W912P809R0105SPECS.pdf

IFB NO. W912P8-09-R-0105

US Army Corps of Engineers ® New Orleans District

Hurricane Protection Project

UNRESTRICTED BEST VALUE

WBV-16b Fronting Protection Bayou Segnette 1 & 2 Pumping Stations

Jefferson Parish, Louisiana

Construction Solicitation and Specifications

11 September 2009

Ed 08-011

In Lieu of STANDARD FORM 1442 (Automated)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912P8-09-R-0105

2. TYPE OF SOLICITATION

ADVERTISED (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

11 SEP, 2009

PAGE OF PAGES

IMPORTANT ⎯ The “offer” section on the reverse must be fully completed by offeror.

4, CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST 6. PROJECT NO.

ED 09-091

7. ISSUED BY CODE ADDRESS OFFER TO

U.S. Army Corps of Engineers, New Orleans Attn: CEMVN-CT-P: Room 163 New Orleans, LA 70118

See item 7.

9. FOR INFORMATION

CALL:

A. NAME

Carolyn R. Quinn

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) (504)862-2688

SOLICITATION

NOTE: In advertised solicitations “offer and offeror” mean “bid” and “bidder”.

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

WBV-16b, West Bank and Vicinity, Louisiana, Segnette Pumping Station Fronting Protection and Modifications.

THIS IS A DPAS RATED ORDER. THE RATING IS DO – N7.

NOTE: THE DEADLINE FOR SUBMITTING QUESTIONS REGARDING THE SUBJECT SOLICITATION IS 07 OCTOBER 2009, 2:00 PM CST. ANY QUESTIONS RECEIVED AFTER THIS DEADLINE MAY NOT BE CONSIDERED.

11. The Contractor shall begin performance within 10 calendar days and complete it within 600 calendar days after receiving award notice to proceed This performance period is mandatory negotiable (See )

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 14:00 (hour) local time October 13, 2009 (date). If this is an advertised solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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) work 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 will be considered nonrespon-sive and will be rejected.

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ______________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum re-quirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENTContractor is required to sign this document and return ____________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD(Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK(REV. 4-85)

New Orleans,Westbank Area Office U.S. Army Corps of Engineers P.O. Box 2246 Marrero,LA 70073

USACE, FINANCE CENTER

ATTN: CEFC-AD

5722 INTEGRITY DRIVE

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

P.O. BOX 60267

NEW ORLEANS, LOUISIANA 70160-0267

REPLY TO

ATTENTION OF:

11 September 2009

CONTRACTING DIVISION

PROCUREMENT BRANCH

SOLICITATION: W912P8-09-R-0105

FOR: Hurricane Protection Project, WBV-16b, Fronting Protection, Bayou Segnette, 1 & 2 Pumping Stations, Jefferson Parish, Louisiana

TO OPEN:

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM

THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. (DFARS 204.7302) Prospective contractors must be registered in the CCR database prior to award of a contract. By regulation, no DoD contract can be awarded to any contractor that is not registered in the Department of Defense “Central Contractor Registration” (CCR). If your company is not currently registered in the CCR you may do so by simply going to http://www.ccr.gov. You will be required to provide your company’s Dun and Bradstreet number.

If you do not already have a D&B number, one can be obtained simply by calling Dun and Bradstreet at (800) 333-0505.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY

THIS SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS

IN BIDS IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of construction of reinforced concrete floodwalls; levee construction; clearing and grubbing; painting; establishment of turf; placing stone, bedding, geotextile; driving steel sheet piling, steel pipe piles, steel H-piles; precast, prestressed concrete piles; excavation, structural excavation and backfill; surfacing; drainage systems; electrical systems;

dewatering; installing swing gate, butterfly valves; demolition; construction of temporary retaining structures and temporary flood protection and other incidental work.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time. Such delays DO NOT permit acceptance or consideration of late bids.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE

WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH

REQUIREMENTS MANUAL", DATED SEPTEMBER 2008.

http://www.ccr.gov/

ATTENTION:

Effective January 1, 2005, all Contractors who submit an offer/bid are required to register in the Online Representations and Certifications Applications (ORCA). See FAR Clauses 25.204-7 and 52.204-8 for required information. The Web site for ORCA is http://orca.bpn.gov. ORCA registration replaces some of the Representations and Certifications normally found in Section 0600.

http://orca.bpn.gov/

BID BOND

PENAL SUM OF BOND BID IDENTIFICATION

PRINCIPAL

INDIVIDUAL SURETY(IES)

CORPORATE SURETY(IES)

(See instructons on reverse)

DATE BOND EXECUTED (Must not be later than bid opening date)

FORM APPROVED OMB NO.

Public reporting burden for this collection of information is estimated to average 25 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the FAR Secretariat (VRS). Office of Federal Acquisition Policy, GSA, Washington, D. C. 20405; and to the Office of Management and Budget, Paperwork Reduction Project (9000-0045), Washington, D.C. 20503.

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

INDIVIDUAL

JOINT VENTURE

PARTNERSHIP

CORPORATION

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

AMOUNT NOT TO EXCEED BID DATE INVITATION NO.

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

FOR (Construction, Supplies or Services)

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance bid that the Principal may grant to the Government. Notice to the Surety(ies) of extension(s) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

SIGNATURE(S)

1.

1.

2.

2.

3.

3.

Corporate(Seal) (Seal) (Seal)

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

NAME &

ADDRESS

9000-0045

S U R E T Y

A

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

Seal

STANDARD FORM 24NSN 7540-01-152-8059 EXPIRATION DATE 12-31-92 24-106

Previous edition not usable Prescribed by GSA - FAR (48 CFR) 53.228(a)

(REV. 1-90)

CORPORATE SURETY(IES) (Continued)

NAME &

ADDRESSS

U R E T Y B

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

NAME &

ADDRESSS

U R E T Y C

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

NAME &

ADDRESSS

U R E T Y

D

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

NAME &

ADDRESSS

U R E T Y E

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

NAME &

ADDRESSS

U R E T Y F

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

NAME &

ADDRESSS

U R E T Y

G

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2.

STATE OF INC. LIABILITY LIMIT

Corporate

Seal

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g. an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed ___________ dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury`s list of approved sureties and must act within the limitations listed therein. Where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identification of the sureties.

(b) Where individual sureties are involved, a completed affidavit of Individual Surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substaining information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdicton requiring adhesive seals.

6. Type the name and the title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

STANDARD FORM 24 (REV. 1-90) BACK

TABLE OF CONTENTS

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.214-5000 Apparent clerical mistakes

52.216-1 TYPE OF CONTRACT (APR 1984)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009) .. 2

52.232-38 - Submission of Electronic Funds Transfer Information with Offer

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-0105 0100-a ED 08-011

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

CLAUSES INCORPORATED BY FULL TEXT

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.214-5000 Apparent clerical mistakes.

ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

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

W912P8-09-R-0105 0100-1 ED 08-011

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.

(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.

As prescribed in 32.1110(g), insert the following provision:

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.

W912P8-09-R-0105 0100-2 ED 08-011

W912P8-09-R-0105 0100-3 ED 08-011

(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 Ms. Nancy J. Tullis, Contracting Officer, USACE, P.O. Box 60267, New Orleans, LA 70160-0267

(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: Mr. Lary Yorke, Resident Engineer, West Bank Area Office Address: USACE, P.O. Box 60267, New Orleans, LA 70160-0267 Telephone: 504-862-2754

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.

Section Table of Contents

SECTION 00130 – PROPOSAL EVALUATION CRITERIA

1.1 SCOPE

1.2 SOURCE SELECTION USING THE TRADE-OFF PROCESS

1.3 RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION

FACTORS

1.4. TECHNICAL/QUALITY EVALUATION

1.5 NON-COST FACTORS

1.6 COST FACTORS……………………………………………………………………………9

1.7 RFP SUBMITTALS

00130-a ED 08-024

SECTION 00130 – PROPOSAL EVALUATION CRITERIA

1.1 SCOPE

In accordance with FAR 15.304, the following factors will be considered in evaluating the non-cost aspects of the proposals. Narrative color descriptors have been selected to highlight the strengths and weaknesses of each offerors proposal for each evaluation factor, paragraph 1.5 (items (1.) through (4.) below). In evaluating a contractor's proposal, evaluators must document the proposal's strengths and weaknesses. Using succinct, clearly stated narratives, evaluators will indicate the impact to the Government of the strengths and/or weaknesses, providing supporting facts and rationale. If the proposal exceeds the Government's expectations in relation to the evaluation criteria/standards, it forms the basis for "strength" and would receive an “Exceptional" rating. If the proposal is below the Government's expectations in relation to the evaluation criteria/standards, it forms the basis for "weakness" and would receive an “Unsatisfactory” rating. A final narrative summary shall be employed when evaluating proposals in accordance with Section 00130 of the Request for Proposals.

This is a Request for Proposal (RFP). Proposals will be evaluated by a Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers. Award will be made to that offeror, determined by the Government, who can accomplish the requirements set forth in the RFP in a manner most advantageous to the Government considering both cost and non-cost factors. The Government reserves the right to award this Contract to other than the lowest price offeror after consideration of all factors.

1.2 SOURCE SELECTION USING THE TRADE-OFF PROCESS

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and technical merit/quality and allows the Government to accept other than the lowest priced offer or other than the highest technically rated offer. The award decision will be based on a comparative assessment of proposals against all source selection criteria in the solicitation.

1.3 RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION

FACTORS

All non-cost evaluation factors (i.e. technical), when combined are significantly more important than cost or price. The Government is concerned with striking the most advantageous balance between Technical Merit (i.e., quality and timeliness) and cost to the Government (i.e., price).

00130-1 ED 08-024

1.4 TECHNICAL/QUALITY EVALUATION

The Government will evaluate each of the three (3) non-cost factors and rate the proposals. Non- cost factors are not all equal in importance. The following terminology is used to describe the relative importance of each non-cost factor:

(1) MORE SIGNIFICANT. This factor is of greater value than other factors. It is approximately twice as much as the next valued factor.

(2) LESS SIGNIFICANT. This factor is approximately one-half (1/2) the value of the factor rated ahead of it.

(3) COMPARATIVELY EQUAL. The value is nearly the same as another factor;

any difference is slight and unimportant.

The factors shall be rated as follows:

Exceptional - BLUE

Contractor’s proposal significantly 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 - GREEN

Contractor’s proposal exceeds 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 rewrites to the original submission may be required. There is a high probability of success with a low to moderate risk to the Government.

Satisfactory - YELLOW

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.

00130-2 ED 08-024

Marginal - ORANGE

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 - RED

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.

1.5 NON-COST FACTORS

Non-cost factors 1 and 2 are listed in no order of importance. Factors 1 and 2 are comparatively equal. Factor 3 is less significant than factors 1 and 2.

1. Past Performance.

Offerors will be evaluated on the quality of similar work performed in the last TEN (10) YEARS using the evidence provided by the offeror and other sources for the prime and all subcontractors. Projects that are similar in scope, complexity and magnitude will provide better proof of the Offeror's capabilities. Government reserves the right to call all references to verify information provided by the Offeror. Past performance information may be obtained from other than the sources identified by the Offeror, to include past performance evaluations in the Construction Contracts Appraisal Support System (CCASS). In addition references indicated on the overall project list may be contacted. The Government may also use any other past performance information, from other sources, outside of the offerors proposal in their evaluation. The offeror should provide information on any problems encountered on the identified contracts and the corrective actions taken. Offerors with no relevant performance history will receive a neutral rating in this factor.

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Submittal: For this factor the Contractor’s proposal shall include a narrative that describes the Contractor’s past performance in construction that demonstrate experience in work similar to scope and magnitude. The narrative must include as a minimum the following:

1. Past performance history that demonstrates the ability to execute a project of the scope, magnitude, and complexity of this contract. Offerors should include performance history that demonstrates familiarity with the local area and the unique conditions of the soils in the Southeastern Louisiana region, an ability to work adjacent to other Contractors, the ability to construct hurricane protection structures in the area of existing structures, ability to work from floating plant/ work platform (including but not limited to placing rip-rap and driving piles from the floating plant/work platform) and the ability to develop safe and effective traffic control methodologies. The offeror shall include any past performance history constructing Temporary Retaining Structures, Temporary Flood Protection and Temporary Work Platforms.

2. Safety record of past performance history, for the past three (3) years, that includes current experience modifier rate and lost time accidents utilizing OSHA form 300 or equivalent as prescribed by 29 CFR Part 1904.

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

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

5. A listing of the major subcontractors utilized for each contract, especially for complex projects completed in abbreviated timelines.

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

2. Technical Approach and Key Personnel.

Offerors shall include a detailed technical approach to executing the construction portion of this contract. Offeror shall describe the technical approach for construction of this project and discuss how to manage labor and other resource constraints to achieve an aggressive schedule.

Offerors shall include a sequence of work, schedule, and list of resources required to build the entire contract. Offerors shall provide measures to make up schedule in the event that they fall behind. The schedule shall be

00130-4 ED 08-024

supported by listing the crew sizes and equipment required for each major component. The schedule shall include the contractor's construction procedure and phasing plan. The average number of hours worked per crew per week shall be furnished. Schedules shall be furnished in primavera or equivalent scheduling software. Innovations that gain schedule are a plus; however, the innovations must be proven on past projects. Offerors shall identify specific areas that will be self performed and areas that will be constructed by subcontractors. Qualifications, and capabilities for key personnel that will be utilized for construction shall be provided. Personnel listed shall include both Prime Contractor personnel and any contemplated major subcontractor personnel. Major 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 intends to use on this project.

Submittal:

1. Offerors shall provide plans and methodology to be used in accomplishing the construction of the flood protection system, and the number of crews capable of working concurrently as well as identifying any operations that will be conducted by night crews or by special means.

The offeror shall provide the type and quantity of major equipment that will be used to construct the flood protection system. In addition to the scheduling data required above, the offerors shall also provide an network analysis identifying the major items of work so that the reasonableness of the construction sequencing and duration can be assessed.

2. Offerors shall include a narrative that provides evidence of past projects and demonstrates the level of major subcontractor support, or ratio of prime to sub forces and equipment utilized in these particular contracts. To avoid duplication of information, past affiliation information required may be included with the Factor 1. - Past Performance submittal.

3. Offerors shall provide the qualifications and experience of key personnel, project managers, superintendents, safety and quality control officers, and staff identified for participation on projects under this contract.

4. Offerors shall include resumes that include each individual’s years of experience in position; experience in projects of similar scope, magnitude, complexity, and schedule.

5. Offerors shall provide proposed design concepts for constructing their Temporary Retaining Structures, Temporary Flood Protection and Temporary Work Platforms.

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3. Small Business Participation Plan

The small business participation plan will be evaluated for compliance with FAR part 19 and the goals presented below.

Subcontract Awards % of Dollars Subcontracted by Large Prime Businesses

Small Business (SB) 70.0% Small Disadvantaged Business (SDB) 6.2% Women-Owned Small Business (WOSB) 7.0% HUBZone Small Business 9.8% Veteran-Owned Small Business 3.0% Service-Disabled Veteran-Owned Small Business 0.9%

Evaluation and Rating Guidelines:

All offerors, both small and large businesses, are required to submit Small Business Participation Plan information in accordance with DFARS 215.304 that shall include the following:

(a) Type of Business of Prime Contractor: Check all applicable boxes

{ } Large { } Small (also check type of Small Business below)

{ } Small Non-Disadvantaged Business { } Small Disadvantaged Business { } Woman-Owned Small Business { } HUB Zone Small Business { } Veteran Owned Small Business { } Service Disabled Veteran Owned Small Business

(b) Total Contract Value: (Include options, etc) $___________

(c) Dollar Value of your participation as a Prime Contractor: $__________

(d) Dollar Value and Percentage of Total Contract Value of Subcontracts

Planned For:

Dollar Percentage of Total

00130-6 ED 08-024

Value Contract Value Large $________ %_________

Total Small $________ %_________

Small Non-Disadvantaged $________ %_________

Small Disadvantaged $________ %_________

Woman-Owned Small $________ %_________

HUB Zone Small $________ %_________

Veteran Owned Small $________ %_________

Service Disabled Veteran $________ %_________ Owned Small

Each participation percentage above shall be accompanied by detailed supporting documentation regarding the individual commitments. Detailed explanations shall also be provided when the percentages fall short of the DOD goals.

NOTE: The sum of the dollar values and percentages of Small Non- Disadvantaged and Small Disadvantaged should equal the entries for Total Small.

However, the sum of all the percentages under Paragraph (d) need not equal 100% since the prime is not included and individual subcontractors may be counted towards more than one category. All percentages should use TOTAL CONTRACT VALUE as a baseline.

(e) List principal supplies/services (be specific) to be subcontracted to:

Name of Company Type of Service/Supply Large:

Small:

Small Non-Disadvantaged:

Small Disadvantaged:

Woman-Owned Small:

HUB Zone Small:

Veteran Owned Small Business:

00130-7 ED 08-024

Service Disabled Veteran Owned Small:

NOTE: For purpose of subcontracting, Historically Black Colleges and Universities/Minority Institutions (HBCUs/MIs) are considered as disadvantaged and should be broken out separately.

(f) Prior Performance Information: Provide any information substantiating the offeror’s track record of utilizing small business on past contracts. For Large Business: include ACO rating and SF 295 Information. For Large and Small businesses:

provide descriptive information for all small business categories. Any information concerning long-term relationships with Small Business subcontractors, such as mentor-protégé relationships, should be provided.

(g) Extent of Commitment: Provide documentation regarding enforceable commitments to utilize any Small Business category, as defined in FAR Part 19, as subcontractors.

Each Large Business offeror shall provide a Small Business Subcontracting Plan that contains all the elements required by FAR 52.219-9. This plan shall be submitted separately from the Small Business Participation Plan information required above, which applies to both large and small businesses.

The Small Business Subcontracting Plan is not a requirement for evaluation in source selection, but rather a requirement for award to a large business and will be incorporated into any resultant contract.

The following criteria shall be used to evaluate the Small Business Participation Plan:

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EVALUATION CRITERIA

Color Rating

Extent of Achievement of RFP Small

Business Participation Objectives

Extent to which SBP Goal Rationale Supports

Achievement of Successful

Overall Contract Performance

Extent to which Corporate/Division SB Participation

Goals Satisfy RFP Objectives

Realism of Proposed

SB

Participation

Goals Based on

Proposal & Performance

Risk

Strengths and Weaknesses

Exceptional

BLUE

Proposed Goals Achieve or

Nearly Achieve Almost all RFP

Objectives

Extensive & Compelling

Rationale for All Proposed Goals

Goals Achieve or Nearly Achieve Almost all RFP

Objectives

Highly Realistic

Strengths Far Outweigh

Very Good

GREEN

Proposed Goals Achieve or

Nearly Achieve Most RFP

Objectives, with Meaningful

Goals Against Remaining Objectives

Substantive Rationale for

Almost All Proposed Goals

Goals Achieve or Nearly Achieve Most RFP Objectives, with

Meaningful Goals Against Remaining

Objectives

Realistic

Strengths

Satisfactory

YELLOW

Meaningful Goals Proposed Against Almost all RFP Objectives

Reasonable Rationale for the

Majority of Proposed Goals

Meaningful Goals Against Almost all RFP Objectives

Somewhat Realistic

Strengths and

Are Offsetting

Marginal

ORANGE

Meaningful Goals Proposed

Against Only Several RFP Objectives

Limited Rationale for the Majority of Proposed Goals

Meaningful Goals Against Only Several

RFP Objectives

May not be Realistic

Weaknesses

Strengths

Unsatisfactory

RED

Failed to Propose

Meaningful Goals Against Almost All RFP

Objectives

Little or No Meaningful Rationale

Provided for Proposed Goals

Goals Fail to Satisfy Almost all RFP

Objectives Not Realistic

Weaknesses Far Outweigh

Strengths

1.6 COST FACTOR

The price submitted in response to this solicitation will not be scored but will be subjectively evaluated for reasonableness by the Price Evaluation Board. In the event, during the course of the analysis, the team has reason to question the reasonableness of a price proposal, or has reason to believe there is unbalancing in price proposal, the team may conduct such additional reasonable analysis as it requires in order to complete a thorough price analysis. Because the evaluation of the price proposal will represent a portion of the total evaluation, it is possible that an offeror might not be selected because of an unbalanced, unreasonable, or unrealistic price proposal.

00130-9 ED 08-024

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Evaluation and Rating Guidelines: The Price/Cost Proposal Schedule and supporting documentation submitted in response to this solicitation will be subjectively evaluated for realism and reasonableness by the Price Evaluation Board.

1.7 RFP SUBMITTALS

Proposals shall be submitted in two (2) volumes, a Cost Volume and a Technical Volume. Each offeror is required to submit his original proposal and 10 copies of both the Cost and Technical Volumes. Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the Offeror's technical approach and past performance to successfully complete the project. All proposals shall be tabbed for each of the evaluation factors. Your response to this solicitation is limited to fifty (50) pages for the Technical Volume. This page limitation does not include the title sheets indices, tables of content, CCASS and CPARS, and other agency evaluation forms, resumes of key personnel, supporting schedule, Subcontracting Plan or the Cost Volume. Font size shall be no smaller than 10pt. Drawings or other graphics shall be reduced only to the extent legibility is not lost. A page printed on both sides will be counted as two pages. Pages shall be consecutively numbered.

The Cost Volume shall include:

SF 1442

Bid Schedule Representations and Certifications Bid Bond

The Technical Volume shall include:

Submittals as stated in Section 00130, paragraph 1.5, for the Non-Cost Factors

SECTION 00600 - REPRESENTATIONS & CERTIFICATIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE

GOVERNMENT OF A TERRORIST COUNTRY (OCT 2006)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA

(AUG 1992

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52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [insert NAICS code].

(2) The small business size standard is -------------- [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph

(c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (c) applies.

(__) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is 18.5.

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(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern.

(4) (Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph

(b) (4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b) (1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUB Zone small business concern listed, on the date of this representation, on the List of Qualified HUB Zone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUB Zone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126;

and

(ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b) (6) (i) of this provision is accurate for the HUB Zone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUB Zone small business concern or concerns that are participating in the joint venture:____________.) Each HUB Zone small business concern participating in the joint venture shall submit a separate signed copy of the HUB Zone representation.

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

W912P8-09-R-0105 00600-2 ED 08-011

"Small business concern," means a concern, including its affiliates that is independently…