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Solicitation Amendment W912EE18R0012-0001

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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

Reference Solicitation: W912EE18R0012 for Operation, Maintenance, & Repair of Facilities, Equipment & Government Ow ned Property; Locks and Dams on the J. Bennett Johnston Waterw ay in the State of Louisiana. See continuation page for amendment details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 20

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

16C. DATE SIGNED

BY 21-Nov-2018

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 W912EE18R0012

X 9B. DATED (SEE ITEM 11)

09-Nov-2018

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

21-Nov-2018

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE18R0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

Solicitation Amendment W912EE18R0012-0001 makes the following changes and clarifications:

1. The site visit scheduled for Tuesday, 27 November 2018 at 10:00 AM CST is changed to Tuesday, 27 November

2018 at 12:00 PM CST.

2. Offerors may submit Contractor Performance Assessment Reports (CPARS) in lieu of Past Performance

Questionnaires (PPQs).

3. No Government Furnished Equipment will be provided for the mowing and bush hogging services. For mowing and bush-hogging requirements, please refer to Appendix J, Mowing and Bush-Hogging Services.

4. Appendix C, Administrative Services Performance Requirements, section 3.8 requires the contractor to input maintenance data into a Government-furnished computerized facility maintenance program. This program will be implemented during the base year performance period for this requirement. The Government will provide the resultant contractor with training on how to use this program.

5. Exhibits H, I, K, L, and O have been updated to a fillable format and are attached to this FBO amendment posting.

6. FAR Clause 52.222-17, Nondisplacement of Qualified Workers, is changed from a clause included by reference to a clause included by full text.

7. Paragraphs that have been amended are preceeded by *** Revised by Amendment 0001 ***.

8. All other terms and conditions remain the same.

SECTION I - CONTRACT CLAUSES

The following were previously included by reference and are now included by full text:

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service

Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see

29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a

HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans'

Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive

Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.

Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts

Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of

Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the

Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other

Government contract with the same prime Contractor, such sums as an authorized official of the Department of

Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative

Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

mailto:displaced@dol.gov

The following have been modified:

INSTRUCTIONS TO OFFERORS

L.1. Preparation of Proposal. Reference is made to contract clause 52.215-1, Instructions to

Offerors—Competitive Acquisition. The offeror shall submit one (1) original and two (2) copies of their proposal, along with a CD containing the content of the proposal for evaluation.

The Government intends to evaluate offers and award one, firm fixed price service contract with a cost reimbursable line item without discussions; however, the Government reserves the right to conduct discussions if determined by the Contracting Officer to be necessary.

This solicitation is being issued as a 100% Small Business Set Aside. The NAICS code for this procurement is 561210 – Facilities Support Services, with a size standard of $38,500,000.00.

All offerors shall be registered in the System for Award Management (SAM), if you are not registered in (SAM), an award CANNOT be made to your company. You may register electronically at http://www.sam.gov.

Proposals are due 10 December 2018 not later than 5:00 PM CST, to U.S. Army Corps of

Engineers, ATTN: Brent Hester, 4155 East Clay Street, Vicksburg, MS 39183-3435. For information concerning this solicitation, contact Brent Hester at (601) 631-5480

Richard.B.Hester@usace.army.mil

You are responsible for reading all information contained in this solicitation and all attachments/exhibits/appendices and amendments if applicable.

Offerors shall check the FedBizOpps web site often for a new solicitation and/or amendments to this solicitation.

Offerors are responsible for ensuring that their proposals arrive prior to the scheduled closing time.

L.1.1. Introduction. Submittal instructions for each evaluation factor are identified in section M, Evaluation Factors and Submission Requirements for Award.

L.1.2. Offeror's Responsibility. It is the offeror's responsibility to ensure the completeness and accuracy of his or her proposal. Excepting any apparent clerical mistakes found in the bidding schedule, corrections will not be made by the Government. Errors in the proposal will be considered, among other factors, as a reflection of the offeror's technical capability.

L.1.3. Policy on Requests by Prospective Offerors for Assistance in the Preparation of Proposals. It is the policy of the U. S. Army Corps of Engineers to not provide any assistance to prospective offerors in the preparation of their proposal. However, this is not meant to preclude offeror's requests for information or clarification. Information will be provided if it is available and releasable; while clarification will be provided in all cases.

*** REVISED BY AMENDMENT 0001 ***

L.2. SITE VISIT. Offerors are urged and expected to inspect the sites where services are to be performed to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event, shall failure to inspect the site constitute grounds for a claim after contract award. An organized site visit will be held at Lindy C. Boggs Lock and Dam, 251 Vick Road, Vick, Louisiana 71331 on

Tuesday, 27 November 2018 at 12:00 PM CST. The site visit will begin promptly at 12:00 PM

CST. This visit will consist of a tour of typical sites and facilities in the accompaniment of

Government personnel. Due to the similarities in work sites and facilities no Government-accompanied site visits are planned at John H. Overton Lock and Dam, Lock and Dam No. 3, Russell B. Long Lock and Dam, or Joe D. Waggonner, Jr., Lock and Dam. Offerors shall provide their own transportation for the site visit. Please notify Brent Hester, richard.b.hester@usace.army.mil, if you plan to attend the site visit.

Offerors shall not solicit advice or assistance from any Government employee pertaining to proposal preparation, scope, or content during the site visit. Also, any advice or assistance provided by a Government employee pertaining to proposal preparation, scope, or content shall not, in any way, be binding upon the Government. Oral questions pertaining to the scope of work or other contractual matters will not be entertained during the site visits. Any questions concerning this RFP shall be directed to Brent Hester at the following e-mail address: richard.b.hester@usace.army.mil, or phone (601) 631-5480.

L.3 TECHNICAL INQUIRIES AND QUESTIONS.

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder

Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions at least 5 days prior to solicitation due date, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment

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

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W912EE18R0012

The Bidder/Offeror Inquiry Key is: X4872U-AH3W84 prior to solicitation issuance.

Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

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

mailto:richard.b.hester@usace.army.mil https://www.projnet.org/

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and

Answer as they will be used from this point on to access the ProjNet system.

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

Bidders/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. 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.

SECTION M - EVALUATION FACTORS FOR AWARD

The following have been modified:

EVALUATION FACTORS

EVALUATION FACTORS AND SUBMISSION REQUIREMENTS FOR AWARD

LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)

M.1. GOVERNMENT INTENT RELATING TO AWARD. This acquisition will utilize Lowest

Price Technically Acceptable (LPTA) source selection procedures in accordance with FAR

15.101-2, as supplemented. This is a competitive LPTA best value source selection in which all evaluation factors are considered of equal importance. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All offerors determined technically acceptable, with satisfactory past performance, shall be treated equally except for their prices. Failure to meet a requirement may result in an offer being determined technically unacceptable. Offerors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. The Government intends to select ONE contractor for award of this effort. For the purpose of award, the government shall evaluate offers based on the evaluation factors described below:

FACTOR 1 Technical

Subfactor 1: Capability

Subfactor 2: Staffing

Subfactor 3: Equipment

FACTOR 2 Past Performance

FACTOR 3 Price

It is the Government's intent to evaluate offers and award one firm fixed price service contract pursuant to this solicitation without discussions with offerors. The Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

M.2. INSPECTION OF OFFEROR'S EQUIPMENT. If a proposal submitted in response to this solicitation is determined acceptable, the Government may contact the offeror and arrange for the inspection of equipment proposed by the offeror.

M.3. EVALUATION AND SELECTION PROCEDURES. The evaluation of Technical

Acceptability and Past Performance is an assessment of the offeror’s understanding of the specifications, requirements, and technical responsibilities in performance of this work and comparison with the minimum standards. There is no ranking of factors in a LPTA solicitation.

All offerors’ proposals must have an acceptable technical assessment including each subfactor and an acceptable past performance assessment to be considered for award. The omission of requested information may result in an unacceptable rating.

M.3.1 Technical Evaluation:

M.3.1.1 Capability Evaluation:

A. Submittal Requirements:

Each offeror shall provide information in sufficient detail to demonstrate the offeror’s understanding of the specifications, requirements, and technical responsibilities in accordance with the solicitation. At a minimum the following information that shall be provided in order to demonstrate the offeror’s capability:

1. Quality Control Plan (QCP), the QCP shall address all solicitation requirements and fully explain all aspects of the offeror’s quality control system. This plan shall include an organization chart which identifies the quality control role of each employee to be used in the performance of the solicited requirement. Additionally, the plan shall fully explain the procedures and methods for:

a. Inspection, evaluation, documentation, and reporting work quality, quantity, and timeliness.

b. Evaluation of individual employee performance.

c. Proactive identification of decline in performance quality.

d. Establish corrective actions to restore substandard performance.

e. Monitoring health and safety.

f. Timely identification and reporting of malfunctioning equipment or facilities.

g. Assuring employee familiarity with work assignments and applicable standards and regulations.

h. Preparation and submission of required reports.

i. Maintaining the quality control organization.

j. Maintaining security, including key and lock control.

k. Recruitment and training of personnel.

l. Evaluating and documenting customer satisfaction.

m. Providing constructive performance incentives to employees.

2. Overview of Company History which shall include work history of projects for a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. Any prior contracts that show work history for this requirement that will also be listed under past performance can simply be referenced by name with a note explaining the prior contracts are described in the past performance section.

3. Overview of company processes to demonstrate existing or developed expertise for the requirement identified within this solicitation, including safety and training protocols.

B. Evaluation Criteria:

The Government will evaluate Offeror’s submittals using the Technical Evaluation Worksheet, Appendix N, part M.3.1.1.

M.3.1.2 Staffing Evaluation:

A. Submittal Requirements for Staffing:

The offeror must provide resumes for each of the following staff positions:

a. A minimum of one (1) Qualified Project Manager, minimum experience - 5 years of related supervisory experience, and is a certified Lock & Dam Operator with 5 or more years of Lock & Dam operator and/or mechanical experience. The minimum number of

Qualified Project Managers is one (1).

b. A minimum of One (1) Qualified Lock & Dam Onsite Foreman for each of the five locks and dams, minimum experience - 3 years of related supervisory experience, a certified Lock

& Dam operator with 5 years of operator and/or mechanical experience. The minimum number of Qualified Lock & Dam Onsite Foreman is five (5).

c. A minimum of Four (4) qualified Lock & Dam Operators for each of the five (5) locks and dams - Must be a certified Lock and Dam operator. The minimum number of Qualified

Lock & Dam Operators is twenty (20).

d. A minimum of One (1) qualified Lock & Dam Equipment Mechanic for each of the five locks and dams - Must be at the journeyman skill level for the trades involved; and certified lock and dam operator. The minimum number of Qualified Lock & Dam

Equipment Mechanics is five (5).

e. A minimum of One (1) qualified Administrative Staff Member - capable of fully performing a variety of computer applications necessary to produce reports and data printouts. Operate all office equipment, perform a broad range of tasks including, record keeping, purchasing, filing, effective communication, etc. The minimum number of

Qualified Administrative Staff Members is one (1).

Resumes must identify relevant job experience, qualifications, education, and certifications.

Resumes are limited to three (3) pages per position not including documentation necessary to demonstrate compliance with relevant training, licenses, or certifications.

The offeror must provide a completed Annual Staffing Plan, Section J, Exhibit H, for each lock and dam. This form includes columns for each month. It also includes rows for various types of employees that you may plan to use in the performance of the required services. In the event that an employee is to be used for more than a single activity, he or she shall be shown in all appropriate locations on the forms. However, in such instances, care shall be exercised to not duplicate or overlap hours of utilization. It is not the intent of this form to imply that all blanks must be completed for all months. It is expected that you will show staff utilization which varies in both numbers of employees and hours worked as the workload varies. Offerors shall estimate the number of hours to be worked, separately, as regular time and overtime by each staff member and show these hours for each period on the forms. In the event you plan to utilize a subcontractor or subcontractors, please include all subcontractor employees on this form as if they were your employees. However, the affiliation of these employees shall be identified by simple notation on this form; i.e., by an asterisk and corresponding footnote. In planning for the use of subcontractors, offerors shall be cognizant of the contract clause 52.219-14 entitled Limitations on Subcontracting.

The Government will evaluate offeror’s proposed staff as either acceptable or unacceptable based on their resumes containing the minimum information necessary to demonstrate that their experience, qualifications, training, certifications, and education set forth in the submission requirements for each position in accordance with the Technical Evaluation Worksheet, Appendix N, part M 3.1.2.

The Government will evaluate the staffing plan in accordance with the Technical Evaluation

Worksheet, Appendix N, part M 3.1.2.

M.3.1.3 Equipment Evaluation:

A. Submittal Requirements for Equipment:

The following equipment is required:

a. One (1) quality truck which is in good operating condition for each of the five locks and dams. A minimum of five (5) quality trucks in good operating condition are required.

b. Two (2) skiffs with motors which are in good operating condition for each of the five locks and dams. A minimum of ten (10) skiffs with motors which are in good operating condition are required.

c. One (1) quality marine based radio for each of the five locks and dams for effective communication under this requirement. A minimum of five (5) quality marine based radios are required.

d. Two (2) Handheld Marine Band Walkie Talkie for each of the five locks and dams for effective communication under this requirement. A minimum of ten (10) Handheld Marine

Based Walkie Talkies are required.

e. Typical tools required for lock and dam operations and maintenance for each of the five locks and dams as specified in the solicitation, see Exhibit P Partial listing of Typical Tools and Equipment at a lock and dam. Exhibit P is a minimum tooling list for the operations and maintenance of a lock and dam. Offeror shall submit documentation asserting the tooling listed in Exhibit P will be provided for each lock and dam.

The offeror must submit a description of proposed equipment on the Contractor-Furnished

Equipment Form referenced in Section J, Exhibit I. The information provided on the form shall represent all equipment that is proposed to be provided during the maximum possible contract period (potentially 5 years), including that to be provided by subcontractors, if any. Therefore, planned replacements of equipment shall also be shown on these forms.

In addition to the Contractor-Furnished Equipment form, the offeror must also submit a list of proposed tools required for lock & dam operations and maintenance for each of the five locks and dams as specified in the solicitation for this requirement. See Exhibit P Partial Listing of Typical

Tools and Equipment at a Lock and Dam. Exhibit P is not a comprehensive list of all tooling that may be required for the operation and maintenance of a lock and dam.

The Government will evaluate the equipment in accordance with the Technical Evaluation

Worksheet, Appendix N, part M 3.1.3.

M.3.2 Evaluation of Past Performance:

A. Submittal Requirements for Past Performance:

Exhibit K, Summary of Past Experience as a Contractor, is provided for your use in providing a description of up to five contracts performed or awarded within the past five years which are of a similar nature and which are relevant to this requirement in terms of size, scope, and complexity. Major subcontractors are defined as those intended to perform critical contract function, and/or whose annual subcontract revenue is expected to exceed ten percent of the anticipated prime contract revenue. In this context, "Offeror", refers to the prime offeror and all major subcontractors. Data concerning the prime offeror shall be provided first, followed by each proposed subcontractor, in alphabetical order. For contracts with multiple delivery orders, information shall be provided only on each relevant task order for similar task areas. This file shall be organized in the following manner.

Contract Descriptions. This section shall include the following contract information in the following format:

a. Contract/Order Number and Award Date.

b. Contract/Order Type (i.e., indefinite delivery/ indefinite quantity (IDIQ), firm fixed-price (FFP), time and material (T&M), labor-hour (LH), and cost reimbursement).

c. Contract/Order Total Dollar Value. Initial and final or projected final, if contract is ongoing. For projects under IDIQ contracts, include total capacity and give the actual amount of money obligated.

d. Contract/Order Period of Performance. Indicate, by month and year, the start and completion, or "ongoing", dates for the project.

e. Delivery Schedule. Initial and final or projected final, if contract is ongoing.

f. Prime Contractor. Contractor/subcontractor, place of performance, CAGE Code, and

DUNS number. If the work was performed as a subcontractor, also provide the name of the prime contractor and POC within the prime contractor organization (name, address, e-mail and telephone number).

g. Major Subcontractors.

h. List of Quality Awards or Quality Certifications.

i. Procuring Contracting Officer’s name, address, phone number, and e-mail address.

j. Administrative Contracting Officer’s (if different from the above) name, address, phone number, and e-mail address.

k. Government (Customer) Technical POC’s (Contracting Officer’s Representative):

name, address, phone number, and e-mail address.

l. Relate each contract listed with task areas in our requirement. Identify in specific detail for each contract listed why or how you consider that effort relevant or similar to our effort. In determining relevancy, consideration shall be given, but not limited to, such things as service similarity, size and complexity, contract type, contract environment, division of company proposing, and subcontractor interaction.

m. Provide a narrative explanation on each contract listed describing the objective achieved and any cost growth or schedule delays encountered. For any Government contracts that did not /do not meet original requirements with regard to either cost, schedule, or technical performance, a brief explanation of the reason(s) for such shortcomings and any demonstrated corrective actions taken to avoid recurrence.

n. A copy of any cure notices or show cause letters received on each contract listed and a description of any corrective action by the offeror or proposed subcontractor.

o. Organization(s). List the organization for whom the project was performed.

p. Describe the technical and management approach developed and used in the formulation of a solution to the project, including tools and methodology.

q. The offeror shall provide the required information concerning termination actions. The information shall be submitted for ALL contracts it has had terminated, in whole or in part, for default during the past five calendar years and any contracts which are currently in the process of such termination. This information is required for any contract, similar or not to the proposed effort.

r. Offerors shall address in their proposal their past performance in complying with the requirements of contract clause 52.219-8, Utilization of Small Business Concerns. Offerors are directed to FAR 15.305 and advised that where they are without a record of relevant past performance, or where information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance. When identifying contracts for past performance evaluation, offerors are encouraged to provide information on problems encountered on those contracts and corrective actions taken. You are also encouraged to provide information that may aid in evaluation of your successful past performance on these projects (i.e., letters of appreciation, performance evaluations, commendations, etc.).

*** REVISED BY AMENDMENT 0001 ***

s. Past Performance Questionnaire or Contractor Performance Assessment Reporting

System (CPARS). For all contracts identified, a Past Performance Questionnaire

(Section J, Exhibit L) or CPARS must be submitted. If a Past Performance Questionnaire is submitted, the offeror shall complete Part I of the Past Performance Questionnaire and e-mail/mail the questionnaire to at least two points of contact (POC’s) per contract including the Contracting Activity and the Technical Representative responsible for the past/current contract. All POC’s shall be instructed to electronically complete Part II of the questionnaire and e-mail to Brent Hester, Contract Specialist, at richard.b.hester@usace.army.mil. The offerors shall also e-mail a reference list of all the

POC’s who were sent a questionnaire. The Government shall receive this list no later than the closing date of the solicitation. The POC list shall be submitted in Word for

Windows Table Format to include the following fields: solicitation number, offeror company name, contract number, customer who received your services, POC last name and first name, and POC Title. The responsibility to send out and track the completion of the questionnaire rests solely with the offeror and shall not be delegated to any subcontractors, team contractors, or joint venture partners.

t. Offerors shall include in their proposal the written consent of the proposed subcontractors to allow the Government to discuss the subcontractors’ past performance evaluation with the offeror during any discussions. The Government will verify/validate information on both prime and subcontractors that an offeror provides in its proposal. It is the offeror’s responsibility to contact each reference to obtain authorization to release the information identified in the past performance submission and provide authorization to the references to release performance information to the Government.

New corporate entities may submit data on prior relevant and recent contracts (within the last five calendar years) involving its officers and employees. However, in addition to the other requirements in this section, the offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Past performance information on work for state and local governments, private sector clients, and subcontractors that are similar to the Government requirement will be evaluated equally with similar Federal contracts. Offeror may submit information on key personnel, major subcontractors, work performed as part of a team or joint venture, and other previous reincarnation of its current organization.

The completed questionnaires shall be submitted to Brent Hester by e-mail:

richard.b.hester@usace.army.mil.

Offerors are reminded that both independent data and data provided by offerors in their proposals may be used by the Government to evaluate offeror past performance. Since the

Government may not necessarily interview all the sources provided by the offerors, it is incumbent upon the offeror to explain the relevance of the data provided. The Government does not assume the duty to search for data to cure problems it finds in the proposal. The burden of providing thorough and complete Past Performance information remains with the offerors.

Proposals that do not contain the information requested risk rejection or less than acceptable ratings by the Government.

The Government wants to ensure timely contract award. To that end, offerors are encouraged to submit past performance information before the solicitation close date to enable the

Government to begin contacting references. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

B. Evaluation Criteria for Past Performance:

In order to be determined to be acceptable, the offeror must demonstrate that its firm has had acceptable performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The offeror may provide up to five contracts performed or awarded within the past five years

M.3.2.1. The evaluation of past performance is an assessment of the offeror’s past performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The Government will consider the offeror’s previous and current record of contractual performance. In this context, offeror refers to the proposed prime contractor and major subcontractors. Major subcontractors are defined as those intended to perform a critical contract function and/or whose annual subcontract revenue is expected to exceed ten percent of the anticipated prime contract revenue.

M.3.2.1.1. The Government will consider the combined offeror’s and proposed subcontractor’s experience and performance in providing services consistent with the scope and complexity of our requirement during the last five calendar years. The Government will assess the offeror’s team to determine whether the team displays the depth and breadth of experience necessary to demonstrate a satisfactory history of performance relative to the solicitation requirements in the scope of work.

M.3.2.1.2. The Government’s assessment will focus on contracts that meet the following conditions:

M.3.2.1.2.1. Recency: Only contracts that were performed or awarded within the last five calendar years will be considered.

M.3.2.1.2.2. Relevancy: Only contracts which were/are relevant in scope will be considered.

M.3.2.2. The Government will examine the offeror’s record of satisfying customer requirements, including consideration of the offeror’s:

M.3.2.2.1. Technical performance, including technical performance, staffing, subcontractor management, quality control, safety, and commitment to customer satisfaction as evidenced by reasonable and cooperative behavior.

M.3.2.2.2. Cost Controls: Record of containing and forecasting costs on previously performed contracts.

M.3.2.2.3. Schedule: Record of adherence to contractual schedules.

M.3.2.3. Any significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the source selection process. A negative finding under any element may result in an overall unsatisfactory determination. Therefore, offerors are reminded to include all relevant past efforts, including demonstrated corrective actions, in their proposal. Offerors are directed to FAR 15.305 and advised that where they are without a record of relevant past performance, or where information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance.

M.3.2.4. The Government will use data provided in the offeror’s proposal and data obtained from other sources. The offeror is cautioned that while the Government will consider data from other sources, the burden of demonstrating satisfactory past performance rests with the offeror.

In the case of an offeror without a record of recent and/or relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance, providing the offeror supplies a certified statement with their offer that no past performance information is available.

M.3.3. Evaluation of Price:

A. Submittal Requirements for Price:

Proposals shall consist of the following basic components:

a. Fully Completed Standard Form (SF) 33 Solicitation, Offer, and Award

b. Fully Completed Bidding Schedule for the base year and all option years. See solicitation - Section B.

c. Price Breakdown. See Section J, Exhibit O – Summary of Costs

d. Fully Completed Representations and Certifications including 52.204-8, Annual

Representations and Certifications.

e. Completed and signed copy of each amendment issued for this solicitation, if any.

The Bidding Schedule comprises the schedule of pricing. This will be used for bid evaluation purposes and, after award, for billing purposes. It is self-explanatory. The price breakdown shall include Exhibit O, Summary of Costs, contained in Section J of the solicitation. It will be used to substantiate cost contained in the Bidding Schedule; i.e., the two components must fully tie to each other.

The Summary of Costs form is included in the RFP packet for use in submitting a price breakdown. It is the intent of this form to provide an accounting trail for all cost elements leading to the cost contained in the bidding schedule.

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