W912ES25RA008 - RFQ - LD 2_3 Traveling Mooring Bitt System Rehabilitation.docx

1. INTRODUCTION:

The United States Army Corps of Engineers, St. Paul District (Government) is soliciting a Request for Qualifications (RFQ) for the Lock and Dam Numbers 2 & 3 (LDs 2 and 3) Traveling Mooring Bitt System Rehabilitation Project (Project) as Phase I of a two‐phase design‐build selection procedure. This procurement is “full and open” and will result in a firm fixed price contract. A two‐phase procurement structure will be used for the Project, consisting of a Phase I Request for Qualifications (RFQ) and a subsequent Phase 2 Request for Proposals (RFP). The RFQ is being issued to identify, using the criteria and methodology described herein, a shortlist of highly qualified and capable design‐build teams that will be invited to submit technical/price proposals for Phase 2 (RFP portion). Firms will have 30 calendar days for submittal of their Phase I (RFQ) qualifications package. The Government anticipates that three firms will be shortlisted (from the RFQ responses) and invited to submit responses to the RFP; however, the Government reserves the right to shortlist more or fewer firms depending on the responses to the RFQ received. There will be a maximum of five offerors selected to submit Phase 2 proposals. All Offerors will receive written notice regarding whether they were selected to compete in Phase 2.

In Phase 2, the RFP package will be issued to the shortlisted design‐build teams and will specify technical and pricing criteria. Those selected to compete for Phase 2 will have approximately 30 calendar days to prepare and submit their Phase 2 proposals. The Phase 2 proposals will be evaluated by the Government to select the design‐build contractor for the project. The District is planning on awarding the design and construction for both sites.

No site visit will be provided for Phase I. A site visit will be offered to those offerors who are invited to compete in Phase 2. The date and time for that site visit will be included in the Phase 2 RFP.

The estimated magnitude of construction is Between $10,000,000 and $25,000,000. The North American Industry Classification System (NAICS) Code is 237990, Other Heavy and Civil Engineering Construction with a small business size standard of $45.0M.

2. GENERAL DESCRIPTION OF WORK

This description of work is preliminary and for information only. The final version of the project scope will be provided in Phase 2.

Lock and Dam Numbers 2 and 3 are navigation facilities on the upper Mississippi River in Minnesota.

The U.S. Army Corps of Engineers (USACE) has a requirement for a design-build contract for the Traveling Mooring Bitt System Rehabilitation at LDs 2 and 3. The purpose of the tow haulage system, which includes the travelling mooring bitts, is to assist and speed the upstream travel of 1200-foot-long tows through 600-foot-long lock chambers. The travelling mooring bitt systems are located on the upper guidewalls and include rails, rail supports, and end stops, as well as the travelling mooring bitts. The travelling mooring bitt system supports wind, outdraft, and inertia loads. The purpose of the travelling mooring bitt system is to secure the head of an un-powered barge group along the upper guide wall after being pulled from the lock chamber by the tow haulage hydraulic winch.

Contractor is to furnish all services, design, labor, materials, tools, supervision and equipment as indicated to remove the old tow haulage system, to include any concrete work (removal and replacement) needed to ensure a stable foundation for the new system at LDs 2 and 3. The project also includes design, fabrication, shop testing, and installation of the new traveling mooring bitt system. All work is to be completed in accordance with the contract terms and conditions, drawings and specifications. Contractor shall furnish, install and commission, all supplementary or miscellaneous items, appurtenances, and devices incidental to or necessary for a sound, secure, complete and operating installation. The Design-Build Contractor shall be fully responsible for all design and construction work.

The scope of the contract will include salvage of components of the existing system, disposal of other components, as well as fabrication and installation of an entirely new system. Below are some of the requirements that will be included in the scope of the contract.

Component removal for turnover to the Government or disposal:

- Travelling mooring bitts and end stops

- Supports, clips, and anchor bolts (except as stated to be salvaged)

- Any deteriorated guidewall concrete, along with associated armoring and corner protection steel, which the Offeror identifies as needing to be removed in its design

- Handrail support anchor bolts

- Ladders

- Electrical cables and conduit

Temporary removal of components for re-installation:

- Check posts

- Handrails

- Light Poles

Design and construction (installation) of:

- New upper guidewall concrete, including widening the walkway to the existing elevation.

- Travelling spare mooring bitt, rails, rail supports, rail anchors, and end stops

- Ladders

- Travelling mooring bitt hydraulic winch

The fairleads are to remain in-place and are not included in the project scope of work.

Construction schedule constraints will provide project challenges. All site work must take place during the non-navigation season. Shop work, fabrication, and survey (if required) may be completed during the navigation season.

The Contractor’s design shall allow uninterrupted utility services except for brief planned outages. Removal and replacement of any electrical components shall be planned and executed in a manner that accommodates the presence of lead and asbestos in a safe, legal, and environmentally satisfactory manner.

3. Method of procurment

The Government intends to conduct this acquisition in accordance with the provisions set forth in the RFQ. The materials submitted will be evaluated and a shortlist of the most highly qualified firms will be selected to proceed to Phase 2 (RFP). All firms which submit a qualifications package in response to the RFQ will receive written notice of whether they were or were not selected to compete in Phase 2.

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

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

Offerors are advised that the Government intends to select firms for participation in the Phase 2 RFP process without discussions, clarifications or any contact concerning the qualifications packages received. The Government reserves the right to hold discussions for both the RFQ and the RFP processes.

4. Basis for award

The basis of award is best value trade-off in accordance with FAR 15.101-1; therefore, the Government has the right to accept other than the lowest offer. The right is also reserved to reject any, and all offers. The Government intends to award without discussions but reserves the right to conduct discussions at any time during the Phase 1 (RFQ) or Phase 2 (RFP) evaluations as needed.

4.1. DEFINITIONS

A “strength” is a provision in the proposal that exceeds specified performance or capability requirements to the advantage of the Government during contract performance.

A "weakness" is a flaw in the proposal that increases the risk of unsuccessful contract performance.

A “significant strength” is an aspect in the proposal that significantly enhances the specified performance or capability requirements to the considerable advantage of the Government during contract performance.

A "significant weakness" in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

A "deficiency" is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

A "deviation" occurs when a proposal takes exception to, implies or specifically offers something that does not meet a Government requirement. Although required by the solicitation, the Offeror may not have called the deviation to the attention of the Government. Evaluators must identity all discovered deviations. The solicitation may be amended to accept deviations; however, the specific deviation may not be specified as the solution.

A “betterment” occurs when a proposal offers something that meets and exceeds a Government requirement. Evaluations must identify all items which they believe are betterments to the government. Evaluators may give additional consideration for offered betterment.

An “uncertainty” is any aspect of a non-price factor or subfactor in a proposal for which the intent of the offer is unclear.

5. Phase I (RFQ) Evaluation

During the evaluation, evaluators will determine the strengths, weaknesses, deficiencies, and deviations of each proposal package. At the completion of the evaluation, each proposal will receive a single adjectival rating for each subfactor and an overall rating for each factor.

Offerors are discouraged from providing information not required by the solicitation. Offerors shall address each of the factors/subfactors in sufficient detail to permit a complete and comprehensive evaluation. Any deviation from the solicitation requirements may result in non-consideration of the proposal.

Price will not be evaluated during the Phase 1 (RFQ) evaluations. Phase 1 (RFQ) responses will be submitted and segregated by Volume as shown in the table below.

If the offeror intends to meet any evaluation factors and/or subfactors using a subcontractor, then the offeror must include a Letter of Commitment referencing this procurement and be signed by the offeror and an employee of the subcontractor that has authority to bind the subcontractor. The Letter of Commitment shall clearly state that the offeror and the subcontractor have committed to perform this contract together if the offeror receives the contract award. If award is made to that offeror, then it will be required to utilize that subcontractor. Any substitutions of subcontractor(s) must be with a subcontractor with equal or better qualifications. Any substitution must be approved by the Contracting Officer.

A rating of “Unacceptable”, “No Confidence”, or “Not Relevant”, for any factor or subfactor will result in the Offeror being ineligible for selection to move beyond the RFQ stage, unless the Contracting Officer decides to hold discussions, includes the Offeror in the competitive range, and all ratings are improved to at least “Marginal”, “Limited Confidence”, or “Somewhat Relevant” for the Offeror’s revised proposal. However, the proposals are intended to be evaluated, and selection for the RFP stage made, without discussions with the offerors, unless discussions are determined to be necessary.

5.1. General Proposal Format shall be as follows:

· Submit proposal documentation in Adobe Acrobat PDF format. Any excel spreadsheets shall be submitted in Microsoft Excel 2016 format or later.

· Title Page. The title page must include the offeror’s name and address, phone number and email address, project title, and date of submittal.

· Font, Page Size, and Margins. Pages containing text are expected to be 8 ½ x 11 inches with at least one-inch margins at the top, bottom, and both sides. Paragraphs should be separated by at least one blank line. A standard 12-point font in either Arial or Times New Roman is required. The use of hyperlinks in proposals is prohibited.

· For any technical drawings submitted the minimum PDF document size is 11” x 17”. All information must be confined to the appropriate volume. Each volume of the proposal is expected to contain a table of contents, summary section with a brief abstract of the volume, and the narrative discussion.

· Additional pages submitted in excess of the stated maximum will not be evaluated.

5.2. PHASE I (RFQ) EVALUATION FACTORS

Phase 1 (RFQ) responses will be submitted and segregated by Volume item as shown in the following table.

Factor 2 – Past Performance:

Subfactor 2(a) – Mechanical Design Past Performance Subfactor 2(b)– Marine Structural Design Past Performance Subfactor 2(c)– Machinery Fabrication Subfactor 2(d)– Marine Construction

*Page Limitations include all text, figures, tables, and graphics.

Price/Cost will not be evaluated during the Phase I (RFQ) evaluations.

During the evaluation, evaluators will determine the strengths, weaknesses, deficiencies, and deviations of each proposal package. At the completion of the evaluation, proposal will receive a single adjectival rating for each subfactor and an overall rating for each factor.

Offerors are discouraged from providing information not required by the solicitation. Offerors shall address each of the factors/subfactors in sufficient detail to permit a complete and comprehensive evaluation. Any deviation from the solicitation requirements may result in non-consideration of the proposal.

Price will not be evaluated during the Phase 1 (RFQ) evaluations. Phase 1 (RFQ) responses will be submitted and segregated by Volume as shown in the table below.

If the offeror intends to meet any evaluation factors and/or subfactors using a subcontractor, then the offeror must include a Letter of Commitment referencing this procurement and be signed by the offeror and an employee of the subcontractor that has authority to bind the subcontractor. The Letter of Commitment shall clearly state that the offeror and the subcontractor have committed to perform this contract together if the offeror receives the contract award. If award is made to that offeror, then it will be required to utilize that subcontractor. Any substitutions of subcontractor(s) must be with a subcontractor with equal or better qualifications. Any substitution must be approved by the Contracting Officer.

5.3. RELATIVE ORDER OF IMPORTANCE – PHASE I

Technical Approach (Factor 1) is equally important to Past Performance (Factors 2). All subfactors in Factor 2 are considered equally important.

5.3.1. Proposal Data Sheet (Volume I):

Submit one copy of the signed RFQ, and any amendments as provided in the RFQ. Designate an individual who is authorized to act on behalf of the contractor in matters related to the contract.

5.3.2. FACTOR 1 – TECHNICAL APPROACH (VOLUME II)

The Technical Approach shall be presented in a narrative form. This document shall provide the Government a clear understanding of the offeror’s approach to both design and construction for the Traveling Mooring Bitt System at Lock and Dam (LD) Numbers 2 and 3. The offeror shall submit information for the design description that covers how the offeror will include stakeholders throughout the design process, and what tools they will use in their design. The offeror shall submit information for the construction description that covers generally how the offeror will mitigate delays, their approach to quality control, and how they will maintain safe working conditions. The design description shall not exceed 1 page. The construction description shall not exceed 1 page.

In Phase 2 (RFP), the Offeror will be asked to provide detailed design and construction information. The Offeror will be asked to describe its design approach, proposed schedule, and construction approach in Phase 2, if selected. It is not the intent for the offeror to submit detailed design and technical information in response to this RFQ.

Evaluation criteria

The Government will evaluate the Offeror’s understanding of the project site work and the Offeror’s understanding of the design and construction criteria.

Possible strengths include: Offeror clearly demonstrates an exceptional safety program and/or implements supplemental safety training. Offeror demonstrates an exceptional design approach that includes all stakeholders.

Rating Scheme

understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

5.3.3. FACTOR 2 – PAST PERFORMANCE (VOLUME III)

The Offeror shall provide three (3) project examples for each subfactor listed (Mechanical Design, Marine Structural Design, Machinery Fabrication, and Marine Construction). One project may qualify under more than one subfactor but must be listed under each subfactor to be considered.

The projects shall be:

· Completed within the last ten (10) years or which are currently under contract with design services 100% completed and construction 50% or greater completed.

· Subfactors 2(a) and 2(b), design for entire project valued at $500,000.00 or more, Subfactor 2(c) Machinery Fabrication $200,000 or more, and Subfactor 2(d) Construction valued at $5M or more;

· Mechanical Design includes mooring machinery, wire ropes, and hydraulically driven machinery. In addition, mechanical design experience must demonstrate the following work elements: bearings (roller or plain), steel weldment, and directing field alignment of mechanical components;

· Marine Structural Design includes locks, dams, dam piers or their foundations, deep draft docking facilities, dry docks, bridge piers which have their foundations located in rivers or bays, protection structures such as dolphins;

· Machinery Fabrication includes movable cranes, heavy vessels, mooring machinery, movable dam gates, or movable bridges with a rated capacity of 10 tons or more. The rated capacity for gates and bridges is the weight of the structure. Hydraulically driven machinery does not qualify. Each of the following elements shall be included in at least one of the provided projects: bearings (plain or roller), heavy vessel mooring machinery fabrication, and steel weldment.

· Marine Construction includes civil works construction projects on or near water. Each of the following elements shall be included in at least one of the provided projects:

· Cold Weather Construction with Field Work in Below-Freezing Temperatures

· Construction Over Water in Inland Marine Navigation Areas.

Provide a one-page narrative of the project that includes, at a minimum, the project name, a short description, the size (e.g. in terms of capacity or geometric extents) and dollar value (for all subfactors, as applicable to establish minimum above is met), the owner’s name and telephone number, the date of completion, the percentage of the project self-performed, whether the Offeror performed as the Prime Contractor and/or Designer, and a point of contact for the owner of the project. Information regarding the type and the extent of work completed under the contract shall be included, as well as any challenges and solutions. Demonstrate how projects the Offeror submits are comparable in scope, schedule, and complexity to the project descriptions for each subfactor (above). Explain the extent of participation by current key personnel who are anticipated to work on this project to help validate "Corporate Memory" or “Corporate Experience” that will be applicable to this project, as it increases performance confidence. Indicate in the project description if it demonstrates a prior relationship exist between the Construction Contractor, the machinery fabricator, and design firm, as it increases the relevancy of that project.

If the Offeror is unable to provide three (3) projects for a subfactor, it must provide certification the Offeror has not completed, and therefore are unable to provide, the minimum number of projects for that subfactor. The Offeror will then receive a “Neutral Confidence” rating. If the Offeror does not submit such a certification, the Government will assign a “No Confidence” rating for that subfactor.

Past Performance Evaluation Questionnaire (PPQ): The Offeror shall provide a Form PPQ-0 to the project owner’s (client) point of contact. The project point of contact shall complete the questionnaire and remit it as instructed, no later than the closing date of receipt of qualifications packages stated in the RFQ, but preferably three (3) days prior to the closing date. Offerors are encouraged to follow up on the submittal of past performance questionnaires to ensure they have been sent to the Government successfully. Offerors shall not incorporate PPQs previously submitted for other RFPs by reference into their proposal. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Evaluation Criteria

Past performance will be assessed as to the degree of confidence the Government has in the Offeror’s ability to successfully perform this project based on demonstrated recent and relevant performance. The evaluation of past performance for this factor will examine how well the Offeror, component companies of the Offeror (such as a JV), or subcontractors have performed on recent and relevant previous projects considering such criteria as overall rating; time growth, timeliness, and adherence to schedule; quality and quality control measures; management of subcontractors; overall satisfaction; and responsiveness to customer concerns. During the evaluation, the Government will give more weight to “recent and relevant” projects.

The Government will assess the past performance on projects submitted and reserves the right to conduct telephone interviews with points of contact identified. In addition, the Government may review any other sources of information for evaluating past performance on the submitted projects and any other previous work. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all Commercial and Government Entity (CAGE)/ Unique Entity ID of team members (Partnership, joint venture (JV), teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of ensuring detailed, current, accurate and complete past experience information rests with the Offeror.

There are three (3) aspects to the past performance evaluation: Recency, Relevancy, and Quality, which are described below:

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

Relevancy. The second aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance assessment. The Government places a higher value on projects which provided particularly difficult or unique challenges and the innovative methods the contractor used to resolve problems successfully. The Government also places a higher value on projects illustrating prior relationships between the Construction Contractor and Lead Designers. Experience with Federal Government or US Army Corps of Engineers (USACE) projects similar in type, size, and complexity and projects with aggressive schedules or larger than $10M will be given additional weight.

Quality. The third aspect of the past performance evaluation is to establish the overall quality of the Offeror’s past performance. The past performance evaluation conducted in support of a current source selection does not establish, create, or change the existing record and history of the Offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the Offeror performed those past contracts. The Government will review this past performance information and determine the quality of the offeror’s performance, general trends, and usefulness of the information as it applies to the performance confidence assessment.

Rating Scheme Each Offeror will be assigned a relevancy and performance confidence rating for each subfactor

Factor 2 Relevancy Rating Table

Factor 2 Performance Confidence Rating Table

5.4. EXCHANGES WITH OFFERORS AFTER RECEIPT OF PHASE I QUALIFICATIONS

During the source selection, exchanges with Offerors may include clarifications, communications, and discussions as defined in FAR 15.306, as supplemented. All such exchanges with Offerors will be documented in the contract file. After completion of the evaluation of each Phase, the SSA/KO may conduct one or more of the following exchanges as appropriate.

Clarifications - Limited exchanges between the Government and the Offerors that may occur when selection without discussions is contemplated. No Phase I qualifications revisions are allowed.

Communications - Exchanges between the Government and the Offerors that may occur to obtain sufficient information to understand and evaluate the Phase I qualifications and determine whether to include a Phase I qualification in the competitive range. No Phase I qualification revisions are allowed.

Discussions - Exchanges between the Government and the Offerors that are undertaken with the intent of allowing the Offeror to revise its Phase I qualification. Discussions do not typically apply to Phase I (RFQ).

If at any time during evaluations or discussions the Government becomes aware of an error, ambiguity, or change in the evaluation criteria or requirements, the SSA/KO shall consult with Office of Counsel concerning whether it is necessary or appropriate to amend the solicitation or resolicit. If it is necessary to change any requirements, those changes will be submitted to the SSA/KO for approval. Any approved requirements changes shall be reflected in the source selection documentation and solicitation or amendments to the solicitation.

Exchanges of source selection information after submission of the initial proposal packages between the Government and offerors will be controlled by the SSA/KO.

6. Selection of Offerors for Phase 2 (RFP) Based on the evaluation procedures and criteria described herein, at the completion of the Phase 1 evaluation process a shortlist of qualified and capable design-build teams will be invited to submit technical/price proposals for the project during Phase 2 (RFP). The Government anticipates that three firms will be shortlisted (from the RFQ responses) and invited to submit responses to the RFP;

however, the Government reserves the right to shortlist more (but not more than five) or less firms depending on the responses to the RFQ received. All Offerors will receive written notice of whether they were or were not selected to compete in Phase 2.

In Phase 2, the RFP package will be issued to the short-listed design-build teams and will specify technical and pricing criteria. Those selected for Phase 2 will have approximately 30 calendar days for submittal of Phase 2 documents. The responses to the RFP will be evaluated by the Government to select the design-build contractor for the project.

6.1 Phase 2 (RFP) Evaluation

The Government anticipates that the Phase 2 evaluation factors will be Price, Concept Schedule and Management Plan, Technical Approach, Key Personnel, and Small Business Subcontracting Approach.

7. SUBMITTAL EXPENSES AND PRE-CONTRACT COSTS.

No stipend or costs will be paid to Offerors that submit a response to the RFQ in Phase I, or to the short-listed firms invited to submit proposals to the RFP in Phase 2.

8. SAM REGISTRATION

Offeror shall be registered in SAM (System for Award Management) https://sam.gov/content/entity-landing to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation.

For assistance with SAM, please contact:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220 Service desk website: http://www.fsd.gov/

Offerors are encouraged to monitor Contract Opportunities (https://sam.gov/content/opportunities) for any amendments to the solicitation.

9. OFFEROR INQUIRIES

Offeror desiring an explanation or interpretation of the requirements, etc., must submit their questions submitted using the ProjNet system at https://www.projnet.org.

To submit a new inquiry or to view inquiries submitted by other Offerors, users must be registered and signed into the ProjNet system. Offerors may register online at https://www.projnet.org (click on “Register”).

The following information will be needed to submit or view inquiries:

Offerors shall submit inquiries not later than 10 days prior to the response date in order to ensure adequate time is allotted to form an appropriate response and amend the posting if necessary. Those who submit an inquiry will receive a system-generated email acknowledgement. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team. Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

Email your firm's Phase I submission to Roberta L. Just at roberta.l.just@usace.army.mil no later than 10:00am CT August 19, 2025, or amended date and time.

10. PROVISIONS/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.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision— Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that 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;

(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, revision, and withdrawal 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.

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

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

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

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

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

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

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

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

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

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

(1)Mark the title page with the following legend:

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

(2)Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv)A summary of the rationale for award.

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

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

(End of provision)

52.233-2 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:

Sharon M. Frank-Scheierl, Contracting Officer U.S. Army Corps of Engineers 332 Minnesota Street Suite E1500 St. Paul, MN 55101-1323

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

(End of provision)