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CLOUTER CREEK DISPOSAL (PHASE 2)
Solicitation number
W912HN-09-R-0014
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CLOUTER CREEK SOLICITATION

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Project Title: Equipment Rental for Drainage and Site Work (Phase 2) at Clouter Creek Disposal Area, Berkeley County, South Carolina

A. Description of Work: The w ork consists of furnishing all plant, equipment, labor, transporation, fuel, lubricant, supplies and materials, and performing all operations in connection w ith moving materials w ithin Clouter Creek Disposal Area. Work w ill include, but not be limited to, deepening of drainage ditches, clearing, and appurtenant items.

B. This acquisition w ill be a 100% Small Business Set-Aside IAW FAR 19.502-2. The NAICS Code is 237990 w ith a size standard of $33.5 Mil

C. MAGNITUDE OF WORK: $1 TO $5 MILLION

LISA S SIMMONS 843-329-8086

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

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

NEGOTIATED

29-Dec-2008

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______14 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 00800

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 __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Jan 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, SAVANNAH

SAVANNAH REGIONAL CONTRACTING CENTER

CHARLESTON OFFICE

69-A HAGOOD AVENUE

CHARLESTON SC 29403-5107

W912HN

PAGE OF PAGES

1 OF

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)

843-329-2320FAX:TEL: 843-329-8084 TEL: FAX:

W912HN-09-R-0014 34

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HN-09-R-0014

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum MOBILIZATION AND DEMOBILIZATIONFOB: Destination

NET AMT

0002 5,400 Hours

LONG-REACH EXCAVATOR FOUR (4) @ 1350 HOURS EACH

FOB: Destination

0003 1,350 Hours LGP BULLDOZERFOB: Destination

Attachment K Page 3 of 34

0004 1 Lump Sum UTILITY VEHICLE FOR GOVT USEFOB: Destination

Attachment K Page 4 of 34

Section 00100 - Bidding Schedule/Instructions to Bidders

SCOPE OF WORK

The work consists of furnishing all plant, equipment, labor , transportation, fuel, lubricant, supplies and materials and performing all operations in connection with moving materials within Clouter Creek disposal area. Work will include but not be limited to construction of drainage ditches, clearing, grading of existing dikes and berms, spreading of excavated materials to dry, withdrawing, construction of haul routes and appurtenant items. This site is accessible only by water.

INSTRUCTIONS TO OFFEROR

Section 00100

INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

Equipment Rental for Drainage and Site Work (Phase 2)

Clouter Creek Disposal Area Berkeley County, South Carolina

LOW PRICE PAST PERFORMANCE TRADEOFF (LPPT)

1. PROPOSAL OVERVIEW: This Request for Proposal (RFP) solicits the Equipment Rental for Drainage and Site Work (Phase 2) at the Clouter Creek Disposal Area, Berkeley County, South Carolina. This will be a Firm-Fixed Price (FFP) contract. The purpose of the Source Selection Evaluation Criteria is to establish a uniform evaluation procedure for the technical evaluation by the Source Selection Evaluation Board (SSEB), and development of a selection decision by the Source Selection Authority (SSA), using the Low Price Past Performance Tradeoff (LPPT) source selection process. In as much as the proposal shall describe the capability of the Offeror to perform any resulting contract, the proposal should be specific and complete in every detail. The proposal should be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the contract. The proposal should be practical, legible, clear, and coherent.

• 1.1 Proposal Submissions and the Low Price Past Performance Tradeoff Process. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Offerors submit their Corporate Relevant Specialized Experience information for review and consideration by the Government. Following the review, evaluation, and rating of these proposals, the Government will evaluate price proposals for contractors that have acceptable technical proposals. The technical information contained in the proposals shall be reviewed and evaluated by the Government in accordance with the evaluation criteria provided in paragraph 4, Evaluation and 6, Rating Methodology. The SSEB reviews, evaluates, and rates the proposals against the source selection criteria in the RFP. Price information will not be rated, but will be evaluated in accordance with FAR Part 15, funding limitations set out in Section 0010 – Bid Schedule, and in comparison to other Offeror’s price proposals. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented.

2. PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Who May Submit. Any legally organized Small Businesss (SB) may submit a proposal.

2.2 Where to Submit. Offerors shall submit their proposals to the Savannah District at the address shown in Block 7 of the Standard Form 1442.

Attachment K Page 5 of 34

2.3 Submission Deadline. Proposals shall be received no later than the time and date specified in Block 13 of Standard Form 1442.

2.4 General Requirements.

2.4.1 In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failure to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section.

2.4.2 Tabs. Proposal shall be organized and tabbed as shown in paragraph 2.5 Submission Format.

2.4.3 Size of Printed Matter Submissions.

2.4.3.1 Written materials shall be prepared on 8-1/2" x 11" paper.

2.4.4 Number of Copies. Offerors shall submit one (1) hard copy of Volume I and four (4) hard copies of Volume II of their Proposal. Volume II shall also be submitted on a CD-ROM.

2.5 Submission Format.

2.5.1 The proposals shall contain a detailed table of contents. If more than one binder is used, the complete table of contents shall be included in each. Any materials submitted but not required by the solicitation, (such as company brochures), shall be relegated to appendices. The Proposal will be tabbed and submitted in a three ring binders in the following format:

VOLUME I: CONTRACT REQUIREMENTS AND PRICE PROPOSAL

TAB A – SF 1442, completed and signed by an authorized person from the company or team

TAB B – Section 00010 – Supplies or Services and Price/Costs Schedule

TAB C – Section 00600 – Representations and Certifications

TAB D – PROPOSAL DATA SHEET – See the format provided in this Section. Ensure to include Offeror’s telephone number, FAX number, e-mail address and DUNS number. Duns number will be used to accesses CCASS data. Joint Ventures (J-V) must submit a DUNS number for each member of the J-V. If a separate DUNS has been created for the J-V it must be submitted as well. Offeror may use Attachment I at the end of this of this section to provide this information.

TAB E – Bid Bond

TAB F – Financial Information (e.g. Latest Financial Statement, Annual Reports, Dun and Bradstreet ratings and/or number, etc.) A bank reference, and a letter from your company on company letterhead authorizing the release of financial information from your bank, with point of contact and telephone number for verification.

TAB G – Not Used.

VOLUME II – Technical Proposal

TAB H– FACTOR 1: TECHNICAL PROPOSAL SHALL NOT INCLUDE ANY COST INFORMATION.

TAB H – FACTOR 1: CORPORATE REVELANT SPECIALIZED EXPERIENCE

Attachment K Page 6 of 34

3. TECHNICAL PROPOSAL SUBMISSION REQUIREMENTS.

3.1 FACTOR 1: CORPORATE RELEVANT SPECIALIZED EXPERIENCE (VOLUME II TAB J). The Government will review example projects provided by the Offeror to evaluate and rate the recent experience of the Offeror in similar projects. The Offeror shall be experienced in the process of heavy equipment rental and the construction of drainage ditches, clearing, and grading existing dikes and berms, and construction haul routes. It should be noted that the site is only accessible by water. Years of experience working in this type of soil environment shall be within the last five years. The Offeror shall provide references that demonstrate a minimum of two years successful experience on projects similar to this project. The Offeror shall have successfully completed the construction of two such projects within five years from the date of the solicitation. The minimum requirement to have successfully completed two similar projects and minimum of two years experience will be considered in determining whether the Offeror is qualified to perform the work in accordance with Federal Acquisition Regulation. Experience of key personnel will be credited under this factor.

3.2 Contractor Team Arrangements: Contractor Team Arrangements are considered an arrangement in which (1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) A potential prime contractor agrees with one or more other companies to have them act as its sub-contractors under a specified Government contract or acquisition program. Failure to perform with these subcontractors may be grounds for termination for default of a resultant contract. Offeror proposed team arrangements, and company relationships shall be fully disclosed in the proposal. All prospective Joint Ventures must comply with Part 13 Code of Federal Regulations (CFR) 124.513. For reference and evaluation purposes the Offeror shall identify sub-contractors that will perform major or critical aspects of the requirement, and the major or critical aspects to be performed by those identified in the contractor team arrangement.

3.3 Offeror’s Submission Requirements

3.3.1 Offerors shall submit with their offer the following information to aid in the evaluation of corporate relevant specialized experience and determination of responsibility: Documentation showing successful experience on projects similar to this project covering a minimum of two years and information showing the Offeror has successfully completed 2 or more such projects.

(1) Location, Name, General Description (Scope of Work) of similar contracts and dates construction began and was completed.

(2) Point of contacts (names, telephone numbers and addresses) for all submitted references so individuals may be contacted for verification.

3.3.2 Offerors may use Attachment 3 at the end of this section.

4. TAB I – Factor 2: OFFEROR PAST PERFORMANCE INFORMATION

4.1 Submission Requirements.

4.1.1. Past Performance Information Sheets. The offeror shall complete and provide a Past Performance Project Information Sheet on three projects described below. Past performance Information Sheets shall also be completed for those parties identified in any proposed Joint Venture or Contractor Team Arrangement. A sample Past Performance Information Sheet is included in Attachment 2 at the end of this section.

4.1.2 Offeror shall identify three (3) projects completed, or substantially completed in the past three years of similar scope and complexity to this project to be used for reference and evaluation purposes and provide a questionnaire to the Point of Contact for each project listed. When completed these forms shall be mailed or e-mailed to the Savannah District Contract Specialist identified in the sample transmittal letter provided. It is the contractor’s responsibility to ensure that the reference documentation is provided as the Government may not make additional

Attachment K Page 7 of 34 requests for past performance information from the references. The evaluation form shall be provided to the Savannah District directly from the reference.

4.1.3 If the Offeror is made up of separate construction companies that have combined for this project, then Past Performance Questionnaires must be completed twice (once for each company).

4.1.4 Contractor Team Arrangements. Contractor Team Arrangements are considered an arrangement in which (1) two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

4.1.5 Offeror proposed teaming arrangements, as defined above, and company relationships shall be fully disclosed in the proposal. All prospective Joint Ventures must comply with Part 13 Code of Federal Regulations (CFR)

124.513. For reference and evaluation purposes the Offeror shall identify the major or critical aspects to be performed by those identified in the Contractor Team Arrangement.

4.1.6 Projects from which questionnaires are received shall have been completed or substantially completed within three years of the date of the solicitation.

4.1.7 Other Sources. The Government may contact sources other than those provided by the Offeror for information with respect to past performance. These other sources may include CCASS (Construction Contractor Appraisal Support System), telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability.

4.1.8 The experience of individuals will not be credited under this factor.

5. EVALUATION

The Government will evaluate whether the Offeror has performed similar work for a minimum of two years within five years from the date of the solicitation. The Government will also evaluate whether the Offeror has performed a minimum of two similar contracts within five years from the date of the solicitation. Completed Data Sheets shall be used as a basis to begin the evaluation of this factor. The Government will review the example construction projects provided by the Offeror to evaluate the relevant specialized experience of the Offeror with similar projects;

this will include the experience of team members and key personnel. If the Offeror cannot demonstrate the minimum acceptable relevant experience the evaluation will result in a rating of “NO GO.”

5. INDIVIDUAL PROPOSAL RATING WORKSHEETS

5.1 A Proposal Rating Worksheet is provided as Attachment 3 that the evaluators will use to review and rate the individual proposals.

5.2 During the consensus evaluation, a single “consensus rating” worksheet shall be completed for each proposal and signed by all the evaluators. It is imperative that comments and supporting rationale for the rating assigned be included on the consensus sheet.

6. RATING METHODOLOGY - OVERALL PROPOSAL RATING

6.1 The Government evaluation team will consider all information provided in the proposal individually. Once these individual analyses are completed, the team will meet and determine a rating by consensus decision.

6.1.1 Yes-No Ratings. Where the specific evaluation sheets indicate a YES-NO Rating, these items shall be treated as information items. They are included in the evaluation worksheets to assure a similar focus among the evaluators and to ensure that individual evaluators do not overlook proposal information provided.

Attachment K Page 8 of 34

6.1.2 GO-NO GO Ratings.

6.1.2.1 GO. The Technical proposal meets or exceeds minimum level of acceptability standards in the solicitation .

6.1.2.2. NO-GO. The proposal does not meet the minimum level of acceptability.

6.2 As a result of the consensus rating, each proposal will be assigned a single overall GO or NO-GO rating. This final overall rating will be provided to the Contracting Officer/Source Selection Authority.

6.3 It is the responsibility of the Source Selection Evaluation Board to document reasons for the GO or NO-GO rating for the overall rating.

7. EXCEPTIONS. Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in a determination to reject a proposal.

8. RESTRICTIONS. Failure to submit all the data in the format indicated in this section may be cause for determining a proposal incomplete and, therefore, not considered for evaluation, and for subsequent award.

9. PRICE.

9.1 The Government will perform a price analysis on all proposals received. Price analysis will be performed in accordance with FAR 15.404-1, to determine completeness, reasonableness, and understanding of the work. The evaluation will determine the adequacy of the offer in fulfilling the requirements of the proposal. Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP.

Reasonableness will be established using historical price information, price competition information, the IGE, and any other pricing tools necessary.

9.2 Price will not be scored, but will be a factor in establishing the competitive range prior to discussions (if held) and in making the final best value determination for award.

10. BASIS FOR AWARD

10.1 Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness, technical acceptability and responsibility. Award will be made to a esponsible, responsive bidder, with a responsibility determination made in accordance with Federal Acquisition Regulation (FAR) 9.1.

10.2 In order to determine which proposal represents the best overall value, the Government will compare proposals to one another. The Government will award a contract to the responsible Offeror whose technical submittal and price proposal contains the combination of those criteria described in this document offering the best overall value to the Government. Best value will be determined by a comparative assessment of proposals against all source selection criteria in this RFP.

10.3 The Government reserves the right to reject any and all offers.

10.4 Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interests of the Government.

Attachment K Page 9 of 34

ATTACHMENT 1

VOLUME I – TAB D

PROPOSAL DATA SHEET

1. Name of Firm:

Address:

Phone:

Fax:

E-mail:

Duns # (used for accessing CCASS)

If a joint venture or contractor-subcontractor association of firms, list the individual firms and briefly describe the nature of the association and provide a DUNS number for each firm.

Firm 1:

Firm 2:

Firm 3:

Nature of Association:

2. AUTHORIZED NEGOTIATORS. FAR 52.215-11

The Offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this Request for Proposals (RFP).

Name of Person Authorized to Negotiate:

Negotiator's Address:

Negotiator's Telephone:

Negotiator’s E-mail:

Attachment K Page 10 of 34

ATTACHMENT 2

VOLUME II – TAB I

FACTOR 2: OFFEROR PAST PERFORMANCE INFORMATION

1. On an attached sheet, provide information for three (3) projects completed, or substantially completed in the past five years of similar scope and complexity to this project to be used for reference and evaluation purposes and provide a questionnaire to the Point of Contact for each project listed. These should be the same projects for which questionnaires have been provided to the Procurement Point of Contact. If the offeror is made up of separate construction companies that have combined for this project, then this item must be completed twice (once for each company). For each project provide the information shown. Failure to provide this minimum information may result in lower ratings.

2. For each project provide the following information:

Project Title:

Location:

Contract number:

Procuring activity:

Procurement point of contact and telephone number:

List date of construction completion or percent completion if construction is underway:

Address of building(s):

Address and telephone number of owner:

Indicate type of project (private sector, Government, planned unit development, etc.):

General character:

Total cost:

Total cost of all modifications:

3. LIQUIDATED DAMAGES. On an attached sheet, list any projects within the last three years that have been assessed liquidated damages. Provide an explanation.

4. TERMINATED PROJECTS. On an attached sheet, list any projects within the last three years that have been terminated. Provide an explanation.

5. GOVERNMENT PROJECTS. On an attached sheet, list all contracts with the Government within the last three years. Indicate Government contract number and contracting agency (with contact names and telephone numbers).

Attachment K Page 11 of 34

SAMPLE TRANSMITTAL LETTER

AND

PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Date: _________________

To: ______________________________________

We have listed your firm as a reference for work we have performed for you as listed below. Our firm has submitted a proposal under a project advertised by the U.S. Army Corps of Engineers, Savannah District. In accordance with Federal Acquisition Regulations (FAR), an evaluation of our firm's past performance will be completed by the Corps of Engineers. Your candid response to the attached questionnaire will assist the evaluation team in this process.

We understand that you have a busy schedule and your participation in this evaluation is greatly appreciated. Please complete the enclosed questionnaire as thoroughly as possible. Space is provided for comments. Understand that while the responses to this questionnaire may be released to the offeror, FAR 15.306 (e)(4) prohibits the release of the names of the persons providing the responses. Complete confidentiality will be maintained. Furthermore, a questionnaire has also been sent to ____________________ of your organization. Only one response from each office is required. If at all possible, we request that you individually answer this questionnaire and then coordinate your responses with that of ________________________, to develop a consensus on one overall response from your organization.

Please send your completed questionnaire to the following address to arrive NOT LATER THAN 2:00P.M.

(EST), 28 January 2009

Mailing Address:

Savannah Regional Contracting Center Attn: Lisa Simmons Charleston Office 69A Hagood Avenue Charleston, SC 29403

The questionnaires can also be e-mailed to lisa.s.simmons@usace.army.mil. If you have questions regarding the attached questionnaire, or require assistance, please contact Lisa Simmons (843) 329-8086.

Attachment K Page 12 of 34

PAST PERFORMANCE EVALUATION QUESTIONNAIRE

Equipment Rental for Drainage and Site Work (Phase 2)

Upon completion of this form, please send directly to the US Army Corps of Engineers, Savannah District at Charleston, 69A Hagood Ave, Charleston, SC 29403, Attn: Lisa Simmons or e-mail to lisa.s.simmons@usace.army.mil

1. Contractor/Name & Address (City and State):

2. Type of Contract: Fixed Price ________ Cost Reimbursement ________ Other (Specify) ________________________________

3. Contract Number: _____________________________________________________________________

4. Description of Work: (Attach additional pages as necessary)

5. Complexity of Work: High ________ Mid _________ Routine __________

6. Location of Work:______________________________________________

7. Date of Award: ________________________

8. Status: Active _________ (provide percent complete)

Complete __________ (provide completion date)

9. Name, address and telephone number of Contracting Officer’s Technical Representative:

Attachment K Page 13 of 34

10. QUALITY OF WORK:

Evaluate the contractor's performance in complying with contract requirements, quality achieved and overall technical expertise demonstrated.

Outstanding Quality

Above Average Quality

Satisfactory Quality

Marginal Quality

Unsatisfactory or Experienced Significant Quality Problems

Remarks: __________________________________________________________________

11. TIMELINESS OF PERFORMANCE:

To what extent did the contractor meet the contract and/or individual task order schedules if the contract was an indefinite delivery type contract?

Completed Substantially Ahead of Schedule (Outstanding)

Completed Ahead of Schedule (Above Average)

Completed on Schedule with Minor Delays Under Extenuating Circumstances (Satisfactory)

Completed Behind Schedule (Marginal)

Experienced Significant Delays without Justification (Unsatisfactory)

Attachment K Page 14 of 34

12. CUSTOMER SATISFACTION:

To what extent were the end users satisfied with:

Quality

Cost

Schedule

Exceptionally Satisfied (Outstanding)

Highly Satisfied (Above Average)

Satisfied (Satisfactory)

Somewhat Dissatisfied (Marginal)

Highly Dissatisfied (Unsatisfactory)

13. SUBCONTRACTOR MANAGEMENT

How well did the contractor manage and coordinate subcontractors, suppliers, and the labor force?

Outstanding management and coordination of subcontractors

Above Average management and coordination of subcontractors

Satisfactory management and coordination of subcontractors

Marginal management and coordination of subcontractors

Unsatisfactory management and coordination of subcontractors

Attachment K Page 15 of 34

14. IF GIVEN THE OPPORTUNITY, WOULD YOU WORK WITH THIS CONTRACTOR AGAIN?

Yes ___________ No ____________ Not Sure ____________

15. OTHER REMARKS:

Use the space below to provide other information related to the contractor's performance. This may include the contractor's selection and management of subcontractors, flexibility in dealing with contract challenges, their overall concern for the Government's interest (if applicable), project awards received, etc.

Attachment K Page 16 of 34

ATTACHMENT 3

VOLUME II – TAB H

FACTOR 1: CORPORATE RELEVANT SPECIALIZED EXPERIENCE

(Offerors should submit at least two projects).

On an attached sheet, provide information for projects demonstrating experience in the process of heavy equipment rental and the construction of drainage ditches, clearing, and grading existing dikes and berms, to be used for reference and evaluation purposes. For each project provide the following information:

Project Title:

Location:

Contract number:

Nature of involvement in this project, i.e. General Contractor, subcontractor, designer:

Procuring activity:

Procurement point of contact and telephone number:

List date construction began and was completed:

If construction is not complete, give current percentage of completion.

Address of building(s):

Address and telephone number of owner:

Indicate type of project (private sector, Government, etc.):

General character of work:

Total cost:

Attachment K Page 17 of 34

PROPOSAL RATING WORKSHEET

FACTOR - 1

CORPORATE RELEVANT SPECIALIZED EXPERIENCE

1. General: Evaluators will use this item to document receipt of Proposal Information for Corporate Relevant Specialized Experience.

Does the offeror have two years of specialized experience working with heavy equipment and the construction of drainage ditches, clearing, and grading existing dikes and berms within eight years from the date of the solicitation?

____ YES ___NO

Does the offeror have two or more projects with experience on projects similar to this project? ____ YES ___NO

2. Evaluate the Offerors provided example projects. Do the projects involve working with heavy equipment, and the construction of drainage ditches, clearing, and grading existing dikes and berms? Was the Offeror in charge of the example projects?

/__/ GO

/__/ NO – GO

Include comments to support the rating with respect to the example projects included in the proposal.

OFFEROR:__________________________

OTHER COMMENTS.

Attachment K Page 18 of 34

CONSENSUS RATINGS

FACTOR 1 – Corporate Relevant Specialized Experience

/__/ GO

/__/ NO – GO

COMMENTS TO SUPPORT RATING

Attach additional sheets to this rating summary if necessary to provide supporting rationale for assignment of the rating.

Offeror: __________________ Board Chairperson _________________

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

Attachment K Page 19 of 34

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

MAY 2002

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

252.204-7001 Commercial And Government Entity (CAGE) Code Reporting

AUG 1999

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: [insert telephone number] .

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

Attachment K Page 20 of 34

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

30% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Clouter Creek Disposal Area, Berkeley County, South Carolina

Attachment K Page 21 of 34

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 Savannah Regional Contracting Center Charleston Office 69A Hagood Avenue Charleston, SC 29403

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

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

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

http://www.arnet.gov/far

(End of provision

Attachment K Page 22 of 34

Section 00600 - Representations & Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $33.5 Mil.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Attachment K Page 23 of 34

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.204-4005 Online Representations and Certifications Application (ORCA).

Beginning January 1, 2005, the Federal Acquisition Regulation (FAR) requires the use of ORCA in Federal solicitations as a part of the proposal submission process. ORCA is a web-based system that centralizes and standardizes the collection, storage and viewing of many of the representations and certifications required by the Federal Acquisition Regulations and previously found in solicitations. Prospective contractors must complete the electronic representations and certifications through ORCA at http://orca.bpn.gov. The representations and certifications submitted to ORCA must be updated as necessary but at least annually to maintain an active status. In addition to the use of ORCA as required by other clause or clauses in this solicitation, prospective contractors must complete the representations and certifications included in this solicitation.

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST

COUNTRY (OCT 2006)

(a) "Definitions."

As used in this provision --

(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, North Korea, Sudan, and Syria.

(3) "Significant interest" means --

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtness of a firm.

(b) "Prohibition on award."

In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, Attachment K Page 24 of 34 the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) "Disclosure."

If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.

The disclosure shall include --

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government.

Attachment K Page 25 of 34

Section 00700 - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-6 Davis Bacon Act JUL 2005 52.222-8 Payrolls and Basic Records FEB 1988 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-16 Approval of Wage Rates FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-6 Drug-Free Workplace MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997

Attachment K Page 26 of 34

52.228-11 Pledges Of Assets FEB 1992 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2008 52.232-23 Assignment Of Claims JAN 1986 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.243-6 Change Order Accounting APR 1984 52.246-12 Inspection of Construction AUG 1996 52.248-3 Value Engineering-Construction SEP 2006 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2004

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

OCT 2006

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.215-7003 Excessive Pass-Through Charges--Identification of

Subcontract Effort

MAY 2008

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988

Attachment K Page 27 of 34

252.225-7012 Preference For Certain Domestic Commodities MAR…

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