W912P8-09-R-0046.pdf

RFP NO. W912P8-09-R-0046

US Army Corps of Engineers® New Orleans District

100% Service-Disabled Veteran (SDV) Set-Aside

Operations and Maintenance, General Mississippi River and Tributaries

Various Projects

Multiple Award Task Order Contract (MATOC) (Solicitation includes Task Order 0001)

Various Parishes in New Orleans District

Construction Solicitation and Specifications

April 2009

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF-1442)

00100 INSTRUCTIONS TO BIDDERS

00130 INSTRUCTIONS FOR PROPOSAL PREPARATION

EVALUATION FACTORS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 01100

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 16.00 20 CONSTRUCTION PROGRESS DOCUMENTATION

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01 USACE QUALITY CONTROL

01 45 01.10 USACE QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

THIS IS A 100% SERVICED DISABLED VETERAN SET-ASIDE MULTIPLE AWARD TASK ORDER CONTRACT. TASK ORDERS ISSUED UNDER THIS CONTRACT WILL BE ULITIZED TO EXECUTE REPAIRS TO LOCKS AND OTHER FACILITIES WITHIN THE AREA OF OPERATIONS OF THE CORPS OF ENGINEERS MISSISSIPPI VALLEY DIVISION. THE REPAIRS MAY INCLUDE, BUT NOT LIMITED TO, WORK SUCH AS A GUIDEWALL AND DOLPHIN REPLACEMENT, GATE OPERATING MACHINERY REPAIR, RESHEETING BUILDINGS, PAINTING GATES, PAVING PARKING LOTS, DEWATERING AND MAINTENANCE, REPLACEMENT OF GENERATORS, ELEVATION OF GENERATOR HOUSES; INSTALLATION OF WATERLINES. WORK WILL BE PERFORMED THROUGH INDIVIDUAL TASK ORDERS THAT WILL BE COMPETED AMONGST ALL AWARDEES.

TASK ORDERS MAY BE COMPETED ON BEST VALUE, LOWEST PRICE OR ANY COMBINATION THEREOF. PERIOD OF PERFORMANCE WILL BE A BASE YEAR WITH AN OPTION OF TWO ADDITIONAL YEARS. THE CEILIMG AMOUNT OF THIS MATOC IS $40,000,000.00. INDIVIDUAL TASK ORDERS ISSUED UNDER THIS MATOC WILL RANGE BETWEEN APPROXIMATELY $100,000.00 - $15,000,000.00. THE MINIMUM GUARANTEE FOR EACH CONTRACT AWARDED FROM THIS SOLICITATION IS $10,000.00. (SEE FAR SECTION 00700, FAR 52.216-19)

*BLOCK 11, 12B, 13B & 26: TO BE DETERMINED BY TASK ORDER.

CAROLYN R QUINN (504) 862-2688

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

24-Apr-2009

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________27 May 2009 (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 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 _______30 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

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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:

W912P8-09-R-004686

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

SECTION 00100

BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR

2008)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2004)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS (FEB 2009)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER (MAY 1999)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE

REPORTING (AUG 1999)

W912P8-09-R-0046 00100-i

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

W912P8-09-R-0046 00100-1

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(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 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.

W912P8-09-R-0046 00100-2

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

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

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

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not

W912P8-09-R-0046 00100-3 want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

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

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

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract 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.

W912P8-09-R-0046 00100-4

(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.

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs.

The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the

W912P8-09-R-0046 00100-5 offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

W912P8-09-R-0046 00100-6

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

UNDER TRADE AGREEMENTS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225- 11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

W912P8-09-R-0046 00100-7

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

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

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

(ii) May be accepted if revised during negotiations.

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(MAY 1999)

The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror's name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.

(5) The offeror's account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Nancy Tullis Procurement Branch, U. S. Army Corps of Engineers, P.O.

Box 60267, New Orleans, LA 70160-0267, facsimile 504-862-2892.

W912P8-09-R-0046 00100-8

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

Name:

Address: To Be Determined By Task Order Telephone:

252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG

1999)

(a) The offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter “CAGE” before the number.

(b) If the offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Information Service (DLIS). The Contracting Officer will--

(1) Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

(2) Complete section A and forward the form to DLIS; and

(3) Notify the Contractor of its assigned CAGE code.

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

W912P8-09-R-0046 00100-9

INSTRUCTIONS FOR PROPOSAL PREPARATION

This is a competitive Best Value Acquisition in which competing offerors’ past and present performance history and technical factors will be evaluated on the basis that these evaluation factors, when combined, are significantly more important than cost or price. By submission of its’ offer in accordance with the instructions provided, the Offeror accedes to the terms of the Solicitation and all such offers shall be treated equally except for their prices, technical submissions and performance records.

Companies providing the best value will be selected for award based on their proposal demonstrating competence and qualifications for the required work. The Government intends to make multiple awards from this solicitation, and individual task orders will be competed among the awardees. Task Order awards will be based on lowest price OR lowest-price technically acceptable (LPTA) OR best value (technical considerations being more advantageous to the Government than low price).

Offerors are encouraged to include their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, or reject proposals from the competitive range, if deemed to be in the best interest of the Government.

Proposal submissions are as follows:

Technical Proposals shall address all evaluation factors (attached) for the prime contractor as well as potential, major subcontractors.

Following each evaluation factor, you will find the submittal required to address each one. You are required to submit ORIGINAL PLUS 4 COPIES of your Technical Proposal.

Cost Proposals shall consist of the following items. You are required to submit an ORIGINAL ONLY of your Cost Proposal for Task Order 0001, Port Allen Lock Expansion Joint Repairs.

a) Signed SF-1442

b) Completed Section 00600

c) Completed Task Order 0001 Bidding Schedule

d) Bid bond.

You ARE required to complete the bid schedule with actual pricing. This will be used during the Government’s evaluation process to determine cost reasonableness. It is the Government’s intention to award Task Order 0001 to the lowest-priced offeror that was successful in receiving an award under the basic MATOC pool. Offerors are reminded that the Government may not make an award to a firm offering pricing determined unreasonable. It is the Government’s intention to award 5 or more MATOC contracts under this solicitation, if possible. The Government anticipates all task orders to be issued by calendar year 2011.

Entire package shall be submitted on ______________, 2009, at 2:00 P.M.

to:

U.S. Army Corps of Engineers Attn: New Orleans District Contracting Division (Carolyn Quinn) 7400 Leake Avenue Room 163 New Orleans, LA 70118

Should you have any questions, Carolyn Quinn can be reached at:

Carolyn.r.Quinn@usace.army.mil Telephone: 504-862-2688 FAX: 504-862-2892 or 504-862-2889 mailto:Carolyn.r.Quinn@usace.army.mil

EVALUATION FACTORS

Exceptional

Contractor’s proposal exceeds requirements of the solicitation and demonstrates exceptional understanding of the goals and objectives of the contract. Significant strengths exist with no weaknesses. No additional submissions and/or re-writes to the original submission are required. There is a very high probability of success with a low risk to the Government.

Very Good

Contractor’s proposal meets requirements of the solicitation and demonstrates clear understanding of the goals and objectives of the contract. Significant strengths exist with minor weaknesses. Minor additional submissions and/or re-writes to the original submission may be required. There is a high probability of success with a low to moderate risk to the Government.

Satisfactory

Contractor’s proposal meets the minimum requirements of the solicitation and demonstrates an acceptable level of understanding relative to the goals and objectives of the contract. Several strengths exist as well as some weaknesses. Some additional submissions and or re-writes to the original submission may be required. There is a good probability of success with a moderate risk to the Government.

Neutral

Contractor’s proposal is close to, but does not meet the minimum requirements of the solicitation and demonstrates that the contractor does not fully understand the goals and objectives of the contract.

Some strengths exist with many weaknesses. Significant additional submissions and/or re-writes to the original submission are required.

There is a low probability of success with a high risk to the Government.

Unsatisfactory

Contractor’s proposal does not meet the requirements of the solicitation and demonstrates that the contractor does not understand the goals and objectives of the contract. No strengths exist with many unacceptable weaknesses. A completely new submission is required to meet the requirements of the solicitation. There is a low to poor probability of success with an unacceptable risk to the Government.

Selection will be based on the following criteria, which are listed in descending order of importance with technical factors when combined, being significantly more important than price. Factor 1 is the most significant. Factors 2, 3 and 4 are comparatively equal and are more significant when compared to Factor 5.

Technical Factors

1. Past Performance Including Safety

Offerors will be evaluated on the quality of similar work performed, as a prime contractor or as a majority subcontractor, in the last five (5) years, using the evidence provided by the offeror. Performance on projects similar in scope, complexity, magnitude and schedule will provide a basis to assess strengths, weaknesses, and the overall performance associated with award to a particular contractor. The offeror should provide sufficient details of the past projects to allow the Government to evaluate scope complexity and magnitude of each project listed. For all projects listed, the offeror should provide any relevant performance evaluation information from project owners and applicable stakeholders. The Government reserves the right to verify supplied information and references and further assess owner satisfaction. The Government may also use any other past performance information, from other sources, outside of the offerors proposal in their evaluation.

Submittals: For all past performance experiences cited in the contractor’s proposal include as a minimum the following for prime and majority subcontractor work:

- A description of the contract scope, complexity and magnitude.

- The contract established completion date and the actual completion date. Include a description of any modifications changing the delivery date.

- The contract price at award and the completed contract price, including any change orders or modifications affecting price.

- List points of contact with telephone and other contact information for each contract experience included in the proposal.

The Government will pull Construction Contract Administration Support System (CCASS) evaluation reports for Corps of Engineers contracts on all offerors. Offerors are not required to submit these reports with their proposals.

For non-Corps of Engineers contracts, provide a copy of the performance rating issued by the contracting agent.

Offerors shall provide a listing of all exposure and accident experienced incidental to work for the past two years (as a minimum these records shall include exposure work-hours and a log of occupational injuries and illnesses).

Safety Submittal: OSHA Form 300 or equivalent as prescribed by

29 CFR 1904).

2. Affiliations

The offeror shall provide detailed experience, qualification and capability information for key subcontractors contemplated for use on this contract. Subcontractor information submitted shall be with firms with whom the contractor has had successful prime/sub relationships in the past or with whom the offeror has a standing agreement to do work in the future. Project or contract experience information provided should be relevant and pertain to work of similar scope, complexity, magnitude and schedule as that of this solicitation. Subcontractor information presented should provide sufficient details of the past projects to allow the Government to evaluate scope complexity and magnitude of each project listed. For all projects listed, the offeror should provide any relevant performance evaluation information from project owners and applicable stakeholders. Offerors should include personnel qualifications of proposed subcontractor personnel.

Submittal: Provide evidence of past projects or agreements for future work. Demonstrate the level of subcontractor support, or ratio of prime to sub forces and equipment utilized in these particular contracts should be provided. Provide details of scope, complexity, and magnitude as well as performance information for all subcontractors included. Include personnel qualifications of proposed subcontractor personnel. To avoid duplication of information, past affiliation information required may be included with Factor 1 Past Performance submittal.

3. Key Personnel Qualifications

Offerors shall provide the qualifications and experience of any staff proposed for this contract including: key corporate personnel, officers, project managers, superintendents, quality control officers, and staff identified for participation on projects under this contract. Offerors will be evaluated on the quality, education, and experience possessed to meet or provide the expertise requirements of proposed work under the contract.

Submittal: Include resumes; years of experience in position;

experience in projects of similar scope, magnitude, complexity, and schedule.

4. Financial Capability

The offeror’s proposal shall demonstrate his or her financial capability or ability to acquire the financial resources to perform one or more task orders under this MATOC contract within the contract period. The proposal shall include a verifiable document expressing the current bonding capacity of the contractor. Offeror shall be able to secure bonding of at least $10M for a single job. The proposal shall also address the contractor’s financial plan for performing multiple projects concurrently.

Submittal: Provide letter from Bonding Company stating the firm’s bonding capacity. The proposal shall also contain a short narrative outlining the contractor’s plan to provide and maintain the required resources and cash flow necessary to successfully accomplish multiple task orders concurrently if selected for award.

5. Management

The offeror shall provide details of their project management philosophy and what tools they will use to ensure the project stays on schedule. Offerors shall include experience preparing and updating Primavera schedules in SDEF format and list actual QCS experience. Submissions should also provide strategies for regaining schedules in the face of unforeseen delays. The contractor’s project management plan should address strategies for managing multiple projects (task orders) concurrently.

Submittal: Provide a narrative to address this factor.

6. Price

The Contractor shall provide unit prices and extended amounts for all items of work listed in the task order bid schedule.

The price will be evaluated for reasonableness. For base contract awards, the task order total price will be used in a best value tradeoff.

The award of Task Order 0001 within the MATOC will be based on the lowest price offered. Award of subsequent task orders may be on the basis of lowest price, lowest price technically acceptable, or best value, as stated in the task order solicitation.

To clarify, price will be a factor in the best value selection of base contract awards, but Task Order 0001 will be awarded to the lowest priced proposal among those proposals that are selected for a base contract award under the MATOC.

SECTION 00600

REPRESENTATIONS & CERTIFICATIONS

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

52.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

(AUG 1992)

W912P8-09-R-0046 00600-i

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

W912P8-09-R-0046 00600-1

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name---------------------------…