B.08. W912EP220024 Combo_CMP Vegetation Removal San Juan PR(revised)6.docx

COMBINED SYNOPSIS/SOLICITATION FOR

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

General Information

DESCRIPTION: COMBINED SYNOPSIS/SOLICITATION - W912EP22R0024

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Government reserves the right to award without discussions. In accordance with FAR 5.207(c)(16)(i), all responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency.

This solicitation is a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-07 (10 August 2022).

The U.S. Army Corps of Engineers (USACE), Jacksonville District has a requirement for a service contract to provide mechanical vegetation removal and disposal services to approximately 40 acres of the Cano Martin Pena Waterway in San Juan, Puerto Rico within the USACE Jacksonville District.

USACE Jacksonville District anticipates awarding one (1) non-personal services contract to perform the services listed above.

This requirement is a 100% Small Business Set-Aside for HUBZone certified offerors.

The associated NAICS code is: 562910, Remediation Services Small business size standard is: 750 employees

This requirement is for services to provide mechanical vegetation removal and disposal services to approximately 40 acres of the Cano Martin Pena Waterway in San Juan, Puerto Rico within the USACE Jacksonville District. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform terrestrial and aquatic vegetation removal activities above land surface (without removal of stumps and roots), clean-up and removal of surficial vegetation debris, vegetation debris shredding, transport and legally dispose vegetation debris at a final disposal facility, as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services.

ITEM NO

CLIN

SUPPLIES/SERVICES

DESCRIPTION

QUANTITY

UNIT

UNIT PRICE

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /CAGE

0001 POP 30-SEP-2022 TO 29-SEP-2023 N/A SEE SCHEDULE W912EP

0002 POP 30-SEP-2022 TO 29-SEP-2023 N/A SEE SCHEDULE W912EP

0003 POP 30-SEP-2022 TO 29-SEP-2023 N/A SEE SCHEDULE W912EP

Period of Performance: 12 months from the date of award with a six (6) month option to extend the services.

Location of Work: The work work to be performed is at the Cano Martin Pena Waterway in San Juan, Puerto Rico, from Luis Munoz Rivera Bridge to San Jose Lagoon as described in the PWS.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that—

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-- It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or womenowned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number; W912EP22R0024

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms; Insert price and applicable discounts terms in the solcitation only.

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); If registered in SAM, state the valid registration date, and submittal of a hard copy is not required.

(9) Acknowledgment of Solicitation Amendments; A signature and date is required on all amendments.

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

NOTE: All questions and clarification regarding this this combined synopsis/solicitation must be submitted via email; subject line to read: Question/Clarification for W912EP22R0024. The deadline date/time for questions and clarifications is no later than 8 September 2022 @ 1200 P.M hrs Eastern Daylight Savings (EDT). All questions or clarifications shall be compiled into one (1) email. The deadline date will allow the Government adequate time to prepare and issue responses to all offerors prior to the date and time set forth for receipt of proposal.

All questions/clarifications shall be emailed to kenneth.e.butler2@usace.army.mil and cc’d gerald.l.garvey@usace.army.mil.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer 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—

(A) 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 offers; or

(B) 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

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) 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)

ADDENDUM TO FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT

2018)

Supplement paragraph FAR 52.212-1(b) with the following:

INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

1. These instructions prescribe the format of the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of all necessary information.

Offeror’s shall submit an electronic copy of their proposal via electronic mail, but see FAR clause 52.212-1(f)(2)(i) above regarding the timeliness of electronic proposals.

2. Offerors shall submit signed and dated proposals to the Government’s through an electronic commerce at the time set for receipt of proposals specified in this combined synopsis/solicitation. The proposal shall have a title page identifying the offeror, the full address, phone and facsimile numbers, points of contact (POCs) of the offeror, the solicitation number and its contents.

Written Documentation. The proposal shall be prepared in four (4) separate volumes as follows.

• Volume I – Administrative

• Volume II – Technical (Factor 1)

• Volume III – Past Performance (Factor 2)

• Volume IV– Pricing (Factor 3)

PAGE LIMITS:

All volumes shall be submitted in Times New Roman, 12 Font:

Volume I is limited to 10 pages.

Volume II is limited to 10 pages.

Volume III is limited to 10 pages.

Volume IV is limited to 10 pages.

PROPOSAL SUBMISSION INSTRUCTIONS

Submit proposals electronically in four (4) separate Volumes to the recipient(s) listed below. Proposals shall be submitted using Adobe Portable Document Format (PDF) for Volumes I, II, III, and both PDF and Excel for Volume IV.

Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission. The four (4) electronic files shall be named as follows:

W912EP22R0024_COMPANY NAME_VOLUME I

W912EP22R0024_COMPANY NAME_VOLUME II

W912EP22R0024_COMPANY NAME_VOLUME III

W912EP22R0024_COMPANY NAME_VOLUME IV

The recipients will be the Contracting Officer and Contract Specialist.

The Contract Specialist for this project is Mr. Ken Butler, whose e-mail address is kenneth.e.butler2@usace.army.mil.

The Contracting Officer for this project is Mr. Gerald L. Garvey, whose e-mail address is gerald.l.garvey@usace.army.mil.

Proposals shall be responsive to and comply with the terms of this combined synopsis/solicitation in order to be eligible to receive an award. All combined synopsis/solicitation requirements shall be addressed in sufficient written detail for the Government to determine if the offeror understands each aspect of the Government’s requirement.

Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal and time for delivery. If an electronic submission is uploaded minutes before the deadline, but notification is not actually received in the recipients’ email inboxes until after the deadline, the submission will be considered late.

The Government will not be responsible for proposals submitted to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the information provided.

TECHNICAL INQUIRIES AND QUESTIONS

All technical inquiries and questions relating to this combined synopsis/solicitation are to be submitted to the following:

Ken Butler, Contracting Specialist, E-mail: kenneth.e.butler2@usace.army.mil

Gerald L. Garvey, Contracting Officer, E-mail: gerald.l.garvey@usace.army.mil

When submitting questions, please include the solicitation number.

All answers to technical inquiries are reviewed by the Contracting Officer prior to response. Answers to technical inquiries may result in amendments to the solicitation. If an amendment is issued, it will be posted on the Contract Opportunities page on the www.sam.gov website (www.sam.gov ).

VOLUME I – ADMINISTRATIVE

a. Request for Proposals. The offeror shall include a copy of the Combined Synopsis/Solicitation and send via electronic mail (email) to Ken Butler, Contracting Specialist, E-mail: kenneth.e.butler2@usace.army.mil, and copy Gerald L. Garvey, Contracting Officer, E-mail: gerald.l.garvey@usace.army.mil.

b. Acknowledge any amendments to the Combined Synopsis/Solicitation by returning a signed copy of the amendment posting on SAM.gov.

c. The offeror shall submit a completed copy of FAR 52.212-3 (Alternate I), Representations and Certifications – Commercial Items. If the offeror has completed the Online Representations and Certifications Application at http://www.sam.gov/ , the offeror shall indicate such on the FAR clause.

d. Offerors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and the Office of Counsel. The joint venture must be registered in the SAM system as a joint venture in order for an award to be made. For 8(a) Joint Ventures, the offeror shall also submit evidence that it has notified and discusssed the proposed Joint Venture with its SBA Services office.

e. The offeror shall provide, with its proposal, points of contact (POCs) for administration of any resulting contract, should the offeror be selected. These POCs shall be available during normal business hours and other than normal business hours. The POC for other than normal business hours will be contacted only in the event of emergencies. Accordingly, the named individual(s) should possess sufficient corporate authority to effectively deal with emergency situations. The telephone number(s) provided should be functional at all times other than normal business hours. If there are different POCs for different conditions, such as weekdays, weekends, holidays, etc.;

please furnish all and explain as follows:

1. Offeror’s normal business hours/days.

2. POCs during normal business hours.

3. POCs for other than normal business hours.

f. Completed Determination of Responsibility Form, including the firm’s latest Financial Statements and signed reference on letterhead from financial institution(s) supporting banking reference(s). If the offeror is a joint venture, financial statements must be provided from all members of the joint venture to verify that the aggregate total of receipts for all members of the joint venture does not exceed the small business standard. In addition, a copy of the joint venture agreement shall be provided. The Determination of Responsibility Form is not considered for evaluation, but is required as part of the offeror’s proposal. In addition to other proposal information, the Contracting Officer shall use the information provided in the Determination of Responsibility Form in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR Part 9.

VOLUME II – TECHNICAL (Factor 1)

a. Technical: The term “technical,” as used herein, refers to the non-priced requirement listed below.

Technical Experience: The offeror shall provide at least one (1) but no more than three (3) technical experience projects. Collectively, the narrative for these projects must demonstrate corporate experience with Sections 9.3 and 9.4 of the PWS (one project does not have to cover all tasks, as long as all tasks are covered in the collective projects submitted for this requirement).

The technical references must contain the following information:

• Project Contract Number

• Project Title & Location

• Project Description and Key Personnel

• Project Start & Ending Dates

• Prime Contractor Performing Work

• Subcontractor(s) Performing Work (Indicate Discipline)

VOLUME III – PAST PERFORMANCE (Factor 2)

This part of the proposal, Volume III, shall be addressed in sufficient written detail for the Government to review past performance information relevant to the effort required in the Performance Work Statement (PWS).

In their proposal, Offerors shall provide information on up to three (3) previous Government contracts whose effort was relevant to the effort required by this solicitation; the contracts provided shall have been performed within the last five (5) years from the proposal due date. The information shall include contract numbers, point of contact with telephone numbers and other relevant information. The Government may evaluate an Offeror’s past performance on less than the maximum possible number of references. If the Offeror has not had at least three (3) Government contracts within the last five (5) years from the proposal due date , information on relevant subcontracts and/or commercial contracts may be submitted instead (the information must be clear whether the work by the Offeror was done as a prime contractor or a subcontractor). Offerors who describe similar contracts and subcontracts shall provide a detailed explanation demonstrating the similarity of the contracts to the requirements of the RFP.

VOLUME IV– PRICING (Factor 3)

a. Schedule Pricing for Requirements. The offeror shall submit proposed pricing for all contract Line Item Numbers (CLINs). A Firm Fixed Price (FFP) shall be submitted for this effort. The offers shall provide pricing for each CLIN with associated pricing that details the level of effort (LOE) and mix of labor for each PWS Task.

b. The offeror shall state if they have an indirect rate agreement with any Government agency and, if so, provide that agency’s contact information.

c. Other Pricing Data. The offeror shall submit pricing data to support the prices proposed. All hourly rates shall be fully burdened to include overhead, G&A expenses, fringes and all other applicable costs and profit.

Supplement paragraph 52.212-1(c) with the following:

Government’s Minimum Acceptance Period.

The minimum period for acceptance of offers is 30 calendar days after the date specified for receipt of proposals, or date of final proposal revisions (if requested), whichever is later. Offerors providing for less than 30 calendar days for government acceptance after the date specified will be rejected without consideration.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

· Technical (Factor 1)

· Past Performance (Factor 2)

· Price (Factor 3)

Note: Price analysis techniques will be used to evaluate the offeror’s proposal in accordance with FAR 15.404-1(b).

Pricing of the Contract Performance Work Statement (PWS) will be evaluated for realism and the extent to which the level of effort is fair and reasonable in terms of the Government’s requirements. Pricing will be reviewed for minor or clerical errors. If necessary, the offeror will be afforded an opportunity to resolve any such errors. In the event of discrepancy between a unit and the extended amount, the unit price shall be controlling. The is interested in a proposal that meets the requirements with acceptable risk, at a fair and reasonable price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL ITEMS (NOV 2021)

Supplement paragraph 52.212-2(a) with the following:

The Government anticipates the issuance of a Firm Fixed Price (FFP) Lowest-Priced Technically Acceptable (LPTA) contract in accordance with the procedures authorized in FAR Part 13, Simplified Acquisition Procedures, and considering the following factors: (1) Technical; (2) Past Performance; (3) Price.

To be eligible to receive an award, proposals submitted in response to this combined synopsis/solicitation shall consist of the contents required in the factors described below:

FACTOR 1-TECHNICAL CAPABILITY:

a. The offeror’s proposal shall include documentation addressing the qualification requirements in Section 9 of the PWS. Evaluator(s) shall assign a rating which falls within one of the following ranges according to the degree to which the offeror meets the minimum requirements described below:

• Technical Experience: The offeror shall provide at least one (1) but no more than three (3) technical experience projects. Collectively, the narrative for these projects must demonstrate corporate experience with Sections 9.3 and 9.4 of the PWS (one project does not have to cover all tasks, as long as all task are covered in the collective projects submitted for requirement).

The technical references must contain the following information:

• Project Contract Number

• Project Title & Location

• Project Description and Key Personnel

• Project Start & Ending Dates

• Prime Contractor Performing Work

• Subcontractor(s) Performing Work (Indicate Discipline)

Table-1: Technical Acceptable/Unacceptable Ratings

Table 1. Technical Acceptable/Unacceptable Ratings

FACTOR 2-PERFORMANCE: Using information provided in your proposal, the contracting officer will review performance information for only those offerors rated technically acceptable.

(a) Past Performance: The Government may verify past performance information. The Government may contact some or all of the references provided, as appropriate, and may collect information through questionnaires, telephone interviews and existing data sources to include but not limited to Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. This past performance information will be used for the evaluation of past performance. The Government does not assume the duty to search for data to cure the problems it finds in the information provided by the Offeror. The burden of providing thorough and complete past performance information remains with the Offeror.

(b) Past Performance will be rated on an “Acceptable” or “Unacceptable” basis using the ratings in the table below.

Table 2. Past Performance Evaluation Ratings

Table 2. Past Performance Evaluation Ratings

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 favorable or unfavorable on past performance (see FAR 15.305(a) (2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

FACTOR 3-PRICE: Price: A Firm Fixed Price (FFP) shall be submitted for this effort. The offeror will provide pricing for each CLIN with associated pricing that details the level of effort (LOE) and mix of labor for each PWS Task. Each CLIN will be totaled, and the CLIN sub-totals will be included in the total proposal price. The Government will evaluate all aspects of the price proposal for reasonableness. Proposals found to be unreasonable may be rejected on that basis. The Government will only award the required contract if a fair and reasonable price can be obtained.

a. The Government reserves the right to require the offeror to submit additional information as necessary to support a pre-award determination of responsibility.

NOTE: OFFEROR RESPONSIBILITY

To be eligible for award of a contract hereunder, an Offeror must be determined by the Contracting Officer to be a responsible prospective Offeror IAW FAR 9.104-1.

To be determined responsible, an Offeror must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them; please provide Financial Information to include the name of the…