W912EK19R0005.pdf

Solicitation No.: W912EK19R0005

US Army Corps of Engineers Rock Island District

MISSISSIPPI RIVER BASIN

RIVER MILES 513.0 – 517.0

CLINTON COUNTY, IA

BEAVER ISLAND COMPLEX

STAGE I

Construction Solicitation and Specifications

NOVEMBER 2018

SOLICITATION NO.: W912EK19R0005

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 73 05 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 16 CONSTRUCTION PROGRESS SCHEDULES

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04 CONTRACTOR QUALITY CONTROL

01 50 02 TEMPORARY FIELD FACILITIES

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 21 00 SURVEYS

DIVISION 31 - EARTHWORK

31 11 00 CLEARING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19 SEEDING

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 MECHANICAL DREDGING / EXCAVATION

35 31 19 STONE PROTECTION

35 73 13 EMBANKMENT CONSTRUCTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

96514783062993

Mississippi River Basin, River Miles 513.0 - 517.0, Clinton County, IA, Beaver Island Complex Stage 1b

See Section 01 11 00; See Summary of Work

NAICS: 237990

Size Standard: $36,500,000.00 Estimated Range: More than $10,000,000.00 Contract Completion 730 Consecutive Calendar Days 100% Total Small Business Set Aside

All questions shall be submitted through ProjNet - See MVR.02 for additional information.

JACOB J TOFT 309-794-5048

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

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

NEGOTIATED

10-Nov-2018

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________11 Dec 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

W912EK

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

--- --- ---- REF BLOCK 18A)FAX:TEL: 309-794-5613 (INVOICES TEL: FAX:

W912EK19R0005 172

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00100 - Bidding Schedule/Instructions to Bidders

SCHEDULE OF PRICES

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Mobilization and Demobilization 1 JOB XXXXXXXX $

0002 Temporary Field Facilities

0002AA First 13 Months 13 MO $

0002AB Over 13 Months 11 MO $

0003 Clear Closure Structure 1 JOB XXXXXXXX $

0004 Clear Navigation Channel Bankline Protection

1 JOB XXXXXXXX $

0005 Clear Chevron 1 JOB XXXXXXXX $

0006 Clear Albany Island River Stone 1 JOB XXXXXXXX $

0007 Clear Lower Cut North Topographic Diversity Site

1 JOB XXXXXXXX $

0008 Clear Lower Cut South Topographic Diversity Site

1 JOB XXXXXXXX $

0009 Clear Stewart Lake Topographic Diversity Site

1 JOB XXXXXXXX $

0010 Clear Blue Bell West Topographic Diversity Site

1 JOB XXXXXXXX $

0011 Clear Blue Bell East Topographic Diversity Site

1 JOB XXXXXXXX $

0012 Clear Sand Burr Topographic Diversity Site

1 JOB XXXXXXXX $

0013 Closure Structure Riprap

0013AA First 8,500 Ton 8,500 TN $

0013AB Over 8,500 Ton 2,900 TN $

0014 Navigation Channel Bankline Protection Riprap

0014AA First 5,100 Ton 5,100 TN $

0014AB Over 5,100 Ton 1,700 TN $

0015 Chevron Riprap

0015AA First 8,890 Ton 8,890 TN $

0015AB Over 8,890 Ton 3,810 TN $

0016 Albany Island River Stone

0016AA First 360 Ton 360 TN $

0016AB Over 360 Ton 120 TN $

0017 Excavation Lower Cut Dredge Cut

0017AA First 104,000 Cubic Yards 104,000 CY $

0017AB Over 104,000 Cubic Yards 34,500 CY $

0018 Excavation Stewart Lake Dredge cut

0018AA First 17,000 Cubic Yard 17,000 CY $

0018AB Over 17,000 Cubic Yard 6,600 CY $

0019 Excavation Blue Bell Dredge Cut

0019AA First 45,000 Cubic Yard 45,000 CY $

0019AB Over 45,000 Cubic Yard 18,190 CY $

0020 Excavation Blue Bell to Sand Burr Dredge Cut

0020AA First 4,700 Cubic Yard 4,700 CY $

0020AB Over 4,700 Cubic Yard 1,900 CY $

0021 Excavation Sand Burr Dredge Cut

0021AA First 67,000 Cubic Yard 67,000 CY $

0021AB Over 67,000 Cubic Yard 28,290 CY $

0022 Excavation Sand Burr to Hulziger Dredge Cut

0022AA First 4,700 Cubic Yard 4,700 CY $

0022AB Over 4,700 Cubic Yard 1,900 CY $

0023 Embankment Construction Lower Cut North Topographic Diversity Site

1 JOB XXXXXXXX $

Embankment Construction Lower Cut South Topographic Diversity Site

JOB

XXXXXXXX

0025 Embankment Construction Stewart Lake

Topographic Diversity Site

1 JOB XXXXXXXX $

0026 Embankment Construction Blue Bell West Topographic Diversity Site

1 JOB XXXXXXXX $

Embankment Construction Blue Bell East Topographic Diversity Site

Embankment Construction Sand Burr Topographic Diversity Site

0029 Anchored Log Structures 1 JOB XXXXXXXX $

0030 Seeding Lower Cut North Topographic Diversity Site

1 JOB XXXXXXXX $

0031 Seeding Lower Cut South Topographic Diversity Site

1 JOB XXXXXXXX $

0032 Seeding Stewart Lake Topographic Diversity Site

1 JOB XXXXXXXX $

0033 Seeding Blue Bell West Topographic Diversity Site

1 JOB XXXXXXXX $

0034 Seeding Blue Bell East Topographic Diversity Site

1 JOB XXXXXXXX $

0035 Seeding Sand Burr Topographic Diversity Site

1 JOB XXXXXXXX $

TOTAL OF ESTIMATED AMOUNTS (ITEM

NOS. 0001 THROUGH 0035, INCL.)

CY = CUBIC YARD JOB = LUMP SUM MO = MONTH TN = TON

PLEASE ENSURE THAT UNIT PRICE AND AMOUNT LINES FOR ALL ITEMS

HAVE BEEN COMPLETED.

Source Selection

1. Overview This Source Selection Plan (SSP) defines the criteria, organization, and policies to be used in selecting a contractor to provide construction services in support of the U.S. Army Corps of Engineers, Rock Island District, for the Upper Mississippi River Restoration, Beaver Island Complex, Stage IB contract.

Mississippi River Basin, River Miles 513.0-517.0, Clinton County Iowa.

1. A. Background and Objectives The Rock Island District Contracting Office has a requirement from the U.S. Army Corps of Engineers to provide a firm fixed price (FFP) contract for the Upper Mississippi River Restoration, Beaver Island Complex, Stage IB contract. The project is located in the Mississippi River Basin, River Miles 513.0- 517.0, Clinton County, Iowa.

1. B. Acquisition Strategy This acquisition is a 100% Small Business Set-Aside competitive procurement utilizing Lowest Price Technically Acceptable (LPTA) best value continuum source selection procedures in accordance with FAR 15.101-2.

The use of LPTA is appropriate when a requirement is well defined and the risk of unsuccessful contract performance is minimal. The Offeror who is determined to be the lowest price technically acceptable will be providing the Government with the best overall value.

2. Solicitation Provisions

2. A. Basis for Award This acquisition is a 100% Small Business Set-Aside competitive procurement utilizing Lowest Price Technically Acceptable (LPTA) best value continuum source selection procedures in accordance with FAR 15.101-2.

A single award will be made to the Offeror who provides a technically acceptable proposal with the lowest evaluated price.

Proposed prices will be evaluated but not scored or otherwise combined with the other aspects of the proposal evaluation.

2. B. Factors to Be Evaluated In order for an Offeror to be considered for award, the proposal must receive an “Acceptable” rating in every non-price factor.

The Technical Proposal consists of the following: Factor 1:

Technical Approach/Work Plan Factor 2: Construction Experience Factor 3:

Past Performance

2. C. Evaluation Approach All proposals will be evaluated by the Source Selection Team (SST).

Price Proposal Price will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. An award will be made to the lowest priced, technically acceptable proposal. The lowest price will be determined by adding up all listed line items. Offeror’s shall complete and submit the Schedule of Prices with its proposal and include a price for each line item. Failure to submit a price for any of the required line items on the Schedule of Prices will render the Offeror’s proposal as ineligible for award. Offeror’s will be allowed one proposal submission.

The Source Selection Evaluation Board will evaluate each Offeror’s price and verify that unbalanced pricing is not present. The Contracting Officer will evaluate each Offeror’s price in accordance with FAR 15.404-1 to determine price reasonableness. Price reasonableness will be determined by comparing all proposed prices, the Independent Government Estimate, and pricing of previous work that is same or similar to the requirement.

The otherwise technically acceptable lowest priced Offeror may be required to confirm/validate their offered price.

Certified cost and pricing data are not currently required; however, the Government reserves the right to request such data prior to award.

Technical Proposal

The Government will evaluate the Technical Proposal on an Acceptable/Unacceptable basis. This factor identifies the minimum requirements that are imperative to successful contract performance.

Adequacy of Response. The proposal will be evaluated to determine whether the Offeror’s means, methods and approach have satisfied the requirements specified in the solicitation.

Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the extent to which the Offeror is expected to be able to successfully complete the proposed tasks and technical requirements within the required schedule.

The Source Selection Team will evaluate the Offeror’s proposal against the factors listed below to determine whether the technical proposal is Acceptable or Unacceptable. To be considered acceptable, all factors under the technical proposal must receive an acceptable rating.

Technical Proposal Acceptable/Unacceptable Ratings

Rating Description

ACCEPTABLE Proposal meets the minimum requirements of the solicitation.

UNACCEPTABLE Proposal does not meet the minimum requirements of the solicitation.

2. C. 2. a. Factor 1: Technical Approach/Work Plan

The Government will evaluate the Offeror’s proposed Work Plan to determine understanding of and compliance with the Government’s requirements. The Offeror shall submit a Work Plan that describes the overall plan of operations to complete the contract work. The Offeror is encouraged to provide descriptions and illustrations which show the contractor’s, subcontractor’s, and supplier’s qualifications and methodology to accomplish the work, including, but not limited to, descriptions of equipment, special fabrications, and specialized labor. Items of particular concern to the Government in the offeror’s Work Plan are at a minimum all of the outlined requirements in the following specification paragraphs:

• Clearing Plan: Provide a detailed description of work as outlined in Specification Section 31 11 00

CLEARING, paragraph 3.1 Clearing Plan.

• Excavation Plan: Provide a detailed description of work as outlined in Specification Section 35 20 23

MECHANICAL DREDGING/EXCAVATION, paragraph 3.1 Excavation Plan.

• Embankment Construction Plan: Provide a detailed description of work as outlined in

Specification section 35 73 13 EMBANKMENT CONSTRUCTION, paragraph 3.1 Embankment Construction Plan.

The Government will evaluate the Work Plan narrative based on the following:

• Completeness of plan;

• Demonstration of thorough understanding of and ability to comply with the project requirements;

• Reasonableness of contractor sequencing in terms of site constraints and challenges associated with the work; and

• Ability to mitigate construction and scheduling risk associated with project features.

Technical Approach/Work Plan Acceptable/Unacceptable

Ratings

Rating Description

ACCEPTABLE The proposed Work Plan clearly meets the minimum requirements listed for Factor 1. Based on the Work Plan proposed by the Offeror, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

UNACCEPTABLE The proposed Work Plan does not meet the minimum requirements listed for Factor 1. Based on the Work Plan proposed by the Offeror, the Government does not have a reasonable expectation that the Offeror will successfully perform the required effort.

2. C. 2. b. Factor 2: Construction Experience

The Government will evaluate relevant construction experience of the Offeror, and/or committed sub-contractor as described in the following factors.

Relevant experience is what an Offeror, and/or committed sub-contractor(s), has done on projects that are the same or similar in size, scope and complexity as the project in this solicitation.

The Offeror shall submit a minimum of three (3) projects with experience similar to this requirement and have been substantially completed within the last ten (10) years prior to the issue date of this solicitation, utilizing Attachment 1, Construction Experience Information form.

The project information must demonstrate relevancy to the project described in the solicitation and all information submitted must be accurate, current, and complete.

Substantially complete as defined for this solicitation: A project is considered substantially complete when the project is sufficient for the use of which it is intended, as of the closing date of this solicitation.

All project examples shall contain a Point of Contact (POC) as well as one alternate Point of Contact, to include the name, job title of the POC, address, telephone, and e-mail address.

The POC and alternate shall be familiar with the construction performance of the contractor and be a representative of the owner/customer/prime contractor, not affiliated with the contractor.

The POC and alternate shall be able to verify the experience cited.

Construction Experience

Rating Description

ACCEPTABLE Offerors who show experience meeting each element described in Factor 2 in the past ten (10) years will be determined to meet the minimum requirements of the contract and will be found Acceptable.

UNACCEPTABLE Offerors failing to show experience meeting each element described for Factor 2 in the past ten (10) years will be found Unacceptable.

2. C. 2. c. Factor 3: Past Performance The Government will evaluate the Offeror’s record of past and current performance to ascertain the probability of successfully performing the required effort. Past Performance describes how well the Offeror performed on previous projects.

The Government will focus its inquiries on the Offeror’s (and major subcontractor’s) record of performance as it relates to all solicitation requirements, including cost, schedule, performance and management of subcontractors.

For the purpose of this requirement, major subcontractors are defined as members of an Offeror’s overall team who are expected to perform ten (10%) percent or more of the proposed effort.

The Government may use data provided by the Offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State or Local government or commercial contracts for same or similar services as compared to the North American Industry Classification System (NAICS) 237990. Data used in conducting performance risk assessments shall not extend past ten (10) years prior to the issue date of the solicitation, but may include performance data generated during the past ten (10) years without regard to the contract award date.

There are three (3) aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information)

Recency. The first is to evaluate the recency of the Offeror’s past performance. Recency is generally expressed as a time period during which past performance references are considered relevant, and is critical to establishing the relevancy of past performance information.

Relevancy: The recent past performance of the Offeror and its proposed major subcontractors will be evaluated to determine how relevant the scope of the past work was to the effort required. Relevancy is not separately rated;

however, the following criteria will be used to establish what is relevant: Relevant Past Performance shall include similarity of service/support, complexity; dollar value, contract type, and degree of subcontract/teaming.

The third aspect of the past performance evaluation is to establish the overall quality of the Offeror’s past performance (see FAR 15.304(c)(2)).

The proposal must include three (3) but no more than five (5) projects representing the Offeror’s recent, relevant and quality past performance. Recent and relevant past performance shall include similarity of service/support, complexity; dollar value, contract type, and degree of subcontract/teaming and has been completed within the last ten (10) years.

Example projects that the Government did not consider relevant for the purposes of evaluating experience will not be considered relevant for the purposes of evaluating past performance.

All project examples shall contain a Point of Contact (POC) as well as one alternate Point of Contact, to include the name, job title of the POC, address, telephone, and e-mail address. The POC and alternate shall be familiar with the construction performance of the contractor and be a representative of the owner/customer/prime contractor, not affiliated with the contractor. The P O C and alternate shall be able to verify the past performance cited. The Government will focus its inquiries, at a minimum, on the Offeror’s (and major subcontractor’s) record of performance as it relates to all solicitation requirements, including quality of products/services, timely performance, to include schedules and management.

Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Rating Description

ACCEPTABLE Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. (See note below)

UNACCEPTABLE Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)).

Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

3. Proposal Submission

3. A. Introduction The Offeror’s proposal may be submitted in electronic version to the Contract Specialist, Jacob Toft, jacob.j.toft.@usace.army.mil as set forth below. The first page of the Standard Form 1442, or solicitation, provides the receipt date for proposal submittal.

The Offeror’s proposal shall consist of the following two (2) volumes: I – Price Proposal II – Technical Proposal

Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Offeror’s are cautioned that “parroting” of the Technical requirements or the Project Scope of Work with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform.

Offeror’s are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

3. B. Proposal Submission Requirements:

The proposal submission requirements are as follows:

Each volume shall be submitted as a separate PDF file. Each volume shall be clearly labeled with its title. Offeror shall sign the first two pages of SF 1442.

Typing should be single spaced. Each paragraph shall be separated by at least one (1) blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

Table 1 illustrates the volumes of material that shall be submitted:

Table 1: Proposal Submission Requirements

VOLUME TITLE

DIGITAL

COPIES

MAXIMUM

PAGES

I - Price Proposal 1 N/A

Signed SF1442 and Acknowledgement of Amendments

N/A

Schedule of Prices N/A

Representations, Certifications, and other Solicitation, Offer and Award Documents

N/A

Bid Guarantee (Bid Bonds) N/A

II – Technical Proposal 1 50

Technical Approach/Work Plan

A scanned copy of the bid bond shall be submitted with the electronic proposal and the original bid bond shall be received by the contract specialist within three (3) days of solicitation closing to be considered for award.

Note: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

3. C. Proposal Files

Format The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

NOTE: 11x17 pages are acceptable for tables/graphic representations; however, each 1 1 x 1 7 page counts as two (2) pages.

The following additional restrictions apply:

File Packaging. Files shall be in read-only format, using PDF files. If disc are submitted, each disc shall be externally labeled with the volume number, date, and the Offeror’s name.

**Note – Self extracting exe. files are not acceptable.

** If the hard-copy proposal differs from the electronic version, the hard copy will govern.

Content Organization

All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and accurate evaluation of each proposal.

Proprietary information shall be clearly marked. Each volume of the proposal shall consist of a Table of Contents, along with the detailed information provided below:

VOLUME I – Price Proposal: The volume shall consist of all information required to support the offered price.

Certified cost and pricing data are not currently required; however, the Government reserves the right to request such data prior to award. No pricing information shall be contained in any other volume of this proposal. There are no page limits for this volume.

VOLUME II – Technical Proposal: The volume shall consist of all information required to support the technical requirements and shall not exceed fifty (50) pages. No technical information shall be contained in any other volume. The volume shall be organized into the following sections:

Factor 1: Technical Approach/Work Plan Factor 2:

Factor 3: Past Performance

The Offeror shall submit up to five (5) Past Performance Questionnaire (PPQ) Forms which shall identify if the contract is active or complete; if the contract was for the Government (Federal, state, local, etc.) or commercial; and if the Offeror was the prime contractor, a teaming partner, and/or joint venture. As

W912EK19R0005

applicable, Offerors are to include a discussion of efforts to resolve problems encountered as well as efforts to identify and manage project risk. Contracts shall be at least six (6) months old to be considered.

Contracts with expiration dates prior to ten (10) years ago shall not be considered. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Jake Toft at jacob.j.toft@usace.army.mil, prior to proposal to the closing date.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal; inquiries of owner representative(s); Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS); and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

4. Discussions

4. A. General Information In accordance with FAR 15.306(d), discussion sessions with each Offeror may be held. Should discussions take place, all Offeror’s in the competitive range will be allowed a minimum of seven (7) calendar days to submit Final Proposal Revisions. However, award may be made without discussions.

4. B. Discussion Scheduling If discussions are conducted, the Contracting Officer will schedule the discussion sessions, and each Offeror will be notified of the time and place at least three (3) business days prior to their discussion session. Appropriate security clearances should be provided by the Offeror’s in sufficient time to process the requests. The Contracting Officer will provide additional instructions with the notification. The discussion sessions will take place by the method of the Government’s choosing and provided to the contractor in writing.

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT

2010)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding $150,000.

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

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

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of…