W912P721R0002.pdf

REQUEST FOR PROPOSAL (RFP)

SOUTH SAN FRANCISCO BAY

SHORELINE PROJECT

SANTA CLARA COUNTY, CALIFORNIA

RFP NO. W912P721R0002

US ARMY CORPS OF ENGINEERS

San Francisco District

Table of Contents

Cover Sheet Table of Contents

SECTION TITLE

Solicitation Solicitation, Offer and Award (SF 1442) 00 10 00 Pricing Schedule 00 21 00 Instructions, Conditions and Notices to Offerors and Evaluation

Criteria for Award 00 22 00 Supplementary Instructions- Proposal Submission Requirements 00 22 16 Supplementary Instructions- Evaluation Factors for Award 00 45 00 Representations, Certifications, and Other Statements of Offerors 00 72 00 Contract Clauses 00 73 00 Special Contract Requirements (Attachments A, B, and C)

Technical Specifications

(SEE TECHNICAL SPECIFICATIONS' TABLE OF CONTENTS FOR SPECIFICATION

SECTIONS INCLUDED IN THIS SOLICITATION/CONTRACT)

DRAWINGS (SEPARATE PACKAGE)

NOTE: AS A MINIMUM ANY CONTRACT AWARDED AS A RESULT OF

THISSOLICITATION SHALL CONSIST OF THE FOLLOWING DOCUMENTS:

STANDARD FORM 1442, SECTIONS 00 10 00, 00 72 00, 00 73 00, TECHNICAL

SPECIFICATIONS AND DRAWINGS, AND ATTACHMENTS AS DESCRIBED IN

CONTRACT DOCUMENT.

SECTION 00 45 00, AS COMPLETED BY AWARDEE, IS

INCORPORATED INTO ANY RESULTANT CONTRACT BY

REFERENCE.

SECTION 00 21 00 IS INCLUDED FOR SOLICITATION PURPOSES ONLY. THIS

SECTION WILL BE REMOVED, MAINTAINED IN THE CONTRACT FILE AND NOT

MADE PART OF THE CONTRACT.

AMENDMENTS ARE INCORPORATED INTO THE RESULTANT CONTRACT.

SUBCONTRACTING PLAN (IF REQUIRED) BECOMES AN ATTACHMENT TO AND A

MATERIAL PART OF THE CONTRACT.

South San Francisco Bay Shoreline Reach 1 through 3

This project is solicited as Full and Open Competition

This is a One-Step Low est Price Technically Acceptable (LPTA ) Procurement

The magniture of construction for this project is $25,000,000 to $100,000,000.

NAICS Code 237990; Size Standard $39,500,000

Submit Proposals no later than the date and time stated in Block 13, or as amended, to:

US Army Corps of Engineers San Francisco District, Contracting Division

Contract Specialist is Erica Miller: erica.b.miller@usace.army.mil Contracting Officer is Mary Fronck: Mary.Fronck@usace.army.mil

Deadline to submit Request of Information (RFI) is February 22, 2021 at 2pm PST.

The virtual site visit w ill be conducted February 4, 2021 at 1pm PST. See 52.236-27 for additional information.

MARY C FRONCK (415) 503-6694

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

22-Jan-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________880 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________23 Mar 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 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

CONTRACTING DIVISION

450 GOLDEN GATE AVE, 4TH FL, STE 0134

SAN FRANCISCO CA 94102-3406

W912P7

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912P721R0002 3 OF 179

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, , certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that

, who signed said offer on behalf of the corporation, was (name) then is (title) of said corporation; that the signature thereto genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

W912P721R0002

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, , certify that I am the Secretary of the

(name) corporation named as offeror in the within offer; that who signed said offer on behalf of the corporation, was then (name) of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN

INDIVIDUAL DOING BUSINESS AS

NAME OF FIRM).

(INSERT

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

Section 00 10 00 - Price Schedule

CLIN Name Number Measure PRICE 1 Name SCVWD as additional insured for site general liability insurance 1 Job

2 USACE Office Pad preparation, modular office supply, utility hookup, office utility service, and janitorial services

1 Job

3 Stage 1 Levee Construction. 1 Job 4 Stage 2 Levee Construction. 1 Job 5 Utility Reconstruction and

Abandonment 1 Job

6 Construction of Reach 2/3 levee 1 Job 7 Water Control Structure and

Pedestrian Boardwalk 1 Job

TOTALS OF PRICE SCHEDULE

BASE TOTAL AMOUNT (CLINS 0001-0007) $

NOTES TO OFFERORS

1. Any proposal which is materially unbalanced as to the price for the individual price items may be rejected. An unbalanced proposal is one which is based on prices significantly less than cost for some work and prices significantly overstated for other work.

2. Offerors are required to submit a price on all items, or their proposals will be rejected.

3. Offerors are reminded that they must propose on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders thereto may render the proposal non-responsive and be cause for its rejection.

CLIN NOTES

CLIN 1: The Santa Clara Valley Water District shall be named as an additional insured on the Contractor general liability insurance.

CLIN 2: This item shall include all labor, equipment and materials to construct a building pad, a government modular office, water and sewage tanks, and utility hookups, including USACE internet services on the Gold Street Staging area #1 near Reach 1. Provide all water and sewage services, other utility services throughout the period of performance, and janitorial services. All work incidental to this construction shall also be include.

CLIN 3: This item shall include all labor, equipment and materials to construct the new levee from Station-2+00 to 42+00 to the Stage 1 crest elevation. Work includes but is not limited to all required demolition, placement of site safety equipment and fencing, Section 00 10 00 - Page 1

Section 00 10 00 - Page 2 successful demonstration of construction means and methods, quality control, dewatering and diversion, excavation, import of levee fill and placement, construction and operation of contractor site project offices, traffic control, safety, environmental monitoring and requirements compliance, and all other incidental work. This item includes demolition and reconstruction of the pedestrian overlook, replacement of interpretive signs, and replacement of the water control structure near the north end of the project. This item shall include all labor, equipment and materials to install and monitor consolidation instrumentation, all environmental monitoring and requirement compliance during the consolidation period, all levee maintenance including erosion protection and storm water pollution prevention and control, site security and other incidental work required prior to beginning construction of Stage 2 of the levee.

CLIN 4: Upon completion of the consolidation period, all remaining work to complete the levee construction shall be included in this item. This will includes all labor, materials and equipment to construct the levee to its final configuration. Work shall include but not be limited to all required demolition, placement of site safety equipment and fencing, quality control, dewatering and diversion, excavation, import of levee fill and placement, levee crest roadway construction, rodent and erosion matting construction, top soil placement, seeding, and construction and operation of contractor site project offices, traffic control, safety, environmental monitoring and requirements compliance, and all other incidental work.

CLIN 5: This item includes all labor, equipment and materials for removal and replacement of a 24-inch Asbestos Concrete force main pipe with HDPE near station -1+50 and backfill in accordance with USACE levee penetration requirements. The force main can be shut down for 4 weeks in the summer months with advance coordination with the City of San Jose. At Station -2+00, three 60-inch concrete culverts were abandoned. The contractor shall excavate to -2 feet between -2+25 and -1+75 to locate pipes. The 60-inch pipes shall be removed, and excavations shall be backfilled with levee fill.

CLIN 6: This item includes all labor, equipment and materials to construct a new levee between UPRR and Artesian Slough as shown on the plan. Work includes but is not limited all required demolition, placement of site safety equipment and fencing successful demonstration of construction means and methods, quality control, dewatering and diversion, excavation, import of levee fill and placement, construction and operation of contractor site project offices, traffic control, safety, environmental monitoring and requirements compliance, and all other incidental work. This work includes excavation spoils placement in Pond A12. All work incidental to construction of the levee shall be included in this CLIN.

Interpretive signs and bench construction are to be included in CLIN 6. Other incidental work such as site pavement and other restoration are included in CLIN6.

CLIN 7: This item includes all labor, equipment and materials. This item includes the construction of a new water control structure, and demolition and reconstruction of the pedestrian boardwalk

Section 00 21 00 - Page 1

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code

Reporting

AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.215-20 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

1 .0 GENERAL

The scope of this Invitation for Bid (IFB) is for South San Francisco Bay Shoreline Reach 1-3, Santa Clara County, California.

General Reach 1 and Reach 2/3 description:

This project is for levee construction along the South San Francisco Bay Shoreline, consisting of

1.6 miles of flood risk management levees with approximately 600,000 cubic yards (cy) of fill.

The project area is between New Chicago Marsh and the Alviso pond complex –former salt harvesting ponds. Reach 1 is bounded by Alviso Marina Park and the crossing of Union Pacific Rail Road (UPPR); and Reaches 2 and 3 are bounded by UPPR and Artesian Slough.

The engineered levees have a crest elevation of ranging from 15 to 17 feet, a minimum crest width of 16 feet, and 3H:1V side slopes. The access road, on top of the levee, will be surfaced with a minimum of 8 inches of Cal Trans Class 2 Aggregate Base. Structural features included in the contract include two water control structures and pedestrian boardwalks. The water control structure in Reach 1 is to be relocated and replaced in kind; the control structure in Reach 2 will be replaced with a 16 feet tall reinforced concrete structure, with flared wingwalls that match the levees slope.

This structure includes a 48 inch reinforced concrete pipe (RCP) that runs from the Pond A18 , through the levee, and discharges into the marsh. The boardwalk is to be replace-in-kind, with access from the marsh to the top of the levee. The bay mud limits the levee construction rate for Reach 1, to allow construction pore pressures to dissipate. Construction for Reach 1 is likely to be performed across the duration of the period of performance to allow consolidation of the bay mud.

Section 00 21 00 - Page 2

The location and description:

The existing material, to be excavated, is not suitable to be used for the engineered levee; all fill will have to be imported from a borrow site. Up to 100,000 loose cubic yards of levee will be provided by the government in a stockpile located adjacent to Reach 1. Additional levee fill will need to be secured and delivered to the site by the Contractor. Levee fill will need to meet both geotechnical and environmental contaminant specifications.

The site has limited access. Ingress/egress is anticipated to be from the Hope Street and Grand Boulevard. Material from excavation will be stockpiled in Pond A12. The designated stockpile area has limits 500 feet from the centerline for Reach 1, and an average one-way haul distance of 2 miles for Reach 2/3 when considering haul distances before and after the grade crossing is constructed.

2.0 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

3.0 OTHER BID DELIVERY METHODS

Due to the coronavirus pandemic, and in the interests of public health and safety, all contractors are required to submit their proposals electronically via the DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). No hand-delivered proposals will be accepted. To submit a proposal, each contractor must contact obtain a unique DoD SAFE request code. Erica Miller can be reached at Erica.B.Miller@usace.army.mil

In the event Erica Miller cannot be reached, please contact Mary Fronck, Contracting Officer at Mary.Fronck@usace.army.mil, to request assistance. Once a contractor has a unique request code, they may upload their proposal submission to DoD SAFE. All submissions must be no later than the proposal due date and time listed on the SF 1442. In order to facilitate electronic submission of bonds, the Government may contact the surety that issues the offeror's submitted bid guarantee in order to validate the bond, as permitted by FAR 28.101-3(e).

4.0 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Contract Opportunities (Beta.Sam) website beta.sam.gov

Drawings and Specifications will be shared via DoD Safe due to file size. Please contact Eunhye.Kim@usace.army.mil to request the drawings and specifications.

All amendments will be posted to the Beta.Sam website. It shall be the contractor's responsibility to check the websites for any amendments.

Section 00 21 00 - Page 3

5.0 PERFORMANCE AND PAYMENT BONDS

The offeror will, furnish performance and payment bonds within the time established in the contract in accordance with FAR 52.228-15 located in Section 00 72 00.

6.0 INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS

An offeror utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the proposal itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate.

Failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

7.0 BID GUARANTEE FORM AND AMOUNT

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 (b) the bid guarantee amount shall be at least 20 percent of the “proposed price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated.

In accordance with FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond.

In accordance with FAR 28.202(a) (1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

8.0 PREPARATION OF SUBCONTRACTING PLAN (SEP 2004)

(a) See FAR 52.219-9, Section 00 72 00, Small Business Subcontracting Plan, incorporated by reference into this contract in Section 00 72 00.

(b) The Small Business Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award.

Section 00 21 00 - Page 4

(c) Contact Mr. Theodore T. Turney, Chief, Contracting Division, (415) 503-6990, with questions on the Small Business Subcontracting Plan requirements.

(d) The acceptable Small Business Subcontracting Plan will be incorporated into and made a material part of the contract.

(e) The Corps of Engineers high encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 23.0% Small, Disadvantaged Businesses 5.0% Women-Owned Small Businesses 5.0% HUBZone Small Business 3.0% Veteran-Owned Small Businesses 3.0% Service-Disabled Veteran Owned Small Business 3.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING

DOLLARS, NOT THE TOTAL CONTRACT AMOUNT.

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(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 which 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

Section 00 21 00 - Page 5 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, or revision, 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

Section 00 21 00 - Page 6

(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

Section 00 21 00 - Page 7 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.

Section 00 21 00 - Page 8

(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 items, the make and model of the item 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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

Section 00 21 00 - Page 9

The Government contemplates award of a Firm-Fixed Priced contract resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be _20_ percent of the bid price or $3,000,000, 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)

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 to the Contracting Officer (Mary Fronck) by obtaining written and dated acknowledgment of receipt from Chief of Contracting (Theodore Turney) US. Army Corps of Engineers San Francisco, Contracting Division 450 Golden Gate 4th floor, San Francisco, CA 94102

(b) The copy of any protest shall be received in the office designated above within one day of

Section 00 21 00 - Page 10 filing a protest with the GAO

(End of provision)

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) In-Person site visits may be arranged during normal duty hours by contacting:

Name: Neil Hedgecock Email: Neil.C.Hedgecock@usace.army.mil

Virtual Site visit will be conducted February 4, 2021 at 1pm PST via Webex at:

https://usace1.webex.com/meet/mary.fronck

(End of provision)

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):

Acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 22 00 - Page 1

Section 00 22 00 - Supplementary Instructions

PROPOSAL SUBMISSION REQUIREMENTS

1.0 GENERAL INSTRUCTIONS

This is a competitive advertisement for a single award firm fixed price contract to the offer that is determined to be the lowest price technically acceptable. The evaluation methodology for this procurement will consist of three factors:

(1) Experience Technical Factor

(2) Past Performance Technical Factor

(3) Price Price Factor

1.1 Offerors shall strictly adhere to the requirements in this Section when preparing the proposal to be submitted in response to this Request for Proposal (RFP). All proposals shall be in English.

The Government will not reimburse any Offeror any cost incurred in response to this RFP.

Proposals that fail to comply with the proposal submittal requirements addressed in this section of the solicitation may be deemed unacceptable. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will be posted to and made available for viewing in Federal Business Opportunities (http://www.beta.sam.gov). All amendments will be posted to and made available for viewing in Beta.Sam.gov. It shall be the Offeror’s responsibility to check the website for any amendments.

1.2 The Government seeks award of one contract to the responsible offeror whose proposal represents the best value to the Government using the Lowest Priced Technically Acceptable (LPTA) process.

1.3 The Government will determine which offeror demonstrates the required competence for performing the requirement described herein and offers the lowest priced technically acceptable proposal to the Government. Offerors are advised the Government intends to make an award on the basis of initial proposals without conducting discussions with the offerors (other than communications conducted for the purpose of clarification). However, the Government reserves the right to conduct discussions if the Contracting Officer determines it necessary.

Section 00 22 00 - Page 2

1.4 The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one is determined to be necessary, upon completion of the evaluation.

Offerors are advised that the Government may make award without discussions, clarifications, or any contact concerning the proposals received. Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Offerors shall not assume that they will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

1.5 Proposals received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors – Competitive Acquisition”.

1.6 Offerors are required to provide information addressing all stated factors in a clear and understandable format. If an offeror does not have information relating to a specific factor, the offeror shall clearly state so in the proposal. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration.

2.0 PROPOSAL SUBMISSION INSTRUCTIONS

2.1 The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience and will base its evaluation on the information presented in the offeror’s proposal.

Due to the coronavirus pandemic, and in the interests of public health and safety, all contractors are required to submit their proposals electronically via the DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). No hand-delivered proposals will be accepted.

To submit a proposal, each contractor must contact Erica Miller to obtain a unique DoD SAFE request code. Erica Miller can be reached at Erica.B.Miller@usace.army.mil. In the event Erica Miller cannot be reached, please call Mary Fronck, Contracting Officer at (415) 503-6554, to request assistance. Once a contractor has a unique request code, they may upload their proposal submission to DoD SAFE. All submissions must be no later than the proposal due date and time listed on the SF 1442.

In order to facilitate electronic submission of bonds, the Government may contact the surety that issues the offeror's submitted bid guarantee in order to validate the bond, as permitted by FAR 28.101-3(e).

Section 00 22 00 - Page 3

2.2 Proposals shall be submitted in two (2) separate volumes as follows:

VOLUME I Technical Proposal VOLUME II Price Proposal

2.3 Volume I shall contain the Technical Proposal and shall be clearly marked Volume I – Technical Proposal.

2.4 Volume II shall contain the Price Proposal and shall be clearly marked Volume II – Price Proposal.

2.5 Each volume shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. It is recommended that the pages be standard 8-1/2” x 11” or A4 white bond paper using 12 characters per linear inch or equivalent as the minimum size standard for text.

2.6 The Government recognizes that offerors go to considerable expense to prepare proposals for this solicitation, so the Government prefers that proposals be practical. Elaborate format, special binders, special reproduction techniques, and the like are not necessary or desired. In short, the proposal shall completely and adequately address the requirements stated in solicitation.

Proposal legibility, clarity, coherence, and contents are important.

2.7 Revised Proposal. Revised proposals will not be accepted unless specifically requested by the Contracting Officer. If the Contracting Officer decides to conduct discussions and requests revised proposals from the offerors; offerors shall ensure that all replacement pages are clearly marked “REVISED”, shall show the date of revision, shall be submitted in the appropriate number of copies (e.g., if two copies of the original page was required, then two copies of the revised page will also be required). All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. bold face print or underlining.

3.0 PROPOSAL CONTENT

3.1 Volume I – Technical Proposal

The total pages submitted for the Technical Proposal shall not exceed fifty (50) pages. Each page should be numbered. Any pages over the prescribed limit will not be considered for

Section 00 22 00 - Page 4 evaluation. Do not include the front and back cover of the technical proposal in the fifty (50) sheet count.

In addition, provide the complete Volume I – Technical Proposal submittal, including text, renderings, drawings, photographs, etc. as PDF file. The offeror is responsible for ensuring that a complete and accurate copy of the proposal is submitted.

The submittals should be formatted as follows:

Volume I – Technical Tab Documents to be

1 Cover Sheet. (See note 1)

2 SF 1442 (front and back page)

3 Section 00 45 00, Representations and Certifications

4 Joint Venture Agreement (if Joint Venture)

5 Attachment A “Construction Experience Worksheet” (See Note 2)

6 Attachment B – Past Performance Questionnaire. Submit one sheet for each project submitted under Construction Experience Worksheet (See Note 3)

NOTE 1

Cover Sheet. Follow instructions in Provision 52.215-1, INSTRUCTIONS TO OFFERORS--

COMPETITIVE ACQUISITION

NOTE 2

Construction Experience Worksheet (Attachment A) included in this solicitation is provided for the offeror to submit for each project included for Factor 1, Construction Experience.

NOTE 3

Past Performance Questionnaire (Attachment B) included in this solicitation is provided for the offeror to submit information for Factor 2, Past Performance.

Section 00 22 00 - Page 5

3.2 Volume II – Price Proposal

The offeror is responsible for ensuring that a complete and accurate copy of the proposal is submitted

Volume II – Price Tab Documents to be

1 Cover Sheet. (See NOTE 1, paragraph 3.1)

2 Standard Form (SF) 1442. Front and back page.

3 Section 00 10 00. Price Schedule

4 Section 00 45 00.

5 Joint Venture Agreement (if a Joint Venture)

4.0 EVALUATION FACTORS AND SUBMISSION REQUIREMENTS

Non-price factors are Construction Experience and Past Performance. The evaluation factors and submission requirements for each factor are as follows:

4.1 Factor 1 Construction Experience

Only relevant construction projects will be considered for evaluation. Relevant projects are projects that include EACH OF THE FOLLOWING:

(1) Project is for construction

(2) Project completed as the PRIME company

(3) Project completed in the last ten (10) years from date of advertisement

(4) Project completed with a contract value of $10,000,000 or more

(5) Project completed with earthwork on a soft soil site. Soft soil sites are characterized by soils with undrained strengths of less than 1,000 psi and ground water at a depth of less than 5 feet.

(6) Project completed with earthwork in a tidally influenced area. A "tidally influenced area" is defined by the inland limits of areas that experience fluctuations in water level due to average tides. These areas could include: bays, estuaries, coastal tributaries/rivers, coastal wetlands, coastal sloughs, or the coastal nearshore zone, etc.

(7) Project completed involved 100,000 cubic yards (or more) of fill material

Section 00 22 00 - Page 6

Note: For purposes of evaluating construction experience as a prime contractor, the offeror and prime contractor are defined as the contractor identified in Block 14 of SF 1442. If a Joint Venture (JV) joint venture is identified in Block 14 of the SF 1442, then a signed joint venture agreement must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM) by the submittal date of offer. Under JV agreements, the Government will evaluate construction experience for the JV as a singular entity whereby the JV is considered the prime contractor (inclusive of all affiliates comprising the agreement).

(a) The offeror may demonstrate prime contractor experience through one or more of the members to the JV.

(b) Projects performed by contractors other than the offeror (such as teaming partners) will not be evaluated as construction experience by a prime contractor unless those other contractors are part of a joint venture for this solicitation as demonstrated by a signed joint venture agreement.

(c) For projects in which your firm or a joint venture partner firm performed the role of a subcontractor, this will not count as construction…