W912DS-10-B-0010-0005.pdf

W16ROE01600695

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

a. Convert this solicitation to a negotiated procurement (W912DS-10-R-0010). Only those contractors w ho submitted bids for Invitation for Bid W912DS-10-B-0010 w ill be permitted to enter into negotiations. Proposals are due by 2:00PM EST on 14 September 2010. Proposals shall be sent to Renee George at 26 Federal Plaza, Room 1843, New York, NY 10278.

b. Provide a revised priced schedule on w hich offerors w ill submit their prices.

c. Provide sections 00110(Submission Requirements and Instructions), 00120(Proposal Evaluation and Contract Aw ard).

d. Add FAR clause 52.215-1 Alt 1, 52.215-5, 52.215-2 and delete FAR clause, 52.214-5 and 52.214-5000

e. As a result of this conversion, the plans and specifications from W912DS-10-B-0010 and amendments 0001-0004 are hereby incorporated by reference.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Sep-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS-10-B-0010

X 9B. DATED (SEE ITEM 11)

14-Jul-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Sep-2010

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DS-10-B-0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMEND 0005

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7001 1 Lump Sum

FFP

All work complete in accordance with the drawings and specifications but not including without limitation the work indicated or specified under Option 1, Option 2, Option 3 or Option 4. Under the Base Bid, the Contractor shall include all work for the complete construction of the concrete retaining wall and complete construction of the steel sheet pile combination bulkhead, including cutting the steel sheets to the elevation specified on the drawings in preparation for cap installation.

FOB: Destination

MILSTRIP: W16ROE01600695

PURCHASE REQUEST NUMBER: W16ROE01600695

NET AMT

7002 1 Lump Sum OPTION Option 1

FFP

Provision of all work for the complete construction of the steel sheet pile scour protection bulkhead and the steel sheet pile scour protection bulkhead steel cap.

This price shall include but is not limited to; purchase and supply of all bulkhead, cap and concrete fill materials, temporary support of sheet pile during placement of concrete fill, temporary removal and existing riprap as required prior to sheet pile placement and replacement of riprap after bulkhead construction, welded plates installed over lifting holes to seal holes, installation of concrete fill, complete installation of the steel cap and all protective coatings specified.

7003 1 Lump Sum OPTION Option 2

FFP

Provision of all work for costs associated with the purchase, supply and delivery only of all of the materials required to construct the cast-in-place concrete cap for the steel sheet pile combination bulkhead, with the exception of the concrete itself and any formwork required for construction and any costs associated with the cast-in-place cap installation. This includes, but is not limited to, costs associated with, ties, reinforcement, and accessories in accordance with the contract drawings and specifications. Additionally, the Contractor shall be responsible for storing these materials in the designated staging areas and protecting them from damage, for submitting the appropriate shop drawings, certificates and any other submittals required for the materials supplied.

7004 1 Lump Sum OPTION Option 3

FFP

Provision of all work for the complete construction of the cast-in-place concrete cap to be installed at the steel sheet pile combination bulkhead, with the exception of requirements as specified in Option 2. This work shall include, but is not limited to; the purchase and supply of all materials and equipment required for construction, except as noted above, all required submittals, any testing associated with this construction and complete installation of the cap. Concrete, as excluded in Option 2, shall be included as part of the complete construction of the cast-in-place concrete cap. Additionally, under this Option the Contractor is responsible for installing all anchorage and base plates and ensuring proper fit up of the new steel-two rail railing. The Village of Tuckahoe will be responsible for installation of the remaining railing components. If this Option is not awarded to the Contractor, the Village of Tuckahoe will perform the complete cast-in-place concrete cap construction.

7005 1 Lump Sum OPTION Option 4

FFP

Provision of all work to purchase and supply ONLY the two-rail steel railing.

Installation of the two-rail steel railing, in its entirety, shall be by the Village of Tuckahoe. Option 4

TOTAL AND NOTES

TOTAL BASE (CLIN 7001) $________________

TOTAL OPTION (CLINS 7002 through 7005) $_______________

TOTAL BASE PLUS OPTIONS (CLINS 7001 through 7005) $________________

NOTES:

1. The lowest offeror for purposes of award will be the technically acceptable responsible Offeror offering the lowest Base Amount and the Optional Bid Amount for all Items.

2. Any price for items indicated above which are materially unbalanced as to price for the Base CLINS and the Optional Items may be rejected. An unbalanced proposal is one, which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

3. Offerors are required to provide prices on all items or their proposal will be rejected.

4. Offerors are reminded that they must provide prices on the issued plans and specifications as amended. Any deviations, conditions, or amendments made by the offeerors thereto may render the proposal non-responsive and be cause for its rejection.

5. Optional items, if awarded will be as follows:

6. Option 1 - CLIN 7002, Steel Sheet Pile Scour Protection Bulkhead and Steel Sheet Pile Scour Protection Bulkhead Steel Cap, to be awarded within 45 calendar days from issuance of Base CLINs NTP date. No additional time shall be added to the contract.

7. Option 2 - CLIN 7003, Purchase and Supply Only of All Materials Required to Construct the Cast-In-Place Concrete Cap for the Steel Sheet Pile Combination Bulkhead, to be awarded within 45 calendar days from issuance of Base CLINs NTP date. No additional time shall be added to the contract.

8. Option 3 - CLIN 7004, Construction of the Cast-In-Place Concrete Cap for the Steel Sheet Pile Combination Bulkhead, to be awarded within 45 calendar days from issuance of Base CLINs NTP date. No additional time shall be added to the contract.

9. Option 4 - CLIN 7005, Two-Rail Steel Railing, to be awarded within 45 calendar days from issuance of Base CLINs NTP date. No additional time shall be added to the contract.

The Government intends to award without discussions, but reserves the right to hold discussions.

SPECIFICATIONS

Section 00010 – Bid Schedule

Replace the current bid schedule with new bid schedule attached.

Section 00110 Submission Requirements and Instructions

Insert this new section into the solicitation.

Section 00120 Proposal Evaluations and Contract Award

Insert this new section into the solicitation.

Section 00110 Submission Requirements and Instructions

1.0 OVERVIEW

1.1. This is a “Best Value - Lowest Price Technically Acceptable” solicitation, in accordance with FAR 15.101-2, for the Construction of the Yonkers Avenue Streambank Protection Contract. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value, lowest price technically acceptable, to the Government.

2.0 GENERAL INSTRUCTIONS––

2.1. Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Two (2) separate volumes shall be submitted as Volume I - Technical Proposal, Volume II - - Price Proposal. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Do not submit any material not required by this solicitation (such as company or system brochures). It is assumed that the Offerors will meet all technical portions (construction criteria) of the RFP. The fact that the technical specifications and the drawings are not evaluated factors during solicitation does not relieve the Offerors from meeting all technical, or other, requirements of the RFP.

2.2 Where to Submit

Offerors shall submit their proposal packages to the Corps of Engineers (USACE) at the address shown in Block 7 of Standard Form 1442.

2.3 Submission Deadline

The USACE must receive proposals not later than the time and date specified in Block 13 of Standard Form 1442.

2.4 Incurring Costs

The Government is not liable for any costs incurred by the Offerors submitting an offer in response to this solicitation.

2.5 Format Requirements

Submit one (1) original plus at least seven (7) copies. All proposals shall contain the volume number and the name, address and telephone number of the Prime and Subcontractors, Joint Venture, or other entity identified on the cover. The original proposal must be clearly marked as “ORIGINAL” and the original signatures must be in blue ink. Copies of the proposals must also be clearly marked as “COPY x of y (i.e.

COPY 1 of 7)”. Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. Each volume will be submitted separately bound. The proposal shall address and contain the information listed below.

The information will be used by the Source Selection Board to evaluate each proposal. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information will not be evaluated. Proposals that provide only superficial coverage of the information required below, may not receive additional consideration and may be excluded from the competitive range. Additionally, should the proposal include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be "unacceptable" and thus ineligible for award.

3.0 FACTORS FOR EVALUATION

3.1. VOLUME 1 -TECHNICAL PROPOSAL (FACTOR 1 and 2)

Factor Location Description Relative Importance

FACTOR 1 Vol. 1 TAB A Contractor Past Relevant Experience Factor 1 and 2 are equal

FACTOR 2 Vol. 1 TAB B Past Performance Factor 1 and 2 are equal

3.1.1. FACTOR 1 - CONTRACTOR PAST RELEVANT EXPERIENCE -

The Offeror will demonstrate past construction experience of the prime and major subcontractors by providing summary information describing recent and relevant projects. These projects may be construction that occurred on a Design-Build project and/or Design-Bid-Build project or any combination of the two.

The Contractor shall demonstrate not less than one (1) but no more than three (3) examples of relevant projects not less than 75% complete or physically completed within the last seven (7) years. At least one (1) examples will be of work done by the prime contractor. Relevant projects are those which are similar in scope, magnitude and complexity.

Scope is defined as the construction of sheet piles with a precision commensurate with these

Plans and Specifications.

Complexity is defined as the use of a multi-disciplined construction team; construction disciplines to include but not limited to: sheet pile installation, heavy construction in construction of structures of the type as described under scope;.

Magnitude is defined as the construction of a bulkhead or sheet pile construction project over

$1M in a single contract.

Physical completion is defined as the date the facility was turned over to, or occupied by the owner.

Past experience may include information regarding predecessor companies, team associations, company’s key personnel, and/or primary subcontractors that will perform major critical aspects of the project such as sheet pile installation; including requirements and how construction was facilitated to meet those requirements through monitoring and the required tolerances, where the principal Offeror was a primary subcontractor (> 35% of total) and their portion of the work is not less than 75% complete. The Offeror will demonstrate past successful business associations with all proposed major subcontractors.

A minimum of one (1) and no more than three (3) total project information summaries shall be submitted by the Contractor (Offeror). If the Offeror is using experience from their primary subcontractors for construction as examples of experience, those experiences are included in the total of two (2). If more than two (2) project information summaries are submitted, only the first two (2) will be considered. Information shall be provided on the form found in Paragraph 6.0, of RFP Specification Section 00 22 11 Relevant Project Information Summary. EACH PROJECT SUMMARY SUBMITTED

SHALL BE THREE (3) PAGES OR LESS, IN A FONT SIZE NO SMALLER THAN 10 PT. PITCH.

Rating Guidelines for Factor 1:

The government will not award to an Offeror that receives an unsatisfactory in this factor.

Satisfactory (Green): At least one (1) relevant construction projects of similar scope, magnitude and complexity are submitted with at least one (1) performed by the Prime.

Unsatisfactory (Red): The Offeror has not submitted one (1) clearly relevant construction project of similar scope, magnitude and complexity.

3.1.2. FACTOR 2 - CONTRACTOR PAST PERFORMANCE

Offerors are required to provide a Past Performance questionnaire to their previous Client(s) for their past Client’s input regarding their firm’s and/or that of any past Team Association or sub-contractor’s Past Performance. Offerors shall submit Past Performance questionnaires for each project submitted under factor 1. Projects must be a recent (project constructed within the past 7 years), relevant project of similar scope. Your past Clients must be instructed to fax or Email their completed questionnaires directly to the Corps of Engineers, Contract Specialist, by the proposal submission deadline in order to be considered. Additionally, for the Technical Evaluation Board’s tracking purposes, each Offeror shall provide, labeled separately “Volume I - Past Performance Information”, these will be the same Forms sent to past Clients with only the past Project Name and Location filled out as well as the Past Client’s Name, Title and Phone Number. This information is necessary in case follow-up phone calls to past clients are deemed necessary.

The Offeror shall provide a copy of the front page of all Past Performance Customer

Questionnaires in the technical proposal that were sent to clients as proof that the questionnaires were requested. The Government reserves the right to verify previous performance by reviewing the USACE Construction Contractor (CCASS) or other governmental data bases, interviewing owners or references, or obtaining past performance information from any available source. In the event a Final Revised Proposal is requested, and the Offeror wishes to submit different examples from what was submitted in the original proposal, the Offeror must provide performance and evaluation information on the provided Past Performance Customer Questionnaire for the new projects submitted. Offerors shall provide information and an explanation for terminated design or construction projects including address and phone listings of the owner or owner’s representative.

In addition to the questionnaires, the Offeror is required to provide information on past projects

(within the past 7 years) in which they have been terminated or received a CURE NOTICE and for each instance, provide accompanying information as to the details for such action(s) with an explanation of why they were terminated and/or issued a cure notice. In the event a client issued a cure notice, the Offeror is also required to provide accompanying information from the client either stating that the issue causing the cure notice has been acceptably resolved or addressed or that the issue remains unresolved.

Rating Guidelines for Factor 2

The Government will not award to an Offeror that receives an unsatisfactory rating in this factor:

Satisfactory (Green): Based on Offeror’s past performance record, no doubt exists that Offeror will successfully perform the required effort.

Marginal (Yellow): Based on the Offeror’s past performance record, some doubt exists that the Offeror will successfully perform the required effort.

Unsatisfactory (Red): Based on the Offeror’s past performance record, extreme doubt exists that the Offeror will successfully perform the required effort.

Unknown (Grey): No relevant past performance is identifiable upon which to base a meaningful performance risk prediction. A search was unable to identify any relevant past performance information for the Offeror or the key team members/subcontractors or their key personnel. This is neither a negative nor positive assessment.

3.2. VOLUME 2 - PRICE PROPOSAL

Factor/Sub Factor

Location Description Relative Importance

N/A Vol. 3 TAB A Price (Standard Form 1442 and Proposal Bid Schedules)

Not Rated

N/A Vol. 3 TAB B Bid Bond Not Rated

N/A Vol. 3 TAB C Self-Performed Work Not Rated

N/A Vol. 3 TAB D Required Pre-Award Information to include reps and certifications

Not Rated

*NOTE - The Government will evaluate price independently from the technical evaluation. Price will not be rated, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalancing of bids. Offerors are cautioned to include costs in the appropriate bid items, and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc. to the appropriate bid items.

3.2.1 GENERAL

Submit the Pro Forma information in a separate envelope labeled: “Volume 2 - Pro Forma Requirements.”

3.2.2 TAB A - PRICE (STANDARD FORM 1442, PROPOSAL DATA SHEET AND CONTRACT

LINE ITEM SCHEDULE)

3.2.2.1. Submission Requirements:

3.2.2.2. Submit the properly filled out and executed SF 1442, along with the CLIN Schedule, containing proposed line item and total pricing, as well as the proposed contract duration. See instructions in Section 00 100, “Instructions to Offerors”. Submit the Proposal Data Sheet, Attachment 10.

3.2.2.3. Supplemental Cost Breakdown. If deemed necessary to evaluate the price proposals, the Government’s will request a cost breakdown of the Contract Line items in a sealed envelope marked “Cost Breakdown Information”, in Excel format. The Government will provide details on where and how to send the breakdown. This information will not be needed sooner than three working days after the proposal submission due date. This information may be required for the initial proposal and, if requested, for any revised proposals. This information is not an opportunity for an Offeror to revise its non-price or price proposal.

3.2.2.4. Evaluation Criteria:

3.2.2.5. Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract.

3.2.2.6. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

3.3.1 TAB B - BID BOND

3.3.3.1. Submission Requirements:

3.3.3.2. Submit the Bid Bond in accordance with the Instructions in Section 00 100, “Instructions to Offerors”.

3.3.3.3. Evaluation requirements:

This item is not rated. The Government will review the Bid Bond for legal sufficiency. The Bond must be legally sufficient.

3.3.2 TAB C - SELF-PERFORMED WORK

3.3.4.1. Submission Requirements:

3.3.4.2. The Offeror shall confirm that it understands and that it shall perform the amount of work required to be self-performed, in accordance with the appropriate clause in the Specifications that applies to the contract performance.

3.3.4.3. Evaluation Requirements:

This item is not rated. In order to assure adequate interest in and supervision of all work, the Contractor shall be required to perform a significant part of the contract with its own forces. This public policy is expressed in various Statutes, as well as in the Federal Acquisition Regulations and in the Small Business Administration Code of Federal Regulations. The Offeror must confirm that it understands the amount of work performed, based on the status of the Offeror, and that it will self perform the required amount of work with its own forces. For purposes of these clauses, work that is performed off-site, such as factory fabrication or factory assembly of modules, or direct design work, may also be taken into account as self-performed work.

3.3.3 TAB D - REQUIRED PRE-AWARD INFORMATION

3.3.5.1. Submission Requirements:

Submit this information for the Contracting Officer’s determination of Offeror responsibility, which includes, but is not limited to the following:

(1) Required Reps and Certifications.

(2) A list of present commitments, including the dollar value thereof, and name of the organization under which the work is being performed. Include names and telephone numbers of personnel within each organization who are familiar with the prospective contractor’s performance.

(3) A certified statement listing; (1) each contract awarded within the preceding three month period exceeding $5,000,000.00 in value with a brief description of the contract; and (2) each contract awarded within the preceding three year period not already physically completed and exceeding $10,000,000.00 in value with a brief description of the contract.

(4) If the prospective contractor is a joint venture, each joint venture member will be required to submit the above defined certification.

3.3.5.2. One copy of the following information shall be provided:

(1) Proof of Financial Ability (Most recent financial statement covering assets and liabilities)

(2) Number of years the firm has been in business

(3) Name, address and telephone number of firm’s bonding company

(4) Information showing Offeror’s bondability for this project. Include the bond rate.

(5) Name, address and telephone numbers of two credit/trade references.

3.3.4 Evaluation Criteria:

In addition to the other proposal information, the Contracting Officer shall use this information in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR Part 9.

Section 00120 Proposal Evaluations and Contract Award

4.0 EVALUATION PROCEDURES

4.1. SOURCE SELECTION EVALUATION BOARD (SSEB)

4.1.1. The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal and any subsequent discussions required, as well as information obtained from other sources, e.g. past performance information. The SSEB will not consider any information incorporated by reference.

4.2. EVALUATION

4.2.1. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor, except that performance risk ratings are assigned to past performance (see below).

4.2.2. The Government intends to award without discussions. A “Competitive Range” is a subjective determination of the most highly rated proposals in the event that discussions with Offerors are required or considered to be in the Government’s best interests. In such an event, the Contracting Officer will establish a competitive range of all the most highly rated proposals.

4.2.3. If discussions are held, the Government may engage in a broad give and take with each Offeror in the competitive range, in accordance with FAR 15.306 (d). The Government will provide the Offeror an advance agenda for the discussions. During discussions, the Government may ask the Offeror to further explain its proposal and to answer questions about it.

4.2.4. Upon conclusion of discussions, those Offerors still considered the most highly rated, will be afforded an opportunity to submit their proposal revisions for final evaluation and selection.

4.3. DEFINITIONS

4.3.1. Deficiency

A material failure of a proposal to meet a Government requirement, where correction of this error is not possible without major revisions to the proposal, or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level or when a failure to meet the RFP requirements is a life/safety issue.

4.3.2. Weakness

A flaw in the proposal that increases the risk of unsuccessful contract performance but is easily correctable. Successful contract performance is defined by customer satisfaction.

4.3.3. Significant Weakness

As flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Successful contract performance is defined by customer satisfaction.

4.3.4. Strength

An aspect of a proposal that appreciably decreases the risk of unsuccessful contract performance or that represents a significant benefit to the Government. A strength can only exist in area of the proposal that are not covered by prescriptive RFP requirements.

4.3.5. Uncertainty

Any aspect of the proposal for which the intent of the Offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

4.3.6. Deviation

Proposal implies or specifically offers a deviation below the specified criteria. The Offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

4.4. EVALUATION RATING SYSTEM -

4.4.1. General: The Government will review the proposals and rate the quality of each evaluation factor.

The SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements.

They will not compare proposals at this time. After all proposals are rated, the Government will compare the ratings and relative advantages and disadvantages of proposals against each other.

4.4.2. Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

4.4.3. Rating System: After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign an adjective rating of “Unsatisfactory”, “Marginal”, and “Satisfactory”, each, which reflect the Government's confidence in each Offeror's ability, as demonstrated in its proposal, to perform the requirements stated in the RFP. The color coded ratings shall be assigned, using the following criteria, which incorporate a proposal risk assessment:

(i) Satisfactory (Green): Proposal demonstrates acceptable understanding of the requirements and approach that meets performance or capability standards. The approach may include both strengths and weaknesses of substance, where strengths are not outweighed by weaknesses. Collectively, strengths and weaknesses are likely to result in acceptable performance. Has no deficiencies and is an acceptable solution. The risk of unsuccessful performance is low to moderate, as the proposal solutions are generally feasible and practical.

(ii) Marginal (Yellow): Proposal demonstrates shallow understanding of requirements and approach that only marginally meets performance or capability standards necessary for minimal, but acceptable contract performance. The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The Offeror may satisfactorily complete the proposed tasks, but there is a high risk that it will not be successful. The approach has weaknesses of substance and strengths, which if they exist, are outweighed by the weaknesses. Has no deficiencies. Collectively, the strengths, if any, and weaknesses are not likely to result in satisfactory performance. The risk of unsuccessful performance is high as the proposal may contain solutions which may not be feasible and practical.

(iii) Unsatisfactory (Red): Proposal fails to meet performance or capability standards and contains deficiencies. Requirements can only be met with major changes to the proposal. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical and/or do not meet the solicitation requirements.

4.5. PAST PERFORMANCE RISK RATINGS

4.5.1. Risk ratings shall be done for the Past Performance factor, Factor 2. Past Performance Risk Ratings assess the risks associated with each Offeror's likelihood of success in performing the requirements stated in the RFP based on the Offeror's demonstrated performance on recent contracts.

SSEB members and the SSA may use personal knowledge or information from other sources in its evaluation of an Offeror’s past performance, provided such information is consistent with the established evaluation criteria of the RFP. Offerors that have no relevant performance record will be given a neutral/unknown risk rating for these factors.

(i) Unknown Risk: Little or no relevant performance record identifiable; equates to an unknown risk rating having no positive or negative evaluation significance.

(ii) Low Risk: Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort.

(iii) Moderate Risk: Some doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort

(iv) High Risk: Significant doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort.

5.0 BASIS OF AWARD

5.1. The Government will award a firm fixed price contract to the responsible Offeror whose technically acceptable proposal represents the lowest price. No award will be made to an Offeror receiving :

• An Unsatisfactory (red) rating in any evaluation factors (Factors #1 and #2).

5.2. The basis of award will be the Government’s assessment as to which proposal receives an acceptable rating and is the lowest price. Offerors that do not receive an acceptable rating, will not be selected, regardless of their price (lowest Offeror may not be selected). Overall technical merit will be assessed by a consideration of the color rated evaluation factors. Price will be evaluated for fairness and reasonableness.

5.3. Offerors have been reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of an acceptable proposal without discussions, if deemed to be in the best interests of the Government.

6.0 COMPANY SPECIALIZED EXPERIENCE

CONSTRUCTION OR PRIME CONTRACTOR

Provide the following information to show examples of projects your company constructed within the last five years indicating experience with projects of similar type and scope. Use one form per project. Each project information summary shall be no more than three (3) pages in a font no smaller than 10pt. pitch..

a Your Firm’s Name ___________________________________________________________________ b Name of Project_____________________________________________________________________ c Location of Project___________________________________________________________________ d Owner ____________________________________________________________________________ e General Scope of Construction Project ___________________________________________________ f Your Role (Prime, Joint Venture, or Subcontractor, etc.) and Work Your Company Self-Performed :

g Construction Cost (total cost and cost of your portion)_______________________________________ h Extent and Type of Work You Subcontracted Out __________________________________________ i Dates Construction: Began___________________ Completed______________ j Your Performance Evaluation by Owner, if known __________________________________________ k Were You Terminated or Assessed Liquidated Damages? ___________________________________

(If either is “Yes”, attach an Explanation) l Owner’s Point of Contact for Reference (Name and Company) ________________________________ m Current Telephone Number of Reference POC_____________________________________________

7.0 PAST PERFORMANCE EVALUATION QUESTIONNAIRE

This Form is to be filled to be sent to the Offeror’s customers by the Offeror with instructions to Fax it back upon completion to the contract specialist. Include the filled out front page and cover sheets sent to your customers in

Volume 1.

(1) Contractor/Name & Address (City and State):

(2) Type of Contract: Fixed Price ________ Cost Reimbursement ________

Other (Specify) ________________________________

(3) Title of Project/Contract Number: (4) Description of Work:

(5) Complexity of Work: High ________ Mid _________ Routine __________

(6) Location of Work:______________________________________________

(7) Date of Award: ________________________

(8) Status: Active _________ (Please provide percent complete)

Complete __________ (Please provide completion date)

(9) Name and telephone number of Owner’s Technical Representative:

QUALITY OF PRODUCT/SERVICE:

(10) Please evaluate the contractor's performance in complying with contract requirements, quality achieved and overall technical expertise demonstrated.

Excellent

Good

Satisfactory

Marginal

Unsatisfactory

Remarks:

(11) To what extent were the contractor’s reports and documentation accurate, complete and submitted in a timely manner?

(12) To what extent was the contractor able to solve contract performance problems without extensive guidance from Owner counterparts?

(13) How well did the contractor manage and coordinate subcontractors, suppliers, and the labor force?

CUSTOMER SATISFACTION:

(14) To what extent were the end users satisfied with:

Quality?

Cost?

Schedule?

Exceptionally Satisfied

Highly Satisfied

Satisfied

Somewhat Dissatisfied

Highly Dissatisfied

TIMELINESS OF PERFORMANCE:

(15) To what extent did the contractor meet the required schedules?

Completed Substantially Ahead of Schedule

Completed on Schedule with no Time Delays

Completed on Schedule with Minor Delays Under Extenuating Circumstances

Experienced Significant Delays without Justification

(16) If given the opportunity, would you work with this contractor again?

Yes ___________ No ____________ Not Sure ____________

OTHER REMARKS:

(17) Please use the space below to provide other information related to the contractor's performance. This may include the contractor's selection and management of subcontractors, flexibility in dealing with contract challenges, their overall concern for the Owner’s interest, project awards received, etc.

END OF QUESTIONNAIRE

Return To:

U.S. Army Corps of Engineers, New York District

ATTN: Contracting Division, Renee George

26 Federal Plaza, Room 1843

New York, NY 10278-0090

917-790-8708

212-264-3013 (FAX)

mailto:Renee.George@usace.army.mil

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been deleted:

52.214-5 Submission Of Bids MAR 1997

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2004) -

Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation MAR 2009

The following have been added by full text:

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 212-264-3013.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

(End of provision)

The following have been deleted:

52.214-5000 Apparent Clerical Mistakes MAY 1999

(End of Summary of Changes)