A.8.6_Am-0001,_Naha_Port.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

FY18 PN 87597, DREDGE WHARVES B0001 - B0005, NAHA PORT, JAPAN

1. CONTRACT ID CODE PAGE OF PAGES

1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912HV18R0001

X 9B. DATED (SEE ITEM 11)

21-Nov-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Dec-2017

CODE

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM 147, BLDG. 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

W912HV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HV-18-R-0001

SF-30 CONTINUATION PAGE Page 2 of 2

W912HV-18-R-0001 (Am-0001)

12. DESCRIPTION OF AMENDMENT

A. CHANGES TO SPECIFICATIONS – The amendment mark “(Am-0001)” is shown on each page of the amended specification section(s).

(1) Revised Section(s) to Project Specifications. Attached hereto are the following revised section(s) to the specifications. Revised section(s) will replace like-numbered section(s) in the subject solicitation specifications. Changes are indicated by a red line in the left margin of revised areas, red font, or highlighted in yellow. All portions of the revised section(s) shall apply whether or not changes have been indicated.

Revised Section(s)

SF-1442

The offeror acceptance period has increased from 120 to 160 calendar days

Section 00 22 00

Delete Section 00 22 00 in its Entirety and Replace with the attached Revised Section 00 22 Changes include the deletion of duplicative definitions, shifting the Past Performance Relevancy Ratings Table for formatting purposes and revision of the Volume II – Price Table to include Bid Guarantee

Section 00 70 00 Delete Section 00 70 00 its Entirety and Replace with the attached Revised Section 00 70 00 Changes include the deletion of FAR Clause 52.246-21 – Warranty of Construction and the revision of FAR 52.211-10 -- Commencement, Prosecution and Completion of Work

Section 01 11 00.00 10

Section 01 35 26

Section 01 45 00

Section 01 50 00

B. REQUESTS FOR INFORMATION - The following page contains questions 1-15 that were submitted by potential offerors. Answers provided to the respective questions do not amend the solicitation (specifications, drawings, etc.) unless revision to the specifications or drawings is specifically noted and incorporated into the solicitation. Please see attached list of questions.

C. CONFERENCE SLIDES - The attached slides were reviewed during the Pre-Proposal Conference held on Tuesday, December 12, 2017. These slides are for informational purposes only. Provided slides are not part of the solicitation, will not become part of the contract and do not amend the solicitation (specifications, drawings, etc.).

D. The proposal due date of January 26, 2018 at 2:00pm, JST remains unchanged.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912HV18R0001

2. TYPE OF SOLICITATION 3. DATE ISSUED

21-Nov-2017

PAGE OF PAGES

SEALED BID (IFB)

NEGOTIATED (RFP) X

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY CODE W912HV 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM 147, BLDG. 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

TEL: 046-252-0994 FAX:

See Item 7

TEL: FAX:

9. FOR INFORMATION

CALL:

A. NAME

TEDRA N THOMPSON

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

046-252-0994

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

FY18 PN 87597, DREDGE WHARVES B0001 - B0005, NAHA PORT, JAPAN

SECTION 00 10 00, Soliciation, Contract Line Item Number (CLIN) Schedule SECTION 00 21 00, Instructions SECTION 00 22 00, Proposal Submission and Evaluation Criteria SECTION 00 45 00, Representations and Certifications SECTION 00 70 00, Conditions of the Contract SECTION 00 73 00, Supplementary Conditions DIVISION 01, General Requirements

DRAWINGS

11. The Contractor shall begin performance w ithin 15 calendar days and complete it w ithin 730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See 52.211-10 .)

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

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 4 copies to perform the w ork required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

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

D. Offers providing less than 160 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

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

SECTION 00 22 00

SUPPLEMENTARY INSTRUCTIONS

SUBMISSION AND EVALUATION CRITERIA

1.0 BASIS FOR AWARD

1.1 Contract award will be made on the best overall (i.e. best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors: Experience, Past Performance and Price. The Contracting Officer will use a trade-off process to determine which offer represents the best value to the Government. This process allows the Contracting Officer to consider making award to other than the lowest priced offeror or other than the highest technically rated offeror. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Experience factor. Non-Priced Factors when combined, are approximately equal to the price factor. Within Non-Price Factors, Experience is significantly more important than Past Performance. Please keep in mind that award may not necessarily be made to the lowest price offeror or the highest technically rated offeror.

2.0 GENERAL INSTRUCTIONS

This acquisition is being conducted using a design-bid-build procurement process.

2.1 Offerors shall strictly adhere to the requirements in this Section when preparing the proposal to be submitted in response to this Request for Proposal (RFP). All proposals shall be in English. The Government will not reimburse any offeror any cost incurred in response to this RFP. Proposals that fail to comply with the proposal submittal requirements addressed in this section of the solicitation may be deemed unacceptable. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in their proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified.

There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will be posted to and made available for viewing in Federal Business Opportunities (http://www.fbo.gov). All amendments will be posted to and made available for viewing in FedBizOpps. It shall be the Offeror’s responsibility to check the website for any amendments. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge http://www.fbo.gov/ receipt of any amendment to this solicitation by the date and time specified in the Amendment(s).

2.2 The Government seeks award of one contract to the responsible offeror whose proposal conforms to the solicitation and represents the best value to the Government, with appropriate consideration given to all evaluation factors.

2.2.1 The Government will determine which offeror demonstrates the required competence for performing the work described herein and provides the offer deemed most advantageous to the Government based upon an integrated assessment of the evaluation factors described in the solicitation. Offerors are advised the Government intends to make an award on the basis of initial proposals without conducting discussions with the offerors. However, the Government reserves the right to conduct discussions if the Contracting Officer determines it necessary.

2.2.2 The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one is determined to be necessary, upon completion of the evaluation.

Offerors are advised that the Government may make award without discussions, clarifications, or any contact concerning the proposals received. Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Offerors shall not assume that they will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

2.3 Proposals received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors – Competitive Acquisition”.

2.4 Offerors are required to provide information addressing all stated factors in a clear and understandable format. If an offeror does not have information relating to a specific factor, the offeror shall clearly state so in the proposal. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration.

3.0 PROPOSAL REQUIREMENTS AND SUBMISSION FORMAT

3.1 General Requirements: All proposals shall contain the evaluation requirements stated herein and every binder shall also meet all submission format requirements detailed herein. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience, and will base its evaluation on the information presented in the offeror’s proposal.

3.1.1 Proposals shall be submitted in two (2) separate envelopes as follows:

3.1.1.1 Volume I shall contain the Technical Proposal and shall be clearly marked Volume I – Technical Proposal. In addition, follow instructions in Paragraph (c)(1) of Section 00 21 00, 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION.

3.1.1.2 Volume II shall contain the Price Proposal and shall be clearly marked Volume II – Price Proposal. In addition, follow instructions in Paragraph (c)(1) of Section 00 21 00, 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION.

3.1.2 Each volume shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. It is recommended that the pages be standard letter size (8-1/2” x 11” or A4). If drawings or other graphics are submitted, Offerors should reduce them only to the extent that legibility is not lost. Font size 12 or larger is preferred.

Each page should be numbered. Any pages over the prescribed limit will not be considered for evaluation.

3.1.3 Revised Proposal. Revised proposals will not be accepted unless specifically requested by the Contracting Officer. If the Contracting Officer decides to conduct discussions and requests revised proposals from the offerors; offerors shall ensure that all replacement pages are clearly marked “REVISED”, shall show the date of revision, shall be submitted in the appropriate number of copies (e.g., if two copies of the original page was required, then two copies of the revised page will also be required). All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. bold face print or underlining.

4.0 SUBMISSION AND EVALUATION CRITERIA

VOLUME I – TECHNICAL PROPOSAL (1 Original and 4 Copies)

FACTOR 1 – EXPERIENCE

a. Submission Requirements: Using Attachment A - Project Information Sheet, provide a detailed narrative that explains how each project included in Factor 1 – Experience, is similar to the work described in the solicitation

1. The Technical Proposal shall be bound, tabbed and in the order as shown in the table below. The Technical Proposal shall not contain any reference to cost for this project. The total pages submitted for the Technical Proposal shall not exceed seventy (70) pages. Each page should be numbered. Any pages over the prescribed limit will not be considered for evaluation. Do not include the front and back cover of the technical proposal in the seventy (70) page count. Provide the original and four (4) hard copies of the Technical Proposal.

2. Provide the complete Volume I – Technical Proposal submittal, inclusive of text, renderings, drawings, photographs, etc. as PDF files and on CD (one copy). The CD should be marked with the offeror’s name, the solicitation number, and should be identified as the electronic copy of the Volume I - Technical Proposal. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one file using WinZip version 6.2 or later. Self extracting exe files will not be accepted. Electronic files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text.

3. In the event of any conflicts or differences between the original sealed offer and any paper copy or electronic (PDF) copy of the proposal, the sealed original offer shall control. The offeror is responsible for ensuring that all copies of the proposal, whether a paper copy or an electronic copy, is consistent with the original sealed offer.

The submittals should be formatted as follows:

Volume I – Technical

Tab Documents to be Included

Cover Sheet. Follow instructions in Paragraph (c)(2) in Section 00 21 00, 52.215- 1, Instruction to Offerors—Competitive Acquisition

2 Attachment A - Project Information Sheet. Submit one information sheet per project. Submit at least one but not more than three projects.

3 Attachment B – USACE Past Performance Questionnaire. Submit one sheet for each project submitted under Factor 1 – Experience.

4. Additional Submittal Instructions

(a) Project Information Sheet (Attachment A) is included in this solicitation and provided for the offeror to submit for each project included for Factor 1, Experience. Submit one information sheet per project. Submit at least one (1) but not more than three (3) projects.

Factor 1, Experience, sets forth project relevancy requirements

(b) USACE Past Performance Questionnaire (Attachment B) included in this solicitation is provided for the offeror to submit information for Factor 2, Past Performance. See Factor 2 for more information.

b. Evaluation Criteria: The Government will evaluate the offeror’s experience on recent and relevant projects.

This Factor evaluates the offeror’s dredging experience. The Government will evaluate the dredging experience an offeror displays, as the prime contractor, on relevant dredging projects. For purposes of evaluation of this Factor, relevant projects are projects that were:

(a) Dredging projects that were:

i. Completed by using one (1) or more dredging vessel(s) for the excavation of underwater sediment and/or activities associated with clearing, widening, or deepening a waterway;

ii. Required at least 10,000 cubic meters of material to be dredged;

iii. Completed, or at least 30% progress completed, within ten (10) years from the date of the advertisement of this project;

iv. A dredging project performed within regulated ports or regulated waterways in Japan;

v. Required treatment and disposal of dredged material;

vi. Projects with a contract value of at least ¥200,000,000.

Note: Projects not meeting all the relevancy criteria listed above will be considered not relevant for this factor evaluation.

Note: If a Joint Venture is identified in Block 14 of the SF 1442, then a signed joint venture agreement must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM) before the due date for proposals to this solicitation.

(a) The offeror may demonstrate prime contractor experience through one or more principal members to the joint venture.

(b) Projects performed by contractors other than the offeror (such as teaming partners) will not be evaluated as dredging experience by a prime contractor unless those other contractors are part of a joint venture for this solicitation as demonstrated by a signed joint venture agreement.

(c) Prior experience of a joint venture, other than the same joint venture entity that is identified as the offeror in Block 14 of the SF1442 for this solicitation, is not considered relevant when evaluating the experience of the offeror as a prime contractor.

(d) The Government will also consider prime contractor experience of the offeror's parent/subsidiary/affiliate firm as experience attributable to the offeror for evaluation purposes if the offeror can establish that the parent/subsidiary/affiliate firm will have a significant involvement in performance of this contract and describe the resources of the parent/subsidiary/affiliate firm that will be utilized on project that is the subject of this procurement.

If submitting a parent/subsidiary/affiliate firm’s project for experience, it is the offeror's responsibility to effectively demonstrate and describe how the parent/subsidiary/affiliate firm's resources (such as workforce, management, facilities, or other resources) will significantly contribute to the execution of the project which is the subject of this procurement; failure to effectively demonstrate and describe the planned contribution of the parent/subsidiary/affiliate firm’s involvement in the subject project of this procurement will cause the past experience of the parent/subsidiary/affiliate firms to be considered not relevant for evaluation purposes in this procurement. Further, any project in which the parent/subsidiary/affiliate firm performed the role of a subcontractor will not be considered relevant when evaluating the experience of the offeror.

The Government will evaluate the dredging experience an offeror displays, as the prime contractor, on relevant projects, to include:

(a) Dredging experience on projects with similar scope to this solicitation (i.e.

cubic meters dredged, safety considerations, environmental considerations, and local coordination);

Offerors demonstrating dredging experience for more than one (1) relevant dredging project may be considered more advantageous.

(b) Experience in Okinawa; dredging projects completed, or at least 30% completed, in Okinawa may be considered more advantageous than projects completed elsewhere in Japan.

(c) Experience with performing projects for the Government of Japan (GoJ) and/or U.S. Department of Defense (DoD) may be considered more advantageous than projects completed commercially elsewhere in Japan.

(d) Experience with treatment and disposal of dredged materials similar to the requirements in this solicitation may be considered more advantageous.

(e) Experience with ports or waterways that are heavily used and require coordination with passing vessels and associated maritime safety procedures may be considered more advantageous.

(f) Experience with projects with a contract magnitude between ¥2,500,000,000 and ¥10,000,000,000 may be considered more advantageous.

The following evaluation ratings and definitions will be used to evaluate the non-price factors other than past performance. Past performance will be evaluated according to Factor 2 – Past Performance.

The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in the below chart.

FACTOR 1. EXPERIENCE – COMBINED TECHNICAL/RISK RATINGS

Color Rating Adjectival Rating Definition

Blue

Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths. Risk of unsuccessful performance is very low.

Purple

Good

Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength. Risk of unsuccessful performance is low.

Green

Acceptable

Proposal indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow

Marginal

Proposal has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red

Unacceptable

Proposal does not meet requirements of the solicitation and thus, contains one or more deficiencies and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

EVALUATION DEFINITIONS

1. Best Value. The expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. See FAR 2.101.

2. Clarifications. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1).

3. Communications. Exchanges between the Government and offerors, after receipt of proposals, leading to establishment of competitive range. See FAR 15.306(b).

4. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

5. Discussions. Exchanges (i.e. negotiations) in a competitive environment that are undertaken with the intent of allowing the offeror to revise its proposal. Discussion take place after establishment of the competitive range. See FAR 15.306(d).

6. Relevancy. As it pertains to past performance information, it is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.

7. Risk. As it pertains to source selection, the potential for unsuccessful contract performance.

The consideration of risk assess the degree to which an offeror’s proposed approach to achieving the technical factor may involve risk or disruption of schedule or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

8. Strength. An aspect of an offerors’ proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

9. Significant Strength. A strength that appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

10. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

11. Significant Weakness. A flaw in the proposal that appreciable increases the risk of an unsuccessful contract performance. See FAR 15.001.

12. Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).

13. Communications. Communications are exchanges between the Government and offerors after receipt of proposals, leading to establishment of the competitive range. FAR 15.306(b).

14. Discussions are negotiations conducted in a competitive acquisition that are undertaken with the intent of allowing the offeror to revise its proposal.

13. Tradeoff is a process used in competitive negotiated contracting when it may be in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. See

FAR 15.101-1.

FACTOR 2 – PAST PERFORMANCE

a. Submission Requirements: Each offeror’s past performance will be reviewed to determine relevancy and confidence assessment.

i. The Government will evaluate the relative merits of each Offeror’s past performance on the same relevant projects submitted and evaluated under Factor 1 – Experience. Please keep in mind that “Past Experience” measures “what you have done” while “Past Performance” measures “how well you have done it.” A completed Past Performance Questionnaire should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment B), which will provide contract and client information for the respective project(s).

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contacts listed below via email prior to proposal closing date and time.

Tedra N. Thompson, E-mail: Tedra.N.Thompson.civ@usace.army.mil Sean P. Sackett, E-mail: Sean.P.Sackett2@usace.army.mil and Sean.P.Sackett@usace.army.mil

ii. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

iii. The offeror may include performance recognition documents received for each project the offeror includes in its proposal for Factor 1, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

b. Evaluation Criteria: The past performance evaluation is an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation determines how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The evaluation also assesses the degree of confidence the Government has in an offeror’s ability to supply products and services that meet the user’s needs, based on a demonstrated record of performance. See FAR 15.305.

i. Evaluation of past performance shall be in accordance with this plan utilizing the forms and questionnaires set forth.

mailto:Tedra.N.Thompson.civ@usace.army.mil mailto:Sean.P.Sackett2@usace.army.mil mailto:Sean.P.Sackett@usace.army.mil

ii. The Government will focus its inquiries on the offeror’s record of performance as it relates to all solicitation requirements, including cost, schedule, performance.

A significant achievement, problem, or lack of relevant data in any element of the work can become an important consideration in the evaluation process.

Therefore, offerors will be reminded to include the most recent and relevant efforts in their proposal. Absent any recent and relevant past performance history or when the performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the offeror will be assigned an “unknown (neutral) confidence rating.” Offerors who are able to demonstrate a “substantial confidence” or “satisfactory confidence” rating may be perceived as offering a greater value to the government than an offeror with an “unknown (neutral) confidence rating in a best-value tradeoff, as a measure of the likelihood that their past performance is an indicator of future performance. The Government may use data provided by the offeror in its proposal and data obtained from other sources, including data in Government files or data obtained through interviews with personnel familiar with the contractor and their current and past performance under Federal, State, or local Government or commercial contracts for same or similar services as compared to this project.

RELEVANCY: The first aspect of the past performance evaluation is to assess the offerors past performance to determine how relevant a recent effort (within 10 years of the date of advertisement of this solicitation) accomplished by the offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated; however, the following criteria will be used to establish what is relevant which shall include similarity of scope, complexity, dollar value, and contract type.

QUALITY ASSESSMENT: The offeror’s performance on prior projects for recent and relevant projects will be assessed for quality. Documented results from Past Performance Questionnaires, interviews, CPARS, and other sources form the support and basis for this assessment.

PERFORMANCE CONFIDENCE ASSESSMENT: The final step is for the team to arrive at a single consensus performance confidence assessment for the offeror, selecting the most appropriate rating from the chart below. This rating considers the assessed quality of the relevant efforts gathered.

Performance Confidence Assessments

Rating Definition

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Past Performance Relevancy Ratings

Rating Definition

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant involved some of the scope and

Not Relevant involved little or none of the scope and

Limited Confidence performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

VOLUME – PRICE PROPOSAL

FACTOR 3 – PRICE

a. Submission Requirements:

1. Submit one (1) original and one (1) paper copy of the documents shown in the table below. The volume shall be bound and tabbed and in the order as shown in the table below.

2. In addition, provide the complete Volume II – Price Proposal submittal, as PDF files and on CD (one copy). The CD should be marked with the offeror’s name, the solicitation number and be identified as the electronic copy of the Volume II Price Proposal.

3. In the event of any conflicts or differences between the original sealed offer and any paper copy or electronic (PDF) copy of the proposal, the sealed original offer shall control. The offeror is responsible for ensuring that all copies of the proposal, whether a paper or an electronic copy, are consistent with the original sealed offer.

Volume II – Price

Tab Documents to be Included

1 Cover Sheet. Follow instructions in Paragraph (c)(2) in Section 00 21 00, 52.215-1, Instructions to Offerors—Competitive Acquisition

2 Standard Form (SF) 1442. Front and back page

3 Section 00 10 00 -- Proposal Schedule

4 Section 00 45 00 -- Representations and Certifications

5 Bid Guarantee

6 Joint Venture Agreement (if a Joint Venture)

b. Evaluation Criteria: The total evaluated price will be determined by using the offeror’s total price (Total Proposal Schedule), to include all Base Items and Optional Items at time of award.

Price reasonableness will be established using any necessary price / cost analysis techniques in FAR 15.404-1, including but not limited to price competition information and the Independent Government Estimate (IGE), along with any other pricing tools deemed necessary.

Offerors shall ensure the data in Section 00 10 00 is complete and accurate. Failure to provide all price/cost data requested may be cause for determination of proposals as unacceptable.

End of Section

W912HV18R0001

(Am-0001)

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal orMAY 2014

Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010

Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014

To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011

Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015

With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding JUL 2013

Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations 52.210-1 Market Research APR 2011 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service SEP 2013 and Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service MAY 2008 and Construction Contracts 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011

While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-11 Pledges Of Assets JAN 2012 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013

Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, APR 1984

Utilities, and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed- SEP 1996

Price) (Apr 2012) - Alternate I 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008

Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016

Support 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015

The Government of a Country that is a State Sponsor of Terrorism 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer…