W912HN23R5005.pdf

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until 01:00 PM local t ime 07 Aug 2023

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 57

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912HN 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section C for instructions conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

4 - 15 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 18 - 20 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

21 - 37

PART II - CO NTRACT CLAUSES

USACE - SAVANNAH DISTRICT

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

05 Jul 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912HN23R5005

Jessica M. Stone 502-315-6137 Jessica.M.Stone@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job 5 Year Base

The Contractor shall be responsible for providing power generation services to customers of the U.S. Army Corps of Engineers. The power generation services consist of rental and delivery of generator units; electrical connection of the generator output to the power grid; installation of new, or modification/repair of existing, power monitoring and control systems; testing and commissioning of the power generation and electrical systems; and operation and maintenance of the installed systems, to include fueling. Ancillary activities will include the repair, replacement, installation, operation, and maintenance of power transmission components as necessary to connect the contract-supplied temporary power or power generated from other sources to the grid; to monitor, control, and protect new and existing components of the power generation and transmission system;

and to improve the stability of the grid. The Contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the services outlined in this contract Scope and as specifically identified in the performance work statement (PWS) as specifically identified in the individual task orders.

This is a shared capacity amongst all contract holders during the entire contract ordering period.

The Government guarantees to order a minimum of $2,500.00 against the Base period for each contractor on this Multiple Award Task Order Contract (MATOC).

Task Orders may be hybrid with FFP and CPFF CLINs.

FOB: Destination

PSC CD: W061

NET AMT

$5,000,000,000.00 1 $5,000,000,000.00

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 5,000,000,000.00 $5,000,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 2,500.00 $1,500,000,000.00

Section C - Descriptions and Specifications

SCOPE OF WORK

Multiple-Award Task Order Contract (MATOC) Scope of Work (SOW) Puerto Rico Power System Stabilization, Power Generation Services MATOC

1 Introduction The Contractor shall be responsible for providing power generation services to customers of the U.S. Army Corps of Engineers. The power generation services consist of rental and delivery of generator units; electrical connection of the generator output to the power grid; installation of new, or modification/repair of existing, power monitoring and control systems; testing and commissioning of the power generation and electrical systems; and operation and maintenance of the installed systems, to include fueling. Ancillary activities will include the repair, replacement, installation, operation, and maintenance of power transmission components as necessary to connect the contract-supplied temporary power or power generated from other sources to the grid; to monitor, control, and protect new and existing components of the power generation and transmission system; and to improve the stability of the grid.

The Contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the services outlined in this contract Scope and as specifically identified in the performance work statement (PWS) as specifically identified in the individual task orders.

1.1 Scope

The Contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the power generation services outlined in this statement of work and as specifically identified in the individual task orders. The services required by this contract are expected to be limited to the territory of Puerto Rico. Task orders will use performance-based work statements. A PWS structures all aspects of an acquisition around the purpose of the work to be performed and does not dictate how the work is to be accomplished. It is written to ensure that Contractors are given the freedom to determine how to meet the Government’s performance objectives and provides for payment only when the results meet or exceed these objectives. It maximizes Contractor control of work processes and allows for innovation in approaching various work requirements. A PWS emphasizes performance that can be contractually defined so that the results of the Contractor’s effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance.

A PWS will be prepared for each individual task order. The PWS will include specific performance objectives and performance elements. The time frame and specific procedures for each item of work will be described in the individual task order. The description of stated herein provides a general understanding of the Contractor functions to be performed. Individual task orders will contain the specific requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

2 General Requirements The Contractor must have the capability and experience to perform or provide a wide range of power generation, procurement, operation, maintenance, and repair services required to support the USACE power mission. Most costs are anticipated to be equipment rental and fueling costs associated with the power generation services.

2.1 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2.2 Business Relations

The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timeliness, completeness, and quality of problem identification. The Contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The Contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all Contractor personnel.

2.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

2.3.1 Contract Management

The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirements specified in each task order. The Contractor must maintain continuity between the support operations and the Contractor's corporate offices.

2.3.2 Contract Administration

The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement.

The Contractor shall respond to Government requests for Contractual actions in a timely fashion. The Contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders.

2.3.3 Personnel Administration

The Contractor shall provide the following management and support as required. The Contractor shall provide for employees during designated Government non-workdays or other periods where Government offices are closed due to weather or security conditions. The Contractor shall maintain the training currency of their employees by providing initial and refresher training as required to meet the scope requirements. The Contractor shall make necessary travel arrangements for employees. The Contractor shall provide necessary infrastructure to support contract tasks. The Contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs). Time expended on contract tasks by Contractor personnel will be reported weekly to the Task Leader and may be requested for review by the COR, or Government POC for the specific Contractor.

2.4 Subcontract Management

The Contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after Contracting Officer’s notification and approval.

2.5 Contractor Personnel, Disciplines, and Specialties

The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The Contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall ensure the labor categories, labor rates, and man-hours utilized in the performance of each task order issued hereunder will be the minimum necessary to accomplish the task. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

Contractor Key Personnel to be included:

Project Manager The project manager is required to be a graduate engineer with a minimum of 7 years experience and must have performed in the role of Project Manager, being the primary person responsible for managing scope, schedule, and budget of at least $100 million of contract value, on at least three (3) separate projects.

Project Superintendent The project superintendent is required to have a minimum of 7 years of experience managing the construction of infrastructure projects greater than $20 million, to include at least two power generation projects, each of which included the installation of at least 30 MW of prime power generation.

LNG Specialist The LNG Specialist is required to have a minimum of 7 years of LNG experience, or 3 years of LNG and 7 additional years of experience with other types of fossil fuels. Required expertise in installing, maintaining, and operation of a storage and regassification LNG plant. Additionally, LNG specialist must have management experience of delivery/utilization of a minimum 2 million gallons of fuel within a 30-day period.

Contractor Quality Control System Manager The Contractor Quality Control (CQC) System Manager is required to have a degree in architecture, engineering, or construction management from an ABET-accredited university/institution and a minimum of five (5) years of experience in related quality management work. This experience shall include a minimum of one project that included installation of at least 30 MW of new power generation for which the individual served as the CQC System Manager.

Site Safety & Health Officer (SSHO) The SSHO must have familiarity with EM 385-1-1 and is required to have proof of employment meeting one of the options detailed below:

1. Five (5) years of continuous construction industry safety experience in supervising/ managing general construction (managing safety programs or processes or conducting hazard analyses and developing controls), or

2. Five (5) years of continuous general industry safety experience in supervising/ managing general industry (managing safety programs or processes or conducting hazard analyses and developing controls), or

3. If the SSHO has a Third-Party, Nationally Accredited (ANSI or National Commission for Certifying Agencies -NCCA) SOH-related certification, only 4 years of experience is needed. > See Appendix Q or EM 285-1-1 for list of certifications.

Design Project Manager The Design Project Manager is required to be a registered professional engineer with a minimum of seven years of experience, to include at least two power generation projects, each of which included the installation of at least 30 MW of prime power generation.

2.6 Location and Hours of Work

Accomplishment of the results contained in this SOW requires work within territory of Puerto Rico. Specific locations for the work will be determined at the task order level. Normal workdays are Monday through Friday except US Federal Holidays. Workers typically work eight (8) hours per day, 40 hours per week.

Work will be required outside of typical work hours (up to 24 hours a day, 7 days a week) and additional detail will be provided at the task order level.

2.7 Travel / Temporary Duty (TDY)

Travel to other government facilities or other Contractor facilities may be required and will be specified at the task order level. All travel requirements (including plans, agenda, itinerary, or dates) shall be pre-approved by the government (subject to local policy procedures). Travel costs will be negotiated for each task order as applicable.

The Contractor shall use government vehicles when requested, authorized, and determined to be advantageous to the government. This will be specified at the task order level. It is understood that the Contractor’s liability insurance will cover all contract personnel operating government vehicles. If not specified, the Contractor shall provide all necessary transportation to fulfill the requirements of the contract.

3 Scope Requirements The following section specifies the objectives, requirements and services under the Puerto Rico Power System Stabilization, Power Generation Services MATOC. Contractor shall provide all labor, materials, and supplies necessary to supply temporary power to various points within the power grid of Puerto Rico for periods of up to 24 months. This temporary power will be supplied by dual-fuel, medium-voltage engine-generator sets (generators).

Generators are anticipated to be land-based, trailer-mounted units of between 5 and 30 megawatts (MW) each;

however, task order PWS will allow contractors to propose other solutions that might be more advantageous to the Government.

While most projected costs incurred as part of this MATOC are anticipated to be associated with rental of generators and fuel, this SOW can be generally divided into three phases: mobilization, power supply, and demobilization.

In addition to the temporary power generation requirement, there is the potential for repair and replacement of power generation equipment at existing power generation facilities and power generating units. The scope of work, schedule, and performance requirements for power generation repair and/or replacement will be defined for each task order.

3.1 The Contractor shall perform power generation services during the mobilization phase for various USACE customers.

Contractor shall be capable of procurement of land-based generators (5MW or greater) via a term rental with an option for the utility provider to buy the rented generator(s) at the end of the term and all logistics required with transporting generators to the requisite location. Further, Contractor shall be capable of all ancillary services required for connecting the generators to the electrical power grid at a utility-provider-owned facility. Examples of some, but not all, of the anticipated services required are listed below:

a. Installation of generators and all ancillary equipment necessary for power generation such: as control rooms;

protective monitoring systems; generator starting systems; auxiliary transformers; batteries; rectifier battery chargers; turbine enclosure fire suppression; switchgear; and emissions controls.

b. Installation of electrical grounding systems.

c. Performance of all sitework necessary to install temporary power and support systems. Sitework may include geotechnical site investigation, demolition, installation of pilings or other foundation types, grading and stormwater management, installation of gravel pads, fencing, and signage.

d. Installation of Liquified Natural Gas (LNG) and diesel fuel systems. Fuel systems may include storage tanks, spill containment structures, refilling systems, piping, regassification units, metering, monitoring, control, fire detection, and fire suppression.

e. Emissions control on power generation units, to include installation of demineralized (demi) water systems including connections to existing supply points, piping, metering, monitoring, and disposal of associated waste streams, or other emission control strategy capable of meeting the terms of the Federal Facilities Compliance Agreement (FFCA – included as Attachment 1).

f. Electrical connection of the generator output (expected to be in the 13.8KV range) to the power grid (at various levels from 38KV to 230KV), through the installation of new components and/or the repair of existing components such as:

a. Generator Step Up (GSU) transformers;

b. Protective and isolating devices such as medium-voltage circuit breakers; fused or unfused switches;

c. Power conductors; and

d. Conductor mounting poles and standoff insulators.

g. Installation of new, or modification/repair of existing, power monitoring and control systems including:

a. Paralleling gear;

b. Potential Transformers (PT’s) and Current Transformers (CT’s);

c. Control relays;

d. Generator and substation control systems (hardware and software); and

e. Communication and control cables, including SCADA.

h. Provision, operation, and maintenance of ancillary facilities required to support on-site Contractor staff such as parking facilities, site lighting, breakrooms, and portable restrooms.

i. Testing and commissioning of the systems listed above, both individually and as they interact with each other and with the existing utility-provider-owned systems under various scenarios.

3.2 The Contractor shall perform power generation services during the power supply phase for various USACE customers.

Contractor shall be capable of fueling, operation, and maintaining generators and ancillary equipment while complying with all USACE policies, procedures, and applicable federal, state, and/or local statutes, rules, and regulations. Additional requirements are detailed below. These examples are not intended to be all inclusive.

a. Provision of all fuel required to operate the generators 24 hours per day, 7 days per week (24/7), excluding downtime for scheduled maintenance.

b. Operation (24/7, excluding maintenance periods) and maintenance of the generators and other systems described in this scope of work by qualified Contractor personnel.

c. Provision of all other materials and supplies required to ensure continuous operation and adequate maintenance of the generators and other systems described in this scope of work.

3.3 The Contractor shall perform power generation services during the demobilization phase for various USACE customers.

Contractor shall be capable of demobilization/removal of all equipment utilized and restoration of the project site.

Additional requirements are detailed below. These examples are not intended to be all inclusive.

a. Demobilization and removal of any equipment, materials, and supplies not already owned by the utility provider or purchased by them at the end of the rental period.

b. Restoration of the project site and utility-provider-owned equipment and materials as needed, including activities as such as:

o Remediation or removal/replacement of soil contaminated by Contractor activities such as diesel fuel spills;

o Regrading;

o Replacement of topsoil;

o Reseeding;

o Repair of roads or other paved surfaces that were damaged, beyond reasonable wear and tear, by the

Contractor;

o Replacement of fencing as required to revert to pre-project layouts; and o Capping of water line taps that were installed during mobilization.

3.4 The Contractor shall perform repairs associated with power generation equipment and the electrical grid.

Contractor shall be capable of performing priority repairs to the power generation equipment on the Puerto Rico grid, including existing power generation equipment and temporary power equipment listed above. The equipment may be Contractor or utility provider owned and requirements will be detailed at the task order level.

4 Special Requirements This section describes the special requirements for this contract. The following sub-sections provide details of various considerations on this contract.

4.1 Security and Safety

This is not a classified procurement. The primary security considerations associated with this acquisition are Contractor employee identification and physical access to the power plants, which will have varying access and safety requirements to be identified at the task order level.

4.2 Status Reports and Invoices

The Contractor shall submit, according to each task order, a narrative status report and an invoice, in electronic format, at a frequency determined for the task order (expected to be no less frequently than monthly). This report and a payment invoice are expected to be provided for approval by the 10th working day of the month following the month in which the services were performed, unless stated otherwise in the task order. The status report shall include project break-out by hours for each task performed and a brief summary of each task and shall be in Microsoft Word and PDF format to the authorized Contracting Officers Representative (COR). COR's will be assigned at the task order level. Generally invoicing procedures will be tailored at the task order level.

4.3 Government Furnished Materials

If applicable, Government Furnished Information related to the required services will be provided at the task order level.

4.4 Environmental Requirements

The Contractor, the Contractor’s subcontractors, and the Contractor’s suppliers shall perform all work in full compliance with applicable Federal, State, and Local environmental laws and regulations including the FFCA included as Attachment 1. Nothing in this contract shall relieve the Contractor of his responsibility to comply with laws and regulations.

Any incidents of spills, releases, or noncompliance with regulations noted by the Contractor shall immediately be brought to the attention of the Contracting Officer and Contracting Officer’s Representative, with written notice provided as soon as possible thereafter.

4.5 Applicable Directives

The Contractor shall comply with all documents listed as mandatory and referenced IAW the instructions as outlined per individual task order.

4.6 Quality Control

This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.

4.6.1 Quality Control Plan (QCP)

The Contractor shall develop a task order-level QCP and maintain an effective quality control program to ensure services are performed in accordance with the MATOC and each individual PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which it assures the work complies with the requirement of the contract. The finalized QCP will be reviewed by the Government at the time of the award of the task order. The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Governments review and approval. The Government may find the QCP "unacceptable" whenever the Contractors procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

4.6.2 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance under each task order in accordance with the Government’s QASP (provided at the task order level).

5 Deliverables The Contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the Government.

6 Related Documents Related documents will be provided at the task order level, as required for that particular project.

SPECIAL INSTRUCTIONS

The intent of this solicitation is to award to each and all qualifying offerors for Multiple-Award Task Order Contract (MATOC) contracts that will be providing power generation services to customers of the U.S. Army Corps of Engineers. The MATOC will be 5 years duration from the date of award and the maximum capacity of $5,000,000,000.00.

The government intends to award to each and all qualifying offerors Indefinite Delivery Indefinite Quantity (IDIQ) contracts with this solicitation.

This procurement is unrestricted, NAICS: 221112, Fossil Fuel Electric Power Generation, Size Standard 950.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

The awardees will receive a minimum guarantee of $2,500.00.

Offerors shall submit their proposals to the US Army Corps of Engineers through the Procurement Integrated Enterprise Environment (PIEE) - https://piee.eb.mil/. Proposals are not to be submitted any later than the time and date specified in Block 16 of Standard Form33.

Instructions on how to create a vendor account will be posted to sam.gov and can be located at:

https://www.acq.osd.mil/asda/dpc/ce/cap/docs/piee/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf

Instructions on how to submit an offer will be posted to sam.gov and can be located at:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

NOTE: DO NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

For contractual/technical questions, please use the projnet link and inquiry key listed below. Technical Points of Contact shall not be contacted prior to award.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded within PIEE Solicitation Module site. Do not assume that electronic submission will occur instantaneously.

Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process.

Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

Electronic Files: Submission shall be in a searchable Adobe PDF format.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912HN23R5005-FIRMNAME -PART I

• W912HN23R5005-FIRMNAME -PART II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description.

Please see examples above.

File Organization:

• Use standard 8.5 x 11-inch pages in portrait orientation. Figures, timelines, or data flow diagrams may be in landscape orientation.

• Number each page.

• Use only one-inch margins for the top, bottom, and page sides. Page numbers, notations of proprietary information, and any other identifying information printed on each page are excluded from the margin requirement.

• Paragraphs shall be single spaced.

• Text font shall be no smaller than 11 point for all words in the proposal. An exception to this font size requirement is the documentation for proof of plant ownership (United States Coast Guard (USCG) certificate or the equivalent State registration, bill of sale, title, certificate of origin, builder’s certification, or insurance documentation.

• Information presented should be organized to pertain to only the evaluation factor in the section that the information is presented.

• A table of contents shall be included for the Part I and Part II electronic files and the table of contents is excluded from the page count.

Electronic Files: Files shall be in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors – Competitive Acquisition (Nov 2021),” subparagraph (e), which is found in Section L of the RFP. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to proposal submittal. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (previously DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from DUN and Bradstreet by calling 1-800-333-0505. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg.

Training tools are available on the SAM website to help you get familiar with SAM. Start by going to www.sam.gov, and then click on the SAM HELP tab. Under User Help you will find the full User Guide as well as Quick Start Guides and Helpful Hints that will help you create an account, migrate your roles, perform updates, and search for the information you need. These guides can also be viewed at http://www.acquisition.gov.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

AWARDING TASK ORDERS

The government intends to award to each and all qualifying offerors as a result of this solicitation. Each awardee will be afforded a fair opportunity to be considered for each task order in excess of $2,500.00 in accordance with FAR 16.505 (b)(1)(i).

Task orders will typically be competed among all awardees. In general, award will be made on a “Low Price” basis as outlined in the individual task order.

The Contracting officer may consider the following factors when awarding a task order:

1. Contract Minimums - Task Order will be distributed to assure the guaranteed minimums are met.

2. Past Performance on Previous Task Orders - The quality and timeliness of services provided on prior jobs.

3. Capacity to Perform - The ability/capability of the contractor’s staff to take on additional work.

4. Specific Past Experience - Past Experience related to a location or particular type of work.

5. Customer Relations - During the course of the indefinite delivery contracts, working relationships develop between the Contractor and the Corps’ customers. Which customer is to be served may influence the decision about which contract to use for a particular task order.

PROJNET

OFFEROR'S QUESTIONS AND COMMENTS

Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

The Solicitation Number is: W912HN23R5005

The Bidder Inquiry Key is: 8QK4X3-WFSZ5X

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is (833) 389-1097 and 217-367-327. However, it is recommended to communicate via email with any of your ProjNet questions via staff@projnet.info.

Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids/proposals.

NOTES:

1. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the mailto:staff@projnet.info solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

2. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

3. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled five (5) days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within two (2) days prior to the closing date stated in the solicitation.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

Section F - Deliveries or Performance

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

Section H - Special Contract Requirements

CONTRACT KEY PERSONNEL

The Project Manager, Project Superintendent, LNG Specialist, and Safety Professional are designated Key Personnel. The contractor will assign the personnel listed in the proposal to this contract for at least the first six months of contract performance. The contractor will not reassign those personnel during the first six months of the contract without approval of the Contracting Officer. Following those first six months, the contractor will ensure that the Key Personnel positions are filled at all time, and will notify the Contracting Officer at any time there is a change or anticipated change of a contractor employee filling one of those positions. The contractor shall obtain Contracting Officer approval for any proposed replacement candidate for all Key Personnel positions prior to that individual filling the position. The contractor will notify the Contracting Officer not later than two weeks prior to change of the contractor employee filling a Key Personnel billet, unless the employee leaves the contractor’s employment and gives the contractor less than two weeks’ notice or the contractor terminates an employee for cause, in which case the contractor will notify the Contracting Officer as soon as the contractor learns of the departure or terminates the employee.

SPECIAL CONTRACT REQUIREMENTS

Special Contract Requirements:

1) FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W912HN23R5005 Line 7 “Name and address of the acquiring agency”: USACE Savannah District; 100 W. OGLETHORPE AVENUE

SAVANNAH, GEORGIA 31401-3604

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.207-5 Option To Purchase Equipment FEB 1995 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001)

OCT 2021

52.215-14 Integrity of Unit Prices NOV 2021 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate III

OCT 1997

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-23 Execution And Commencement Of Work APR 1984 52.216-24 Limitation Of Government Liability APR 1984 52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-9 Alt II Small Business Subcontracting Plan (OCT 2022) Alternate II NOV 2016 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC…