Amendment R0005.pdf

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 Amendment R0005 is to issue revisions to 00 10 00 - PROPOSAL SCHEDULE, 00 21 00 – INSTRUCTIONS TO OFFERORS, 00 21 16 – PROPOSAL SUBMISSION, 00 22 16 – EVALUATION CRITERIA, 01 22 00 10 PRICE AND PAYMENT PROCEDURES, and Attachment 4 - 35% DDR. See Continuation Page for additional details.

1. CONTRACT ID CODE PAGE OF PAGES

1 38

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

16C. DATE SIGNED

BY 03-May-2024

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 W912DW24R0004

X 9B. DATED (SEE ITEM 11)

29-Mar-2024

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 is extended, X 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

03-May-2024

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW24R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

R0005

Summary of Changes in Amendment no. 5 (R0005)

Note: Track changes used in the updated documents.

1. 00 10 00 – PROPOSAL SCHEDULE

Changes: removed CLIN item 000211 Emergency Mobilization, renumbered subsequent CLIN entries. Updated EPA table to include additional section to tabulate totals and additional column to differentiate Aggregate (Concrete) & Aggregate (Fill).

2. 00 21 00 – INSTRUCTIONS TO OFFERORS

Corrected Table of Contents for the section. Added instructions regarding Organizational Conflicts of Interest.

3. 00 21 16 – PROPOSAL SUBMISSION

Revised instructions regarding Financial Statements.

4. 00 22 16 – EVALUATION CRITERIA

Revisions to Factor 2: Past Performance.

5. 01 22 00.00 10 - PRICE AND PAYMENT PROCEDURES

Changes: removed CLIN item 000211 Emergency Mobilization, renumbered subsequent CLIN entries. Updated language to remove ‘value engineering’. Removed redundant/ contradictory terms for CLIN completion.

6. ATTACHMENT 4 – 35% DDR – 10. ELECTRICAL

Changes: added 10.23 Future Estimated Electrical Loading with Tower (power study estimates)

SUMMARY OF CHANGES

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been modified:

PROPOSAL SCHEDULE

PROPOSAL SCHEDULE

CLIN Description of Item Firm Fixed Price

BASE ITEMS

*Total Evaluated Price = CLIN 0001 Firm Fixed Price + CLINs 0002 Ceiling Price **CLIN Price = ITC + ITP; ITC will be evaluated for reasonableness

CLIN 0002 Scope of Work Price Breakdown

Item Description Quantity UOM Initial Target Cost

000201 Mobilization and Demobilization 1 JOB $

000202 Site Improvements 1 JOB $

000203 Excavation 1 JOB $

000204 Intake Structure 1 JOB $

000205 Bulkhead 1 JOB $

000206 Multi-port Collector 1 JOB $

000207 Steep Slope Bypass 1 JOB $

000208 Tower 1 JOB $

000209 Tunnel 1 JOB $

000210 Outlet Structure 1 JOB $

000211 Emergency Mobilization and Demobilization 1 EA $

0002112 Operations and Maintenance (O&M) Manuals 1 JOB $ 500,000

0002123 Record Drawings 1 JOB $ 250,000

0002 Initial Target Cost TOTAL $

SCOPE OF WORK PRICE BREAKDOWN NOTES:

1) Initial Target Cost TOTAL for CLIN 0002 (Must equal Initial Target Cost amount for

CLIN 0002).

2) The CLIN 0002 Scope of Work Breakdown items identified in the above tables are for proposal evaluation purposes and shall be used by the Government to determine if the proposed Initial Target Cost is fair and reasonable. The final bid schedule is subject to revisions prior to

0001 Pre-Construction Services (Firm Fixed Price)

OPTIONAL ITEMS Ceiling Price

CLIN

Price **

Initial Target Cost (ITC)

Initial Target Profit

(ITP)

0002 Construct Fish Passage Facility and Supporting Facilities

TOTAL EVALUATED PRICE * $_____________________

establishing the final construction price exercised as an option.

3) Proposal shall include a supporting price breakdown for each Item in the above schedule. Breakdown shall cover all anticipated work involved and a list of assumptions made to develop the Initial Target Cost. Target Profit shall be calculated separately. The breakdown of your proposal shall be in sufficient detail to permit an analysis of all material quantities and pricing by submitted invoices/quotes. Additional breakdown of your proposal in sufficient detail to permit an analysis of all labor, equipment, subcontract, production rates, parametric estimates (if used), job office overhead, overhead costs, to include General and Administrative expenses, and bond may be requested (as other than certified cost and pricing data) after the initial submission to facilitate the determination of fair and reasonable.

4) Refer to Section 01 22 00.00 10 PRICE AND PAYMENT PROCEDURES for descriptions of each CLIN Item.

5) The dollar amount established in Items 000212 000211 and 000213 000212 shall not be revised by offerors.

6) The price proposal must include a completed CLIN 0002 ECONOMIC PRICE

ADJUSTMENT TABLE

a. Labor shall not be adjusted. Only the materials identified for base CLIN 0001 and option CLIN 0002 are subject to Economic Price Adjustment (EPA) in accordance with FAR Clause 52.216-4 Economic Price Adjustment – Labor and Material. Please see the Table below for additional information on the schedule of materials. The EPA Table price per unit of measure shall only account for the actual cost of material and shall not be burdened by other associated costs.

b. This is a not to exceed (NTE) quantity. EPA will be based on actual quantities performed. Contractor is to provide an estimated NTE quantity in the table at the time of bid. When submitted for EPA consideration, the quantity shall be rounded to the nearest unit of measure.

c. The CLIN schedule shall be submitted fully completed and error free. The offeror shall input a two (2) decimal price in the “Unit Price.” All final monetary extensions in two decimal positions only. Example: $0.27, not $0.27458.

CLIN 0002 ECONOMIC PRICE ADJUSTMENT TABLE

UNIT PRICE TABLE; TO BE INCLUDED WITH PRICE PROPOSAL

Misc. Steel Structural Steel

Steel (Rebar) Stainless Steel

Aggregate (Concrete & Fill)

Aggregate (Fill)

Fly Ash Cement

Unit Price

CLIN 000202 Site Improvements

CLIN 000203

Excavation

CLIN 000204

Intake Structure

CLIN 000205

Bulkhead

CLIN 000206

Multi-port Collector

CLIN 000207

Steep Slope Bypass

CLIN 000208

Tower

CLIN 000209

Tunnel

CLIN 000210

Outlet Structure

Total

*Estimated quantities are strictly for the purpose of administrating this clause. This is not for the purpose of variation of estimated quantities, or any other cost/quantity related data as applies to this contract.

However, price adjustments to CLIN 0002 are limited to, at a maximum, the estimated quantities identified here.

END PROPOSAL SCHEDULE

SECTION 00 21 00 - INSTRUCTIONS

INSTRUCTIONS TO OFFERORS

1. GENERAL DESCRIPTION OF WORK

2. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

3. SITE VISIT

4. ACCURACY IN PROPOSALS

5. DEVIATIONS AND EXCEPTIONS

6. PROJECT LABOR AGREEMENT (PLA) REQUIREMENT

7. EXERCISE OF CONSTRUCTION OPTION

8. PRICE

9. ORGANIZATIONAL CONFLICTS OF INTEREST

1. GENERAL DESCRIPTION OF WORK

The Solicitation is utilizing the Best Value Trade-off procurement method as described in FAR Part 15 to award a firm fixed-price contract using the Integrated Design and Construction (IDaC) delivery method for the project titled Howard A. Hanson Dam (HAHD) Additional Water Storage Project (AWSP) Fish Passage Facility (FPF) in southeast King County on the Green River near Ravensdale, Washington.

SUMMARY DESCRIPTION OF PROPOSED PROJECT:

To facilitate the passage of juvenile migratory fish through HAHD into the Green River, this project aims to provide a downstream FPF, which will consist of five primary features: An intake with bulkheads that will act as a cofferdam during construction, a multiport collector, a steep slope bypass, a control tower, a deceleration tunnel, and an outlet structure. As part of the IDaC delivery method, the purpose of preconstruction services is for the successful offeror to participate in a collaborative environment during the design of this facility, with USACE serving as the designer of record. The construction contract option may be bilaterally exercised after design matures appropriately.

2. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and any amendments will be posted electronically on SAM.gov, Contract Opportunities via the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/.

Solicitation Number: W912DW24R0004.

It shall be the offeror’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in the Solicitation.

Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

3. SITE VISIT

The Government intends to hold an organized site visit tentatively set for Thursday, 18 April 2024. All interested offerors are highly encouraged to attend in person.

The Site Visit information can be found at Clause FAR 52.236-27 “Site Visit (Construction)”

4. ACCURACY IN PROPOSALS/BIDS

The Offeror’s proposal 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.

5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions to the terms and conditions of the solicitation in either the technical or price proposal are neither encouraged nor desired. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer will be determined “unacceptable” and, thus, ineligible for award. Should the Offeror have any questions related to specific terms and conditions, these must be resolved prior to submission of the offer.

6. PROJECT LABOR AGREEMENT (PLA) REQUIREMENT

***See FAR Provision 52.222-33 Notice of Requirement for Project Labor Agreement, and FAR Clause 52.222-34 PLA, for definitions and requirements pertaining to the use of a PLA for this contract.

The Offerors shall submit an offer subject to PLA requirements in accordance with FAR 22.504, General requirements for project labor agreements. Any PLA reached pursuant to the PLA requirements in the Solicitation does not change the terms of the contract or provide for any price adjustment by the Government.

7. EXERCISE OF CONSTRUCTION OPTION

Congressional authorization and appropriation. This project is line item appropriated by Congress. If Congress does not authorize and appropriate funds for the project, the construction option will not be awarded or will be delayed until Congress approves the project.

Participation of the contractor during the preconstruction services. If the contractor does not actively participate at an acceptable level during design in all phases as outlined in this solicitation, the government reserves the right to not exercise the construction option and issue the project for competitive bidding.

Excessive team turnover and lack of team commitment to the project will also be a consideration for awarding or not awarding the construction option.

8. PRICE

At the time of the contract award, the Contractor's price for Preconstruction services, the Target Price, and the Ceiling Price for the Construction Option shall form the basis of the contract in accordance with this RFP.

During the Final 80% design submission, the Contractor will be required to provide a proposal for negotiation of the construction option. The construction option, if exercised, will be based on the agreed upon fixed price.

9. ORGANIZATIONAL CONFLICTS OF INTEREST

Per FAR Subpart 9.5 – Organizational and Consultant Conflicts of Interest, firms that participated in the development of the specifications and design documents may have an organizational conflict of interest (OCI). Any firm that participated in the development of the construction solicitation are advised that the existence of an OCI may preclude them from participating in the solicitation or receiving work under the construction contract (either as a prime or a subcontractor).

Additionally, offerors submitting proposals for this solicitation are advised to consider potential OCIs that may result through planned or proposed teaming agreements and/or subcontractor relationships. Offerors who are aware of any potential OCIs must bring the potential OCI to the attention of the Government as soon as possible before the proposal due date. The existence of an OCI on a proposing firm’s team may be grounds for disqualification from receiving contract award.

In notifying the Government of a potential OCI offerors are instructed to submit the following information:

Name, address, and contact information for the person or firm with the potential OCI

Detailed description of the role that the person or firm served in preparing the construction RFP documents.

Detailed description of the role the person or firm will serve in preparing a construction proposal and performing work under the construction contract.

Any steps that have been taken and/or that will be taken to avoid, neutralize, or mitigate the potential OCI.

Any other pertinent information that will help the Contracting Officer make a determination under FAR 9.5 regarding the potential OCI.

Requests for a Government determination regarding any OCIs must be submitted to Adam.Birkland@usace.army.mil and jeannette.k.patton@usace.army.mil.

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

PROPOSAL SUBMISSION

A. PROPOSAL SUBMISSIONS (SECTION 00 21 16)

For clarity, the addressed section shall reference the Solicitation. The identified sections are in accordance with (IAW) the Construction Specifications Institute (CSI) pursuant to the U.S.

Army Corps of Engineers Desk Guide (UDG) 5114.201-1.

Section 00 21 16 of the Solicitation (Request for Proposal (RFP)) contains the proposal submission instructions. Section 00 21 16 includes specific information on what must be furnished with the offer and identifies evaluation criteria that will be used in evaluating proposals received. Section 00 22 16 contains the basis of award and evaluation methods/ratings.

1. INTRODUCTION

1.1. The Solicitation is an unrestricted full and open competitive acquisition using the

Federal Acquisition Regulation (FAR) Part 36, Construction and Architect- Engineer Contracts, and FAR 15.101-1, Tradeoff Source Selection Process (i.e., Best Value Tradeoff). One solicitation will be issued for the acquisition consisting of a Request for Proposal (RFP) pursuant to FAR 15.101-2 best-value tradeoff (BVTO) source selection process to award an Integrated Design and Construction (IDaC) contract.

1.2. Pursuant to Defense Federal Acquisition Regulation Supplement (DFARS)

236.204, the magnitude of construction is over $500 million.

1.3. The primary North American Industry Classification System (NAICS) code for the acquisition is 237990 – Other Heavy and Civil Engineering Construction.

Small Business Size Standard of $45 million.

1.4. Selection will be made based on the responsible Offeror whose proposal conforms to the Solicitation requirements, demonstrating high technical capability and low risk, presenting the most advantageous offer to the Government. The Government reserves the right to accept other than the lowest-priced offer or to reject all proposals.

1.5. The Government shall not reimburse any cost incurred or associated with preparing and submitting any responses to the Solicitation. Oral explanations or instructions to Offerors are not binding. Any information given to an Offeror which impacts the Solicitation and/or offers will be provided in the form of a written amendment to the Solicitation. It is the Offeror’s responsibility to acknowledge all amendments in its proposal submission.

1.6. The Offeror shall not modify the terms and conditions of the Solicitation in their technical proposals or add conditions or qualifications to their offers. If an Offeror include terms and conditions that conflict with the terms and conditions of the Solicitation, the Offeror may be determined ineligible for award. Any questions related to specific terms and conditions contained within the Solicitation should be resolved prior to the submission of an offer.

1.7. All proposals received will be considered complete and final. The evaluation board will not consider any information or data incorporated by reference or referred to other sources outside the respective proposal volumes and factors responses. The successful Offeror will be selected solely based on the stated evaluation factors. Accordingly, proposals submitted in response to the Solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. Elaborate proposals, color brochures, and other excesses are discouraged.

1.8. Proposals that reiterate “Parroting” the contents of the Solicitation, or contain only superficial responses, may be considered unacceptable. Evidence of experience, capability, and qualifications demonstrating and supporting the Offeror’s claims is essential. The absence of such evidence will adversely influence the evaluation of the proposal.

1.9. References to “confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal.

The Offeror including confidential information in its proposal that they do not want to be disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals IAW the instructions at FAR Clause 52.215-1, Instructions to Offerors –Competitive Acquisition, paragraph (e), Restriction on disclosure and use of data.

1.10. Use of the words “shall” or “must” indicate a mandatory requirement for which failure to comply at the time and date for submission of proposals may result in the Offeror’s proposal being disqualified from consideration for the award, or a deficiency or weakness being assessed for the factor. Failure to comply with non-pricing or pricing requirements annotated with the words “should” or “may” can result in an unacceptable rating, affecting the Offeror being selected for the contract award. The Government may elect during discussions with Offerors, to provide a means by which appropriate corrections by the Offeror(s) can be made.

If stated as a number of days, time periods are calendar days unless otherwise specified.

1.11. Project Labor Agreements (PLA) Executive Order 14063, Use of Project Labor

Agreements for Federal Construction Projects, issued 04 February 2022, provides that it shall be the policy of the Federal Government to use PLAs in connection with large-scale construction projects (defined as projects where the total cost to the Federal Government of the project is at least $35 million (using appropriated funds)) to promote economy and efficiency in Federal procurement.

Offerors shall submit an offer subject to Project Labor Agreement (PLA) requirements IAW FAR 22.504, General requirements for project labor agreements. Any PLA reached pursuant to the PLA requirements in the solicitation does not change the terms of the contract or provide for any price adjustment by the Government.

2. E-BUSINESS REGISTRATION REQUIREMENTS

2.1. System for Award Management (SAM). The Offeror shall be registered in SAM at the time an offer is submitted. Failure to have an active and completed registration in SAM [https://sam.gov/] may determine an Offeror ineligible for the award and removed from the competition. A successful Offeror with incomplete or expired registrations at the time of award may not be eligible for a contract. In such instances, the Government will award to the next successful Offeror who is eligible for the award. Information contained within an Offeror’s registration shall be current and valid. The responsibility of maintaining current information contained in an Offeror’s registration rests solely on the Offeror.

2.2. Procurement Integrated Enterprise Environment (PIEE). The Offerors shall submit its proposal through the PIEE Solicitation Module [https://piee.eb.mil/].

Note: Only those with a PIEE vendor registration role as ‘Proposal Manager’ may upload an offer.

Point of Contact for Vendor Registration/Technical System issues Email:

disa.global.servicedesk.mbx.eb-ticket-requests@mail.mil | Phone: 866-618-5988

The Offerors are cautioned to log into PIEE Solicitation Module with sufficient time to ensure the electronic proposal package is completely uploaded and time-stamped in the system by the due date and time specified for receipt of proposals.

2.3. Solicitation Inquiries

All inquiries regarding the Solicitation are to be submitted via ProjNet:

https://www.projnet.org/.

Telephone and e-mail inquiries will not be accepted. ProjNet is a web-based program that allows offerors to post question regarding the Solicitation and view all question by other offerors and responses by the Government.

a. The Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected.

b. The Offerors will receive an acknowledgement of its question(s) via e-mail, followed by an answer to its question(s) after it has been processed. The Offerors may view all inquiries through ProjNet.

c. Inquiries shall be submitted fourteen calendar days prior to the proposal due date. The Offerors will not be able to submit inquires after this date.

To submit and review inquiries, offerors will need to use the inquiry key presented below and follow the instructions listed below the key for access.

The Inquiry Key is: 4M4T85-UNCM3X

Specific Instructions for ProjNet inquiry access:

a. From the ProjNet home page link: https://www.projnet.org/projnet/ click on

Quick Add (upper right side of the screen).

b. Identify the Agency: This should be marked as “USACE.”

c. Key: Enter the Inquiry Key listed above.

d. E-mail: Enter the e-mail address you would like to use for communication.

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

f. Enter your first and last name, company, city, state, phone, e-mail, secret question, secret answer, and time zone. Make sure to remember your secret question and answer, as they will be used from the point you access the ProjNet system.

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

2.4. Submit questions or review questions and answers. An Offeror who submits a question will receive an automated e-mail notification that its question has been received. When an answer is posted to a question, the question and answer are then available for all other offerors to review.

2.5. Pre-Proposal Conference/Site Visit. A formal site visit will be conducted. The

Offerors are encouraged to visit the site prior to submitting a proposal.

2.6. Late Proposals. Any proposals, amendments, or revision received by the Government after the exact time specified for receipt offers is “late” and will not be considered unless it is received before award is made, the KO determines that accepting the late offer would not unduly delay the acquisition, and 1) if it was transmitted through an electronic commerce method authorized by the Solicitation, and it was received at the initial point of entry to the Government infrastructure no later than 4:00 PM (Pacific Standard Time), one calendar day prior to the date specified for receipt of proposals; or 2) there is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or 3) it is the only proposal received. However, a late amendment of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

2.7. Joint Venture. A joint venture (JV) is defined as a legal business entity formed between two or more companies to undertake the performance activities of a contract together. The Offerors proposing as JV shall provide evidence that the JV as a legal entity has been duly formed. The JV shall include a copy of the legal JV agreement signed by an authorized officer from each of the firms comprising the JV, with the Chief Executive of each entity identified. The Government will not evaluate the capability of any firms that are not included in the JV agreement. If submitting a proposal as a JV, the experience of each of the JV partners can be submitted for the JV entity. The experience of either JV partner will be considered the experience of the JV entity. Prospective Offerors that submit proposals may not change their JV firms, if selected for award. If an Offeror is a JV, the JV entity shall have a valid registration representing the JV as one business/firm/entity in SAM. The Government will not accept separate registrations and licenses from each separate entity representing the JV.

2.8. Subcontractor Substitutions. Approval will not be given unless the KO considers the proposed substitute equal or better in all respects to the originally proposed subcontractor and that the substitution is in the Government’s best interests. If the Offeror’s proposal includes the use of subcontractors, the Offeror may only change subcontractors with the KO approval. If the Offeror proposes to change subcontractors after award, the Offeror may not change subcontractors or Letter of Commitment (LOC) without the KO’s approval.

2.9. Unsuccessful Offerors will be notified IAW FAR Subpart 15.5. An unsuccessful offeror may request a pre-award debriefing or a delayed debriefing after award (post-award debriefing) by submitting a written request to the KO within three-calendar days after receipt of the notice excluding an offeror from the competition and award. The Offerors are entitled to no more than one debriefing for each proposal (e.g., pre- or post-award debriefing).

3. PROPOSAL VOLUME INSTRUCTIONS, REQUIREMENTS, CONTENTS, AND

FORMAT

INSTRUCTIONS TO OFFERORS

3.1. Content – General.

An Offeror’s proposal without the minimum content may be determined ineligible for award and removed from the competition. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The Government may reject incomplete proposals after initial evaluation without further consideration.

All information intended to be evaluated as part of the technical proposal shall be submitted within the technical proposal. Do not include references to material or information not found within its respective volumes. Information submitted in the wrong volumes could lead to an Offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

The Government will not evaluate any material that exceeds the page limits specified within each evaluation factor. Elaborately prepared proposals are optional, and any material over what is requested, such as corporate marketing information, will not be considered.

The submission shall be clearly indexed and logically assembled. The Offeror’s proposal must set forth full, accurate, and complete information as required by the Solicitation. Absence of information will be deemed as if no support for that criterion was provided. The Offerors submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and money is expended in preparing information required by the Solicitation.

Penalty for making false statements in its proposal is prescribed in Title 18 United States Code (U.S.C.) Section 1001.

3.2. File Format

The Offeror’s proposal shall be submitted via electronic – Portable Document Format, filename extension “.pdf,” suitable for viewing in Adobe Reader, and text must be searchable.

3.3. Proposal Format

Cover Page: A cover page shall appear at the beginning of each volume and, at a minimum, shall consist of the following information:

a. Solicitation Number

b. The Offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the Offeror contractually.

c. The Offeror’s (if a JV provide each firm’s) Unique Entity Identifier (UEI), Commercial and Government Entity (CAGE) code, and Tax Identification Number (TIN).

Table of Contents: The Offeror shall provide a table of contents, placed in each volume, and shall identify major areas by title, volume location, and page number.

Volumes: The Offeror shall provide three separate proposal volumes: Volume I – General and Contract Documentation, Volume II – Technical Proposal, and Volume III – Cost/Price

Proposal volume organization, number of copies, and page limits. The Offeror shall prepare its proposal as set forth below. The Government will not evaluate any pages that exceed the page limitations identified in the Solicitation.

VOLUM

E

TAB VOLUME TITLE

DIGITAL

COPIES

PAGE LIMIT

(Any pages over the page limit will not be reviewed)

I General and Contract Documentation

1 No limit

II

Technical Proposal

Factor 1: Construction Management Approach

20 pages, excluding the GANT Chart

2 Factor 2: Past Performance 1 15 pages Project

Descriptions, excluding CPARS and PPQs.

3 Factor 3: Pre-Construction Services 1

20 pages Pre- Construction Services Management Plan and

Design Review, excluding team resumes.

4 Factor: Small Business Commitment 1 No Limit

III Factor 5: Cost/Price 1 No Limit

Relative Importance of Evaluation Factors is in descending order Factor 1:

Construction Management Approach, Factor 2: Past Performance, Factor 3: Pre- Construction Services, and Factor 4: Small Business Commitment. The non-priced factors when combined are significantly more important than price.

***Evaluation Criteria for PLA: The PLA will not be an evaluation factor, but it will be evaluated by the Contracting Officer to ensure the PLA addresses the requirements of FAR Provision 52.222-33. The PLA must address the requirements of FAR 52.222-33 or the offer will be unacceptable for an award.

Volume I – General and Contract Documentation

Volume I shall be clearly marked “VOLUME I – SOLICITATION W912DW24R0004 – General and Contract Documentation.”

a. Signed Solicitation, Offer, and Award (Standard Form (SF) 1442) with Blocks

14 thru 20c completed, including acknowledgement of all amendments.

b. Completed Representation and Certification (Section 00 45 00)

c. A statement indicating compliance with all insurance requirements stated herein and that evidence of such will be provided after contract award.

d. Bid Bonds (see reference to FAR Provision 52.228-1)

e. Proof of Bonding Capability. The Offeror must provide a letter or other documentation from a surety appearing on the Department of Treasury Circular 570 (list of approved sureties) stating that the Offeror is able to obtain performance and payment bonds in at least the amount of the offered total evaluated price of the construction services appearing on the proposal schedule. Before the construction option CLIN is converted into an FFP construction CLIN, the contractor shall furnish payment and performance bonds to the KO in the amount equal to 100 percent of the final construction price.

f. A list of present commitments, including the dollar value thereof. Include names and telephone numbers of personnel within the organization who are familiar with company’s performance. For a newly formed JV, each JV partner must submit a list of present commitments.

g. Organizational Conflicts of Interest (OCI) Disclosure. The Offeror shall provide a disclosure statement with its proposal that concisely describes all the relevant facts concerning any past or present OCIs relating to the Solicitation. If applicable, in the same statement, the Offeror shall provide information to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after the award, the KO will decide on whether to terminate the contract. If no conflicts of interest exist, the Offeror shall provide a statement stating no Conflicts of Interest exist.

h. Financial Statement. Submit a copy of your most recent financial statements.

The statements must include a Balance Sheet and Income Statement. Include the names of banks or other financial institutions with which business is conducted (mailing addresses, points of contact and phone number). If the financial statements are more than 60 days old, attach a certificate stating that the financial condition is substantially the same, or if not the same, describe the changes which have taken place since the financial statements were prepared. If submitting a financial statement for a parent company with a different name than the proposing entity, the offer shall include a written statement detailing the relationship between the parent company and the proposing entity and substantiating that the financial statements relate to the financial capacity of the proposing firm.

i. Bank Letters. Provide evidence of adequate financing arrangements, such as commitments from lending institutions, etc., to perform this contract. Include the names of banks or other financial institutions where business is conducted (mailing addresses, points of contact, and phone numbers). Reference letters should include the following information: (1) the date the Offeror’s account was opened with the financial institution, (2) the average balance for the last 12 months on the Offeror’s account (i.e., balance in the xx digits), (3) if there is a credit line established with the financial institution, what is the credit amount and how much is available at this time? If not, would the financial institution be willing to establish a line of credit for the Offeror? And if so, for how much (i.e., low xx figure range), (4) how does the financial institution evaluate the Offeror as a customer (i.e., poor, fair, very good, excellent, etc.), and (5) the financial institution should declare whether the Offeror’s account is in good standings. This information will be treated confidentially but may be checked for verification.

j. Project Labor Agreements. All Offerors are required to submit a complete and signed Project Labor Agreement (PLA) for evaluation by the Contracting Officer. Any PLA submitted with the offer must comply with the requirements of FAR Provision 52.222-33. (A PLA is defined as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f)).

Volume II – Technical Proposal

Volume II shall be clearly marked “VOLUME II – SOLICITATION W912DW24R0004 – Technical Proposal.”

Volume III – Cost/Price

Volume III shall be clearly marked “VOLUME III – SOLICITATION W912DW24R0004 – Cost/Price.”

SECTION 00 22 16 - SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

EVALUATION CRITERIA

SUPPLEMENTARY PROPOSAL SUBMISSIONS (SECTION 00 22 16)

BASIS OF AWARD

1. EVALUATION PROCESS

The Government intends to conduct discussions as part of its evaluation of Offerors’ proposals IAW DFARS 215.306.

1.1. Compliance with Terms and Conditions. The Offerors are cautioned to submit sufficient information in the format specified in the proposal preparation instructions. Failure to comply with the terms and conditions of the Solicitation may result in the Offeror being removed from consideration for award. The proposal will be evaluated to determine whether the Offeror’s proposal adequately and completely considered, defined, and satisfied the requirements as specified in the Solicitation. The proposal will be evaluated to determine whether each requirement has been sufficiently addressed in the proposal IAW the proposal submission section of the Solicitation. The SSEB must not assume that an Offeror’s performance includes the requirements of the Solicitation that are not specified in the Offeror’s proposal.

1.2. Adequacy of Response. The Offeror’s proposal will be evaluated to determine whether the proposal adequately and completely considered, defined, and satisfied the requirements as specified in the Solicitation. The proposal will be evaluated to determine whether each requirement has been sufficiently addressed in the proposal IAW the proposal submission section of the Solicitation. The SSEB must not assume that an Offeror’s performance includes the requirements of the Solicitation that are not specified in the Offeror’s proposal.

1.3. Rejection of Proposals. The Government may reject any proposal that is evaluated and determined to be unacceptable or fails to comply with the Solicitation terms and conditions.

1.4. The Offeror’s proposal shall meet the criteria stated in the Solicitation in order to be eligible for award, to include responsibility, and technical acceptability.

1.5. Discussions. The Government reserves the right to allow proposal revisions during discussions. The SSA will include only those firms determined to be the most highly rated; those whose proposals are reasonably susceptible to being made acceptable; but not those that are so deficient as to essentially require major revisions or a total re-write of their proposal. In certain circumstances, the Government may limit Offers in the competitive range to a number that will permit an efficient competition. The SSEB will follow the evaluation process herein until discussions are closed. Upon the conclusion of discussions, those Offerors still within the competitive range will be afforded an opportunity to revise their proposals and submit a Final Proposal Revision (FPR) for evaluation.

The Offerors are required to submit their responses to comments electronically and detailed instructions on responses will be provided. Electronic submissions shall meet the submission deadline set forth by the Government during discussions or indicated in the Amendment requesting the FPR. The KO will notify all the Offerors in the competitive range, in writing, how and when interim revisions and FPR are to be submitted.

1.6. Selection Process. The Solicitation contains certain mandatory or minimum requirements to be met for evaluation. The Solicitation also contains within the described factors certain documents for submission. Failure to satisfy any mandatory or minimum requirement may result in a determination that an offer is unacceptable. (A final determination that an offer is unacceptable means that an award to the Offeror involved cannot be made.)

All of the submission items to be evaluated pertain to the Prime Offeror, whether a single contractor entity, partnership, or a JV. The Government will consider information provided concerning primary subcontractors (those performing the likelihood that the proposed subcontractor will be available for the Solicitation project), then that submitted information will largely be diminished in the evaluation and selection process. At the same time, an Offeror that intends to have a significant on-site subcontractor participation (20% or more of the total on-site management and construction efforts) should provide information pertaining to those subcontractors IAW the Solicitation, Section 00 21 16.

1.7 Project Labor Agreements (PLA): All Offerors are required to submit a complete and signed Project Labor Agreement (PLA) for evaluation by the Contracting Officer. Any PLA submitted with the offer must comply with the requirements of FAR Provision 52.222-33. (A PLA is defined as a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f)).

2. EVALUATION FACTORS FOR AWARD AND METHODOLOGY

The SSEB composed of the USACE personnel and as necessary, technical advisors will conduct the evaluation. The number and identities of Offerors are not revealed to anyone not involved in the evaluation and award process or to other Offerors. The SSEB will evaluate proposals, using the factors and evaluation criteria described in this section.

The evaluation process consists of three parts: Proposal Compliance Review, Non-Price Factor Evaluation, and Cost/Price Evaluation.

Proposal Compliance Review. This is an initial check by Contracting Division to ensure that all required forms are complete, and in compliance with all administrative and submission criteria.

Non-Price Factor Evaluation. IAW the Solicitation, each member of the SSEB will conduct an independent review of the proposals. The review will be an in-depth, systematic evaluation of the proposal against the submission criteria and evaluation factors. After these reviews, the SSEB, by consensus, will provide a rating for each evaluation factor supported by a justifying narrative. The Offeror’s ratings are confidential and will remain in the KO’s files. Upon completion of the evaluations, the results will be provided to the SSA in the form of a Proposal Analysis Report.

Cost/Price Evaluation. The Government will initially review pricing independently from the factor evaluation. Price is not rated but will be analyzed for fairness and reasonableness through the use of cost and price analysis. The price analysts will also check for appearance of unbalanced pricing. Per FAR 15.404-1(g), unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The Government may reject an offer as nonresponsive if it is materially unbalanced. The price evaluation will document the fairness and reasonableness of the proposed price. If adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the KO determines that further analysis is needed, detailed cost breakdowns may be requested.

PLA Evaluation: The PLA will not be an evaluation factor, but it will be evaluated by the Contracting Officer to ensure the PLA addresses the requirements of FAR Provision 52.222-33. The PLA must address the requirements of FAR 52.222-33 or the offer will be unacceptable for an award.

Factor 1: Construction Management Approach

The Offeror shall describe the construction management approach to executing the project in narrative form, under a construction management and quality control plan and a preliminary construction schedule. The Offeror will provide as much detail as possible in describing a thorough understanding of the requirements.

a. Construction Management and Quality Control Plan:

Describe the proposed management structure for the team during the construction phase, i.e. how the construction process will be managed and the authorities and the delegations of authority within the team. The main elements include (1) Organizational structure, (2) Quality Control approach, (3) Safety approach, (4) Change management approach and (5) Subcontractor Selection. The Offeror shall describe its organizational structure for and approach to the construction of the project, to include assumptions regarding self-performed work. The Offeror will provide an organization chart and narrative of roles for key members of the construction team. Key member should include at a minimum, the Project Manager, Quality Manager, Safety Health Officer, and Site Superintendent. The Offeror shall provide minimum qualifications the company requires for each key position, including education, specialized experience, and certifications. The narrative must state why the Offeror's construction team is uniquely qualified to undertake the project. Identification of specific individuals and/or resumes is not required as part of this submission, however, after award as required by the specifications.

Describe the team’s quality control approach, corporate systems, and capabilities to maintain quality control of the construction. Describe the proposed quality control organization, including the proposed staffing plan. Provide information on how you will handle shop drawings, progress meetings, inspections, deficiencies, closeout, as-built, and completion documentation.

Describe the team’s safety approach, corporate systems, and capabilities to maintain safety requirements during construction. Describe the proposed safety organization, including the proposed staffing plan.

Describe the overall change management approach for the project during the Construction phase.

The Offeror must describe its approach to major subcontractor selection for the project. The Offeror shall include a description that explains what factors are considered for selection of key subcontractors. Describe any retention or incentive programs the Offeror plans to implement for their staff and subcontractors. The Offeror must describe the strategies it intends to employ to address the challenges associated with U.S.- only companies and citizens as it relates to its workforce and subcontractors.

b. Preliminary Construction Schedule:

The Offerors shall be required to submit a detailed GANT chart construction schedule using professional scheduling software with a descriptive narrative that identifies the major phases of work and construction sequencing associated with the Construction Option. The schedule and narrative shall identify anticipated risk, anticipated downtime, critical path elements, predecessors and successors, task duration, and anticipated lead times for materials for full completion of the contract work.

The schedule narrative will explain the schedule logic, include a description of the construction sequencing and work site access including land and in-water work. The narrative should address any schedule constraints such as; in-water work windows, seasonal reservoir elevations, approach to working in multiple areas and shifts on the limited site conditions. The plan shall include procedures for safely securing site protecting work and equipment during high water events. The Offeror shall clearly articulate any assumption made in its plan to sequence and manage key activities and any constraints, such as resourcing, and limited site laydown, that may be levied on the proposed schedule. The Offerors shall provide plans for site layout and construction sequencing as necessary to explain the schedule logic.

The Offeror shall provide a narrative description of how it plans to schedule construction activities to execute a project of this size within the incremental funding profile and within the period of performance.

The Offeror shall use the following assumptions. These assumptions are non-binding and are solely for the purpose of proposal evaluation:

Contract Award (Start of Preconstruction Services) 9/25/2024

Construction Option NTP 9/30/2025 Operational facility substantial completion no later than 9/27/2030 Assume in-water work window (July 1- Sept 30) Assume available workdays are 6 days a week and 20-hours/day Assume Federal Holidays are non-workdays Flood control operations (Approximately mid-October through early to mid-March) Conservation pool storage (Approximately early March through late October)

The Government will evaluate the Offeror’s construction management approach proposal as follows:

a. Construction Management and Quality Control…