B.08 Vol 1 W912EP23R0031.pdf

W912EP23R0031

Jacksonville District

Herbert Hoover Dike Rehabilitation Project, Pump Stations S-4 & S-131 Stilling Well Replacements

Glades County, Florida

Construction Solicitation and Specifications Volume 1 of 2

29 November 2023

Herbert Hoover Dike Rehabilitation Project W912EP23R0031 Pump Stations S–4 & S-131 Stilling Well Replacements

DESIGN AUTHENTICATION

This project was designed by the Jacksonville District, U.S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

WILLIAM C. WALLER, P.E.

CHIEF, CIVIL SECTION

DESIGN BRANCH, ENGINEERING DIVISION

DENNIS J. ZEVENEY, P.E.

CHIEF, GEOSYSTEMS BRANCH

ENGINEERING DIVISION

DAVID F. DUDLEY, P.E.

CHIEF, DESIGN BRANCH

ENGINEERING DIVISION

LAUREEN A. BOROCHANER, P.E.

CHIEF, ENGINEERING DIVISION

WALLER.WILLIAM.CHARLES.JR.1065775286

Digitally signed by

WALLER.WILLIAM.CHARLES.JR.1065775286

DN: CN=WALLER.WILLIAM.CHARLES.JR.1065775286,

OU=USA, OU=PKI, OU=DoD, O=U.S. Government, C=US

Date: 2023.03.08 11:40:38-05'00'

ZEVENEY.DENNIS.J.12493

49085

Digitally signed by

ZEVENEY.DENNIS.J.1249349085

Date: 2023.03.08 12:37:08 -05'00'

BOROCHANER.LAUR

EEN.A.1229042080

Digitally signed by

BOROCHANER.LAUREEN.A.12290

42080 Date: 2023.03.09 15:29:22 -05'00'

ROBAR.DAVID.JAMES.

1243844050

Digitally signed by

ROBAR.DAVID.JAMES.1243844050

Date: 2023.03.14 07:41:14 -04'00'

PROJECT TITLE: HERBERT HOOVER DIKE REHABILITATION PROJECT, PUMP STATIONS S-4 & S-131 STILLING WELL REPLACEMENTS, GLADES COUNTY, FLORIDA

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCIPTION.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $1,000,000 AND $5,000,000.00.

THE NAICS CODE IS 237990 AND SMALL BUSINESS STANDARD SIZE IS $45,000,000.00

A SITE VISIT WILL BE HELD, SEE FAR CLAUSE 52.236-27 IN SECTION 00 100

***BLOCK 11 – SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT

WWW.SAM.GOV

WILLIAM WALLACE

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

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

NEGOTIATED

29-Nov-2023

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________154 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Jan 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CD JACKSONVILLE RESIDENT OFFICE

701 SAN MARCO BLVD

JACKSONVILLE FL 32207

W912EP

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912EP23R0031 1 OF 65

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

HERBERT HOOVER DIKE REHABILITATION PROJECT

PUMP STATIONS S-4 & S-131 STILLING WILL REPLACEMENTS

GLADES COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 PROJECT INITIATION ACTIVITIES JOB $_________________

0002 PUMP STATION S-4 STILLING WELL JOB $_________________

0003 PUMP STATION S-131 STILLING WELL JOB $_________________

0004 PARTNERING REGROUP 1 EACH $_____________ $_________________

TOTAL BID (LINE ITEMS 0001 THROUGH 0004) $_________________

NOTES: (1) PROPOSAL MUST PRICE ALL LINE ITEMS.

00010A-1

BIDDER INQUIRY

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) 30 December 2023, 5:00 P.M. Local Time. 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.

The Solicitation Number is: W912EP23R0031

The Bidder Inquiry Key is: CBEG3J-W5Y7VW

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.

Section 00100 - INSTRUCTIONS TO OFFERORS

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.211-2 Availability of Defense Specifications, Standards, and Data

Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website

SEP 2023

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

OCT 2020

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-11 Alt I (Dev)

Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019) Alternate I

DEC 2022

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods--Buy American Statute--Construction Materials Under Trade Agreements

DEC 2022

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 52.233-2 Service Of Protest SEP 2006 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm fixed price contract resulting from this solicitation.

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

30.4% 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.

(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 Moore Haven, Glades County, Florida.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.236-27 SITE VISIT (CONSTRUCTION) (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 Tuesday, 12 December 2023 at 9:00 AM EST. Participants will meet at Alvin Ward Park in Moore Haven, Florida.

(c) Participants should email Mrs. Maria Torres- Rodriguez at Maria.Torres-Rodriguez@usace.army.mil on or before Monday, 11 December 2023 by 2:00 PM EST to provide details on the site visit, as needed.

(d) A Pre-Proposal Conference Call will be held on Thurday, 14 December 2023 from 10:00am - 11:00am, EST via teleconference. The call-in number is: 1-844-800-2712 and the ACCESS CODE is: 2760 191 1746.

(e) After the site visit, a memorandum summarizing the visit will be posted to Sam.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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/regulations

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 Federal Acqusition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.215-7008 ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C.

3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

Section 00100A - ADDITIONAL PROPOSAL PREPARATION/SUBMISSION INSTRUCTIONS

SOLICITAION PROVISIONS

SECTION II

SOLICITATION PROVISIONS

A. PROPOSAL SUBMISSION

The proposal preparation instructions are contained in Section 00100A of the Request for Proposal (RFP) and are herein incorporated by reference.

B. 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 Lowest Price Technically Acceptable (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). These non-priced factors will be evaluated on an “Acceptable” or “Unacceptable” basis. In order for an Offeror to be considered eligible for award, the proposal must receive an "Acceptable" rating in every non-priced factor. The lowest price technically acceptable proposal will then be evaluated to determine price fairness and reasonableness in accordance with FAR 15.404-1(a). A proposal receiving a rating of “Unacceptable” in any non-priced factor will not be eligible for award. The Source Selection Authority (SSA)/Contracting Officer shall select the Contractor whose proposal offers the lowest evaluated price and for which both non-priced factors are rated as Acceptable in accordance with established criteria in the solicitation.

The Government reserves the right to evaluate proposals and award a contract without discussions (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. Further, if the Contracting Officer determines that discussions are necessary and 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.

C. EVALUATION APPROACH

1. All proposals will be received by the PCO or designee not later than the hour and date given in the RFP. Upon receipt of proposals the PCO or designee should conduct an initial screening to ascertain that each offeror has submitted all of the required information, including electronic media, in the quantities and format specified in the RFP.

2. The Source Selection Evaluation Board (SSEB will evaluate all timely received proposals. The technical evaluation will be conducted in strict confidence. Non-priced proposals will be reviewed and evaluated without knowledge of the corresponding priced proposal. The number and identities of offerors will not be revealed to anyone who is not involved in the evaluation and award process, nor will this information be released to other offerors. Proposals will be evaluated based on the factors described herein, and the basis of award is the LPTA process.

3. Upon receipt of proposals, evaluators will read their applicable section to gain an understanding of the level of the information and determine if errors, omissions, or a need for clarification exists. These will be reported to the respective Factor Chairperson and the SSEB Chairperson. The SSEB Chairperson will notify the SSA of such issues.

3. Upon completion of their evaluations, the SSEB teams will determine whether the offeror’s proposal is acceptable or unacceptable, using the ratings and descriptions below. If after discussion of the findings and ratings a consensus cannot be reached, a minority report will be completed for inclusion in the file.

Each SSEB Factor Chairperson will prepare an overall narrative summary for his/her respective factor and subfactors along with recommended factor and subfactor ratings and forward them to the SSEB Chairperson.

4. The SSEB Chairperson will review the narrative summary and recommended factor ratings and provide an overall summary report (Initial Evaluation Report). This report will be forwarded to the SSA and shall contain the adjectival assessments of Acceptable or Unacceptable for each factor as well as a Cost/Price report and the supporting rationale.

5. Any proposal(s) which the PCO determines, with SSA approval, with a rating of Unacceptable may be considered outside the competitive range and eliminated from further consideration. The PCO will promptly inform the offeror(s) in writing.

6. The PCO may conduct discussions with each offeror retained in the competitive range. After the conclusion of discussions, any new information received from the offerors will be evaluated. This evaluation will be documented in a supplement to the Initial Evaluation Report (Interim Evaluation Report) and will consist of an update, which addresses each factor of the Initial Evaluation Report.

7. The Source Selection Authority (SSA), independently exercising prudent business judgment, will make the source selection decision based on the proposals that meet the requirements of the Government.

The SSA will not receive a recommendation from any individual or entity as to which offeror should receive the award and additionally will not receive a rank order or order of merit list pertaining to the offers being evaluated.

NOTE:

By submitting a proposal in response to this solicitation, offerors agree to comply with all terms and conditions contained in the solicitation. Unless the solicitation specifically invites the offeror to submit exceptions, the Contracting Officer may reject any offer that contains exceptions and or qualifying language. In this solicitation, the words “offer” and “proposal” are used interchangeably (See definition of

“offer” at FAR 2.101.). Except for any portions of the offeror’s proposal incorporated into the resulting contract by reference, the terms and conditions included in the solicitation, including any amendments, shall take precedence over the offeror’s proposal.

To ensure the timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those criteria identified as evaluation factors. Proposals should be prepared simply and economically, and they should be straightforward and concise. The proposal should be practical, legible, clear, and coherent. Offerors are discouraged from providing information not required by the Request for Proposal (RFP). Offerors shall submit all requested information requested in the RFP. Failure to submit requested information or to meet an RFP requirement may result in an offer being ineligible for award.

This RFP does not commit the Government to reimburse any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

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

All amendments to the solicitation will be distributed via the SAM.gov website (www.sam.gov). It is the offeror’s responsibility to acknowledge any and all amendments in its proposal submission.

Offerors should not modify the terms and conditions of the solicitation in either the priced or non-priced proposal or add conditions, exceptions, or qualifications to their offers. Should an Offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offer may be determined to be ineligible for award. Any questions related to specific terms and conditions contained within the solicitation should be submitted via Bidders Inquiry in ProjNet by not later than (NLT) the date specified in Section 00010A, Attachment A, Instructions For Technical Inquires and Questions, prior to submission of an offer.

All proposals will be evaluated on the basis of the factors stated in the solicitation to award a contract.

There will be no trade-offs performed. Award will be made to the responsive and responsible offeror who submits the lowest priced technically acceptable proposal that conforms to the requirements of the solicitation. To be considered technically acceptable, an offeror’s proposal must be rated “Acceptable” under all non-priced factors.

NOTE: Joint Venture:

Contractors submitting an offer as a joint venture must provide an executed copy of the joint venture agreement with the initial proposal. The offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively. In addition, the joint venture must be registered in System for Award Management (SAM) as a joint venture prior to submitting proposal. Also, the SF 1442 as well as all future documents (modifications, bonds etc.) must be signed by authorized, designated person for the joint venture.

D. TECHNICAL EVALUATION FACTORS AND EVALUATION CRITERIA

SUBMISSION REQUIREMENTS:

The Offeror shall submit the following documents in one pdf file titled “Other Proposal Information.”

a. Proposal Format (Attachment 6)

b. Standard Form 1442 (Solicitation, Offer and Award). SF1442 must be signed by a person that is authorized to bind the company and all amendments must be acknowledged.

c. Section 00010A (Line Items and Pricing Schedule). The total price will be considered for evaluation, including base and all options, (if applicable).

d. Section 00101, Representations, Certifications, and Other Statements of Offerors. Submittal of Section 00101 is not considered for evaluation but is required as part of the offeror’s proposal of this solicitation. The information requested in this Section needs to be fully completed.

e. In accordance with FAR Clause 52.228-1, Bid Guarantee, an electronic copy of the bid guarantee shall be submitted with the offer.

f. Proposal Data Sheet (Attachment 4)

g. Determination of Responsibility (Attachment 5)

h. Joint Venture Agreement (if applicable)

i. The Offeror’s proposal must be received by the Government no later than the date/time specified in the solicitation and cited above. Offerors shall submit their proposal using the method and process found in paragraph 3D below.

Submittal of Section 00101 is not considered for evaluation but is required as part of the offeror’s proposal of this solicitation. The information requested in this Section needs to be fully completed along with completion of Online Representations and Certifications Application (ORCA) per FAR 52.204-8 Annual Representations and Certifications. The submitted information will be reviewed for completeness by Contracting Personnel.

In addition to other proposal information, the Contracting Officer shall use this information in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR Part 9.

2. FACTOR 1: PRICE

EVALUATION METHOD:

The Price factor is not rated. It will be evaluated for reasonableness through the use of a price analysis in accordance with FAR 15.404-1(b). The price analysis will also check for the appearance of unbalanced line item prices.

Additionally, Offerors’ price proposals may be evaluated for price realism to determine if there are proposals that are unrealistically low in terms of overall price or reflective of an inherent lack of management and/or technical competence or comprehension of the requirements. Therefore, offerors are advised that their business decision to submit a low-priced proposal can be considered in assessing their understanding or the risk associated with their proposal.

Prices will be reviewed for minor or clerical errors. If necessary, offerors will be afforded an opportunity to resolve any such errors. Any exchange with offerors under this subparagraph shall be for the purpose of clarification (FAR 15.306(a)) and shall not constitute negotiations as defined at FAR 15.306(d). In the event of discrepancy between a unit price and the extended amount, the unit price shall be controlling.

Prices will be reviewed for apparent mistakes. Should this review reveal any prices that seem unreasonably low, the Contracting Officer will contact the offeror and ask the offeror to confirm the questioned price. If the offeror confirms the price, no further action will be taken under this subparagraph. If, however, the offeror alleges a mistake, the offeror may modify the proposal in accordance with FAR 52.215-1(c)(6). Any modification submitted for the purpose of correcting a mistake shall include documentation explaining how the mistake was made. After resolution of minor or clerical errors and/or mistakes, prices will be reviewed for reasonableness, realism, unbalanced pricing or any other price related issue that could pose an unacceptable risk to the Government or indicate the offeror does not clearly understand the requirement at hand.

After resolution of minor or clerical errors and/or mistakes, the Contracting Officer will perform a price analysis on all proposals received. Price analysis will be performed in accordance with FAR 15.404-1(b), to determine fairness and reasonableness and the adequacy of the offer in fulfilling the requirements of the proposal. The price analysis will also check for the appearance of unbalanced line item prices. Additionally, offerors’ price proposals may be evaluated for price realism to determine if there are proposals that are unrealistically low in terms of overall price or reflective of an inherent lack of management and/or technical competence or comprehension of the requirements.

Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP. Fairness and Reasonableness will be established using historical price information, price competition information, the Independent Government Estimate (IGE), and any other pricing tools necessary. Additionally, a price realism evaluation may be performed.

3. FACTOR 2 - DEMONSTRATED CORPORATE TECHNICAL EXPERIENCE

SUBMISSION REQUIREMENTS:

The offeror’s volume for this non-priced factor will not include price or price related information. The offeror will include the Proposal Format Sheet - Attachment 6 as a cover sheet for this volume. The offeror will also include Attachment 1, Demonstrated Corporate Technical Experience must be utilized to provide project information for each project. The offeror shall ensure that all information required by the Demonstrated Corporate Technical Experience Sheet(s) are provided and all descriptions and explanations are in sufficient detail to provide the technical evaluation team with a clear understanding of the work completed and how it is similar to this project. If a project is presented and has not been completed, the offeror shall explain which elements of the work are not completed and the percentage.

All experiences required for this factor listed as elements (a through e) below, may be submitted under one project or any combination of projects. All five elements need not have been performed on the same project(s). Provide a minimum of three (3) maximum of five (5) projects demonstrating experience on each of the elements listed below. The offeror must be able to demonstrate at least one example of each of the elements below.

Only the first five (5) projects submitted in the offeror’s proposal will be reviewed, and any additional projects will not be evaluated. The offeror must have been the prime contractor on at least one (1) of the projects submitted under Factor 2.

Recent and relevant experience is defined as same or similar size complexity as this construction project having the features of work listed in Factor 2 with a minimum value of $1,000,000 and completed no more than ten(10) years from the date of solicitation.

If any portion of the work provided as demonstrated corporate technical experience was subcontracted, clearly identify that work as such and provide the required experience of that subcontractor as it relates to work the subcontractor will be performing for this requirement. Using Attachment 2, provide a Letter of Commitment from that proposed subcontractor.

A Letter of Commitment is defined as a letter from the subcontractor on official Company letterhead

(1) addressed to the prime contractor, (2) identifying the work they intend to perform, and (3) stating that they are willing to be bound to perform the identified work if the prime receives this contract.

Failure to provide a Letter of Commitment from a proposed major subcontractor will cause any non priced factor to be rated Unacceptable, if applicable.

A major subcontractor is defined as any subcontractor whose experience is submitted as part of this proposal and is also identified in the non-substitution clause in Section 00800 of the Solicitation.

The project/projects submitted under Factor 2, Demonstrated Corporate Technical Experience must have a corresponding submission under Factor 3, Past Performance. In addition, project/projects submitted under Factor 2 must be a completed project or a close to completed project.

A complete project is defined as work performed under a “project” that was physically completed within the last ten (10) years preceding the date of this solicitation and has been accepted by the customer. A close to complete project is defined as work performed under a “project” that is over 50% physically complete.

Failure to demonstrate the minimally acceptability standards under Factor 2 will result in an “UNACCEPTABLE” rating and possible elimination from further consideration for contract award.

A joint venture entity shall submit the designated number of projects for Factor 2 for the combined Joint Venture. If submitting a proposal as a Joint Venture, the experience of each of the joint venture partners can be submitted for the joint venture entity. These projects will be evaluated separately;

however, the overall evaluation for demonstrated corporate technical experience will be combined to form one overall evaluation rating for the joint venture.

Any demonstrated corporate technical experience (to include subcontractors) provided for consideration for Factor 2 shall also have a corresponding submission in the Past Performance Factor.

The Offeror’s Demonstrated Corporate Technical Experience Proposal must include the following:

Project/Projects that demonstrate the following experiences.

a. Experience successfully constructing and fabricating a metal walkway.

b. Experience successfully installing pre-stressed concrete piles.

c. Experience successfully installing below and above grade electrical conduit.

d. Experience successfully constructing a concrete walkway.

e. Experience successfully acquiring, and installing stilling well instrumentation, and running data cable from the stilling well to an onsite control building.

EVALUATION METHOD

The technical evaluation team will evaluate each of the projects submitted to determine if they are similar to this project and whether or not the projects demonstrate that the offeror has the knowledge and experience required to meet or exceed the terms and conditions of the specifications, and the ability to successfully accomplish and complete the project as within the required timeframe, as defined in specification Section 01 11 00, Summary of Work.

Offerors must receive a demonstrated corporate technical experience rating of “Acceptable,” in order to receive a rating of Technically Acceptable for Factor 2.

Ratings for the Demonstrated Corporate Technical Experience factor are shown below:

Factor 2 Acceptable/Unacceptable Rating Method

Rating Description

Acceptable Proposal meets the requirements of the solicitation outlined in paragraph 3

Unacceptable Proposal does not meet the requirements of the solicitation.

4. FACTOR 3 – PAST PERFORMANCE

SUBMISSION REQUIREMENTS

Offerors shall submit one NAVFAC/USACE Past Performance Questionnaire (PPQ), (see Attachment 3), completed and signed by an Owner of the Project (Client) point of contact or “POC” for each of the projects submitted under Factor 2. If a project submitted under Factor 2 was completed by the Offeror’s major subcontractor, the Offeror is responsible for coordinating with their major subcontractor and submitting a completed NAVFAC/USACE Past Performance Questionnaire on their major subcontractor’s behalf. All pages of each NAVFAC/USACE Past Performance Questionnaire should be initialed and dated on the bottom right-hand corner by the POC. Failure to provide a completed and signed NAVFAC/USACE Past Performance Questionnaire for each project as described above may result in this Factor being rated Unacceptable. If a Contractor Performance Assessment Reporting System (CPARS) record is available for any of the projects submitted under Factor 2, the CPARS record may be submitted in lieu of the completed Past Performance Questionnaire or an official Performance Evaluation from a non-Federal agency.

The Owner of the Project (Client) or “POC” is defined as the entity that took ownership of the project after construction was complete. If the Offeror is unable to obtain a completed PPQ from the Owner of the Project (Client), before the proposal receipt date, the Offeror shall complete and submit with the proposal the first page of the Questionnaire (Blocks 1-8) that contains contract and client information for the submitted project.

NOTE: It is the Offeror’s responsibility to ensure that the client’s point of contact information is current and correct.

The client point of contact reflected in (Blocks 1-8) should also be familiar with the past performance they are being asked to verify and informed that they will be contacted by the Government to verify past performance.

While the Government may elect to consider data from other sources, the burden of providing detail, current, accurate and complete past performance information rests with each offeror. Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), CCASS, CPARS, Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases for the Offeror or the Offeror’s major subcontractors.

EVALUATION METHOD

The past performance evaluation is an assessment of the Offeror’s probability of meeting the minimum solicitation requirements. This assessment considers each offeror’s demonstrated (within the last ten years) and relevant past performance information from past construction projects that meet the solicitation requirements. There are two aspects to the past performance evaluation.

The first aspect of the past performance evaluation is to evaluate whether the offeror’s submitted past performance is recent, and relevant or not relevant to the effort to be acquired. If a demonstrated corporate technical experience submitted in Factor 2, is determined to be Acceptable, it will also be determined to be recent and relevant in Factor 3.

The second aspect of the past performance evaluation is to determine how well the contractor performed a demonstrated corporate technical experience submitted in Factor 2. This will be determined by utilizing the NAVFAC/USACE Past Performance Questionnaire at Attachment 2, CPARS records or official performance evaluations from a non-federal entity. If the Offeror receives any rating of marginal or below in each of the Past

Performance elements or has DO NOT Recommend, the offeror will be rated Unacceptable.

*A Satisfactory Rating is defined in the NAVFAC/USACE Past Performance Questionnaire.

Once relevancy has been determined and past performance ratings have been verified, a rating of Acceptable of Unacceptable will be assigned based on the results. Offeror’s must receive a Past Performance rating of Acceptable for ALL submitted demonstrated corporate technical experiences to receive and overall rating of Acceptable for the Past Performance Factor.

Ratings for this Factor are defined below:

Past Performance Acceptable/Unacceptable Rating Method

NOTE: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, shall be considered “acceptable.”

E. PROPOSAL REQUIREMENTS AND SUBMISSION FORMAT

The Offeror’s proposal shall be submitted electronically, as described below. The use of hyperlinks in the proposal is prohibited. The offeror’s proposal is due no later than 2:00 PM, local time on 09 Jan 2024.

The Offeror’s proposal must be received by the Government no later than the date/time specified in the solicitation and cited above. Offerors shall submit their proposal using the following link:

https://piee.eb.mil/

Please submit proposals utilizing the link above to Contracting Officer William Wallace at William.J.Wallace@usace.army.mil and carbon copy (CC) Contract Specialist, Rasheedah Sneeze at Rasheedah.S.Sneeze@usace.army.mil.

Instructions for submitting electronic proposals:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) website.

Electronic copies of each volume shall be submitted through the Solicitation Module of PIEE at https://piee.eb.mil.

If there is a system outage, see below. All proposals received after the exact time specified for receipt shall be treated as late submissions.

For instructions on how to post an offer,…