluation.

All narratives/responses must be specific to the solicitation requirements (boilerplates and company histories/summaries will not be accepted) and contain sufficient detail to demonstrate management capability.

In the case of an Offeror that is utilizing an affiliate as a member of the team, the management approach and relationship must clearly define how the affiliate will contribute to the success of the project.

2.3.1. Project Management: The Offeror shall provide its proposed management approach for the solicited project which meets the solicitation requirements. This narrative shall be provided in a manner for those unfamiliar with the Offeror to be able to comprehend its management approach for the solicited project and include at a minimum but not limited to:

Construction approaches;

Subcontractor coordination;

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