W912P524R0004 A0001 Updated Clauses_Specs_Bond Requirement.pdf

W912P524R0004

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

PROJECT: Wolf Creek GSU Transformer Replacement PURPOSE: the purpose of this Amendment is to:

1) Provide updated Technical Specifications.

2) Provide the Pre-Proposal Teleconference Slides.

3) Update the Instructions, Paragraph 2.0, Bonds and Insurance, to include Bid Guarantee.

4) Incorporate FAR Provision 52.228-1, Bid Guarantee, by full text.

5) Update FAR Clause 52.211-12, Liquidated Damages - Construction.

6) Update FAR Clause 52.217-7, Options for Increased Quantity - Separately Priced Line Item.

7) Provide updated Construction Wage Determinations.

8) Update FAR Provision 52.252-3, Alterations in Solicitation.

1. CONTRACT ID CODE PAGE OF PAGES

K 1 42

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

16C. DATE SIGNED

BY 17-Sep-2024

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912P524R0004

X 9B. DATED (SEE ITEM 11)

06-Aug-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Sep-2024

CODE

CONTRACTING DIVISION

110 9TH AVE N

NASHVILLE TN 37203

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

SUMMARY OF CHANGES

SECTION 00900 - WAGE DETERMINATIONS

The following have been added by full text:

WAGE DETERMINATIONS

"General Decision Number: KY20240058 09/06/2024

Superseded General Decision Number: KY20230058

State: Kentucky

Construction Type: Heavy

Counties: Adair, Barren, Casey, Clinton, Cumberland, Green, Hart, Knox, Laurel, Logan, Marion, McCreary, Metcalfe, Pulaski, Russell, Simpson, Taylor, Wayne and Whitley Counties in Kentucky.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2024. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all|

|extended on or after January | covered workers at least | |30, 2022: | $12.90 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2024 1 03/01/2024 2 05/31/2024 3 07/05/2024 4 09/06/2024

CARP0064-007 04/01/2024

Rates Fringes

CARPENTER (Form Work Only).......$ 32.90 23.37

ELEC0369-004 09/04/2023

Rates Fringes

LINE CONSTRUCTION

Equipment Operator..........$ 38.76 23%+7.00 Groundman...................$ 25.51 23%+7.00 Lineman.....................$ 43.41 23%+7.00

ENGI0181-010 07/01/2024

Rates Fringes

POWER EQUIPMENT OPERATOR

GROUP 1.....................$ 40.05 19.10

GROUP 2.....................$ 37.19 19.10

GROUP 4.....................$ 36.87 19.10

OPERATING ENGINEER CLASSIFICATIONS

GROUP 1 - Crane; Drill; Grader/Blade; Mechanic; Scraper

GROUP 2 - Bobcat/Skid Steer/Skid Loader; Forklift

GROUP 4 - Oiler

Operators on cranes with booms 150 feet and over (including jib) shall receive $1.00 above Group 1 rate; 250 feet and over including jib shall receive $1.50 above Class 1 rate.

Combination Rate: All crane operators operating cranes, where the length of the boom in combination with the length of the piling leads equal or exceeds 150 feet, shall receive $1.00 above the Group 1 rate.

Employees assigned to work below ground level are to be paid 10% above basic wage rate. This does not apply to open cut work.

* IRON0782-010 08/01/2024

Rates Fringes

IRONWORKER (Reinforcing & Structural) Projects over $20,000,000.00..............$ 35.75 26.34 Projects under $20,000,000.00..............$ 34.01 24.83

LABO0189-014 07/01/2023

Rates Fringes

LABORER

Concrete Saw (Hand Held/Walk Behind)...........$ 24.21 17.57 Concrete Worker.............$ 23.96 17.57

SUKY2011-014 06/25/2014

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 21.60 10.35

ELECTRICIAN......................$ 32.35 2.18

LABORER: Common or General......$ 20.60 9.39

LABORER: Flagger................$ 18.31 8.89

LABORER: Pipelayer..............$ 20.13 8.63

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 23.60 12.65

OPERATOR: Bulldozer.............$ 21.72 7.45

OPERATOR: Loader................$ 30.35 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers

Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R �1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

The following have been deleted:

WAGE DETERMINATION

SECTION A - SOLICITATION/CONTRACT FORM

AMENDMENT 0001 CHANGES

AMENDMENT 0001

Wolf Creek GSU Transformer Replacement Project

DESCRIPTION OF CHANGES

INSTRUCTIONS

1. Paragraph 2.0 Bonds and Insurance

a. Paragraph 2.0 Bonds and Insurance has been revised to include information for the Bid Guarantee requirement.

SPECIFICATIONS

1. Specification 01 00 00

a. Paragraph 1.12.1 Government Project Personnel Working Hours has been revised.

b. Paragraph 1.12.2 Contractor’s Working Hours has been revised.

FAR CLAUSES

1. FAR 52.211-12, Liquidated Damages – Construction

a. FAR Clause 52.211-12 has been revised to reflect the updated liquidated damages for exceeding the allowable outage period for each transformer bay.

2. FAR 52.217-7, Option for Increased Quantity – Separately Priced Line Item

a. FAR Clause 52.217-7 has been revised to provide the option exercise information.

3. FAR 52.228-1, Bid Guarantee

a. FAR Clause 52.228-1 has been incorporated by full text.

WAGE DETERMINATIONS

1. Construction Wage Determinations have been updated.

SECTION F - DELIVERIES OR PERFORMANCE

The following have been modified:

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $6,733.53 for each calendar day of delay until the work is completed or accepted.

(b) If the government is unable to operate a generating unit due to exceeding the allowable outage periods detailed in the technical specification for each transformer bay, the contractor shall pay liquidated damages to the Government in the amount of $9,965.25 for each calendar day of delay until the unit is available for generation.

(c) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

SECTION I - CONTRACT CLAUSES

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1,238 calendar days after the issuance of the Supply NTP. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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

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 twenty (20) percent of the bid price or $3 Million, 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.

(End of provision)

INSTRUCTIONS

1.0 GENERAL REQUIREMENTS

1.1 Intent

This solicitation is to award one (1) firm fixed-price contract for the Wolf Creek Power Plant Generator Step-up Unit (GSU) Transformer Replacement Project near Jamestown, Kentucky.

1.2 Project Description

The scope of this requirement is for the design, construction, delivery, and installation of three (3), three phase 13.2/161kV main GSU power transformers to replace the existing ten (10) single-phase GSU transformers at the Wolf Creek Power Plant.

The period of performance for the base (supply portion) requirement is 1,358 calendar days after contractor acknowledgement of the Supply Notice to Proceed (NTP).

If the option (construction portion) is exercised, the total contract duration shall be extended by 613 calendar days after contractor acknowledgement of the Construction Notice to Proceed (NTP).

1.3 Disclosure of Magnitude of Construction Project

The estimated magnitude of this requirement is between $25,000,000 and $100,000,000.

1.4 Basis of Award

The award will be made to the responsible Offeror whose proposal conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government with appropriate consideration given to the seven

(7) evaluation factors: Past Performance; Technical Approach; Drawings and Descriptive Data; Efficiency;

Manufacturer Experience and Small Business Participation; and Price. Factors are listed in descending order of importance. NOTE: When combined, the non-cost/price factors (Past Performance; Technical Approach; Drawings and Descriptive Data; Efficiency; Manufacturer Experience; and Small Business Participation) are APPROXIMATELY EQUAL to Price. Factors are illustrated:

Factor I Past Performance 1st Factor II Technical Approach 2nd Factor III Drawings and Descriptive Data 3rd Factor IV Efficiency 4th Factor V Manufacturer Experience 5th Factor VI Small Business Participation 6th Factor VII Price

Offerors are reminded to include their best technical and price terms in their initial offer and not to assume they will have an opportunity to participate in discussions or be asked to submit a revised offer.

Proposals are intended to be evaluated and an award made without discussions with Offerors unless discussions are determined to be necessary. Additionally, any other than small business Offeror must have an acceptable Small Business Subcontracting Plan to receive an award in accordance with FAR 19.702(a).

Offerors are cautioned that the award may not necessarily be made to the lowest price offered.

1.5 Type of Contract

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

1.6 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.

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

The NAICS code for this project is 335311- Other , entitled “Power, Distribution, and Specialty Transformer Manufacturing” which has a Small Business Administration (SBA) size standard of 800 employees.

1.8 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 PIEE website, https://piee.eb.mil/. 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.

The Specifications and Plans (Drawings) are part of the contract and shall be considered in that respect (see Defense Federal Acquisition Regulation Supplement (DFARS) 252.236-7001, Contract Drawings and Specifications).

1.9 Pre-Proposal Site Visit and Conference

Pursuant to the Pre-Solicitation Notice, a site visit was held on 3 January 2023 at Wolf Creek Power Plant near Jamestown, KY.

A Pre-Proposal Teleconference will be held on 21 August 2024 at 9:00 AM Central Time to go over the Solicitation requirements.

TEAMS Meeting 21 August 20024 at 9:00 AM Central Time

Meeting ID: 993 517 029 087 Passcode: 5DVVuD Dial in by phone +1 503-207-9433,,848332629# United States, Beaverton Find a local number Phone conference ID: 848 332 629#

Offerors inspected the job site and acquainted themselves with the nature and location of the work, as well as the general and local conditions that can affect the work or the cost thereof. Offerors that did not attend the site visit will not be relieved of the responsibility of 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

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

1.10 Requirements to View CUI Documents

SECURITY: Due to Controlled Unclassified Information (CUI) requirements, only persons approved by security will be permitted to view CUI Docuements. In addition to the information below, please also provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier (known as DUNS) number, and name and position title of primary point-of-contact and their telephone number and email address.

U.S. CITIZENS: To register, U.S. citizens interested in accessing CUI Documents shall submit a Nashville District Corps of Engineers (LRN) U.S. Citizen Security Access Form to the LRN Point of Contacts (POCs), Contract Specialist Alison Abernathy and Contracting Officer Dellaria Martin. The form and guidance is available as a pdf attachment on http://sam.gov with this solicitation and is titled U.S. Citizen Security Access Form.

FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to access CUI Documents must be approved in advance. FNs wishing to access CUI Documents shall submit a completed Nashville District Corps of Engineers Foreign National Security Access 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 I94 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 POCs. These documents must be submitted two (2) weeks prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQ USACE) 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.sam.gov with this solicitation and is titled Foreign National Security Access Form.

LRN POCs for CUI Access: For questions and/or concerns regarding the CUI Documents, please contact Alison Abernathy at Alison.T.Abernathy@usace.army.mil. Please submit all security request forms to Alison Abernathy at Alison.T.Abernathy@usace.army.mil and Dellaria Martin at Dellaria.L.Martin@usace.army.mil. When you send your request form, please put “W912P524R0004 - (Foreign National or U.S. Citizen) Request Form-(Your Company Name)” in the subject line of the email. Please edit the information in parenthesis to match the request form you submit and your company name.

1.11 POC for Communication: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Alison Abernathy via email at Alison.T.Abernathy@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone number 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.

1.12 Prospective Offerors’ Questions and Requests for Information

Prospective Offerors should submit questions concerning this Solicitation through the Bidder Inquiry function in ProjNet at http://www.ProjNet.org/ProjNet. This is USACE’s standard platform for receiving and responding to questions and requests for information. As noted below, Offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the Solicitation.

To submit and review inquiry items, Offerors will need to be a current registered user or self-register into system.

Instructions to gain access are listed below.

Project: (Wolf Creek Power Plant) Unit Generator Step-Up (GSU) Power Transformers Installation Solicitation Number: W912P524R0004 The Bidder Inquiry Key: C4G4PQ-FA2UX9

Instructions for ProjNet Bidder 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.

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.

Instructions for Future ProjNet Bidder Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

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

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

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

5. Email. Enter the email address you used to register previously in ProjNet.

6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

From this page you may view all inquiries or add an inquiry. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by LRN’s technical team.

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

NOTES:

1. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

2. Government responses to questions from prospective Offerors concerning the Solicitation that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the Solicitation governs. Any changes or revisions to the Solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the Solicitation; or (c) Notice that a response is not necessary.

3. The ability for prospective Offerors to enter questions in reference to the Solicitation will be disabled October 5, 2024.

1.13 Amendments Prior to Date Submission for Request for Proposals (RFP). The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for submission of proposals. Such revisions and amendments, if any will be announced by an amendment or amendments to this RFP. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of proposals may be postponed by such number of days as in the opinion of the issuing Contracting Officer will enable Offerors to revise their proposal. In such cases, the amendment will include an announcement of the new date for receipt of proposal.

1.14 Notice to Offeror: Use of Class I Ozone-Depleting Substances

a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. This requirement has no relationship to ODSs.

c. If the Offeror possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the Offeror should provide any information as soon as possible after release of this RFP and prior to the submission of proposals to the extent practicable. It should be understood that there is no obligation on the Offeror to comply with the request and that no compensation can be provided for doing so.

1.15 NIST SP 800-171 DoD ASSESSMENT

In accordance with DFARS 204.7302, Contractors and subcontractors are required to provide adequate security on all covered contractor information systems. Contractors are required to implement National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 by inclusion of clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber incident Reporting, are required at time of award to have at least a Basic NIST SP 800-171 DoD Assessment that is current (i.e., not more than 3 years old unless a lesser time is specified in the solicitation).

SPRS provides storage and access to the NIST SP 800-171 assessment scoring information. To access the NIST SP 800-171 Assessments module, users must be registered in the Procurement Integrated Enterprise Environment (PIEE) https://piee.eb.mil/ and be approved for access to Supplier Performance Risk System (SPRS).

The NIST SP 800-171 DoD Assessment Methodology is located at:

https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171

2.0 BONDS AND INSURANCE All Offerors shall furnish a bid guarantee. In accordance with FAR 52.228-1, Bid Guarantee, the bidder (or Offeror for this solicitation) shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond (use Standard Form 24) 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 bid guarantee amount shall be at least 20 percent of the bid price for the construction portion of the contract price but shall not exceed $3,000,000.00. If using a Bid Bond, it must be submitted on SF 24. The SF 24 can be found at the GSA Forms Library at https://www.gsa.gov/forms.

2.1 INSURANCE. Contractor shall carry Liability and Insurance. See FAR 52.228-5, Insurance – Liability to Third Persons.

2.2 The successful Offeror will, within 1,328 calendar days of the supply notice to proceed (30 days prior to the end of the base contract period of performance), furnish performance and payment bonds in the amounts indicated in the RFP or the specifications.

a. PERFORMANCE BONDS (Standard Form (SF) 25). Pursuant to FAR 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020-O0016), the penal amount of the performance bond shall equal one hundred percent (100%) of the construction portion of the contract price. Bonds shall be received on a SF 25A within ten (10) calendar days after request by the Contracting Officer. The SF 25A can be found at the GSA Forms Library at https://www.gsa.gov/forms.

b. PAYMENT BONDS (SF 25A). Pursuant to FAR 52.228-15, Performance and Payment Bonds— Construction (DEVIATION 2020-O0016), the penal amount of the payment bond shall equal one hundred percent (100%) of the construction portion of the contract price. Bonds shall be received on a SF 25A within ten (10) calendar days after request by the Contracting Officer. The SF 25A can be found at the GSA Forms Library at https://www.gsa.gov/forms.

3.0 SYSTEM FOR AWARD MANAGEMENT (SAM)

In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.sam.gov. More specifically, "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." (See FAR 52.204-7(b)(1)).

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am – 8pm (Eastern Time) U.S. Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 calendar days of activation, or the vendor risks no longer being active in SAM.

Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (transitioned from DUNS Number).

The registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

4.0 SMALL BUSINESS PARTICIPATION PLAN (SBPP)

All Offerors (both large and small businesses) are required to complete a Small Business Participation Plan (SBPP) in accordance with DFARS 215.304. Reference section 00 21 00 of this Solicitation for additional submission requirements.

5.0 SUBCONTRACTING PLAN

The successful Offeror (if a large business) shall provide a Small Business Subcontracting Plan that contains all of the elements required by FAR 52.219-9 and DFARS 252.219-7003. The Subcontracting Plan is not a requirement for evaluation in source selection but shall be provided upon request before contract award (if the successful Offeror is a large business). The approved Small Business Subcontracting Plan will be incorporated into any resultant contract(s).

6.0 WHERE TO SUBMIT & SUBMITTAL DEADLINE

Offerors shall submit their proposals no later than the time and date specified in Block 9 of SF 33 of this solicitation as follows:

The Offeror’s proposal shall be submitted electronically, via Procurement Integrated Enterprise Environment (PIEE), 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.

The Offeror’s proposal must be received by the Government by the date/time specified in the Solicitation.

6.1 PROPOSAL SUBMISSION: ALL SUBMISSIONS TO THIS RFP SHALL BE SUBMITTED

ELECTRONICALLY THROUGH PIEE. No paper copies, CD-ROMs or facsimile submissions will be accepted.

Electronic Proposal Submissions is required through the Army’s Electronic File Sharing Service in PIEE (https://piee.eb.mil/). The PIEE Application is used to send large files to individuals that would normally be too large to send via email. Information regarding how to set up a vendor registration is included in this link:

https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. On this page, click on the “Vendor User Registration” Doc and it will take you through the process of registering as a vendor.

If you plan on submitting a proposal, be sure to select “SOL-Solicitation” in the drop-down list and choose the “Proposal Manager” role to be given the proper permissions.

Further training is available at the following links:

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml - This link shows information regarding the Solicitation application in PIEE and the different roles available.

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml - This link is for Offerors regarding the Proposal Manager function and instruction on submitting a Proposal.

a. File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports delivery of up to 1.9GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors are advised to break the files down into smaller sections in order to upload them into the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

b. File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

- W912P524R0004 – (FIRM NAME) – VOLUME I

- W912P524R0004– (FIRM NAME) – VOLUME II

Each file name shall begin with the Solicitation number followed by the firm’s name, and a brief file description.

Please see the examples above.

c. File Organization: Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be the size listed in the submission requirements for each factor. Pages shall be letter sized (larger page sizes (such as 11x17 fold- outs, etc.) will be counted as two pages. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

d. Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the Solicitation document. The time and date of proposal receipt will be the upload completion/delivery time and date recorded within the PIEE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

e. Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition, subparagraph (e), which is incorporated by reference in the RFP. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

RECEIPT OF SUBMISSIONS: For the purpose of establishing whether a submission is considered timely, the Government will consider the date and time the submission is completely uploaded into the PIEE 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 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.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the Contracting office. In the event that the Solicitation Module is down, the alternate method for proposal submission is via email to: Alison.T.Abernathy@usace.army.mil. The Offeror must obtain prior approval from the Contracting Officer, Dellaria Martin, to use the alternate submission method. Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission.

SECTION 00 21 00

PROCEDURES FOR SUBMITTAL OF OFFERS

AND

PROPOSAL EVALUATION APPROACH

1.0 Submittal of Offers

1.1 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, drawings and descriptive data, efficiency, manufacturer experience, and small business participation necessary for successful completion of the project. The 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.

1.2 Offerors shall submit their proposals to the Government no later than the time and date specified in Block 13 of Standard Form 1442 of this solicitation. Detailed submission instructions are listed above in section Instructions to Offerors, paragraph 6.0 Where to Submit and Submittal Deadline and subparagraph 6.1 Proposal Submission.

1.3 Offerors are required to submit a proposal made up of Past Performance, Technical Approach, Drawings and Descriptive Data, Efficiency, Manufacturer Experience, Small Business Participation, Price, and Pro Forma. All proposal materials shall be submitted via Procurement Integrated Enterprise Environment (PIEE) 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 3. Volume II shall be submitted as a separate PDF file and shall also be tabbed or bookmarked.

2.0 Proposal Evaluation Process

2.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of USACE 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 Best Value Tradeoff (BVTO) process.

2.2 The evaluation process essentially consists of three (3) parts: (1) proposal compliance review; (2) past performance, technical and price evaluations; and best value decision.

2.2.1 Proposal Compliance Review: This is an initial review to ensure that all required forms and certifications (if applicable) are complete and that a past performance, technical and price proposal were received.

2.2.2 Past Performance and Technical Evaluations: The SSEB will evaluate and rate the 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.

2.2.3 Price Evaluation: The Government will evaluate price proposals independent of the technical evaluation. The SSEB will not have access to price information until completion of the technical evaluation.

2.2.4 Best Value Decision: After all of the above evaluations are complete, the SSA (also serving as the Contracting Officer) performs this assessment by comparing the strengths, weaknesses, and the cost/price of the competing proposals to determine which proposal represents the best value to the Government.

3.0 Proposal Information and Related Evaluation Factors

3.1 Proposals will be evaluated in accordance with the factors listed in relative order of importance.

Note: To be eligible for award, Factor I – Past Performance, must be rated at least “Neutral…