W912P518R00070001_9FEb2018.pdf

CONTRACTING BRANCH (SPH)

110 9TH AVENUE SOUTH

NASHVILLE TN 37203

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Solicitation W912P518R0007 for the Design, Manufacture, Factory Testing and Delivery of Tw o (2) Generators for the Barkley Pow er Plant, Kuttaw a, KY is hereby amended as follow s:

SEE SUMMARY OF CHANGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 08-Feb-2018

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P518R0007

X 9B. DATED (SEE ITEM 11)

19-Jan-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Feb-2018

CODE

CELRN-RC-N CONTRACTING BRANCH

A405, 110 9TH AVE S

NASHVILLE TN 37203

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912P5

FACILITY CODECODE

EMAIL:TEL:

W912P518R0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 28-Feb-2018 11:00 AM to 11-Apr-2018 11:00 AM.

The following have been added by full text:

AMENDMENT 0001

A) Due date for proposals is hereby extended from 11:00 AM Local Time (CST) 28 February 2018 to no later than 11:00 AM Local Time (CST) 11 April 2018.

B) Section L, Instructions to Offerors paragraph 1.10 Questions and Clarifications: the due date for questions is hereby changed from 9 February 2018 to 6 March 2018.

C) FAR 52.246-17 – Warranty of Supplies of a Noncomplex Nature is hereby added to this solicitation.

D) FAR 52.252-3, Alterations in Solicitation is hereby updated.

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for five (5) years from the date of final acceptance of work--

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within thirty (30) days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

SECTION L

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

PART 1 OVERVIEW

1.0 Intent

This solicitation is to select one (1) contractor for the design, manufacture, factory testing, transportation, and onsite reassembly/testings of two (2) main power transformers for the Barkley Power Plant, located in Kuttawa, Kentucky.

1.1 Type of Contract

The Government intends to award one (1) firm-fixed price supply contract.

1.2 Availability of Plans (Drawings), Technical Specifications and Additional

Documents

All drawings, technical specifications, and additional documents relating to this RFP are available for download at this solicitation posting on the Federal Business Opportunities (FBO) website, www.fbo.gov. No printed copies of the aforementioned documents will be provided by the Government. Although provided as separate attachments, the following documents are considered an official part of the solicitation.

a) PLANS: The following Adobe PDF contains the complete set of plans:

W912P518R0007_TPlans.pdf

b) SPECIFICATIONS: The following Adobe PDF contains the complete technical specification: W912P518R0007_TSpecs.pdf

c) DRAWINGS: The following Adobe PDF contains the complete technical drawings: W912P518R0007_Reference Drawings.pdf

1.3 Project Description

The contractor will supply all labor, materials, and supplies necessary to design, manufacture, perform factory acceptance testing, transport to the Barkley Power Plant, reassemble and perform onsite testing of the two (2) generation step-up (GSU) main power transformers.

1.4 Basis of Award

This is a “Best Value – Tradeoff” solicitation, as it may be in the best interest of the Government to consider award to other than the lowest-priced Offeror or other than the highest technically-rated Offeror.

1.5 Who May Submit

This procurement is unrestricted to obtain full and open competition. Proposals from firms organized as joint ventures (JV) that have associated specifically for this project must include a copy of the legal joint venture agreement in the proposal submission.

1.6 North American Industry Classification System (NAICS) and Small Business Size Standard

The NAICS code for this project is 335311, entitled “Power, Distribution and Specialty Transformer Manufacturing”, which has a Small Business Administration (SBA) size standard of 750 Employees.

1.7 System for Award Management (SAM) Registration

As mandated by law, this agency cannot award a contract to a contractor who is not registered in the SAM database (www.sam.gov). If submitting as a joint venture, ensure http://www.sam.gov/ that the joint venture business name is registered in like manner in the SAM database (www.sam.gov).

1.8 Pre-Proposal Site Visit

An organized site visit is scheduled during the solicitation period. Offerors should inspect the job site prior to submitting a proposal. Offerors should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve Offerors from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents.

The scheduled site visit shall be held February 6, 2018 at 9:00 AM Local Time (CST) at the Barkley Power Plant located at 8439 US Highway 62 West, Kuttawa, KY 42055.

POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Steve Hutchens at Stephen.P.Hutchens@usace.army.mil.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

1.9 Requirements to Attend the Site Visit - Only registered persons will be permitted to attend the site visit. In addition to the below information, please also provide your name of firm, firm’s CAGE and/or Unique Entity Identifier Number (formerly known as a DUNS number), and name and position, title of primary point-of-contact and their telephone number and email address. Only two (2) persons from each business entity will be permitted to attend.

U.S. Citizens: To register, U.S. citizens interested in attending the site visit must submit an LRN Security Access Form to the POC, Contract Specialist, Steve Hutchens, by email to Stephen.P.Hutchens@usace.army.mil no later than two (2) full business days prior to the site visit. If submitting the form in less than two (2) full business days, the person may not receive approval for participation. Notification of approval or denial will be provided prior to the date of the site visit. The form is available as a pdf attachment on www.fbo.gov with this solicitation and is titled as Pre- Proposal Site Visit Form.

Foreign Nationals (FNs): FNs wishing to attend the site visit shall submit a completed LRN FN Security Form and legible color copies of two (2) of the following documents: Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N 550 or N-570), unexpired foreign Passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-http://www.sam.gov/ mailto:Stephen.P.Hutchens@usace.army.mil

151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I-688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS- Form I571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN POC. These documents must be submitted two (2) weeks prior to the site visit. Exceptions will be considered on a case by case basis but will be limited. The form is available at:

http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx

1.10 Questions and Clarifications

Questions and clarifications regarding the solicitation must be submitted to Steve Hutchens at Stephen.P.Hutchens@usace.army.mil no later than 9:00 AM CT on 6 March 2018.

1.11 Where to Submit and Submittal Deadline

Offerors shall submit their proposals no later than the time and date specified in Block 9 of Standard Form 33 (SF 33). Offerors shall submit their proposals to:

If mailing via USPS or courier:

U.S. Army Corps of Engineers Rivers Contracting Division Nashville Contracting Branch (CELRN-RC-N) Attn: Steve Hutchens (W912P518R0007) Room #A405 (Mailroom) 110 9th Avenue South Nashville, TN 37203

Faxed or emailed proposals will not be accepted.

http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx

PART 2 SUBMISSION FORMAT AND NUMBER OF SUBMITTALS

2.1 Offerors are required to submit a proposal consisting of two (2) Volumes with a Past Performance Proposal, Technical Proposal, Small Business Participation Proposal, and Price Proposal as shown in the table below. Proposals shall be organized as follows.

Volume Evaluation Factors Quantity to be

Submitted Volume 1

Past Performance Proposal

Technical Proposal

Small Business Participation Proposal

Factor I – Performance Confidence Assessment

Factor II – Drawings and Descriptive Data Factor III – Efficiency Factor IV – Manufacturer Experience

Factor V – Small Business Participation Plan

Original and five (5) copies and one electronic copy on labeled CD*

Volume 2

Price Proposal

Factor VI – Price A. Proposal Data Sheet B. SF 33 and acknowledged amendments (if any) C. Section B D. Section K (unless available at SAM) E. Joint Venture Agreement, if applicable F. Proof of Financial Capability

Original Only and one (1) electronic copy on labeled CD*

2.2 *NOTE: The paper copy of the proposal shall be used for evaluation and will control any conflicts or discrepancies between the two media. Offeror is responsible for ensuring the paper copy is consistent with the electronic copy of the proposal.

2.3 All paper copy proposal materials shall be submitted in three-ring binders with a table of contents and with tabbed, labeled section dividers. The sections should parallel the submission requirements identified above. Each copy shall be placed in a separate binder. Provide the original, marked “ORIGINAL”, and five (5) numbered copies, marked “Copy X of Y” (i.e. Copy 1 of 5) of Volume 1. The Offeror’s name, address, date of proposal, and telephone number shall be identified on the cover of the binder. Volume 2 shall be placed in a sealed envelope with information in Tabs VI-A through VI-G as listed above. The sealed envelope shall be labeled with the solicitation number and the Offeror’s name, address and telephone number.

For the electronic copies, the entire contents of each volume shall be submitted as a separate single .pdf document on a single CD. Materials not organized under the appropriate tabs, and in the sequence of subparagraphs under each tab, may be overlooked during evaluations thus possibly affecting the rating of the Offeror.

2.4 Volume 1, Past Performance Proposal, shall be limited to no more than 20 pages, 8-1/2” by 11”, printed double sided. Charts, tables, drawings and illustrations should be limited to 11” by 17” folded and bound into the three-ring binder. Pages should have a one-inch margin on all sides. Text should be 12-point, Times New Roman. (Captions for drawings and tables may be 10-point.) Any Past Performance Questionnaires or Evaluations will not be counted toward the overall page limit.

Pages exceeding the page limits will be removed and not evaluated.

2.5 Volume 1, Technical Proposal shall be limited to no more than 50 pages, 8-1/2” by 11”, printed double sided. Drawings, charts, tables, and illustrations should be limited to 11” by 17” folded and bound into the three-ring binder and shall be counted toward the 50 page limit. Pages should have a one-inch margin on all sides. Text should be 12-point, Times New Roman. (Captions for tables may be 10-point.)

Pages exceeding the page limit will be removed and not evaluated.

2.6 Volume 1, Small Business Participation Plan Proposal shall be limited to no more than 50 pages, 8-1/2” by 11”, printed double sided. Charts, tables, and illustrations should be limited to 11” by 17” folded and bound into the three-ring binder and shall be counted toward the 50 page limit. Pages should have a one-inch margin on all sides. Text should be 12-point, Times New Roman. (Captions for tables may be 10-point.) Pages exceeding the page limit will be removed and not evaluated.

2.7 Volume 2, Price Proposal shall be limited to no more than the information necessary for evaluation purposes, printed double sided. Pages should have a one-inch margin on all sides. Text should be 12-point, Times New Roman.

PART 3 PROPOSAL INFORMATION

3.1 Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information will not be evaluated. Proposals that provide only superficial coverage of the information required may not receive additional consideration and may be excluded from the competitive range. Additionally, should the proposal include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be “unacceptable” and thus ineligible for award.

Offerors shall 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, technical approach, and past performance to successfully complete the proposed work within the performance period specified.

3.2 The Government shall not be liable for any cost incurred by the offeror in submitting a proposal in response to this solicitation.

3.3 Any clarification of provisions of this RFP or any explanation desired by an offeror regarding the meaning or interpretation of the RFP and/or any contact between the offeror and USACE concerning this solicitation shall be submitted in writing to the Contract Specialist via email at Stephen.P.Hutchens@usace.army.mil or via courier at the following address:

U.S. Army Corps of Engineers Rivers Contracting Division Nashville Contracting Branch (CELRN-RC-N) Attn: Steve Hutchens (W912P518R0007) Room #A405 (Mailroom) 110 9th Avenue South Nashville, TN 37203

3.4 Requests for questions and clarifications received during the solicitation period will be addressed if the correspondence is received within the timeframe as specified in Section L paragraph 1.10 Questions and Clarifications.

PART 4 GOVERNING DOCUMENTS POST-AWARD

The criteria specified in this RFP and the technical specifications are binding contract criteria, and in cases of any conflict subsequent to award between RFP and criteria and technical specifications and contractor’s proposal, the RFP criteria and technical specifications shall govern.

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

AMENDMENT 0001

A) Due date for proposals is hereby extended from 11:00 AM Local Time (CST) 28 February 2018 to no later than 11:00 AM Local Time (CST) 11 April 2018.

B) Section L, Instructions to Offerors paragraph 1.10 Questions and Clarifications: the due date for questions is hereby changed from 9 February 2018 to 6 March 2018.

C) FAR 52.246-17 – Warranty of Supplies of a Noncomplex Nature is hereby added to this solicitation.

(End of Summary of Changes)