FINAL.RFP.09-R-0026.pdf

Solicitation No.: W912HY-09-R-0026

US Army Corps U.S. ARMY ENGINEER DISTRICT, of Engineers GALVESTON Galveston District CORPS OF ENGINEERS

GALVESTON, TEXAS

Request For Proposal

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Design- Build and Design Bid Build for Horizontal Construction Services Southwestern Division (SWD), SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) Pool of Contractors

Phase 1

Seed Task Order (To Be Issued in Phase 2)

SEPTEMBER 2009

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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W912HY-09-R-0026

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Typewritten Text USACE Galveston District Contracting Division 2000 Fort Point Road Galveston, TX 77550-1229

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SEE ITEM 7

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JACQUELINE ADEKANBI

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Typewritten Text Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) for Design-Build of Horizontal Construction in the Southwest Division (SWD).

This acquisition is issued as a Set-Aside for SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB), Request for Proposal (RFP) for award of up to two (2)or more IDIQ MATOCs with an approximate maximum limitation of $80M all contracts combined. This solicitation will be evaluated under the Design-Build Two Phase process utilizing best value trade-off acquisition procedures.

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TBD

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SEC 00 22 10

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29 SEP 09

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30 OCT 09

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AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

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SWD DB/DBB IDIQ MATOC, SDVOSB W912HY-09-R-0026

PROJECT TABLE OF CONTENTS Page 1

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 STANDARD FORM 1442 AND CLIN SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

00 22 10 PHASE 1 OF A 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

00 22 20 PROPOSAL EVALUATION AND CONTRACT AWARD BEST VALUE

TRADE OFF

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS (SCR)

00 73 46 WAGE DETERMINATION SCHEDULE (To Be Provided Per Task Order)

00 90 00 DESCRIPTION/SPECS/WORK STATEMENT

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 44 GENERAL REQUIREMENTS

01 01 00.00 44 WORK PLAN REQUIREMENTS

01 31 00.00 44 PROJECT MEETINGS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 16 DESIGN AFTER AWARD

01 35 26.02 45 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.10 QUALITY CONTROL SYSTEM (QCS)

01 45 04.40 44 CONTRACTOR QUALITY CONTROL

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 56 00.00 44 DUST CONTROL

01 57 20 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION PREVENTION CONTROL

01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN

01 57 25.00 44 SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM

01 58 00.02 45 BULLETIN BOARD AND PROJECT SIGN

01 62 35.00 44 RECYCLED / RECOVERED MATERIALS

01 71 23.00 44 SURVEY, LAYOUT, AND OTHER DATA

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

INITIAL TASK ORDER

(To be issued in Phase 2)

00 11 00 - 1

SECTION 00 11 00

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT PRICE

Base Year Southwestern Division (SWD) Construction MATOC: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only. This acquisition is a SERVICE-DISABLED VETERAN-OWNED Small Business (SDVOSB) Set-Aside.

This MATOC is for design-build, design-bid-build, and construction services for civil projects, military missions, and International and Interagency (IIS) customers of the SWD. The estimated SDVOSB MATOC workload is $80 million, with a maximum task order limitation of $5 million.

The scope of this SWD MATOC is intended for multi-tasking of horizontal construction services for a wide variety of new construction, maintenance, repair, and alteration projects. The work will include, but not be limited to, anchored earth retention, breakwaters, jetties, spillways, bulkheads, embankments, dikes, flood control channels and structures, marine related structures such as gates and locks, dams, levees as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvements. The scope of these SWD MATOCs includes construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction. It is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted

MATOC.

Any work executed under the SWD SDVOSB MATOC is limited to the geographic boundaries of the Southwestern Division, U.S. Army Corps of Engineers.

00 11 00 - 2

The Contractor shall furnish all labor, equipment, materials, and transportation necessary to provide construction support services for the Southwestern Division (SWD), U.S. Army Corps of Engineers, under this SWD DB/DBB IDIQ MATOC.

The Contractor shall perform the work in accordance the Scope of Work of each Task Order and within strict accordance of the terms and conditions specified herein.

Be advised that payrolls must be submitted for this construction project. See attached information in the clause section of this document for the wage determinations and payroll submission details for each task order. All questions regarding this solicitation / RFP shall be provided in WRITING to the Projnet/Dr.Checks Website at http://www.projnet.org/projnet.

The initial (Seed) Task Order will be issued by Amendment during Phase 2.

00 11 00 - 3

ITEM

NO

SUPPLIES/SERVICES QUANTITY UNIT PRICE

Option Year 1 SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery

Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only.

This acquisition is a SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) Set-Aside.

alteration projects. The work will include, but not be limited to anchored earth retention, breakwaters, jetties, spillways, bulkheads, embankments, dikes, flood control channels and structures, marine related structures such as gates and locks, dams, levees as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvements. The scope of these SWD MATOCs include construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction, it is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted

MATOC.

The Contractor shall furnish all labor, equipment, materials, and transportation

00 11 00 - 4 determinations and payroll submission details for each task order. All questions

00 11 00 - 5

SUPPLIES/SERVICES QUANTITY UNIT PRICE

Option Year 2 SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery

Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only.

This acquisition is a SERVICE-DISABLED VETERAN-OWNED Small Business (SDVOSB) Set-Aside.

alteration projects. The work will include, but not be limited to anchored earth retention, breakwaters, jetties, spillways, bulkheads, embankments, dikes, flood control channels and structures, marine related structures such as gates and locks, dams, levees as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvements. The scope of these SWD MATOCs include construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction, it is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted

MATOC.

00 11 00 - 6 determinations and payroll submission details for each task order. All questions

00 11 00 - 7

SUPPLIES/SERVICES QUANTITY UNIT PRICE

Option Year 3 SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery

Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only.

alteration projects. The work will include, but not be limited to anchored earth retention, breakwaters, jetties, spillways, bulkheads, embankments, dikes, flood control channels and structures, marine related structures such as gates and locks, dams, levees as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvements. The scope of these SWD MATOCs include construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction, it is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted

MATOC.

00 11 00 - 8

The Contractor shall furnish all labor, equipment, materials, and transportation determinations and payroll submission details for each task order. All questions

00 11 00 - 9

SUPPLIES/SERVICES QUANTITY UNIT PRICE

Option Year 4 SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery

Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months plus four (4) 12 month option years. (See next contract line items for option year details). Any un-used capacity in one contract period may be carried over into the subsequent contract period. The Government will obligate a guaranteed minimum amount of $3,000 for the base period only.

alteration projects. The work will include, but not be limited to anchored earth retention, breakwaters, jetties, spillways, bulkheads, embankments, dikes, flood control channels and structures, marine related structures such as gates and locks, dams, levees as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvements. The scope of these SWD MATOCs include construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction, it is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted

MATOC.

00 11 00 - 10 determinations and payroll submission details for each task order. All questions

SWD DB/DBB IDIQ MATOC, SDVOSB RFP No. W912HY-09-R-0026

Section 00 21 00 Page 0

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND

NOTICES TO OFFERORS

Section 00 21 00 Page 1

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT ORDERING LIMITATION IDIQ REQUIREMENTS

1.3 ORDERING PROCEDURES

1.4 GOVERNMENT SECURITY REQUIREMENTS

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.6 OFFEROR'S QUESTIONS AND COMMENTS

1.7 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 PRE-PROPOSAL CONFERENCE

1.10 ACCURACY IN PROPOSALS

1.11 PROPOSAL SUBMITTALS

1.12 PROPOSAL FORMAT

1.13 JOINT VENTURE PROPOSAL REQUIREMENTS

1.14 BID GUARANTEE

1.15 NOTICE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

(ARRA) APPLICABILITY

1.16 ARITHMETIC DISCREPANCIES

1.17 UNIT ABBREVIATIONS

1.0 GENERAL INFORMATION: This requirement is part of the total MATOC program requirements for Horizontal Construction in the Southwestern Division (SWD) of approximately $950M all contracts combined, to provide capacity to support the execution of SWD's horizontal construction, workload missions, including horizontal construction missions associated with the American Recovery and Reinvestment Act of 2009 (ARRA) signed into law on February 20, 2009. The government intends to create a pool under each of the following categories: Historically Under-Utilized Business Zone (HUBZone), Small Disadvantaged Veteran Owned Small Business (SDVOSB), 8(a) Small Disadvantaged (SDB)

Section 00 21 00 Page 2 and Unrestricted. There must be two or more awardable offers within each category, in order to create a pool. If a pool cannot be created in any of the categories, the remaining contract capacity of any pool not established will be distributed by 1) equally distributing the total contract capacity to the remaining pools, unless no set-aside pools can be established due to lack of competition, at which point the total capacity will be redistributed to the unrestricted pool, and/or 2) making additional competitive awards to the remaining set-aside pools, unless no set-aside pools can be established due to lack of competition at which point additional unrestricted contracts will be awarded.

1.1. GENERAL DESCRIPTION OF WORK

This Request for Proposal (RFP) will result in award of two (2) or more Design/Build, Design/Bid/Build Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) for Horizontal Construction Services for Civil, Military, and International and Interagency Support (IIS) Projects within the Southwestern Division (SWD) geographic boundaries, which includes the following U.S. Army Corps of Engineer districts: Fort Worth District, Little Rock District, Tulsa District and Galveston District. These contracts are intended for multi-tasking of horizontal construction services for a wide variety of new construction, maintenance, repair, and alteration projects. This is Phase 1 of a two-phase procurement. DO

NOT PROVIDE A PRICING PROPOSAL IN PHASE 1 OF THIS RFP.

The scope of these SWD MATOCs includes construction under North American Industry Classification System (NAICS) code 237990, Other Heavy and Civil Engineering Construction, it is expected that additional work (excluding individual dredging projects), including but not limited to the following types of projects: abutment construction, asphalt and concrete paving, bridge construction, culverts, curbs, and street gutters, elevated highway construction, overpass construction, road and street surfacing, trestle construction, construction of water and sewer lines, mains, pumping stations, treatment plants and storage tanks, anchored earth retention, breakwater, spillway, floodwater, bulkhead wall or embankment, channel, canal, dams, cofferdam, dikes and other flood control structures, drainage projects, and other earth work related projects, repair, maintain, and build marine related structures, levees, flood control and jetties, as well as anti-terrorism and force protection, outdoor recreation facilities, park and recreational open space improvement and other construction activities as appropriate under NAICS code 237 will be executed under the resultant MATOC contracts. Any workload requirements associated with NAICS 237120, Oil and Gas Pipeline and Related Structures Construction, will be minimal, if not rare. Any workload associated with NAICS 237120 will first be considered for performance under one of the authorized small business set-asides, prior to consideration for award under the Unrestricted MATOC.

Once a pool of contractors is established, the contactors will compete for each task order within the established pool in accordance with the ordering procedures set forth in SECTION 00 73 00, Ordering Procedures.

In determining which contractor pool to solicit for a given task order requirement the Contracting Officer, in consultation with the Product Delivery Team (PDT) will consider - (1) the complexity of the work, (2) contract task order limitation, (3) on-going work, (4) bonding capacity, and any other task order specific requirement. To ensure that set-aside pools are given adequate consideration and in accordance with Procurement Information Letter (PIL) 2009-02 "Policy and Procedure Regarding the Use and Approval of DD Form 2579", coordination with the Deputy for Small Business is required for each task order with an estimated value of $10,000 and above.

Section 00 21 00 Page 3

When the Procuring Contracting Officer (PCO) contemplates use of the "unrestricted pool", in lieu of any of the set-aside pools, the PCO shall prepare a DD 2579 and coordinate with the Deputy for Small Business and the Small Business Administration Procurement Center Representative (PCR).

Any work executed under the SDVOSB Pool is limited to the geographic boundaries of the Southwestern Division, U.S. Army Corps of Engineers.

1.2 CONTRACT ORDERING LIMITATION IDIQ REQUIRMENTS

The Galveston District intends to award 2 or more Firm Fixed Priced (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) under the SDVOSB pool, with an estimated workload value of approximately $80,000,000.00 for SWG and SWD customers as follows: Civil Works, Military, and International and Interagency Support (IIS) mission area.

The contracts will contain a base period plus four one-year options for the U.S. Army Corps of Engineers Southwestern Division (SWD) for design-build and design-bid-build construction services with an estimated maximum task order limitation of $10 million and a minimum task order limitation of $3 thousand. The minimum guarantee for the SDVOSB MATOCs is $3000 and it only applies to the base period.

1.3 ORDERING PROCEDURES: Firm Fixed Priced Task Orders will be competed among awardees in the MATOC pool in accordance with the ordering procedures set forth in Section 00 73 00, SPECIAL CONTRACT REQUIREMENTS (SCR), which include Low Price Technically Acceptable (LPTA), Best Value Trade-Off or Sole Source Non-Competitive request for proposal procedures.

1.4 GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Galveston District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at ATTN: CESWG-CT, 2000 Fort Point Road, Galveston, TX, 77550 if it does not contain a return mailing address. There will be no exceptions.

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunity (FBO) website at:

http://www.fbo.gov

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Section 00 21 00 Page 4

Additional information regarding this solicitation and potential offerors and/or subcontractors is available at http://ebs.swf.usace.army.mil/.

1.6 OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted to the Projnet Website System. See below for more details.

Contract Specialist – Primary POC U.S. Army Corps of Engineers, Galveston District ATTN: Jacqueline Adekanbi, CESWG-CT, 2000 Fort Point Road, Galveston, TX, 77550 Email:

jacqueline.b.adekanbi@usace.army.mil

1.6.1 Bidder Inquiry

1.6.1.1 Technical inquiries and questions relating to proposal procedures or bonds must be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.6.1.1.1 To submit and review bid inquiry questions and or items, bidders will need to be a current registered user or self-register into ProjNet system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

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

1.6.1.1.3 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.

1.6.1.1.4 The Solicitation Number is : W912HY-09-R-0026

1.6.1.1.5 The Bidder Inquiry Key is: I1T6Z1-AV9BNX

1.6.1.2 The Bidder Inquiry System will be unavailable for new inquires 5 business days prior to proposal submission date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

1.6.1.4 The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

1.6.1.5 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available, other than through information provide by a preaward or postaward debriefing of offerors in accordance with procedures at FAR 15.505 and 15.506.

1.7 SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

Section 00 21 00 Page 5

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.9 PRE-PROPOSAL CONFERENCE:

DATE: 13 October 2009 TIME: 9:00 p.m. – 11:00 a.m. Central Time

LOCATION: U.S. Army Corps of Engineers, Galveston District 2000 Fort Point Road Galveston , TX 77550

CONFERENCE ROOM 175, First Floor

POC: Jacqueline Adekanbi, CESWG-CT, (409) 766-3100

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry. Parking is limited.

1.10 ACCURACY IN PROPOSALS

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

1.11 PROPOSAL SUBMITTALS

As stated on Standard Form SF 1442:

U.S. Army Corps of Engineers, Galveston District ATTN: Jacqueline Adekanbi, CESWG-CT, 2000 Fort Point Road, Galveston, TX, 77550. The Packaging that contains the Proposals shall be marked: ”Proposals for Solicitation Number: W912HY-09-R-0026

– Phase 1 – DO NOT OPEN”

1.12 PROPOSAL FORMAT:

Written proposal shall be submitted in accordance SECTION 00 22 10 of this solicitation.

1.13 JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

If this is an 8(a) or HUBZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

Section 00 21 00 Page 6

1.14 BID GUARANTEE

A Bid Guarantee will be required for proposal submission during Phase 2 of this procurement.

The penal sum of the bond will be required as in provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

1.15 NOTICE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

(ARRA) APPLICABILITY

The following provisions are applicable to Task Orders associated with the American Recovery and Reinvestment Act of 2009 (ARRA):

(1) ARRA- Buy American Requirements for Construction Materials:

- FAR 52.225-21 Required Use of American Iron, Steel and Manufactured Goods – Buy American Act – Construction Materials

- FAR 52.225-22 Notice of Required Use of American Iron, Steel and Other Manufactured Goods – Buy American Act – Construction Materials

- FAR 52.225-23 Required Use of American Iron, Steel and Other Manufactured Goods – Buy American Act – Construction Materials Under Trade Agreements

- FAR 52.225-24 Notice of Required Use of American Iron, Steel and Other Manufactured Goods and Buy American Act – Construction Materials Under Trade Agreements

(2) ARRA Reporting Requirements

- FAR 52. 204-11 Recovery and Reinvestment Act – Reporting Requirements

(3) ARRA-GAO Access

- FAR 52.215-2 Amended to add paragraph (d) Alt I

(4) ARRA-Whistleblower Protections

- FAR 52.203-15 Whistleblower Protection Under the American Recovery and Reinvestment Act of 2009

1.16 ARITHMETIC DISCREPANCIES: For the purpose of initial evaluation of offerors, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

Section 00 21 00 Page 7

1.17 UNIT ABBREVIATIONS:

LS = LUMP SUM

NSP = NOT SEPARATELY PRICED

TBD = TO BE DETERMINED

Section 00 21 00 Page 8

Section 00 21 00 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.1-4001 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between (TO BE PROVIDED PER TASK

ORDER).

52.1-4003-V AVAILABILITY OF PLANS AND SPECIFICATIONS ON ASFI and FBO

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses:

https://acquisition.army.mil/asfi/ and http://www.fbo.gov/

Please view our local website at https://ebs.swf.usace.army.mil/ebs/AdvertisedSolicitations.cfm for synopsis information.

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the ASFI website daily (using the above links) for amendments to the solicitation.

You must be registered in the Central Contractor Registration Database (CCR) to receive a government contract award. You may register with the CCR at http://www.ccr.gov/.

52.1-4005 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (13 May 1995)

(EFARS 31.105 (d)(2)(i)(B))

In this case, equipment ownership and operating costs shall be determined using the Construction Equipment Ownership and Operating Expense Scheduled published by the U.S. Army Corps of Engineers.

52.1-4011 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, Fax No. (409) 766-3010.

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

(End of Provision)

52.1-4012 DAVIS-BACON ACT (CESWG-CT)

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00700, FAR 52.222-6)is applicable to this solicitation. Wage Rates will be incorporated by TASK ORDER.

Section 00 21 00 Page 9

52.1-4102 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the lobby of 2000 Fort Point Road, Galveston District, Galveston, TX 77550, Not Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry. Parking is limited. Firearms are not permitted on the installation. Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring Break and the Summer Season, can have traffic slow downs and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

(End of Clause)

52. 1-4103 INQUIRIES

1. Prospective Offerors should submit questions concerning this Request for Proposal via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

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

C. Offerors 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.

D. The Solicitation Number is: W912HY-09-R-0026

The Bidder Inquiry Key is: I1T6ZI-AV9BNX

2. The Bidder Inquiry System will be unavailable for new inquires five (5) business days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

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

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Section 00 21 00 Page 10

5. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile

(202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be __ DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

Section 00 21 00 Page 11

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.215-1 -- INSTRUCTIONS TO OFFERORS -- COMPETITIVE ACQUISITION (Jan 2004)

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

“In writing,” “writing,” or “written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show --

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Section 00 21 00 Page 12

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and --

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude…