16R0006.PDF

RFP No. W912DW-16-R-0006

Seattle District

Mud Mountain Dam 9-Foot Tunnel Rearmoring, Enumclaw, WA

Construction Solicitation and Specifications

PHASE 1 OF 2

March 15, 2016

This page was intentionally left blank for duplex printing.

W912DW-16-R-0007

! ! ! C A U T I O N TO O F F E R O R S ! ! !

1. TELEPHONES: There are no public telephones at the Seattle District Corps of Engineers.

2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday.

3. AVAILABILITY OF FUNDS: Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available from which payment for contract purposes can be made.

BEFORE SIGNING AND MAILING THIS OFFER, PLEASE TAKE NOTE OF THE FOLLOWING, AS

FAILURE TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR OFFER TO BE REJECTED

4. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.

5. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your offer.

6. MISTAKE IN OFFER: Have you reviewed your offer price for possible errors in calculation or work left out?

7. OFFER ACCEPTANCE PERIOD: The minimum offer acceptance period is specified in block 13D of SF1442, page 00 11 00 -1, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

8. SYSTEM FOR AWARD MANAGEMENT: Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date. https://www.sam.gov/portal/public/SAM/

9. Far 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (b) The Contractor is asked to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

10. ATTENTION: Due to heightened security, the method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your Offer, Bid or Proposal.

Please allow sufficient time to allow for heightened security at Government installations and to get to Building #1202.

Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the USACE Oxbow Building (#1202) which sits behind the Federal Center South Building. Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building (#1202) and call Bobbie Weitzel, Procurement Technician, at 206-764-6692, Sonia Frees, Procurement Technician, at 206-764-3516, or Bernard Mora, Contracting Specialist 206-764-3203 A Contracting representative will come down and accept your Offer, Bid or Proposal.

A proposal is not received by the Government until it is in the physical possession of a representative of the Contracting office. Security guards and other non-contracting personnel are NOT authorized to accept proposals on behalf of the Government. Note that official receipt of a proposal shall be in accordance with FAR 52.215-1.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your Offer, Bid, or Proposal has arrived on time.

https://www.sam.gov/portal/public/SAM/

W912DW-16-R-0007

TABLE OF CONTENTS – PHASE 1

CAUTION TO OFFERORS

SECTION TITLE

SF1442 - Pages 00 11 00-1 thru 00 11 00 - 4 (00 11 00-3 is reserved for use at a later time);

00 21 00 Instructions, Conditions and Notice to Offerors

00 22 10 Phase 1 Of 2 Phase Design-Build Selection Procedures

00 45 00 Representations and Certifications and other Statements of Offerors

00 72 00 Contract Clauses

00 73 00 Special Clauses

RETURN THE FOLLOWING WITH YOUR PROPOSAL:

SF1442 - Pages 00 11 00-1 thru 00 11 00-4 (00 11 00-3 is reserved for use at a later time);

and Section 004500 Representations and Certifications to include the

Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:

Contractors are required, before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date.

1.Mud Mountain Dam 9-Foot Tunnel Rearmoring, Enumclaw, WA 2.Magnitude of Construction is Betw een $10,000,000 and $25,000,000 3.NAICS code 237990, Size Determination: $36.5 M. Please note that business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM the business w ill be considered other than a small business 4.This is a Full and open procurement. In accordance w ith Federal Acquisition Regulation 19.307, this project requires the HUBZone 10% price evaluation.

5.This aw ard is Subject to the Availability of Funds 6.Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov. Offerors must comply w ith the requirements of 52.204-6, 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users

BERNARD V MORA 206-764-3203

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

15-Mar-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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ 00 73 00

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 __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________14 Apr 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

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:

W912DW-16-R-0006 40

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

W912DW-16-R-0006 00 11 00 - 4

IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE PORTION

OF THE FORM LISTED BELOW MUST BE COMPLETED. IN THE ALTERNATIVE, OTHER

EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE AUTHORITY OF THE PERSON

SIGNING THE CONTRACT. IF A CORPORATION, THE SAME OFFICER SHALL NOT

EXECUTE BOTH THE CONTRACT AND THE CERTIFICATE.

CORPORATE CERTIFICATE

I, ____________________________________, certify that I am the _________________________ Secretary of the Corporation named as Contractor herein; that _________________________________, who signed this contract on behalf of the Contractor was then ___________________________of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

_____________________________ (CORPORATE

(Secretary) SEAL)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements.

Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any) ________________________________________

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and Signatures of all Partners)

NAME SIGNATURE

00 21 00 - 1

W912DW-16-R-0006

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONTRUCTION

COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF SMALL

BUSINESS CONCERNS

1.14 SOLICITATION PROVISIONS

00 21 00 - 2

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK:

The scope of project includes all work required to design and construct a Mud Mountain Dam 9- Foot Tunnel Rearmoring located at Enumclaw, WA.

The work shall be in accordance with Request for Proposal documents.

General Description of Work: Mud Mountain Dam is a flood control dam situated on the White River in Western Washington State. Downstream of Mud Mountain Dam, the White River enters the greater Tacoma metropolitan area which is a densely populated area in Western Washington State requiring protection from potential floods.

Mud Mountain Dam was designed taking into consideration significant silt and rock bed loads.

Two tunnels were constructed: a partially armored 9-foot tunnel to pass water with bed load, and a largely unarmored 23-foot tunnel to pass primarily water. Access to the 9-foot tunnel is primarily through the tunnel outlet, via a steep, gravel road on the downstream face of the dam.

The existing 9-foot tunnel is a 9-foot diameter, 1800-foot horseshoe shaped tunnel. The entire tunnel has a concrete liner. Because of the high bed load passed through the tunnel, 1" thick steel floor armoring was installed over the concrete liner. As a result of damage from abrasion, holes have formed in the current steel armoring the 9-foot tunnel. Additionally, some of the existing floor may need limited repair.

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND

CONSTRUCTION COSTS:

The design and construction costs will be subject to the funds available for this project. The total contract award should not exceed $10,362,000 for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However the Government may not be able make an award, if the dollar amount set for this project is exceeded.

1.3 GOVERNMENT SECURITY REQUIREMENTS:

The Offeror(s) must ensure that ALL mail sent to the Seattle District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to; bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located in Building 1202, at 4735 East Marginal Way South, Seattle, WA 98134 if it does not contain a return mailing address. THERE WILL BE NO EXCEPTIONS.

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS:

00 21 00 - 3

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities website at http://www.fbo.gov.

It shall be the contractor’s responsibility to check the websites for any amendments. The Offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential Offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov via Quick Search (Solicitation No. W912DW-16-R-0006)

Additional information regarding this solicitation and potential Offerors and/or subcontractors is available at http://www.nws.usace.army.mil/BusinessWithUs/Contracting.aspx.

1.5 OFFEROR'S QUESTIONS AND COMMENTS:

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

Contract Specialist:

U.S. Army Corps of Engineers, Seattle District ATTN: Bernard Mora Mailing Address:

P.O. Box 3755 Seattle, WA 98124-3755 Phone: 206-764-3203 Fax: 206-764-6817 Email: bernard.v.mora@usace.army.mil

Contracting Officer:

U.S. Army Corps of Engineers, Seattle District ATTN: Joy Blair Phone: 206-764-6952 Fax: 206-764-6817 Email: joy.blair@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than three (3) calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

http://www.fbo.gov/ http://www.fbo.gov/ http://www.nws.usace.army.mil/BusinessWithUs/Contracting.aspx mailto:bernard.v.mora@usace.army.mil mailto:joy.blair@usace.army.mil

00 21 00 - 4

1.5.1. Bidder Inquiry:

1.5.1.1. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

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

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

1.5.1.1.3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.5.1.1.4. The Solicitation Number is: W912DW-16-R-0006

1.5.1.1.5. The Bidder Inquiry Key is: E68YHJ-U2866B

1.5.1.2. The Bidder Inquiry System will be unavailable for new inquiries three (3) days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

1.5.1.4. 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.

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

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE:

See Section 00 45 00, FAR 52.219-1 for the small business size standard/NAICS Code.

1.7. 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.

1.8 PRE-PROPOSAL CONFERENCE:

The Government intends to hold the pre-proposal conference during Phase 2 at Mud Mountain Dam, Enumclaw, WA.

http://www.projnet.org/projnet

00 21 00 - 5

1.9 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.

1.10 PROPOSAL SUBMITTALS:

Due to heightened security at Government installations, those Offerors who have their proposals hand-delivered shall contact Procurement Technician, Bobbie Weitzel at 206-764-6692 or Sonia Frees at 206-764-3516 prior to delivering to the address shown below. At the time specified below, it will be announced that receipt of proposals is closed.

Note that the official receipt of a bid shall be in accordance with FAR 52.214-7. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See FAR 52.215-1 for rules concerning late proposals.

See Box 13 of the Standard Form 1442 for the time and date your proposal is due.

EMAIL: Emailed Proposal will NOT be accepted.

FAX: Faxed Proposal will NOT be accepted.

FED-EX/UPS: Bernard Mora, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS

4735 East Marginal Way S., Bldg #1202 Seattle, WA 98134-2385 Note: Commercial Carriers will not deliver to PO Boxes

MAIL: Bernard Mora, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS

PO Box 3755 Seattle, WA 98124-3755

HAND

DELIVERY: Bernard Mora, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS

4735 East Marginal Way S., Bldg #1202 Seattle, WA 98134-2385

The method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building lobby to deliver your Offer, Bid or Proposal. Please allow sufficient time to allow for heightened security at Government installations and to get to our new

00 21 00 - 6 location in Building #1202. Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building. From there, you will be directed to the new USACE Oxbow Building (#1202) which sits behind the Federal Center South Building.

Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building and call Bobbie Weitzel, Procurement Technician, at 206-764-6692, or Sonia Frees, Procurement Technician, at 206-674-3516. A Contracting representative will come down and accept your Offer, Bid or Proposal.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your Offer, Bid, or Proposal has arrived on time.

The Packaging that contains the Proposals shall be marked:

“Proposal for Solicitation Number: W912DW-16-R-0006, DO NOT OPEN”

1.11 PROPOSAL FORMAT:

(a) Please refer to Section 00 22 10 for Submission Format requirements.

(b) Number of design technical copies: Submit one original and three (3) copies of drawings and printed matter (Bound Volumes), as well as two (2) CDs. For the required Phase 2 Price proposal and Pro Forma information: submit the original and one copy, and one separate CD.

Note: the Bid Schedule can be handwritten and “excluded” from the CDs, but all other required items in your proposal shall be included in the CDs.

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS:

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

If this is an 8(a) or HubZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

1.13 SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF SMALL

BUSINESS CONCERNS:

(a) Application. This clause applies to all Offerors submitting proposals.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions contained in this solicitation:

00 21 00 - 7

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Sub Contracting Plan (Alternate I-Bids) (Alternate II – Negotiations) (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large Business)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(c) Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

(i) 40% Small business concerns.

(ii) 2.0% Veteran-owned small business concerns.

(iii) 3.0% Service-disabled veteran-owned small business concerns.

(iv) 1.0% HubZone small business concerns.

(v) 3.0% Small disadvantaged business concerns.

(vi) 7.0% Women-owned small business concerns.

1.14. SOLICITATION PROVISIONS:

END OF SECTION 00 21 00

Section 00 21 00 - Instructions, Conditions and Notices to Offeror

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

7.2% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is state of Washington, King county, city of Enumclaw.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3.0 Million, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

Contracting Officer

US Army Corps of Engineers, Seattle District

4735 East Marginal Way South, Bldg. 1202

Seattle, WA 98134-2388

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for--

To Be Determined in Phase Two of the Solicitation Process

(c) Participants will meet at--

To Be Determined in Phase Two of the Solicitation Process

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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SECTION 00 22 10

PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

4.0 TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 TAB B – FACTOR 1 – SPECIALIZED EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 TAB C – FACTOR 2 – PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

6.2 EVALUATION CRITERIA

7.0 TAB D – FACTOR 3 – ORGANIZATION AND TECHNICAL APPROACH

7.1 SUBMISSION REQUIREMENTS

7.2 EVALUATION CRITERIA

8.0 PHASE 1 OVERALL RATING

9.0 PHASE 1 EVALUATION PROCEDURES

9.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

9.2 EVALUATION

9.3 DEFINITIONS

9.4 EVALUATION AND RATING SYSTEM

9.5 PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING SYSTEM

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PHASE 1 – SECTION 00 22 10 ATTACHMENTS:

ATTACHMENT 1 – PROPOSAL DATA SHEETS

ATTACHMENT 2 – COMPANY SPECIALIZED EXPERIENCE

CONSTRUCTION OR PRIME CONTRACTOR

ATTACHMENT 3 – COMPANY SPECIALIZED EXPERIENCE DESIGN FIRM

OR IN-HOUSE DESIGN CAPABILITY

ATTACHMENT 4 – PAST PERFORMANCE QUESTIONNAIRE (FORM PPQ-0)

ATTACHMENT 5 – LETTER OF COMMITMENT FOR KEY PERSONNEL

ATTACHMENT 6 – LETTER OF COMMITMENT FOR DESIGN FIRM

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1.0 OVERVIEW:

The Government is looking for ways to streamline construction, manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule to meet the Army program goals of faster project execution at lower cost, while taking advantage of industry standards, means and methods. In Phase 1 of the 2 phase design-build (D-B) selection procedure, interested firms or joint venture entities (referred to as “Offerors”) submit certain specified performance capability proposals, demonstrating their capability to successfully execute the D-B construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will short-list no more than five (5) of the Phase 1 Offerors to compete for the D-B contract in Phase 2.

2.0 GENERAL INSTRUCTIONS:

2.1. Firms formally organized as D-B entities, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal. 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 52.236- 25, ”Requirements for Registration of Designers”, must be met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

2.2. Submit the Phase 1 proposal in a tabbed, three-ring binder. Note that the Government will not evaluate any material that exceeds the page limits, as indicated in this section. PHASE 1

DOES NOT INVOLVE PRICING SUBMISSION.

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS:

There will be an evaluation of each proposal using Technical Evaluation Factors. The evaluation method is the tradeoff process per FAR Subpart 15.101-1. Phase 1 evaluation factors are Specialized Experience (Factor 1), Past Performance (Factor 2) and Organization and Technical Approach (Factor 3). For Phase 1, the Offeror’s proposal shall contain a response to the technical and past performance evaluation factors, and shall be in the form prescribed herein, as well as Section 00 21 00. (Please see Table 1 below)

TABLE 1 – EVALUATION FACTORS FOR PHASE 1

Location: Factor Number: Description: Relative Importance:

Tab A SF 1442 and Proposal Data Sheet. N/A Tab B Factor 1 Specialized Experience. 1st (Most Important Factor)

Tab C Factor 2 Past Performance. 2nd (Slightly less important than Factor 1).

Tab D Factor 3 Organizational Structure. 3rd (Slightly less important than Factor 2).

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TECHNICAL MERIT RATINGS: The technical rating reflects the degree to which the proposed approach meets, or does not meet the minimum performance or capability requirements through an assessment of the strengths, weaknesses, deficiencies, and risks of a proposal. Proposals will receive ratings in accordance with the adjectival descriptions below. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in Table 2:

TABLE 2 – COMBINED TECHNICAL/RISK RATINGS

Rating: Description:

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 meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable:

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal:

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable: Proposal does not meet requirements and contains one or more deficiencies.

Proposal is un-awardable.

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET:

Submit the SF 1442, completed and signed by a person authorized by the Offeror. Include the completed proposal data sheet (See Attachment 1, provided at the end of this Section) and the completed Section 00 45 00, Representations and Certifications.

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5.0 TAB B – FACTOR 1 - SPECIALIZED EXPERIENCE:

5.1 SUBMISSION REQUIREMENTS:

The prime contractor and the design firm(s) (or prime contractor if design is to be self-performed) shall each demonstrate recent, relevant experience on similar projects, using Company Specialized Experience Construction or Prime Contractor form (Attachment 2), and Company Specialized Experience Design Firm or In-House Design Capability Form (Attachment 3) at the end of the section. Offerors may identify state/local governments and private contracts that are similar to the Government’s requirements. If the Offeror is a joint venture, each firm shall provide project information, demonstrating experience relevant to their respective roles on this project.

Submit projects, stating start and end dates, that are currently “well underway” (meaning, designed and at least 75% construction progress completed) or completed and turned over no longer than ten (10) years preceding the issue 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 the projects were D-B, please identify them. Both the prime contractor and, the design firm(s), and the key subcontractors shall each submit no more than four (4) projects [not to exceed twelve (12) total projects] that include at a minimum the following work:

Welding of Large Steel Sheets and/or Large Diameter Steel Pipe: Large Steel Sheets are defined as a minimum of 9 square feet x 0.5” thick and Large Diameter Steel Pipe are defined as a minimum of 4’ diameter and 0.5” thick.

In addition, the offeror will be more favorably rated if they can demonstrate relevant experience related to design, construction and maintenance of any of the following:

Welding work in hard to access, damp spaces Tunnel maintenance and/or tunnel liners Work at locks and/or dams

For information only, examples of a construction project include but not limited to: coffer dam construction, dam construction, dike and other flood control structure construction, drainage project construction, earth-filled dam construction, hydroelectric construction (electricity generating plant or power plant), flood control project construction, floodway canal and ditch construction, horizontal drilling (e.g. underground cable, pipeline, sewer installation), levee construction, light rail system construction, lock and waterway construction, marine construction, nuclear waste disposal construction, pipe-jacking construction, railroad construction, sediment control system construction, spillway/floodwater construction, streetcar line construction, subway construction, and/or tunnel construction.

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For information only, examples of a hard to access spaces include but not limited to: Deep basements, Tunnels, Mine shafts, Fallout shelters, Underground bunkers, Deep foundations, Caves, Remote site, Steep Grades for access, Limited or distant site laydown area, and/or Small work area.

For information only, examples of damp spaces include but not limited to: running/flowing water near or thru the work area that had to be diverted/monitored/accommodated pooled water in/near the work area that had to be diverted/monitored/accommodated.

5.1.1 The Offeror shall provide a supplemental narrative, not to exceed two pages, explaining how the specific projects above is applicable to this project and how the Government will benefit. To include the following:

(1) Structural Design - The offeror’s designer shall describe its experience in steel tunnel liners, large diameter steel pipes, or large steel plate design.

(2) Hydraulic Design - The offeror’s designer shall describe its experience in hydraulic design, modeling and/or analysis of tunnels or large diameter pipes with the passage of fluid or sediment with similar flow rates.

(3) Work in hard to access damp spaces - The offeror shall describe its steel welding experience in construction within tunnels or work sites with limited or difficult access and damp conditions.

5.2 EVALUATION CRITERIA:

5.2.1 The Government will evaluate the extent of recent, related experience of the prime contractor and design firms in design, construction or D-B, 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. 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.

5.2.2 The Offeror must submit the requested information to demonstrate a record related experience in both design and construction, for the facility types (which may include similar state or local government or private counterparts) included in this contract, as described in Section 00 22 10. Experience includes D-B or construction projects well underway (designed and at least 75% construction progress completed) or those completed and turned over no longer than ten (10) years preceding the issue date of this Solicitation.. Joint Venture partners should each 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.

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5.2.3 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.

5.2.4 To receive credit for extent (amount) of experience, the Offeror and its proposed design firm(s) shall document relevant or applicable history with completed, project design and building experience. A firm will not receive credit under this factor for the relevant experience of primary personnel proposed for this project.

5.2.5 The Government will consider extent of 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:

(1) Number, size, type work, complexity, location.

(2) Dates (well under way or completed no more than ten (10) years preceding the issue date of this Solicitation).

(3) Firm's role and extent of work self-performed (brokering out all work and simply “pouring the sidewalks” on a cited project are examples of less relevant experience).

5.2.6 Previous D-B experience is not necessary for an acceptable rating. The Government may consider previous D-B experience as 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 will be given.

6.0 TAB C – FACTOR 2 - PAST PERFORMANCE:

6.1 SUBMISSION REQUIREMENTS:

6.1.1 In accordance with FAR 42.1503, past performance will be evaluated using the Past Performance Information Retrieval System (PPIRS). If no relevant past performance history is available for your DUNS number, you may choose to utilize the attached Customer Satisfaction Survey/ Past Performance Questionnaire (PPQ) (Attachment 4) which will be used for evaluation. The Government will only evaluate up to ten (10) Customer Satisfaction Surveys/ Past Performance Questionnaires (PPQs) combined for the prime contractor and the design firm(s). Government databases will be checked and previous customers and/or evaluators may be contacted as references or verification of performance. All performance ratings shall be considered for ongoing contracts completed or turned over no longer than ten (10) years preceding the issue date of this Solicitation.

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All projects submitted on a Customer Satisfaction Survey/Past Performance Questionnaire (PPQ) must be at least 75% construction progress complete or completed within ten (10) years preceding the date of this Solicitation. The PPQ included in the solicitation is provided for the Offeror, or its team members, to submit to the client for each project the Offeror includes in its proposal for Factor 1. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Customer Satisfaction Surveys/Past Performance Questionnaires (PPQs) shall be submitted with your proposal. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Bernard.v.mora@usace.army.mil, via email prior to the due date of this proposal. Offerors shall not “incorporate by reference” into their proposal the PPQs previously submitted for other RFPs. This does not preclude the Government from utilizing previously submitted PPQ(s) information in the past performance evaluation. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

6.2 EVALUATION CRITERIA:

6.2.1 Past performance assesses the degree of relevance and confidence the Government has in an Offeror’s ability to supply the products and services that meet a user’s needs. This is based on a demonstrated record of performance. There are two aspects to the past performance evaluation:

relevancy and degree of success.

6.2.2 The Government will first assess and rate the relevancy of recent projects accomplished by the Offeror to the scope of this contract. The projects will include those submitted under the Specialized Experience Factor (1) as well as from other sources described above. There are four levels of relevancy as shown in Table 3 below:

Table 3 - Past Performance Relevancy Ratings Rating: Definition:

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

6.2.3 The second aspect of the past performance evaluation is to determine the degree of success of the D-B team's recent (well under way or turned over no longer than ten (10) years preceding the issue date of this solicitation), relevant experience. See explanation of “well underway” and relevancy under paragraph 5.0 - Factor 1 “Specialized Experience”. In conducting a performance confidence assessment, each Offeror shall receive one of the ratings in Table 4, below:

mailto:Bernard.v.mora@usace.army.mil

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Table 4 - Performance Confidence Assessments Rating: Description:

Substantial…