W912P520R0004_Kentucky Lock Downstream Monolith.pdf

PROJECT TITLE: Dow nstream Monolith Construction for the Kentucky Lock, Grand Rivers, Kentucky

TYPE OF CONTRACT: Firm Fixed Price Construction Contract

DISCLOSURE OF MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: Betw een $250,000,000 and $500,000,000.

NAICS: 237990 - Other Heavy and Civil Engineering Construction

SIZE STANDARD: $39.5 Million

TYPE OF SET ASIDE: This is a full and open procurement. In accordance w ith Federal Acquisition Regulation 19.1307, this project requires the HUBZone 10% price evaluation.

Proposals received by E-mail or Facsimile w ill not be considered.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

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

EUGENIA J CORDER 615.736.5603

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

20-Apr-2021

(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 _______10 calendar days and complete it w ithin ________1795 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________04 Jun 2021 (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 _______110 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

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

W912P5

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

615-736-7124FAX:TEL: 615-736-7932 TEL: FAX:

W912P520R0004 1 OF 89

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

W912P520R0004

Section 00 10 00 - Solicitation

PRICE BREAKOUT SCHEDULE

The Price Schedule (W912P520R0004 Price Schedule.xls) is attached and is intended to be part of this solicitation.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job KY Lock, Downstream Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Base.

FOB: Destination

PSC CD: Y1KA

NET AMT

1001 1 Job OPTION Option 1: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 1.

2001 1 Job OPTION Option 2: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 2.

3001 1 Job OPTION Option 3: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 3.

4001 1 Job OPTION Option 4: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 4.

5001 1 Job OPTION Option 5: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 5.

6001 1 Job OPTION Option 6: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 6.

7001 1 Job OPTION Option 7: KY Lock DS Monolith

FFP

Located at Grand Rivers, Kentucky in accordance with the technical specifications and plans. This CLIN should include the total price for all Price Breakout Schedule line items for Option 7.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-OCT-2021 TO

30-SEP-2026

N/A WEST KY AREA OFC,KENTUCKY LOCK

CHRISTOPHER MARSHALL

265 KENTUCKY LOCK ROAD

GRAND RIVERS KY 42045-9706

270-362-4236

W912P5

1001 POP 11-OCT-2021 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

6001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

7001 POP 11-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

PART 1 OVERVIEW

1.0 Intent

This solicitation is to select one (1) contractor for the construction of the Downstream Monolith at the Kentucky Lock, Grand Rivers, Kentucky.

1.1 Type of Contract

The Government intends to award one (1) Firm-Fixed Price Construction Contract.

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

All drawings, technical specifications, and additional documents relating to this Request for Proposal (RFP) are available for download at this solicitation posting on the Beta SAM website, beta.SAM.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: UAW Certified Final Plans:

W912P520R0004 TPlans Folio 1 of 4 - RTA.pdf W912P520R0004 TPlans Folio 2 of 4 - RTA.pdf W912P520R0004 TPlans Folio 3 of 4 - RTA.pdf W912P520R0004 TPlans Folio 4 of 4 – RTA_Part1.pdf W912P520R0004 TPlans Folio 4 of 4 – RTA_Part2.pdf W912P520R0004 TPlans Folio 4 of 4 – RTA_Part3.pdf W912P520R0004 TPlans Folio 4 of 4 – RTA_Part4.pdf W912P520R0004 TPlans Folio 4 of 4 – RTA_Part5.pdf

b) SPECIFICATIONS: UAW Certified Final Specs:

W912P520R0004 TSpecs - RTA.pdf W912P520R0004 TSpecs APP A - RTA.pdf

c) PRICE SCHEDULE: W912P520R0004 Price Schedule.xls

d) SITE VISIT DIRECTIONS: Directions to USACE West Kentucky Resident Office.pdf

e) WAGE DETERMINATIONS: WD KY20210061 dated 19 February 2021.pdf

1.3 Project Description

The contractor shall supply all labor, materials, supplies, management and oversight to construct the Downstream Monolith at the Kentucky Lock, Grand Rivers, Kentucky.

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 237990, entitled “Other Heavy and Civil Engineering Construction”, which has a Small Business Administration (SBA) size standard of $39.5 Million.

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 that the joint venture business name is registered in like manner in the SAM database (www.sam.gov).

In accordance with FAR 52.204-7 System for Award Management, An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Any offeror not registered in the System for Award Management (SAM) when submitting a proposal will be considered not incompliance with the solicitation and may not be considered for evaluation or award.

1.8 Pre-Proposal Site Visit

A Pre-Bid Video Conference Presentation and an organized Site Visit has been scheduled during this 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.

Due to COVID-19, this project will have a Pre-Bid Site Visit with a video conference presentation that shall be held on May 4, 2021 at 9:00 AM Local Time (CST). This invitation will be sent to the contractor after the Site Visit Registration has been approved.

An organized site visit has been scheduled for—

May 6, 2021 at 9:00 AM Local Time (CST)

The location for the site visit is the USACE West KY Resident Office:

193 Taylor Park Rd., Grand Rivers, KY 42045

Phone: (270) 362-2163

Coordinates: 37.015635, -88.261287

Directions to this site visit can be located on the attached document: Directions to USACE West Kentucky Resident Office.pdf.

POINT-OF-CONTACT: For questions and /or concerns regarding the video conference presentation, please contact Eugenia J. Corder at Eugenia.J.Corder@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

Additional Information for attendance to the site visit is included under FAR clause 52.236-27 Alt I.

1.10 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Eugenia Corder via email at Eugenia.J.Corder@usace.army.mil.

Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code.

Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled.

QUESTIONS: Questions regarding the solicitation must be submitted to Eugenia Corder via email at Eugenia.J.Corder@usace.army.mil no later than 10:00 AM CST on 10 May 2021.

1.11 Where to Submit and Submittal Deadline

The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide proposal submission instructions and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Eugenia Corder at Eugenia.J.Corder@usace.army.mil AND to Contracting Officer Stephen Hutchens at Stephen.P.Hutchens@usace.army.mil.

Proposals for this procurement shall be submitted via the above link.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Eugenia Corder at Eugenia.J.Corder@usace.army.mil AND to Contracting Officer Stephen Hutchens at Stephen.P.Hutchens@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five

(5) working days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR THIS PROCUREMENT.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist, Eugenia Corder, at Eugenia.J.Corder@usace.army.mil, and the Contracting Officer, Stephen Hutchens, at Stephen.P.Hutchens@usace.army.mil. The email address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the email address for both the Contracting Officer and Specialist. The Proposer can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the “Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.217-5 Evaluation Of Options JUL 1990 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Construction contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(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, Construction Wage Rate Requirements,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.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute 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 statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 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:

Stephen P. Hutchens Contracting Officer US Army Corps of Engineers (CELRN-RC-N) Directorate of Contracting 110 9th Avenue South, Room A680 Nashville, TN 37203

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Due to COVID-19, this project will have a Pre-Bid Site Visit with a video conference presentation that shall be held on May 4, 2021 at 9:00 AM Local Time (CST). This invitation will be sent to the contractor after the Site Visit Registration has been approved.

(c) An organized site visit has been scheduled for—

May 6, 2021 at 9:00 AM Local Time (CST)

(d) The location for the site visit is the USACE West KY Resident Office:

193 Taylor Park Rd., Grand Rivers, KY 42045

Phone: (270) 362-2163

Coordinates: 37.015635, -88.261287

Directions to this site visit can be located on the attached document: Directions to USACE West Kentucky Resident Office.pdf.

REGISTRATION: Only registered persons will be permitted to attend the Pre-Bid and Organized Site Visit. In addition to the below information, also provide your firm’s name, CAGE and/or Unique Entity Identifier (UEI) number (formerly known as DUNS), and name and position title of primary point-of-contact and their telephone number and email address. To register, individuals interested in attending the site visit must submit all planned attendees Full Name(s) and Company Name(s) to USACE POCs Eugenia Corder and Stephen Hutchens by email to Eugenia.J.Corder@usace.army.mil and Stephen.P.Hutchens@usace.army.mil no later than 3:00 PM Central time on April 30, 2021. Notification of approval or denial will be provided prior to the date of the site visit.

Contractors and/or potential contractors wishing to attend a pre-bid meeting held at or in LRN restricted/controlled areas (such as a Power Plant or Navigation Lock) shall submit a Nashville District (LRN) Security Access Form to the Contract Specialist five (5) calendar days prior to the site visit or meeting. If submitting the document in less than five calendar days, the bidder may not receive approval for participation. The Contract Specialist will notify the Contractor if the request is approval or denied. Any pre-bid meeting which will cover anything other than public domain information shall be limited to U.S.

Citizens, except under unique circumstances.

U.S. CITIZENS: The bidder shall submit a Nashville District Corps of Engineers U.S. Citizen Pre-Bid and/or Site Visit Request Form to the LRN Point of Contact, Contract Specialist Eugenia J. Corder, no later than five (5) calendar days prior to the site visit. If submitting the document in less than five (5) calendar days, the bidder may not receive approval for participation. The LRN POC will notify the individual(s) if the request is approved or denied. The Security Access Form and guidance is available as a pdf attachment on www.fbo.gov with this solicitation and is titled Pre-Bid Meeting and/or Site Visit Request Form.

FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to attend the site visit must be approved in advance. FNs wishing to attend a site visit shall submit a completed Nashville District Corps of Engineers Foreign National Pre-Bid Meeting Request 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-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 I- 571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN Point of Contact, Contract Specialist Eugenia J. Corder. These documents must be as soon as possible but no later than five (5) calendar days prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQUSACE) level.

Exceptions will be considered on a case by case basis but will be limited. The form is available as a pdf attachment on www.beta.SAM.gov with this solicitation and is titled Foreign National Pre-Bid Meeting Request Form.

POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Eugenia Corder via Eugenia.J.Corder@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.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov

DFARS: https://www.acq.osd.mil/dpap

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

NONE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

PROPOSAL CONTENT & EVALUATION

PROCEDURES FOR SUBMITTAL OF OFFERORS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one (1) contractor for the construction of the Kentucky Lock

Downstream Monoliths located in Grand River, Kentucky. The Government will evaluate the proposals in accordance with the criteria described herein, and award a FFP contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

1.2 The basis of award is the Best Value Tradeoff (BVTO) Process. The Contracting Officer will award one (1)

FFP construction contract to the responsible Offeror whom the Source Selection Authority (SSA) determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2. Submittal of offers.

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and money will have been expended in preparing information required herein.

However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the Offeror's past performance, technical approach and small business participation plan necessary for successful completion of the project. Requirements stated in this RFP are minimums. Innovative, creative or cost-saving proposals that meet or exceed the requirements are encouraged and will be rated accordingly.

2.2 The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide proposal submission instructions and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Eugenia J. Corder at Eugenia.J.Corder@usace.army.mil AND to Contracting Officer Stephen Hutchens at Stephen.P.Hutchens@usace.army.mil Only proposals submitted via the above link will be considered for award.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

All proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format.

You are limited to twenty-five (25) maximum files per upload (total size cannot exceed 8GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Eugenia J. Corder at Eugenia.J.Corder@usace.army.mil AND Contracting Officer Stephen Hutchens at Stephen.P.Hutchens@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five

(5) working days before proposal submission date may not be able to receive a request code in time to upload their submission. THIS MUST BE DONE FOR THIS PROCUREMENT.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a Common Access Card (CAC) or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist, Eugenia Corder, at Eugenia.J.Corder@usace.army.mil, and the Contracting Officer, Stephen Hutchens, at Stephen.P.Hutchens@usace.army.mil. The email address of the government employee who initiated the request code will be automatically entered. The Offeror must enter the email address for both the Contracting Officer and Specialist. The Offeror can enter an additional email address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. An Offeror can confirm proper submission by the “Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the Government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 8GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or, in some cases, hours.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided. The Government shall not reimburse any costs related to proposal preparation.

2.3 Offerors are required to submit a proposal made up of Past Performance, Technical Approach, Small Business Participation Plan, and Price and Pro Forma. All proposal materials shall be submitted via the SAFE website with a bookmarked table of contents and/or a standard electronic Tab Index. The sections should parallel the submission requirements identified below. Volume I shall be submitted in Portable Document Format (PDF) and shall be either tabbed or bookmarked to reflect the division of Factors in accordance with Paragraph 4. Volume II shall be submitted as a separate PDF file and shall also be tabbed or bookmarked in accordance with Paragraph 4.

*NOTE: Provide the complete Volume I proposal submittal including text, renderings, drawings, photographs, etc.

on SAFE site. Provide the complete Volume II proposal submittal on SAFE site with the final price breakout schedule electronically.

2.4 The target ceiling for contract award is approximately $150,000,000 based on funds made available for this project. The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this ceiling.

3. Proposal Evaluation Process.

3.1. A Source Selection Evaluation Board (SSEB) comprised of USACE employees will evaluate the proposals.

Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence.

Technical proposals will be 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.

Proposals will be evaluated based on the factors described herein, and the basis of award is the BVTO Process.

3.2 The evaluation process essentially consists of four (4) parts: proposal compliance review and responsibility determination, technical evaluation, price evaluation, and cost/technical trade-off analysis.

3.2.1 Proposal Compliance Review: This is an initial review to ensure that all required forms and certifications are complete and that both a technical and price proposal were received.

3.2.2 Technical and Past Performance Evaluation: The SSEB will evaluate and rate the technical proposals against the RFP requirements. Some factors will be rated using an adjectival-based system. Others will be rated on an “acceptable/unacceptable” basis. Past Performance will be rated based on recency/relevancy and confidence. The Small Business Participation Proposal will be evaluated by the SSEB with assistance from advisors in Contracting and the LRN Small Business Deputy.

3.2.3 Price Evaluation: The SSEB, Cost Engineering, and Contracting Officer/SSA will evaluate price proposals independent of the technical/quality evaluation. The SSEB will not have access to price information until completion of the technical/quality evaluation.

3.2.4 Best Value Decision: After all of the above evaluations are complete, the SSA will compare the strengths, weaknesses, and the cost/price of the competing proposals to determine which proposal represents the best value to the Government.

4. Proposal Information and Related Evaluation Factors.

4.1 Proposals will be evaluated in accordance with the factors listed in relative order of importance (in descending order). All evaluation factors, other than cost or price, when combined are considered approximately equal to cost or price. Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interest of the Government.

4.2 Volume I – Technical Proposal

4.2.1 Volume I – Factor I – Past Performance Confidence 1st

4.2.2 Volume I – Factor II – Technical Approach 2nd

4.2.3 Volume I – Factor III - Small Business Participation Proposal 3rd

4.3 Volume II - Price and Pro Forma Information

Tab A Proposal Data Sheet Not Rated Tab B SF1142 and Acknowledged Amendments (if any) Not Rated Tab C Section B Price Proposal Not Rated Tab D Section K (Unless Available at SAM) Not Rated Tab E Joint Venture Agreement, if applicable Not Rated Tab F Evidence to Obtain Bonding and Proof of Financial Capability Not Rated

4.4 NOTE: Offeror is responsible for ensuring the SAFE site documents submitted are consistent throughout the proposal.

4.5 Ratings

Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation.

Technical / Risk Proposal Ratings

Adjectival Rating Definition Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

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

Past Performance Relevancy

Ratings Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant 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.

Past Performance Confidence Assessments

Rating Definition Substantial Confidence Based on the Offeror’s recent/relevant performance record, the

Government has a high expectation that the Offeror will successfully perform the required effort.

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

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

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 successfully perform the required effort.

Small Business Participation Plan Ratings

Rating Definition

Acceptable

Proposal indicates an adequate approach and understanding of small business objectives.

Unacceptable

Proposal does not meet small business objectives.

4.6 Definitions

1. 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 “CPARS” or “FAPIIS.”

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

3. Communications. Exchanges, between the Government and Offerors, after receipt of proposals, leading to establishment of the competitive range.

4. Competitive Range. Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is reduced for purposes of efficiency. See FAR 15.306(c)

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

6. Discussions. Negotiations conducted in a competitive acquisition. Discussions take place after establishment of the competitive range.

7. Evaluation Notice (EN). A written notification to the Offeror for purposes of clarifications, communications, or in support of discussions.

8. Performance Confidence Assessment. An evaluation of the likelihood (or Government’s confidence) that the Offeror will successfully perform the solicitation’s requirements; the evaluation is based upon past performance information.

9. Recency. As it pertains to Past Performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.

10. Relevancy. As it pertains to Past Performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value,…