Final_Solicitation_-_W912P4-14-R-0005.pdf

Project Information: Multiple Aw ard Task Order Contract for construction type activities as identif ied in the scope of w ork. The Government intends to aw ard up to 5 contracts as a result of this solicitation to provide construction activities for the Buffalo District and the other six (6) Districts (Chicago, Detroit, Pittsburgh, Huntington, Louisville, and Nashville) w ithin the Great Lakes and Ohio Rivers Division.

This is a total small business set aside.

The available capacity for the MATOC Pool is $40,000,000.00 over the f ive year base ordering period.

NAICS: 237990 - Other Heavy and Cilvil Engineering Construction - Size Standard $33,500,000.

Offerors MUST be registered in SAM Database (w w w .sam.gov)

Please note: The information in Block 11 w ill be provided on a task order basis.

OKSANA STREKHA 716.879.4122

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

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

NEGOTIATED

14-May-2014

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Jun 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

DEPARTMENT OF THE ARMY

USACE, BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

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

8. ADDRESS OFFER TO (If Other Than Item 7)

716-879-4353FAX:TEL: 716-879-4134 TEL: FAX:

W912P4-14-R-0005 65

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912P4-14-R-0005 USACE Buffalo Construction MATOC

Section 00100 - Bidding Schedule/Instructions to Bidders

BINDING CONTRACT RATE PRICING

Item No.Description Quantity Unit Unit Price Extended Price

Year 1

0001 Project Manager

1,712 hours

0002 Superintendent

4,552

0003 CQC Manager

3,512

0004 Site Safety Health Officer 3,512 hours $ $

Year 1 Total $

Year 2

Year 2 Total $

Year 3

Year 3 Total $

Item No.Description Quantity Unit Unit Price Extended Price

Year 4

Year 4 Total $

Year 5

Year 5 Total $

NOTE 1: The hourly rates proposed on this price breakout schedule will become binding upon award for the life of the MATOC Contract and must be used on each subsequent task order.

NOTE 2: The number of hours for each discipline are estimated based on past experience and are only used to approximate the total estimated MATOC cost for price evaluation purposes. Rates will not be re-negotiated should the level of effort exceed these estimated quantities. Please see FAR Clauses 52.216-19 Order Limitations and 52.216-22 Indefinite Quantity for information regarding the contract minimums and maximums.

AWARDING TASK ORDERS

This is an Indefinite Delivery, Indefinite Quantity type Contract (IDIQ) contract utilizing Firm-Fixed-Price task orders in accordance with FAR 16.500 for Construction Activities within the Great Lakes and Ohio River Division Mission Boundaries. This is a Multiple Award Task Order Contract (MATOC) contract. This contract is set aside for Small Business Contractors. The total combined contract capacity under the contract is valued at $40,000,000 over a five year base period. Awards will be made as Firm-Fixed- Price Task Orders during the period of performance.

More than one contract is being awarded for the same services under this solicitation. Each awardee will be afforded a fair opportunity to be considered for each task order in excess of $3,000.00 in accordance with FAR

16.505 (b) (1)(i).

Task orders will typically be competed among all awardees. In general, Task Order award will be made based on the basis of low price or Best Value as outlined in the individual task order. Best value may consider possible evaluation factors such as past performance on previous task orders, technical rating, price, etc.

If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman, who is the USACE PARC, at the following address: Ms. Beverly Thomas, Directorate of Contracting, PARC, 60 Forsyth Street S. W., Room 10M35, Atlanta, GA 30303-8801. The ombudsman will review the contractor’s complaint, and in coordination with the Contracting Officer ensure that the contractor was afforded a fair opportunity to be considered for the task order.

The minimum guarantee is $10,000 per contract.

BID SCHEDULE

CANADAWAY CREEK STREAMBANK PROTECTION, TOWN OF DUNKIRK, NEW YORK

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

l. Project Manager ________ HR $________ $__________

2. Superintendent ________ HR $________ $__________

3. CQC Manager ________ HR $________ $__________

4. Site Safety Health Officer ________ HR $________ $__________

5. Mobilization/Demobilization JB $__________

6. As-Built Drawings JB $__________

7. Clearing and Grubbing JB $__________

8. Excavation 3,000 CY $________ $__________

9. Granular Fill and Chinking 575 TN $________ $__________ Stone

10. Riprap 4,250 TN $________ $__________

11. Topsoil and Seeding JB $__________

TOTAL OF ITEMS 1 THROUGH 11 $__________________

NOTE 1: BIDS MUST BE COMPLETE AS TO ALL THE ITEMS ON THE SCHEDULE. FAILURE TO

COMPLETE ALL ITEMS ON THE BID SCHEDULE WILL RENDER THE BID NON-RESPONSIVE

SECTION 00110

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

BEST VALUE TRADE-OFF PROCUREMENT

PART 1 GENERAL

The procedures for the submission of all proposals shall be furnished as specified in this Section and in accordance with the additional procedures listed below.

1. ACQUISITION METHOD.

In accordance with FAR 15.101-1, award will be made on the basis of a tradeoff between past performance and price evaluation factors set forth in the solicitation. Through use of the best value method of contracting, using the source selection trade off process, the USACE-Buffalo District, seeks to acquire the services described in this solicitation and its accompanying documents. This particular acquisition method considers award to other than the lowest priced offeror or other than the highest rated offeror for the non-price factor. In addition, this process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal.

As this is a competitive negotiation acquisition, there is no public proposal opening and no information will be given out as to the number of Offerors or results of the competition until all awards are made.

Oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.1. WHO MAY SUBMIT.

Competition for this acquisition is set aside for small business. The applicable North American Industry Classification System (NAICS) code for this procurement is 237990, with a small business size standard in dollars of $33.5M. The intent of this Solicitation is to select up to five of the most highly rated offerors to provide construction activities for the Buffalo District and Detroit District and the other 5 Districts (Chicago, Pittsburgh, Huntington, Louisville, and Nashville) within the Great Lakes and Ohio Rivers Division.

Offerors must have and must maintain an active registration in the following database:

System for Award Management (SAM): Offerors must possess and must maintain an active registration in the SAM database at https://www.sam.gov/portal/public/SAM/ to be eligible for a Government contract award. Firms organized as construction contractors that have associated specifically for this project, or other interested parties, may submit proposals. In the latter case, the association may be a joint venture or a subcontractor. If submitting as a joint venture, ensure that the joint venture business name is registered in like manners in the System for Award Management (SAM) database. If the Offeror is a Joint Venture (JV), the JV entity must have valid SAM registration in the SAM database representing the JV as one business/firm/entity. Note: As mandated by the law, this Agency cannot award a contract to a contractor who is not registered in the SAM database. If at the time of award an Offeror is not actively, completely, and successfully registered in the SAM database, the Government reserves the right to award to the next prospective Offeror.

Also note that if joint venturing with a mentor protégé relationship in place, the mentor protégé agreement must be pre-approved by the SBA prior to the joint venture submitting its proposal to this Agency.

https://www.sam.gov/portal/public/SAM/

1.2. SUBMISSION DEADLINE.

Submission of Inquiries: Any explanation desired by an Offeror regarding the meaning or interpretation of the RFP shall be submitted only by e-mail to Oksana Strekha at oksana.strekha@usace.army.mil . Be sure to include the solicitation number, and project title in the subject line of your email with any of your questions/clarifications. Written questions must be received by this office no later than 10 calendar days prior to the date set for receipt of offers. TELEPHONE INQUIRIES WILL NOT BE ACCEPTED.

Directions for Submitting Proposals: Proposals shall be received by the Corps of Engineers, Buffalo District Office no later than the time and date specified in Block 13 of the SF 1442 (Page 1) of this Solicitation. The bid bond shall be mailed and received at the address in Block 7 of SF 1442 (Page 1) of this Solicitation. The bid bond must be received no later than the date specified in Block 13 of the SF 1442 (Page 1) of this Solicitation. Mail the bid bond to the attention of Ms. Oksana Strekha. The bid guarantee shall be submitted in original form and copy included in the eletronic proposal. The remaining proposal items shall be submitted both in hard copies and electronic format. To be considered for evaluation both mailed proposals along with an electronic copy must be provided by the due date.

Proposals should be mailed to the address specified in Block 7 of SF 1442. Electronic copies shall be sent via e-mail before the set deadline to oksana.strekha@usace.army.mil and jeffrey.g.ernest@usace.army.mil

1.3. SUBMISSION FORMAT AND NUMBER OF SUBMITTALS.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government.

Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offeror’s should provide sufficient detail and clearly define all items required in this section.

The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

The Offeror shall submit all proposal materials in both hard copies and electronic format with a table of contents. Each Section submitted must be parallel with the submission requirements identified below.

The bid guarantee shall be submitted in original form and copy included in the eletronic proposal. All information requested for Sections 1 through 2 must be submitted for the proposal to be considered responsive to the Solicitation.

The response shall consist of two (2) separately bound Volumes, Volume I – Past Performance Information, and Volume II – Price Proposal and Pro Forma Requirements.

mailto:oksana.strekha@usace.army.mil mailto:jeffrey.g.ernest@usace.army.mil

1.3.1. SPECIFIC INSTRUCTIONS:

Submission Format Requirements

Number of Submittals

VOLUME I

Section 1

Past Performance (FACTOR 1)

Submit original and tthree (3) copies &

PDF

VOLUME II

Section 2

Price Proposal and Pro Forma Requirements

(FACTOR 2)

Submit original and three (3) copies &

PDF

A. Completed Bid Sheet for Binding Rates and Completed Bid Sheet for Initial Task Order

Submit original and three (3) copies &

PDF

Email Attachment

B. SF 1442

C. Representations & Certificates

D. Bid Guarantee

2. GENERAL PROPOSAL INFORMATION.

Offerors should limit submissions to the data essential for evaluation so that a minimum of time and funds are spent in preparing the information. However, in order to be effectively and equitably evaluated, Offerors must include information that is sufficiently detailed to describe the Offeror's qualifications and experience.

The Government will not be liable for any costs incurred by the Offeror submitting an offer in response to this Solicitation.

The criteria specified in this RFP are binding contract criteria and in cases of any conflict, subsequent to award, between RFP criteria and contractor's submittals, the RFP criteria shall govern unless there is a written agreement between the Contracting Officer and the contractor on the waiving of a specific requirement.

Clarification of the Provisions of this Request for Proposal. Any explanation desired by an Offeror regarding the meaning or interpretation of the RFP shall be requested in writing to the Contracting Branch, Attention: Oksana Strekha at oksana.strekha@usace.army.mil –BE SURE TO INCLUDE THE

SOLICITATION NUMBER AND/OR PROJECT TITLE IN THE SUBJECT LINE OF YOUR

EMAIL.

2.1. PROPOSAL REQUIREMENTS.

2.1.1. VOLUME 1: FACTOR 1 - PAST PERFORMANCE

2.1.1.1. The Past Performance Questionnaire (PPQ) included in the solicitation (Attachment 1) is provided for the offeror to submit up to five (5) PPQs in its proposal for Factor 1. The maximum page limit for this factor is 10 pages (the PPQs do not count towards the page limitation). Additionally, offerors are encouraged to provide detailed project descriptions for the submitted projects within the 10 page limitation to demonstrate how the submitted projects are relevant. The contractor shall demonstrate recent, relevant experience on similar projects, using the PPQ. To be considered similar, projects must include construction activities such as operations and maintenance, repair, rehabilitation, building construction, heavy highway construction, building rehab, stone work, and/or bank stabilization work and have a minimum value of $250,000.00. Offerors may identify state and local government and private contracts that are similar to the Government’s requirements. If the offeror is a joint venture, each firm shall provide information, demonstrating experience relevant to their role on this project. Submit projects that are currently well underway (at least 50% construction progress completed) or completed and turned over no longer than five (5) years preceding the date of this Solicitation. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. The intent of the PPQ is to determine the relevancy of each project and how well the offeror performed on each project. An IDIQ contract may be submitted only if a single task order could be considered similar to this project. Task orders may not be combined in order for the contract to be considered similar to this project.

Preferably, the completed PPQs will be included in the 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 PPQ, 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 contact, Oksana Strekha via email at oksana.strekha@usace.army.mil prior to proposal closing date. Inclusion with your proposal is the preferred method. 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.

2.1.1.2. The Offeror shall identify the extent and type of work that was subcontracted out for each PPQ submitted. The type of project shall be clearly identified.

2.1.1.3. Also include performance recognition documents received within the last 5 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. These documents count against the 10 page limit.

2.1.2. VOLUME 2: FACTOR 2 - PRICE PROPOSAL (Section 1).

This section is limited to 20 pages, including the bid schedules. Offerors shall submit the completed bid schedules provided in Section 00100 for the Binding Contract Rate Pricing and Section 00100 for the initial Task Order for Canadaway. The direct labor rates proposed for the Binding Contract Rate Pricing shall be used for the Canadaway pricing. This will be a standard requirement for all future task orders.

The total proposed price for evaluation purposes will be the summation of the price proposed on each bid schedule.

2.1.3. Pro Forma Requirements (Section 2):

All Documents required by this Section shall be submitted in both electronic and hard copy form to the address specified above. The original bid bond shall be submitted in original form and enclosed in Volume II.

Required documents: SF 1442 (Page 2 of the Solicitation document): Blocks #14 THROUGH #16 on the 1442 shall be completed by an authorized person from the company or joint venture. In addition, any amendments shall be acknowledged.

Section 00600 of the Solicitation document (Representations and Certifications): The offeror must complete and submit the Representations and Certifications contained in Section 00600 of this Solicitation.

Bid Bond: The offeror must submit a Bid Guarantee for this solicitation. Any offeror failing to submit an acceptable Bid Guarantee will be considered non-responsive to the solicitation and ineligible for initial evaluations and award. The Bid Guarantee shall be in the amount of 20% percent of the offeror's proposed price or $3,000,000.00, whichever is less. In determining the amount of the Bid Guarantee, it is based on the summation of the price proposed on each bid schedule.

FORM A2 - Past Performance Questionnaire Attachment 1

PAST PERFORMANCE QUESTIONNAIRE

Note: The past performance questionnaire consists of a total of five (5) pages.

CONTRACT INFORMATION (Offeror to complete Blocks 1-4)

1. Contractor Information Firm Name: CCR CAGE Code:

Address: CCR DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: THE GOVERNMENT REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR.

THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

THE EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract.

There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor negative.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS YOUR EVALUATION OF THE

CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

E VG S M U N

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained

E VG S M U N

variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. Yes No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes:

following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements.

E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

SECTION 00120

PROPOSAL EVALUATION AND CONTRACT AWARD

1. OVERVIEW.

1.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers will evaluate the proposals. Offerors are advised that the evaluations and ratings of proposals will be conducted in strict confidence in that technical/quality proposals are reviewed and rated without knowledge of the price offered. The number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors.

1.2 The basis of award is the Tradeoff Process. The Contracting Officer will award up to five (5) MATOC contracts to the responsible offerors whom the Source Selection Authority determines conforms to the solicitation, are fair and reasonable and offer the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer. There are two factors being evaluated, past performance and price. Past Performance is more important than price.

The initial task order will be awarded to the offeror who proposes the lowest price for the task order amongst the offerors selected for a MATOC award.

1.3 Proposal submission requirements are outlined in Section 00110 of the RFP.

1.4 The Government intends to award without discussions; however, the Government reserves the right to conduct discussions if necessary.

2. EVALUATION PROCESS. The evaluation process essentially consists of three parts: proposal compliance review, past performance/price evaluation, and a tradeoff analysis of the Past Performance and Price factors.

Proposal Compliance Review: The contract specialist will review the proposals to ensure they contain all of the required items as outlined in the RFP. Failure to include the required items may result in an offeror’s proposal from being further considered for award.

Past Performance Evaluation: The SSEB will evaluate and rate the proposals against the RFP requirements. Details of this evaluation are provided below.

Price Evaluation: The SSEB and Contracting Officer/SSA will evaluate the price proposals independent of the past performance evaluation. The SSEB will not have access to price information until completion of the past performance evaluation.

Cost/Technical Trade-off Analysis: After all above evaluations are complete, the Contracting officer/SSA will compare the relative advantages and disadvantages of technical proposals and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the proposals offering the most advantage to the Government.

2.1 Definitions

1. 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).

2. Clarification. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated.

3. Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “PPIRS” or “FAPPIS.”

3.0 FACTOR 1 - PAST PERFORMANCE

3.1 Performance on Previous Relevant Contracts

The Government will perform a performance confidence assessment of the offeror’s probability of successfully meeting the contract requirements, considering the degree of success of the team's recent (well under way or turned over no longer than 5 years preceding the date of this solicitation), relevant experience. The Government will evaluate the extent of recent, relevant experience of the prime contractor on projects that are similar to the scope of this project to include operations and maintenance, repair, rehabilitation, building construction, heavy highway construction, building rehab, stone work, and/or bank stabilization work and have a minimum value of $250,000.00. The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience.

3.1.1 The Government will consider the extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and local conditions.

Some examples of relevancy to this project may include, but not be limited to:

Number, size, type work, and complexity of the projects;

Dates (well under way or completed no more than 5 years preceding date of Solicitation);

Firm's role and extent of work self-performed

3.1.2 The Government will assess the past performance on projects submitted and reserves the right to conduct telephone interviews with points of contact identified in the proposal, and/or to review other recent projects rated in CCASS/ACASS or other agency performance databases, review and/or contact offeror furnished references, or to review personal knowledge.

3.1.3 The Government will first assess and rate the relevancy of recent projects accomplished by the offeror to the scope of this contract for overall application to the performance confidence assessment ratings described hereinafter. The projects will include those submitted as well as from other sources described above. This rating is not a separate proposal rating but is only used in developing overall past performance confidence assessment rating assigned to the Past Performance Factor. The past performance relevancy ratings are described below:

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

Relevant: Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires

Somewhat Relevant: Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. (i.e. general construction)

3.1.4 The Government will next consider how well the offeror performed on the contracts. The

Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. With respect to relevancy, past performance on projects with more relevance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment rating than past performance on projects of lesser relevance. If any firm has multiple functions or divisions, The Government will only evaluate past performance of the division or unit submitting the offer or by the team member. Owners/references may be asked to comment on items such as timeliness, management effectiveness, subcontractor management, safety, relations between owner and designer or contractor, level of support for such things as as-built documentation, O&M manuals, training, warranty work, etc.

3.1.5 An overall past performance rating for Factor 1 shall be assigned in accordance with the following table. The degree of relevant past performance experience will factor into the overall rating. For example, if all of the offeror’s performance ratings are Exceptional, the overall confidence level may be lowered due to the relevancy of the experience.

RATING

DEFINITION AND CRITERIA

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

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

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

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown 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.

4.0 FACTOR 2 – PRICE

4.1 Evaluation Criteria:

The total evaluated price will be determined by adding the Total (all five years) MATOC price from Section 00100 with the Total Proposed Price for the initial task order from Section 00100. The price will be reviewed by the Contracting Officer/SSA for reasonableness through the use of price analysis. Price will also be checked for unbalancing of line items. Offerors are cautioned to distribute costs appropriately. Award will not be made to offerors who do not provide reasonable and realistic prices for all disciplines listed in the Contract Rate Pricing proposal, and for all line items in the initial task order proposal. Further, proposals that do not utilize the binding rates proposed in the Contract Rate Pricing proposal to calculate the price for the initial task order will not be considered for award.

CLAUSES INCORPORATED BY REFERENCE

52.211-6 Brand Name or Equal AUG 1999 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns

APR 1984

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JULY 2013)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b)The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to five (5) Indefinite Delivery Indefinite Quantity Multiple Award Task Order Firm-Fixed-Price contracts resulting from this solicitation.

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade Goals for female participation for each trade

Will be determined on Task Order basis

6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city].

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is…