W912P522R0001 Stabilization MATOC.pdf

The U.S. Army Corps of Engineers, Nashville District is seekign up to four small business in this competition for construction projects w ithin the boundaries of the Nashville District. The NAICS for the prototype project is 237990 (Other Heavy and Civil Engineering Construction), w hich has a size standard of $39.5M. This acquisition is set aside for 100% small business f irms.

The Government is using a tw o-phase procurement approach for D/B/B or D/B. Aw ard w ill be in accordance w ith the evaluation criteria contained w ithin Section 00 22 16 of this Request for Proposal (RFP), and based upon a sample project scope of w ork provided in Phase II.

The magnitude of the sample project is betw een $1 million and $5 million. The magnitude of the projects to be offered as task orders under the resulting contracts w ill vary. The total combined capacity of all contracts to be aw arded from this solicitation is $24 million.

Note: Complete information in Block 11 w ill be provided on a Task Order basis.

CIERRA R MENDOZA 615.736.7976

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

12-Aug-2022

(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 ________ 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________12 Sep 2022 (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 _______60 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

1 OF

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:

W912P522R0001 93

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 ____1___ 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

Section 00 10 00 - Solicitation

SAMPLE PROJECT

Scope of Work Approximately 1,500 linear feet of streambank is to be armored along the right descending bank of the channel. The purpose of this armoring is to provide a cost-effective means to prevent the failure of the adjacent roadway, utilities and buildings due to ongoing erosion. The preferred solution is to riprap the bank. Armoring should typically be placed between Elevations 370’ – 380’ (top) and Elevation 350’ (bottom), keying in the riprap at the toe. However, where the existing bank slope is over-steepened, the riprap should not be keyed in at the bottom but extended all the way down to Elevation 320’ – 330’ (or bedrock outcrops where present). Riprap layer thickness is to be at least 2’, and the top stone size is 16”. Well graded riprap should not be placed steeper than 2H:1V and should include geotextile drainage layer between the armoring and the loose alluvial soils on the existing surface. Additional consideration is necessary to ensure near the top of the slope that geotextile is implemented such that runoff is not able to erode a path behind the geosynthetic causing a loss of contact between the filter and the armoring. The geotextile should be terminated at Elevation 350’ due to constraints with the river elevation. Work will also include clearing and grubbing of existing trees and debris. Bare areas above the riprap are to be seeded.

*Note: A bid schedule for the sample project will be provided in the Phase II amendment after contractors have been selected for further participation from Phase I.

*Note: Aerial maps, plans, survey data will be provided for sample project within Phase II amendment.

TO EVALUATION CRITERIA

TASK ORDER (TO) EVALUATION CRITERIA:

Prototype Project: The prototype, or sample, project for the MATOC solicitation will NOT be awarded as a task order under the basic contract. Its sole use is to provide a means to evaluate an offeror’s proposal for source-selection purposes.

Future Projects: When work under this MATOC arises, a Request for TO Proposal (RFTOP) letter will be issued to all participants in the MATOC pool that have maintained satisfactory performance. The RFP will specify construction performance requirements, the schedule for a site visit, and requirements for proposal submission. The RFP will include such documents as technical specifications, drawings, data, attachments, DOL Wage Determinations, and a statement of work. Task orders will be competed among the MATOC pool or negotiated on a sole source basis. The circumstances justifying a sole source procurement are described below. Competed task orders will be awarded based on the lowest, responsive price received. Whenever possible, task order awards will be made without discussions. If it is determined that discussions are necessary, the Contractor(s) may be required to revise and resubmit their proposals. Task orders will be firm fixed-price with a performance period specified therein.

Task orders will be awarded by a federally appointed Contracting Officer (CO) and administered by a federally appointed Administrative Contracting Officer (ACO).

Sole Source Task Orders: All MATOC contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines that a sole source procurement is in the best interest of the Government. Sole source procurements will be negotiated as necessary to arrive at a fair and reasonable price. Some conditions resulting in a sole source procurement are as follows:

• Solicitation is competed and all proposals are above the awardable range.

• An urgent need exists and seeking competition would result in unacceptable delay.

• Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized.

• It is in the best interest of economy and efficiency as a logical follow-on to an order already competed.

• To satisfy contract minimum award obligations.

Minimum Guarantee:

The minimum guarantee amount is $20,000. In order to be eligible to receive the minimum guarantee at the completion of the contract term, the contractor must be able to demonstrate that they submitted bids/proposals for at least 50% of all competed task orders and that their bid/proposal prices have been within 25% of the task order award amount 50% of the time.

BASIC SCOPE OF WORK

Type of Contract

This contract is an Indefinite-Delivery, Indefinite Quantity (IDIQ) Design-Build / Design-Bid-Build Contract against which multiple Task Orders will be issued. Award of a contract does not guarantee that the Government will order any or all of the types of services or materials listed under the contract from the Contractor. The Government reserves the right to either perform any portion of the services itself or through a separate contract.

The intent of this solicitation is to award up to four (4) MATOCs. The is a two-phase procurement with the basis of award using a Best Value Trade-Off process. Potential small businesses offerors are invited to submit the information described for Phase I. Following completion of the evalaution of Phase I, up a maximum of five most highly qualified offerors will be selected to participate in Phase II. The selected offerors for Phase II will be invited to submit Phase II information. Upon completion of Phase I, an announcement identifying the selected offerors and expected date of issue of Phase II will be posted on sam.gov. Price will be evaluated in Phase II through use of a sample project and binding contract rates.

Basic Contract Scope of Work:

This IDIQ MATOC is for providing streambank stabilization construction services at U.S. Army Corps of Engineer (USACE) projects and in support of local municipalities and other Federal agencies such as the Department of the Interior’s National Park Service (NPS). Projects will be located in the geographic area of the USACE Nashville District which encompasses a large portion of the state of Tennessee and smaller portions of Kentucky, Alabama, Virginia, Georgia, and Mississippi.

USACE projects include flood control, navigation, hydropower, recreation, and ecosystem restoration. USACE work to be performed by use of the IDIQ MATOC contract will typically be repairs, maintenance, and improvements to existing flood control structures, channels, earthen embankments, rivers, and tributaries. Examples of possible work on flood control structures include slope repairs, erosion protection and improvements or restoration of roadways or accesses. Channel work might include excavation, widening, hydraulic and mechanical dredging, construction of upland disposal areas, erosion control features, drainage improvements and bank stabilization with armor stone, bioengineering, foreshore dikes, and / or retaining walls, and may involve repairs or replacement of utilities. Projects in support of local municipalities are of a similar nature to USACE projects especially pertaining to flood control and ecosystem restoration. Projects in support of other Federal agencies such as the NPS might include stream bank stabilization with geotextile fabric and armor stone.

The basic contract will be awarded and administered (e.g. issuing modifications, etc.) by the Nashville District Corps of Engineers Contracting Office, 110 Ninth Avenue South, P.O. Box 1070, Nashville, TN 37202-1070. Basic contract data for the IDIQ-MATOC contract is as follows:

• The Government intends to award up to four (4) IDIQ-MATOC contracts to Small Business Contractors to create a MATOC pool with a capacity of $24,000,000.00.

• The contract is set aside for construction contractors located in SBA Region IV Southeast, which consists of Tennessee, Kentucky, Alabama, Florida, North Carolina, South Carolina, Georgia, Virginia, and Mississippi.

• Period of contract shall not exceed five (5) years from the date of award.

• The minimum guaranteed contract amount is $20,000.

• The minimum and maximum values for a single Task Order are $150,000 and $4,500,000 dollars respectively.

• Payment and performance bonds shall be submitted within 10 calendar days following award of the basic contract and will be based on the guaranteed minimum. Payment and performance bonds shall be submitted for each individual task order within 10 calendar days following task order award.

• Liquidated damages amount will be provided with each individual task order.

• Wage Determinations will be provided with each individual task order.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) 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.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

http://www.sam.gov/

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

(a) Definition. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM http://www.sam.gov/ https://www.sam.gov/ http://www.sam.gov/ registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL BUSINESS

TEAMING ARRANGEMENTS OR JOINT VENTURES (MULTIPLE-AWARD CONTRACTS) (OCT 2016)

(a) Definition. ``Small Business Teaming Arrangement,'' as used in this provision--

(1) Means an arrangement where--

(i) Two or more small business concerns have formed a joint venture; or

(ii) A small business offeror agrees with one or more other small business concerns to have them act as its subcontractors under a specified Government contract. A Small Business Teaming Arrangement between the offeror and its small business subcontractor(s) exists through a written agreement between the parties that--

(A) Is specifically referred to as a ``Small Business Teaming Arrangement''; and

(B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it relates to the acquisition;

(2)(i) (i) For civilian agencies, may include two business concerns in a mentor-protege relationship when both the mentor and the protege are small or the protege is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii).

https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/

(ii) For DoD, may include two business concerns in a mentor-protege relationship in the Department of Defense Pilot Mentor-Protege Program (see section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Pub. L. 101-510; 10 U.S.C. 2302 note)) when both the mentor and the protege are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the Department of Defense Pilot Mentor-Protege Program; and

(3) See 13 CFR 121.103(b)(9) regarding the exception to affiliation for offers received from Small Business Teaming Arrangements in the case of a solicitation of offers for a bundled contract with a reserve.

(b) The Government is soliciting and will consider offers from any responsible source, including responsible small business concerns and offers from Small Business Teaming Arrangements or joint ventures of small business concerns.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

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

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

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

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

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

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

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

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

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

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

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

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to four (4) Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed- Price contracts resulting from this solicitation.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to up to four (4) or more sources under this solicitation.

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.

52.233-2 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:

U.S. Army Corps of Engineers Nashville Contracting Branch Office ATTN: James W. Purcell, Contracting Officer 110 9th Avenue South 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)

(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) Site visits may be arranged during normal duty hours by contacting:

To be determined on a task order basis.

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):

https://www.acquisition.gov https://www.acq.osd.mil/dpap

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 Acquisition Regualtions System (48 CFR Chapter Chapter 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap https://www.sam.gov/

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section 00 22 16 - Supplementary Instructions to Proposers

SECTION 00 22 16 - PHASE I

SECTION 00 22 16

A. BASIS FOR AWARD

Award(s) will be made to the best overall (i.e., best value) proposals that are determined to be the most beneficial to the Government, with appropriate consideration given to the three (3) evaluation factors:

Past Performance, Technical, and Price. Offerors will be cautioned that the award may not necessarily be made to the lowest priced proposal. NOTE: ALL NON-PRICED FACTORS COMBINED ARE

APPROXIMATELY EQUAL TO PRICE.

B. FACTORS AND SUB-FACTORS TO BE EVALUATED

Award(s) will be made to the offerors whose proposals are most advantageous to the

Government based upon an integrated assessment of the evaluation factors and subfactors described below.

Phase I - Factor I: Past Performance: Each offeror’s past performance will be reviewed to determine the relevancy of recent projects submitted and a confidence assessment will be conducted.

Phase I - Factor II: Technical Approach: Each offeror’s technical approach will be reviewed to determine if they have a clear understanding of the work and an ability to coordinate resources to ensure successful pursuit of the work.

Phase II – Factor I: Design/Technical: The proposing Designer of Records drawings and design narrative will be reviewed for code compliance and completeness.

Phase II – Factor II: Management Plan: Each offeror’s management plan will be reviewed to determine a clear understanding of the work and an ability to coordinate resources to ensure successful pursuit of the work.

Phase II – Factor III: Price: The resulting award will be a firm-fixed price contract. Price reasonableness will be utilized in the evaluation of the Firm-Fixed Price effort.

Evaluation of the offeror’s proposal shall address each factor as it applies to the Plans and

Specifications. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach,” Paragraph C of this section. During evaluations of each proposal, the Government will assign each technical factor an adjectival rating and write a narrative evaluation reflecting the identified findings.

C. EVALUATION APPROACH AND PROPOSAL SUBMISSION

All proposals shall be subject to evaluation by the Source Selection Team (SST).

SECTION 00 22 16 - PHASE I

PROCEDURES FOR SUBMITTAL AND EVALUATION OF OFFERS FOR PHASE ONE

1.0 OVERVIEW.

1.1 The intent of this solicitation is to select up to four (4) contractors for a firm-fixed-price Multiple Award Task Order Contract (MATOC) for primarily Design/Bid/Build (D/B/B) and Design/Build (D/B)

Construction Activities within the Nashville District (Tennessee and smaller portions of Kentucky, Alabama, Virginia, Georgia, and Mississippi).

1.2 This is a two-phase procurement and the basis of award is the Best

Value Trade-Off Process.

1.2.1 Phase I: Potential offerors are invited to submit the information described in this Section 00 22 16 for review and evaluation by the Government. Following completion of the evaluation of Phase I, up to a maximum of five (5) most highly qualified offerors will be selected to participate in Phase II.

1.2.2 Phase II: The selected offerors for Phase II will be invited to submit the information described in Section 00 22 18 (to be added later via an amendment), Procedures for Submittal of Offers for Phase II, for review and evaluation by the Government. Price will be evaluated in Phase II through use of a sample project and binding contract rates.

1.2.3 No seed task order will be awarded as a result of this solicitation; only the base Indefinite-Delivery, Indefinite-Quantity (IDIQ) MATOCs will be awarded.

2.0 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 monies 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 capability for successfully completing the solicited project, within these instruction limitations. Requirements stated in this Request for Proposal (RFP) are minimums. Proposal file organization should follow in the order of sequence set forth below in this RFP. Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award.

2.2 Firm Inquiries:

Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at http://ProjNet.org/ProjNet. Bidders will need to be a current registered user or self-register into the system. The Projnet call center operates weekdays from 8AM to 5PM U.S.

Central Time Zone (Chicago); their telephone number is 800-428-HELP.

The Bidder Inquiry Key or Quick Add Key for this project is GHXTDS-NXYNJ6.

Solicitation number W912QR22R0001;

Project: Small Business Multiple Award Task Order Contract for Streambank Stabilization Services

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

http://projnet.org/ProjNet

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret

Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

NOTES:

1. Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids/proposals.

2. Offerors may submit only one question per inquiry.