Navigation Improvements RFP for Advertising 3Sept09.pdf

Solicitation No. W912ES-09-R-0025

LOCK AND DAM #3

MISSISSIPPI RIVER

RED WING, MN

DESIGN-BUILD

DOCUMENTS

FOR

LOCK AND DAM #3

NAVIGATION IMPROVEMENTS

SEPTEMBER 2009

US Army CorpsUS Army Corps Of EngineersOf Engineers St. Paul DistrictSt. Paul District

USACE St. Paul District September 2009

TABLE OF CONTENTS

SECTION 00 01 50 Solicitation Contract Form

SECTION 00 05 50 Offeror’s Checklist

SECTION 00 10 50 Instructions to Offerors

SECTION 00 11 50 Submission Requirements and Evaluation Factors

SECTION 00 12 50 Evaluation Methodology and Procedures

SECTION 00 60 00 Representations and Certifications

SECTION 00 70 00 Contract Clauses

SECTION 00 80 00 Special Contract Requirements

SECTION 00 83 00 Attachments

Lock and Dam #3 Navigation Improvements Solicitation No. W912ES‐09‐R‐0025 Table of Contents, Page ii

Request for Proposals Lock and Dam #3 Navigation Improvements

Design‐Build Procurement

September 2009

Section 00 01 50 – Solicitation Contract Form

U.S. ARMY CORPS OF ENGINEERS

St. Paul District

W912ES‐09‐R‐0025

W81G6791567727

RECOVERY- Lock and Dam 3 Navigation Improvements, City of Red Wing, Goodhue County, Minnesota.

This project is for the design and construction (Two-Step Design-Build) of navigation safety improvements at Lock and Dam 3 on the Mississippi River near Red Wing, Minnesota. Contractors shall be capable of providing all technical expertise, equipment, materials and labor to design and construct navigation improvements at Lock and Dam 3. These improvements may include: 1) construction of a lock guide wall extension of approximately 862 feet, 2) dredging and placement of approximately 150,000 cubic yards of materials, and 3) construction of any associated navigation improvements. This will be a firm-fixed price contract and award will be based on best value to the Government.

THIS PROCUREMENT IS ISSUED UNRESTRICTED UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (PUBLIC

LAW 100-656).

The estimated price range for this requirement is between $25,000,000 and $100,000,000. The North American Industry Classification System (NAICS) code is 237990 with a small business size standard of $33.5 million. This Request for Proposals (RFP) is being issued on an unrestricted basis.

PATRICIA M SIMON 651 290-5418

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

08-Sep-2009

(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

Prescribed by GSA

(REV. 4-85)

11. The Contractor shall begin performance within _______ calendar days and complete it within ________10 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _ ________________________21.211-10Alt1

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 work required are due at the place specified in Item 8 by _ ___ 8 _______ local time ______________ (date). 23 Oct 2009 If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

TEL: 651-290-5425

W912ES

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)

651-290-5706 FAX: TEL: FAX:

W912ES-09-R-0025

CONTRACTING DIVISION

USACE - ST. PAUL

190 5TH STREET E

ST. PAUL MN 55101

FAR (48 CFR) 53.236-1(e)

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

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

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)

CODE 27. 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

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

(Must be fully completed by offeror)OFFER

28. NEGOTIATED AGREEMENT (Contractor is required to sign this

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

Section 00 01 50, Page 4

Section 00 01 50 – PROPOSAL SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Design 1 LS $________.__ $__________.__

0002 Guidewall Extension 1 LS $________.__ $__________.__

0003 Sand Fill 0003AA First 101,600 101,600 CY $________.__ $__________.__ 0003AB Over 101,600 50,800 CY $________.__ $__________.__

0004 Channel Cap Rock 1 LS $________.__ $__________.__

TOTAL PRICE ‐ $ ___________________

ALL QUANTITIES ARE ESTIMATED EXCEPT WHERE UNIT IS GIVEN AS “LS” (LUMP SUM).

Section 00 05 50 – Offeror’s Checklist

Section 00 05 50, Page 1

SECTION 00 05 50

OFFEROR’S CHECKLIST – RFP (PHASE II)

PART 1 GENERAL

1.1 OFFEROR’S CHECKLIST

All information required by the terms of the Solicitation must be furnished with the RFP response.

MISTAKES AND OMISSIONS CAN BE COSTLY. Important items for the Offeror to check include, but are not limited to, those listed below. This checklist is furnished only to assist the Offeror in submitting a complete response to the RFP (Phase II).

Are the envelopes containing the proposal properly identified and marked with the correct solicitation number, submission date, and time?

Are the correct number of copies of the documents provided?

Is the SF 1442 properly filled out and signed?

Is a properly executed bid bond included in a separate envelope for Tab A?

Have all amendments been properly acknowledged on either the SF 1442 or the SF 30 for each amendment?

Is the Proposal Schedule properly filled out and included in a separate envelope for Tab A?

Is all of the supporting documentation for the Proposal Schedule included in a separate envelope for Tab A?

Are all required Representations and Certifications properly filled out per Section 00 60 00 and included in Tab B?

Have the page limits been adhered to?

Will the RFP response arrive on time? Late hand‐carried responses will not be considered.

Late responses will be handled in accordance with 52.215‐1 “Instructions to Offerors— Competitive Acquisition.”

END OF SECTION

Section 00 10 50 – Instructions to Offerors

Section 00 10 50, Page 2

SECTION 00 10 50

INSTRUCTIONS TO OFFERORS – RFP (PHASE II)

Table of Contents

1.1 INTRODUCTION

1.2 GENERAL DESCRIPTION OF WORK

1.3 CONTRACT COST CEILING LIMITATION (CCL) FOR DESIGN AND CONSTRUCTION COSTS

1.4 GOVERNMENT SECURITY REQUIREMENTS

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.6 OFFEROR'S QUESTIONS AND COMMENTS

1.7 SMALL BUSINESS SIZE STANDARD

1.8 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

1.9 REQUEST FOR PROPOSAL (RFP) EXPENSES AND PRE‐CONTRACT COSTS

1.10 SITE VISIT

1.11 METHOD OF PROCUREMENT

1.12 RFP SUBMITTALS

1.13 RFP FORMAT

1.13.1 General Requirements

1.13.2 Written Submission

1.13.2.1 Text

1.13.2.2 Font Size

1.13.2.3 Format

1.13.2.4 Binding

1.13.2.5 Content

1.13.2.6 Page Limitations

1.14 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF SMALL

BUSINESS CONCERNS

1.15 PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.211‐5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)‐‐EFARS

52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214‐35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE ACQUISITION (JAN 2004)

52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING

DATA (OCT 1997)—ALTERNATE IV (OCT 1997)

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.222‐5 DAVIS‐BACON ACT‐‐SECONDARY SITE OF THE WORK (JUL 2005)

52.222‐23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225‐24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009) ALTERNATE I (MAR 2009)

52.228‐1 BID GUARANTEE (SEP 1996)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

52.236‐27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

52.236‐28 PREPARATION OF PROPOSALS‐‐CONSTRUCTION (OCT 1997)

52.236‐4002 WORK PERFORMED BY THE CONTRACTOR

252.204‐7004 CENTRAL CONTRACTOR REGISTRATION (52.204‐7) ALTERNATE A (SEP 2007)

Section 00 10 50, Page 3

1.1 INTRODUCTION

The United States Army Corps of Engineers, St. Paul District (Government) is issuing a Request for Proposals (RFP) for the Lock and Dam #3 Navigation Improvements Project (Project) as Phase II of a two‐phase design‐build selection procedure. A two‐phase procurement structure consists of a Phase I Request for Qualifications (RFQ) and a subsequent Phase II Request for Proposals (RFP). The Phase I RFQ was issued in July 2009 to identify a shortlist of qualified and capable Offerors. The Government has evaluated the RFQ responses and has shortlisted three (3) Offerors and invited the Offerors to submit technical/price proposals for the Project. The Phase II Offerors have 45 calendar days for submittal of Phase II proposal requirements. The responses to the RFP will be evaluated by the Government to select the design‐build contractor for the project.

1.2 GENERAL DESCRIPTION OF WORK

Lock and Dam #3 is a navigation dam and lock on the Mississippi River approximately 6 miles upstream from Red Wing, Minnesota. Its position on a bend in the river makes down bound navigation difficult because of an out draft current that tends to sweep towboats and barges away from the lock toward the gated part of the dam. The out draft current has resulted in many accidents, including 11 incidents since 1968 when tows have collided with the gated part of the dam.

A related problem is with the low and weak embankments on the Wisconsin side of the river.

Navigation accidents can render the four roller gates inoperable, resulting in overtopping and erosion of the Wisconsin embankments. The Wisconsin side embankment system divides the 8‐foot head at the dam into three steps and works together as part of Lock and Dam #3. Failure of the embankment system could result in accidental drawdown of Pool 3 with significant economic and environmental consequences.

An Environmental Impact Statement was completed in November 2006, and a Record of Decision was signed on April 3, 2007 and endorsed by Corps Headquarters. The Record of Decision approved a project to address the navigation safety problem and strengthen the embankments. The Office of Management and Budget made a positive determination of budgetability on May 5, 2008. The recommended plan includes strengthening the Wisconsin embankments and constructing an extended landward guide wall with channel modifications to improve navigation safety. The guide wall extension and the associated channel modifications are the subject of this RFP. The guide wall extension and the associated channel work will be accomplished using a single design‐build contract. The upper embankment work will be procured by a separate construction contract, and the lower embankment work will be procured by a separate design‐build contract.

Construction schedule constraints will provide project challenges. Condensed construction periods will be required to avoid high river discharge conditions and work around active navigation, and due to environmental constraints such as restricted work during the fish spawning season. Work in winter conditions during the non‐navigation season will likely be required to complete the project by the required deadline.

Section 00 10 50, Page 4

1.3 CONTRACT COST CEILING LIMITATION (CCL) FOR DESIGN AND CONSTRUCTION

COSTS

Not used for this solicitation.

1.4 GOVERNMENT SECURITY REQUIREMENTS

Offeror(s) must ensure that ALL mail sent to the St. Paul District, U.S. Army Corps of Engineers, either pre‐contract or post‐contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers if it does not contain a return mailing address. There will be no exceptions.

The mail room facility is located at:

US Army Corps of Engineers Sibley Square at Mears Park 190 5th Street East, Suite 401 St. Paul, MN 55101‐1638

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS. Solicitation documents will be posted to the FedBizOpps website. The website address is: http://www.fbo.gov. In addition, a CD copy of the RFP will be provided to the Shortlisted Offerors.

All amendments will be posted to the website through the Army Single Face to Industry website.

It shall be the contractor’s responsibility to check the website for any amendments. The Offeror shall acknowledge any amendments on the SF 1442 or each SF 30; this requirement is necessary for each amendment. The Offeror shall submit in the RFP all requested information specified in this solicitation. There will be no public opening of the proposal received as a result of this solicitation.

1.6 OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e‐mail or facsimile to:

Patricia Simon, Contract Specialist – Primary POC U.S. Army Corps of Engineers, St. Paul District, Phone: 651‐290‐5418

FAX: 651‐290‐5706

E‐mail: Patricia.M.Simon@usace.army.mil http://www.fbo.gov/� mailto:Patricia.M.Simon@usace.army.mil�

Section 00 10 50, Page 5

Note: All questions and/or comments should reach the above referenced Contracting Office no later than twelve (12) calendar days prior to the due date for receipt of all RFP materials (see 1.12), in order that they may be given consideration or actions taken prior to receipt of offers.

1.7 SMALL BUSINESS SIZE STANDARD

The small business size standard for this procurement is $33.5M in average gross annual receipts for the preceding 3 fiscal years.

1.8 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

In accordance with Section 23 of the NAICS Manual, the work in this solicitation is assigned classification code 237990.

1.9 REQUEST FOR PROPOSAL (RFP) EXPENSES AND PRE‐CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of materials or for any other costs incurred by any firm submitting materials in response to this solicitation for Phase II. A stipend will not be paid to those shortlisted firms invited to submit proposals in Phase II. Finally, the Government will not pay for or subsidize any costs incurred for attendance at the site visit.

1.10 SITE VISIT

An organized site visit has been scheduled for Friday, September 18th, 2009 at 10:00 a.m. All Offerors are urged to attend. Participants will meet at the outer gate of Lock and Dam 3. A valid picture ID will be required to enter the site. Participants must wear steel‐toed shoes/boots.

1.11 METHOD OF PROCUREMENT

(a) The Government intends to conduct this acquisition in accordance with the provisions set forth in the Request for Proposal (RFP).

(b) Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFP does not constitute an award commitment on the part of the Government.

(c) Proposal submittals must set forth full, accurate, and complete information as required by this RFP, including attachments. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

(d) For Phase II, the Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, which may be limited for efficiency, and to award a contract to other than the Offeror submitting the lowest priced offer. Offerors are advised that the Government intends to

Section 00 10 50, Page 6 make award without discussions, clarifications or any contact concerning the proposals received.

Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

1.12 RFP SUBMITTALS

Offerors who have their proposal hand‐delivered shall contact Patricia Simon (ph: 651‐290‐5418) prior to delivering to the address shown below. On the date specified, and thirty minutes prior to the time specified below, a Contracting representative will be in the 2nd floor lobby near the U.S.

Army Corps of Engineers, St. Paul District elevators to accept proposal materials. At the time specified below it will be announced that receipt of proposals is closed. Offers determined to be late shall be rejected. Proposals submitted in response to the RFP will not be returned.

As stated on Standard Form SF 1442: Proposals will be received until 2:00PM local time on 23 October 2009 at:

U.S. Army Corps of Engineers, St. Paul District Sibley Square at Mears Park ATTN: Patricia M. Simon 190 5th Street East, Suite 401 St. Paul, MN 55101‐1638

The packaging that contains the Proposals shall be marked:

“Proposals for Solicitation Number: W912ES‐09‐R‐0025, DO NOT OPEN”

1.13 RFP FORMAT

1.13.1 General Requirements

General requirements regarding proposal submission formats for Phase II of this solicitation are described below. See Section 00 11 50 for detailed RFP submission requirements. The following table summarizes the major RFP submittals:

Phase II (RFP) Item Description Location

Factor 1 – SF 1442 /Bid Bond/Price Information

TAB A

Separate Envelope

Representations and Certifications (Section 00 60 00) TAB B

Factor 2 – Management Approach Subfactor 2a – Key Personnel & Organization

TAB C

Section 00 10 50, Page 7

Subfactor 2b – Quality and Safety Management Subfactor 2c – Communication Approach Factor 3 – Schedule Management Plan TAB D

Factor 4 – Project Solutions Subfactor 4a – Technical Solutions Subfactor 4b – Construction Narrative

TAB E

Factor 5 – Small Business Subcontracting Approach TAB F

1.13.2 Written Submission

Number of Copies: Offerors shall submit an original and eight (8) copies of their proposal as described herein. An electronic version of the entire submission shall also be included in PDF format on a CD. In addition to the PDF files, the CD shall include the Microsoft project files and the MII files.

1.13.2.1 Text

Text shall be at least single spaces, on 8 ½” x 11” paper, with a minimum one‐inch margin all around and contained in one volume. Pages shall be numbered consecutively within each Tab. Additional pages submitted in excess of the stated maximum will not be evaluated. A page printed on both sides shall be counted as two pages. Submission as double‐spaced printing/copying on recycled paper is encouraged. Include a detailed table of contents, numbered pages, and tabbed sections for each of the evaluation criteria. For drawing sheets, use half‐size sheets (11”x17”).

1.13.2.2 Font Size

Print shall be a minimum of 11‐point font size. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic representations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

1.13.2.3 Format

Provide a Tab or other means to clearly identify each individual section of the submission. Provide an individual section for each of the evaluation criteria. Section covers or tabs used only to identify individual sections are not included in page limits.

1.13.2.4 Binding

The original and each of the copies should be submitted as individual documents using tabbed, 3‐ ring binders. Note that Factor 1 (see above) material shall be submitted separately in a closed manila envelope.

1.13.2.5 Content

Do not submit any materials not required by this solicitation (such as company brochures and marketing material).

Section 00 10 50, Page 8

1.13.2.6 Page Limitations

Page limitations include all text, figures, tables, and graphics. Refer to the following table for page limitations:

Volume Title Page Limit

RFP TAB A

Separate Envelope

Factor 1 – Price Information Separate Envelope – As needed.

RFP TAB B Representations and Certifications As needed.

RFP TAB C Factor 2 – Management Approach

RFP TAB C Subfactor 2a – Narrative 8 pages

RFP TAB C Subfactor 2a – Resumes 20 pages plus alternates

RFP TAB C Subfactor 2a – Organizational Structure & Chart

2 pages, can be 11x17.

RFP TAB C Subfactor 2a – Staffing for Quality and Safety Management Narrative

3 pages

RFP TAB C Subfactor 2b – Quality Narrative 5 pages

RFP TAB C Subfactor 2b – Safety Narrative 5 pages

RFP TAB C Subfactor 2c – Communication Narrative 5 pages

RFP TAB D Factor 3 – Schedule Management Plan

RFP TAB D CPM Schedule No limit of schedule plots.

RFP TAB D CPM Schedule Narrative 5 pages

RFP TAB E Factor 4 – Project Solutions

RFP TAB E Subfactor 4a – Technical Discussion Narrative

20 pages

RFP TAB E Subfactor 4a – Drawings No limit.

RFP TAB E Subfactor 4a – Supporting Documentation No limit.

RFP TAB E Subfactor 4b – Construction Narrative 20 pages

RFP TAB F Factor 5 – Small Business Subcontracting Approach

2 pages

Section 00 10 50, Page 9

1.14 SUBCONTRACTING PLAN/SUBCONTRACTING GOALS REGARDING THE UTILIZATION

OF SMALL BUSINESS CONCERNS

NOTICE TO LARGE BUSINESS: The U.S. Army Corps of Engineers, St. Paul District, is committed to the participation of Small Business, Small Disadvantaged Business and Women‐Owned Small Business in the performance of work under this solicitation and resulting contract. Your attention is directed to the solicitation clauses 52.219‐8 entitled "Utilization of Small Business Concerns", 52.219‐9 entitled "Small Business Subcontracting Plan," and 252.219‐7003 entitled "Small, Small Disadvantaged and Women‐Owned Small Business Subcontracting Plan (DOD Contracts)".

If you are a large business and the apparent awardee with an offer exceeding $1,000,000.00, submission of a Subcontracting Plan in accordance with the above clauses will be required. The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan.

The following subcontracting goals are informational only and not legally binding but are considered reasonable and achievable during the resulting contract from this solicitation. The goals expressed in percent of total planned subcontracting dollars are:

Small Business 70% Small Disadvantaged Business 6.2% Women‐Owned Small Business 7.0% HUBZone Small Business 9.8% Veteran‐Owned Small Business 3.0% Service‐Disabled Veteran‐Owned Small Business 0.9% Subcontract Reporting (SF 294 & SF 295) 100.0%

For purposes of the clause entitled “52.219‐4 ‐‐ Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999)”, the term “otherwise successful offer” means the offer from tentatively selected awardee prior to the application of any evaluation preference required by this clause.

The solicitation clause FAR 52.219‐4 expressed that Small Disadvantaged Business (SDB) firms would receive both the HUBZone and SDB evaluation preference adjustments (See FAR clause 52.219‐23).

Guidance from the Office of the Under Secretary of Defense provides that DOD contracting activities, including the Department of the Army, shall suspend the use of price evaluation adjustments for SDB businesses in DOD Acquisitions, as prescribed in FAR subpart 19.11. Therefore the clause 52.219‐23 is not contained in this solicitation and no SDB evaluation preference adjustment will be utilized.

Section 00 10 50, Page 10

1.15 PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

CLAUSES INCORPORATED BY FULL TEXT

52.211‐5000 EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)‐‐EFARS

Item Nos. 0003 are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its sub‐items.

(End of provision)

Section 00 10 50, Page 11

CLAUSES INCORPORATED BY FULL TEXT

52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214‐35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

Section 00 10 50, Page 12

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show‐‐

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Section 00 10 50, Page 13

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and‐‐

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

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

Section 00 10 50, Page 14

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215‐5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225‐17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

Section 00 10 50, Page 15

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall‐‐

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed‐‐in whole or in part‐‐for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of‐‐or in connection with‐‐ the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the

Section 00 10 50, Page 16 proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post‐award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

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

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

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

(iv) A summary of the rationale for award.

Section 00 10 50, Page 17

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source‐selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER

THAN COST OR PRICING DATA (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Provide information described below:

See submission requirements in Section 00 11 50.

52.216‐1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm‐Fixed Price contract resulting from this solicitation.

Section 00 10 50, Page 18

52.222‐5 DAVIS‐BACON ACT‐‐SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222‐6, Davis‐ Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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:

Section 00 10 50, Page 19

Goals for minority participation for each trade

Goals for female participation for each trade

2.2 % 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;

Section 00 10 50, Page 20

(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 the City of Redwing, Goodhue County, Minnesota.

52.225‐24 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER

MANUFACTURED GOODS—BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAR 2009) ALTERNATE I (MAR 2009)

(a) Definitions.

“Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225‐23).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L.

111‐5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225‐ 23.

(c) Evaluation of offers. (1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

Section 00 10 50, Page 21

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225‐23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225‐23 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225‐23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

Section 00 10 50, Page 22

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 $3,000,000.00, 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.

(End of clause)

Section 00 10 50, Page 23

52.233‐2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

James Roloff

Contracting Officer

U.S. Army Corps of Engineers

190 Fifth Street East, Suite 401

St. Paul, MN 55101

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236‐27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236‐2, Differing Site Conditions, and 52.236‐3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for‐‐

Friday, September 18th, 2009 at 10:00 a.m.

(c) Participants will meet at the outer gate of Lock and Dam 3. A valid picture ID will be required to enter the site. Participants must wear steel‐toed shoes/boots

Section 00 10 50, Page 24

52.236‐28 PREPARATION OF PROPOSALS‐‐CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including‐‐

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires…