10-R-0027.pdf

Project Title: Recovery-Project Number 11148201, Bank Stabilization Rediversion Canal Highw ay 35, St. Stephen Pow erhouse, St. Stephen, Berkeley County, South Carolina.

Description of Work: This project consists of furnishing all plant, labor, materials, and equipment for the placement of riprap and incidental related w ork for bank stabilization and erosion control of the Highw ay 35 bridge located across the intake canal to the St Stephen Pow erhouse, St. Stephen, Berkeley County, South Carolina. The North side w ill be the base bid. The South side w ill be Option 1.

Project Magnitude: $1,000,000 to $5,000,000

This acquisition w ill be a competitive 100% Total Small Business Set-Aside. The NAICS Code is 237990 w ith a size standard of $33.5 Mil.

ANGELA KELLY 843-329-8060

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

14-May-2010

(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 _______15 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 0800

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 __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Jun 2010 (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

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON

DISTRICT, CONTRACTING DIVISION

69-A HAGOOD AVENUE

CHARLESTON SC 29403

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)

843-329-2322FAX:TEL: 843-329-8060 TEL: FAX:

W912HN-10-R-0027 48

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-10-R-0027

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE ITEM-HWY 35 NorthFOB: Destination

NET AMT

0001AA 1 Lump Sum Mobilization and DemobilizationFOB: Destination

0001AB 1 Lump Sum Bank PreparationFOB: Destination

0001AC 1 Lump Sum GeotextileFOB: Destination

0001AD 4,200 Ton Riprap First QuantityAll Quantities Are Estimated.

FOB: Destination

0001AE 1,300 Ton Riprap All Over QuantityAll quantities are estimated.

OPTION OPTION-Highway 35 SouthFOB: Destination

0002AA 1 Lump Sum OPTION Mobilization and DemobilizationFOB: Destination

0002AB 1 Lump Sum OPTION Bank PreparationFOB: Destination

0002AC 1 Lump Sum OPTION GeotextileFOB: Destination

0002AD 2,000 Ton OPTION Riprap First QuantityAll quantities are estimated.

0002AE 900 Ton OPTION Riprap All Over QuantityAll quantities are estimated.

Total Base Bid (CLIN 0001AA-0001AE) ____________________

Total Option Bid (CLIN 0002AA-0002AE) ___________________

Total (Base Plus Option) ____________________

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTION TO OFFERORS

SECTION 00100

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. OVERVIEW.

1.1 This Request for Proposal (RFP) solicits for Cooper River Rediversion Project which includes the furnishing of all plant, labor, materials, and equipment for the placement of riprap and incidental related work for bank stabilization and erosion control of the Highway 35 Bridge located across the intake canal to the St Stephen Powerhouse, St. Stephen, Berkeley County, South Carolina. The North side will be the base bid. The South side will be Option 1. The resultant contract will be Firm-Fixed Price.

1.2 The purpose of the Source Selection plan is to establish a uniform evaluation procedure for the technical evaluation of proposals by the Source Selection Evaluation Board (SSEB) and the development of the Best Value Decision by the Source Selection Authority (SSA) using the Trade-Off Process (See Federal Acquisition Regulation 15.101-1). In as much as the proposal shall describe the capability of the Offeror to perform the resulting contract, the proposal should be specific and complete in every detail as well as be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the contract.

1.3 For the purposes of this solicitation, the Government will utilize a Price Performance Trade-off (PPT) Process. In the PPT process, interested Offerors submit certain specified performance and capability proposals in conjunction with price proposals for review and consideration by the Government. The Government will evaluate these performance capability proposals in accordance with the criteria described herein.

2. GENERAL INSTRUCTIONS

2.1 Any legally organized Offeror who is classified as a Small Business under the identified NAICS Code may submit a proposal. Associations may be joint ventures or include key team subcontractors.

2.2 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 subcontractors under a specified Government contract or acquisition program. In accordance with FAR Subpart 9.6, the Government will recognize the integrity and validity of contractor team arrangements; provided, the arrangements are identified and company relationships are fully disclosed in the offer. The Offeror shall identify the major or critical aspects of the requirement to be performed by those identified in the Contractor Team Arrangement. The submission must contain a narrative that clearly explains the relevance to a particular factor of information concerning a company that is part of a Contractor Team Arrangement. The Government will consider the adequacy of this explanation in deciding the relevance of the information to this procurement.

2.3. Information required in Tab E:

2.3.1. The Offeror shall identify the major or critical aspects of the requirement to be performed through associations as a Contractor Team Arrangement or any other arrangement or association. The submission must contain a narrative that clearly explains the relevance to a particular factor of information concerning a company that is part of a Contractor Team Arrangement.

2.3.2 Information submitted about any company other than the Offeror, whether a predecessor company, affiliated company, subsidiary (including wholly owned subsidiaries), subcontractors that will perform major or critical aspects of this requirement, or other associated business, WILL NOT be evaluated for any factor unless the proposal contains a detailed narrative explaining why this submitted information is relevant to this acquisition.

2.3.4. Information about subcontractors may not be given much weight unless the proposal contains some evidence that the subcontractor is committed to perform the work. Where information about a subcontractor is properly submitted and given significant weight during the evaluation, the failure of the Offeror to actually perform with that subcontractor may be grounds for termination for default.

2.3.5 The Government will consider the adequacy of this explanation in deciding the relevance of the information to this procurement.

2.4 Information submitted about any company other than the Offeror, whether a predecessor company, affiliated company, subsidiary (including wholly owned subsidiaries), subcontractors that will perform major or critical aspects of this requirement, or other associated business, WILL NOT be evaluated for any factor unless the proposal contains a detailed narrative explaining why this submitted information is relevant to this acquisition. The Government will consider the adequacy of this explanation in deciding the relevance and weight of the information to this procurement. Information about subcontractors may not be given much weight unless the proposal contains some evidence that the subcontractor is committed to perform the work. Where information about a subcontractor is properly submitted and given significant weight during the evaluation, the failure of the Offeror to actually perform with that subcontractor may be grounds for termination for default.

2.5 Offerors shall submit their proposal to the address shown in Block 7 of Standard Form 1442.

2.6 Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442.

3. GENERAL PROPOSAL FORMAT:

3.1 Title Page. Include the title of the solicitation, solicitation number, Offeror name, and date of the submittal.

3.2 Table of Contents. Each volume of the proposal 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 this solicitation (such as company brochures) shall be relegated to appendices.

3.3 Printed Matter Submissions. Written material shall be on 8 ½ x 11 inch paper printed in no less than a 10 pitch or 10 font. Page limitations, where specified in the RFP, shall be considered a maximum. Pages in excess of any specified limitation shall not be evaluated. A single 8 ½ x 11 inch sheet with written material on one side only shall constitute one page. However, if both sides of the sheet bear written material then this single sheet shall be counted as two pages.

3.4 Binders. Proposals shall be submitted in tabbed, three ring binders.

3.5 Number of Copies. Offerors shall submit an original and one (1) hard copy of Volume One and an original and three (3) hard copies of Volume Two.

3.6 Tabs. Proposal shall be organized and tabbed as follows:

VOLUME I

TAB A – Standard Form 1442, completed and signed by authorized individual(s) of the Offeror. Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal.

TAB B – Proposal Pricing Schedule, Section 00010—Schedule B, Pricing schedule.

TAB C - Section 00600 – Representations and Certifications.

TAB D – Proposal Data Sheet – See Attachment 1 provided at the end of this section. Offerors should ensure telephone number; fax number, e-mail address and DUNS number are all included. DUNS number will be used to access Past Performance Information Retrieval System (PPIRS) data. Offerors should also provide any other assigned number that identifies them in the PPIRS database. If a separate DUNS has been created for a joint venture (J-V) it must be submitted. A DUNS number shall also be provided for each company identified in any other proposed association of firms or Contractor Team Arrangement.

The offeror should also submit their Tax ID number on the proposal data sheet.

TAB E – Team Arrangements. See paragraphs 2.2, 2.3, and 2.4. The explanation required by paragraph

2.3 shall be limited to 2 pages. This two-page narrative is in addition to any signed Teaming Arrangement provided. Offerors are reminded that the Government will consider the adequacy of this explanation in deciding the relevance of the information to this procurement. Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 SFR Part 124 and 13 CFR Part 126 respectively.

TAB F - Bid Guarantee —A Bid Guarantee will be required in accordance with FAR clause 52.228-1, Bid Guarantee. Offers submitted in the name of a Joint Venture must submit a Bid Guarantee signed in accordance with the joint venture agreement. This item is not rated. However, the Government will review the bid bond for legal sufficiency. Any bid bond found to be legally insufficient may render an offer ineligible for award. Facsimile and photocopied Bid Guarantees are not acceptable.

TAB G –Financial Information & Bonding Capability (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings and/or number, etc.) Provide a list of all current contracts held, total dollar value, award date, anticipated completion, performance and payment bond amount.

VOLUME II-(This Volume Shall Not Include Any Cost Information)

TAB H – PAST PERFORMANCE INFORMATION

4. TAB H – PAST PERFORMANCE INFORMATION

4.1 SUBMISSION REQUIREMENTS:

4.1.1 Past performance refers to the quality of recent project experience from the owner’s perspective.

The prime construction contractor shall complete and provide a Past Performance Assessment Sheet on no more than five (5) projects, which meet the criteria described in paragraph 4.2.3 below using Attachment 2. Projects shall be clearly numbered. The submission of each Past Performance Assessment Sheet shall not exceed four (4) pages. The Offeror shall provide clear and adequate information in response to the past performance elements identified on Attachment 2. If any firm has multiple functions or divisions, limit the project examples to those performed by the division, unit or team member submitting the offer. Additional Past Performance Assessment Sheets may be submitted for consideration on any other member of a Teaming Arrangement as defined in paragraph 2.2 that will perform a major or critical aspect of the project. Past performance, information submitted on a team member who does not perform a major or critical role on the project or whose role has not been clearly or adequately described as required will not be considered. Projects included on the Past Performance Assessment Sheets shall be successfully completed, or substantially completed (60% or more) within five (5) years preceding the date of this solicitation. The Government will call and confirm information provided by the offeror on the Past Performance Assessment Sheet with the points of contact to the extent necessary to conduct a meaningful evaluation. The Government reserves the right to interview other individuals if the point of contact is not available.

4.1.2 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 but are not limited to:

Past Performance Information Retrieval System (PPIRS), other Government sources, and telephone interviews with organizations or individuals familiar with the Offeror’s performance. CCASS ratings on all relevant projects submitted by the Offeror under Tab H as well as up to 10 CCASS ratings on relevant projects in accordance with 4.2.3 will be considered.

4.1.3 The past performance of individuals will not be credited under this factor.

4.2 EVALUATION CRITERIA:

4.2.1 The Government will evaluate the Offeror's past performance using the sources available to it including but not limited to: the example projects identified by the Offeror and submitted on the Past Performance Assessment Sheets and any additional information received from references and CCASS.

Offerors may be provided an opportunity to address any negative past performance information about which the Offeror has not previously had an opportunity to respond if such information is determined to present an impact on the rating to be assessed.

4.2.2 The Government will consider past performance of the prime construction. If a firm has multiple functions or divisions, the Government will only evaluate the past performance of the unit or division submitting the offer. The Government may also consider the past performance information submitted on any other team member. However, in accordance with paragraphs 2.2 and 2.4, above, the consideration and weight given to past performance information concerning other than the prime contractor will be based on the extent of involvement of the team member in the project and the adequacy of the proposal in identifying and addressing such arrangements and roles. Past performance information submitted on a team member who does not perform a major or critical role on the project or whose role has not been clearly or adequately described as required will not be considered

4.2.3 The Government will consider relevant projects that are successfully completed, or substantially completed (60% or more) within 5 years preceding the date of the solicitation. To be deemed relevant, projects must comply with criteria specified herein and meet the specified minimum criteria referenced in

4.2.3.1 below.

4.2.3.1 Minimum Criteria: Projects submitted by the Offeror shall be:

4.2.3.1.1 A single project or contract with a value of a least $500,000

4.2.3.1.2 Performance on projects in and around bodies of water that involved bank stabilization and erosion control or rip rap placemen

4.2.3.1.3 The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The Government places higher value on projects for which successful performance can be validated by means other than the offeror’s self-assessment such as through independent telephone interviews with points of contact identified in the proposal, CCASS or other agency performance databases, Offeror furnished references or personal knowledge. The Government places a higher value on projects which provided particularly difficult or unique challenges and the innovative methods the Offeror used to resolve problems successfully.

4.2.4 Offerors are cautioned that the submission of each Past Performance Assessment Sheet shall not exceed four (4) pages and that Government evaluators will review and evaluate only the information contained on the first four (4) pages.

4.3 The Government will evaluate past performance based on the elements listed below:

4.3.1 Quality of Construction. The Government will evaluate all information available with respect to the quality of the actual construction undertaken and the standards of workmanship exhibited by the Offeror.

4.3.2 Timeliness of Performance. The Government will evaluate all information available with respect to the completion of projects within the scheduled completion times.

4.3.3 Customer Satisfaction. The Government will evaluate all information available with respect to customer satisfaction, cooperation with customers, and interaction on past projects.

4.3.4 Subcontractor Management. The Government will evaluate all information available with respect to effective management of subcontractors on past projects.

4.3.5 Safety. The Government will evaluate all information available with respect to the contractor’s safety program or efforts.

4.4 If the Government does not obtain past performance information for the projects identified by the Offeror and cannot establish a past performance record for the Offeror through other sources, past performance will be rated neither favorably nor unfavorably. Also, Offerors who identify has having no relevant past or present performance history shall receive the rating “neutral,” meaning the rating is treated neither favorably or unfavorable.

5. Reserved

6. Reserved

7. EVALUATION STANDARDS. Evaluation factors will be rated using the following adjectival descriptions. Evaluators will apply the appropriate adjective to each factor rated. The evaluator’s narrative explanation must clearly establish that the Offeror’s submittal meets the definitions established below. As each factor is evaluated an assessment of Performance Risk will be made. Performance Risk relates to the assessment of an Offeror's present and past work and accomplishments to determine the Offeror's ability to successfully perform as required.

7.1 OUTSTANDING - No doubt exists that the Offeror will successfully perform the required effort based on their performance record. The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. The proposal contains no significant weaknesses, deficiencies or disadvantages and presents very low risk that it will not be successful. This clearly achievable approach includes numerous advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in outstanding performance.

The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements.

7.2 ABOVE AVERAGE - Little doubt exists that the Offeror will successfully perform the required effort based on their performance record. The proposal demonstrates a sound approach which is expected to meet all requirements and objectives and exceed some. Any weaknesses noted in the proposal are minor and should not seriously affect the Offeror’s performance and presents low risk that it will not be successful. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in above average performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, reasonably supported, and demonstrate an understanding of the requirements.

7.3 SATISFACTORY - Some doubt exists that the Offeror will successfully perform the required effort based on their performance record. If the Offeror has no record of relevant past performance upon which to base a meaningful performance risk prediction, this rating will be assigned for Past Performance. The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The Offeror may satisfactorily complete the proposed tasks, but there is at least a moderate risk that it will not be successful. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements.

7.4 MARGINAL - Significant doubt exists that the Offeror will successfully perform the required effort based on their performance record. The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The Offeror may satisfactorily complete the proposed tasks, but there is a high risk that it will not be successful. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions are further considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements.

7.5 UNSATISFACTORY - It is extremely doubtful that the Offeror will successfully perform the required effort based on their performance record. The proposal demonstrates an approach which will very likely not be capable of meeting all requirements and objectives. In terms of a specific factor, the Offeror fails to meet the minimum requirements and there is unacceptably high risk that it will not be successful. This approach has numerous disadvantages of substance, and advantages which, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will not result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement.

8. RELATIVE IMPORTANCE OF FACTORS

8.1 NON-COST FACTORS:

FACTOR 1: PAST PERFORMANCE

8.2 PRICE: All non-cost factors, when combined, are equal to Price.

9. PROPOSAL EVALUATION.

9.1 The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal, proposal corrections and any information obtained from other sources, e.g. past performance information. The SSEB will not consider any documents incorporated by reference, except as expressly allowed by this solicitation.

9.2 Each member of the SSEB will independently consider all information provided in the proposal. Once these individual analyses are completed, the SSEB will assign a consensus rating for each evaluation factor. It is the responsibility of each member of the SSEB to provide and document sufficient strengths, weaknesses, and/or deficiencies to support the assigned rating for each factor as well as the overall rating.

Comments are required for all ratings.

9.3 The final overall rating along with ratings on individual factors, to include all support documentation, will be provided to the Source Selection Authority. The Source Selection Authority, independently exercising prudent business judgment, will determine which Offeror, if any, will receive the contract award.

10. 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.

11. 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.

12. PRICE.

12.1 Price will not be rated, but will be a factor in establishing the competitive range prior to discussions (if held) and in making the best value decision for award of any resultant contract(s). Pricing for the contract shall be completed and submitted on the Pricing Schedule shown at Section 00010 of the solicitation.

12.2 The Government will perform a price analysis on all proposals received for the contract. Price analysis will be performed in accordance with FAR 15.404-1, to determine fairness and reasonableness as well as to assure an understanding of the work and ability to execute the contract at price proposed. The evaluation will determine the extent to which the price proposal is consistent with the requirements of the RFP. Historical price information, competitive price information, the Independent Government Estimate (IGE), or any other pricing tool as necessary will be utilized in making this determination. Offerors are advised that any offer wherein pricing is deemed unfair or unreasonable will be rendered ineligible for award.

12.3 The Government shall use the total contract price as the evaluated price for making the best value decision.

14. BASIS FOR AWARD

14.1 Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness, technical acceptability and responsibility.

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

14.3 The contract will be awarded to that successful Offeror whose proposal offers the best overall value.

14.3 As technical ratings and relative advantages and disadvantages become less distinct, differences in price between proposals are of increased importance in determining the most advantageous proposal.

Conversely, as differences in price become less distinct, differences in scoring and relative advantages and disadvantages between proposals are of increased importance to the determination.

14.4 The Government reserves the right to accept other than the lowest priced offer(s). The right is also reserved to reject any and all offers.

14.5 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.

ATTACHMENT 1

TAB D

PROPOSAL DATA SHEET

Bank Stabilization Rediversion Canal Highway 35,

1. Name of Firm:

Address:

Phone:

Fax:

E-mail:

DUNS # (used for accessing CCASS) Tax ID #

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

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).

[List names, titles, and telephone number of the authorized negotiator.]

Name of Person Authorized to Negotiate:

Negotiator's Address:

Negotiator's Telephone:

Negotiator’s E-mail:

ATTACHMENT 2

TAB H

PAST PERFORMANCE ASSESSMENT SHEET

Bank Stabilization Rediversion Canal Highway 35, Using the following format, provide information for three to five projects that are successfully completed, or substantially completed (60% or more), preferably of similar design or features to that specified in the RFP, that are being or have been constructed by the Offeror to be used for reference and evaluation purposes. See paragraph 4.1.1 for submission requirements.

For each project provide the following information:

Project Title:

Location:

Address of building(s):

Contract number:

If applicable, Task Order number:

Procuring activity:

Procurement point of contact and telephone number:

Date of Award:

Status: Active _________ (provide percent complete) Complete __________ (provide completion date)

Total cost:

Total cost of all modifications:

General description of project:

List the relevant criteria associated with this project in accordance with paragraph 4.2.3:

For each project provide the following assessment:

QUALITY OF CONSTRUCTION:

Describe your company’s performance in complying with contract requirements, quality achieved and overall technical expertise demonstrated. For Design Firms, describe your company’s performance in complying with contract requirements, quality achieved and overall technical expertise demonstrated throughout the design and construction process(if applicable).

TIMELINESS OF PERFORMANCE:

Describe your company’s timeliness of performance in the following areas:

Was the contract completed ahead of schedule or on time, if not why?

Were liquidated damages assessed, if so provide an explanation?

Did the award amount or delivery schedule change, if so why?

If any issues were identified, how were they resolved?

If a problem surfaced, what actions were taken to fix it?

CUSTOMER SATISFACTION:

Describe your company’s assessment of the customer’s satisfaction in relation to Quality, Cost, and Schedule.

SUBCONTRACTOR MANAGEMENT:

Describe your company’s assessment of how well subcontractors, suppliers, and the labor force were managed and coordinated?

What was the relationship between your company and subcontractors?

Did the subcontractors perform the bulk of the effort or just add breadth or depth on particular technical areas?

SAFETY:

Describe your company’s assessment in complying with safety standards and the effectiveness of your company’s safety program.

ADDITIONAL PROJECT INFORMATION:

Describe your company’s assessment on any weak/strong points identified throughout the project?

For each project, please provide the name, title, Government agency or commercial organization, email address and phone number of three current or previous Points of Contact. Persons identified below should be able to confirm your company’s assessment of this project and be able to answer any other questions the Government might have about the performance of this project.

Name: ______________________________________________________

Title: _______________________________________________________

Organization: ________________________________________________

Email address:________________________________________________

Phone: ______________________________________________________

Organization: ________________________________________________

Organization: ________________________________________________

TERMINATED PROJECTS:

Attach a list of any projects within the last three years that have been terminated. Provide an explanation, as well as a Point of Contact (Name, organization, email, phone number) for each terminated project.

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 52.215-2 Audit and Records--Negotiation MAR 2009 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

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)

52.222-23 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 St.

Stephen Power House, St. Stephen, South Carolina, Berkeley County.

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

U.S. Army Corps of Engineers-Charleston District Attn: Henry Wigfall 69-A 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.

Section 00600 - Representations & Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-3 Taxpayer Identification OCT 1998 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

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 (FEB 2009)

(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 (d) 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 (d) 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 (d) applies.

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

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) 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 that apply to this solicitation as indicated in paragraph (c) of this provision 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, identifyingchange 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

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)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System…