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W912EP19R0021
Jacksonville District
Mount Sinai Medical Center, Continuing Authorities Program (Sec 14), Shoreline Protection
Miami-Dade County, Florida
Construction Solicitation and Specifications Volume 1 of 2
31 JULY 2019
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
W912EP19R0021
2. TYPE OF SOLICITATION
SEALED BID (IFB)
X NEGOTIATED(RFP)
3. DATE ISSUED
31-Jul-2019
PAGE OF PAGES
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
7. ISSUED BY CODE W912EP 8. ADDRESS OFFER TO (If Other Than Item 7) CODE
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD See Item 7
JACKSONVILLE FL 32207-8175
TEL: FAX: TEL: FAX:
9. FOR INFORMATION
CALL:
A. NAME
TIMOTHY G HUMPHREY
B. TELEPHONE NO. (Include area code)
904-232-1072
(NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS(Title, identifying no., date):
MOUNT SINAI MEDICAL CENTER, CONTINUING AUTHORITIES PROGRAM (SEC 14), SEAWALL REPLACEMENT MIAMI-DADE COUNTY, FLORIDA
DESCRIPTION OF WORK: REFER TO PARAGRAPH WORK COVERED BY CONTRACT DOCUMENTS IN SECTION 01 11 00 FOR COMPLETE
PROJECT DESCRIPTION
DRAWINGS: SEE DFARS CLAUSE 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, IN SECTION
00700 MAGNITUDE OF CONSTRUCTION IS BETWEEN $5,000,000.00 AND $10,000,000.00.
THIS PROCUREMENT IS A SMALL BUSINESS SET-ASIDE. THE NAICS CODE FOR THIS PROJECT IS 237990 AND THE SMALL BUSINESS SIZE
STANDARD IS $36.5 MILLION
*BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE.
***BLOCK 13A - SEE SECTION 00100A FOR NUMBER OF COPIES.
A SITE VISIT HAS BEEN SCHEDULED. SEE SECTION 00100, FAR CLAUSE 52.236-27 Alt I FOR DETAILS.
YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM), PER FAR CLAUSE: 52.204-7 IN SECTION 00100 IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.
11. The Contractor shall begin performance within 45 calendar days and complete it within 315 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See *SECTION 00700 .)
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
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and *** copies to perform the work required are due at the place specified in Item 8 by 2:00 PM (hour) local time 30 August 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA FAR (48 CFR) 53.236-1(e)
1442-101 NSN 7540-01-155-3212
See Item 14 document and return _______ copies to issuing office.)
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
OFFER (Must be fully completed by offeror)
15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
FACILITY CODE
(Insert any number equal to or greater than
AMENDMENT NO.
DATE
20B. SIGNATURE 20C. OFFER DATE
(To be completed by Government)
41 U.S.C. 253(c)
CODE K3M1F20 27. PAYMENT WILL BE MADE BY CODE 964145
USACE FINANCE CENTER
5722 INTEGRITY DRIVE
ATTN: CEFC-AO-P
MILLINGTON, TN 38054-5005
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)
Contractor agrees
31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
(REV. 4-85) STANDARD FORM 1442 BACK
(Type or print)
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
(Include ZIP Code)
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AWARD
23. ACCOUNTING AND APPROPRIATION DATA
AMOUNTS SEE SCHEDULE OF PRICES
(Type or print)
14. NAME AND ADDRESS OF OFFEROR
CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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.)
18. The offeror agrees to furnish any required performance and payment bonds.
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER
21. ITEMS ACCEPTED:
22. AMOUNT
(4 copies unless otherwise specified)
26. ADMINISTERED BY
MIAMI RESIDENT OFFICE
3000 SW 148TH AVENUE, SUITE 251
MIRAMAR, FLORIDA 33027
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN
30B. SIGNATURE
NSN 7540-01-155-3212 00010-2
to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.
Your offer on this solicitation, is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
28. NEGOTIATED AGREEMENT (Contractor is required to sign this (Contractor is not required to sign this document.)29. AWARD
SECTION 00010A
LINE ITEMS AND PRICING SCHEDULE
MOUNT SINAI MEDICAL CENTER
CONTINUING AUTHORITIES PROGRAM (CAP) SECTION 14, SHORELINE PROTECTION
MIAMI-DADE COUNTY, FLORIDA
LINE ITEM QUANTITY UNIT UNIT PRICE TOTAL
0001 JOB $______________
0002 3,225 LF $____________ $______________
0003 52 EACH $____________ $______________
0004 JOB $______________
0005 3,225 LF $____________ $______________
0006 JOB $____________ $______________
0007 JOB $____________ $______________
0008 JOB $____________ $______________
0009 4,300 SY $____________ $______________
0010 JOB $______________
0011 JOB $______________
0012 JOB $______________
0013 120 HOURS $____________ $______________
0014 1 EACH $____________ $______________
0015 14 MONTH $____________ $______________
TOTAL BID (LINE ITEMS 0001 THROUGH 0015) $______________
DESCRIPTION
MOBILIZATION AND DEMOBILIZATION
STEEL SHEET PILE (ESTIMATED QUANTITY)
WEEP DRAINS
EARTHEN PLUG
STRUCTURAL CAST-IN-PLACE CONCRETE - CAP
(ESTIMATED QUANTITY)
CONCRETE HEADWALLS AND PLUG
OUTFALL
STEEL H-PILES
SOD (ESTIMATED QUANTITY)
CONSTRUCTION/VIBRATION CONTROL AND
MONITORING
TURBIDITY MONITORING
ENDANGERED SPECIES/MANATEE OBSERVERS
STANDBY (SEE NOTE 4)
PARTNERING REGROUP
CO FIELD OFFICE
NOTES:
(1) OFFER MUST PRICE ALL LINE ITEMS. SEE PROVISION AT 52.214-18 (SECTION 00100).
(2) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF 1442, SECTION 00010A, 00100A, AND
SECTION 00101) COULD RENDER YOUR BID NON-RESPONSIVE.
(3) ANY VEGETATION IMPACTED BY CONSTRUCTION ACTIVITIES SHALL BE REPLACED.
(4) STANDBY TIME IS DEFINED AS WHEN THE FLOATING PLANT IS NOT IN OPERATION AT THE DIRECTION OF THE CONTRACTING OFFICER OR ADMINISTRATIVE CONTRACTING OFFICER. STANDBY TIME SHALL BE UTILIZED ONLY DUE TO THE PRESENCE OF ENDANGERED SPECIES IN THE IMMEDIATE AREA OF THE WORK OPERATIONS, DIFFERING SITE CONDITIONS, SECURITY OPERATIONS OR OTHER CONDITIONS AS DETERMINED BY THE CONTRACTING OFFICER.
STANDBY TIME IS NOT AFFORDED FOR DELAYS CAUSED BY ADVERSE WEATHER CONDITIONS.
SEE SECTION 01 22 00 MEASUREMENT AND PAYMENT AND SECTION 01 57 20 ENVIRONMENTAL PROTECTION.
W912EP19R0021 00010A-1
W912EP19R0021 00010A‐2
SECTION 00010A, Attachment A
INSTRUCTIONS FOR 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) No Later Than (NLT) August 16, 2019 (4:00 pm). 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. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are all finalized.
The Solicitation Number is: W912EP19R0021
The Bidder Inquiry Key is: PI63U7‐W5J37N
Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:
1. Identify the Agency. This should be marked as USACE.
2. Email. Enter the email address you would like to use for communication.
3. Key. Enter the Bidder Inquiry Key listed above.
4. 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.
5. 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.
6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:
1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. Identify the Agency. This should be marked as USACE.
3. Email. Enter the email address you used to register previously in ProjNet.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
W912EP19R0021 00100-i
SECTION 00100 - INSTRUCTIONS TO OFFERORS
52.204-7 System for Award Management OCT 2018 52.211-2 Availability of Specifications, Standards, and Data
Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
APR 2014
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.216-1 Type Of Contract APR 1984 52.222-5 Construction Wage Rate Requirements--Secondary
Site of the Work
MAY 2014
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
FEB 1999
52.222-38 Compliance With Veterans' Employment Reporting Requirements
FEB 2016
52.225-10 Alt I Notice of Buy American Requirement-- Construction Materials (Feb 2009) Alternate I
MAY 2014
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.233-2 Service Of Protest SEP 2006 52.236-27 (Alt I) SITE VISIT (CONSTRUCTION) (FEB 1995) MAY 2003
52.236-28 OCT 1997
52.252-5
(ALTERNATE I) (FEB 1995)
Preparation of Proposals--Construction Authorized Deviations In Provisions APR 1984
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense
Information Controls
OCT 2016
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
W912EP19R0021 00100-1
SECTION 00100 - INSTRUCTIONS TO OFFERORS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process;
and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if http://www.sam.gov/
W912EP19R0021 00100-2
applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM
DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND
STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
http://www.sam.gov/ https://www.sam.gov/ https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/
W912EP19R0021 00100-3
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;
or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)
(a) Definitions. As used in this provision--
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm
W912EP19R0021 00100-4
addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, or revision, of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.
one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
W912EP19R0021 00100-5
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals.
Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
W912EP19R0021 00100-6
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint.
The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, W912EP19R0021 00100-7 despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Pice contract resulting from this solicitation.
(End of provision)
W912EP19R0021 00100-8
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE
WORK (MAY 2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
Dade 39.5% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
W912EP19R0021 00100-9
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Miami, Dade County Florida.
(End of provision)
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING
REQUIREMENTS (FEB 2016)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
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52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION
MATERIALS (MAY 2014) ALTERNATE I (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs
(c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
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52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND
CERTIFICATIONS. (AUG 2018)
(a) Definitions. As used in this provision--
Person--
(1) Means--
(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror—
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for mailto:CISADA106@state.gov
W912EP19R0021 00100-12
which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
W912EP19R0021 00100-13
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (ALTERNATE I) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for -- 12 August 2019 @ 10:30 AM Local Time
(c) Participants will meet at -- (Location will be provided by the contract administration office via telephone. See (d) below.)
(d) Participants should call Mr. Leo Bastante at 561-319-4803 or email Leopoldo.A.Bastante@usace.army.mil on or before 8 August 2019 by 3:00 PM EST to make arrangements.
(e) Core borings are available. (If available, follow the instructions in the Physical Data paragraph in Section 00 31 32 to make arrangements to inspect the borings. Failure to follow the instructions may result in a delay ranging in duration from one hour to 4 days.)
(f) After the site visit, a memorandum summarizing the visit will be posted to FBO.GOV under the solicitation number. This posting will be strictly for informational purposes only. The memorandum will not become a part of the solicitation. If the solicitation needs to be changed as a result of information obtained during the site visit, a written amendment will be made available to all registered vendors. Questions regarding any information given in the memorandum must be directed to the person whose name appears in item 9 of the Standard Form 1442.
(End of provision)
52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--
(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
W912EP19R0021 00100-14
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR
CONTRACTORS (FEB 2019)
(a) Definition. As used in this clause--
Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
(b) Training. Contractor personnel who require routine physical access to a Federally-controlled facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training shall be completed--
W912EP19R0021 00100-15
(1) Through a DoD-sponsored and certified computer or web-based distance learning instruction for Level I antiterrorism awareness; or
(2) Under the instruction of a Level I antiterrorism awareness instructor.
(c) Additional information. Information and guidance pertaining to DoD antiterrorism awareness training is available at https://jko.jten.mil/ or as otherwise identified in the performance work statement.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation.
(End of clause)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE
INFORMATION CONTROLS (OCT 2016)
(a) Definitions. As used in this provision--
Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall https://jko.jten.mil/ http://dx.doi.org/10.6028/NIST.SP.800-171
W912EP19R0021 00100-16
submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
(End of provision)
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(a) Definitions. As used in this provision--
(1) Foreign person means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3) United States person is defined in 50 U.S.C. App. 2415(2) and means--
(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);
(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and
(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.
(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it--
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.
W912EP19R0021 00100A-1
Section 00100A – ADDITIONAL PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS
A. BASIS FOR AWARD
Subject to the provisions contained herein, award will be made to one (1) offeror who is deemed responsible in accordance with the FAR; who conforms to the solicitation requirements; provides the lowest evaluated price and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, meets the technically acceptable standard for the non-price factors. Prices will be evaluated to determine fair and reasonableness in accordance with FAR 15.404-1(a).
The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the lowest evaluated price proposal with an acceptable non-priced proposal (Technical and Past Performance). The Government will evaluate the proposals for technically acceptability by evaluating two non-price factors, Demonstrated Corporate Technical Experience and Past Performance. These non-priced factors will be evaluated on an “acceptable” or “unacceptable” basis. The lowest price technically acceptable proposal will then be evaluated to determine fairness and reasonableness in accordance with FAR 15.404-1(a). That offeror will be selected for award.
The Government reserves the right to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
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