B.08 SF 30 W912PL23R0019 AMENDMENT 0001(FINAL).pdf
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- Solicitation number
- W912PL23R0019
About this file
This document provides the solicitation for a Flood Risk Management (FRM) Maintenance Services Contract. The U.S. Army Corps of Engineers, Los Angeles District is seeking proposals for an Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract is set aside for 8(a) small businesses and will have a maximum period of performance of five years. Offerors must submit separate technical and price proposals by the date specified. The technical proposal is limited to 20 pages and will be evaluated on the offeror's technical approach and past performance. The price proposal must include binding loaded labor rates and markup caps for the five-year period. Offerors must also provide pricing for an initial task order involving FRM work at the Santa Ana River Marsh. The solicitation includes instructions on submitting proposals electronically through DoD SAFE and details the requirements for each proposal section.
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
Indefinite Delivery Indefinite Quantity (IDIQ) Single Aw ard Task Order Contract (SATOC) for a Flood Risk Management (FRM) Maintenance Services Contract
The purpose of this amendment is to (1) replace Section L of the Solicitation w ith the attached revised Section L (Attachment 1) provide notice Proposals w ill be submitted through DoD Safe in lieu of PIEE, and (2) incorporate Appendices A through H into the Solicitation documents. All other terms and conditions of the original solicitation remain unchanged.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 2
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 23-Aug-2023
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912PL23R0019
X 9B. DATED (SEE ITEM 11)
22-Aug-2023
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
23-Aug-2023
CODE
USACE, LOS ANGELES DISTRICT
915 WILSHIRE BLVD, SUITE 1109
LOS ANGELES CA 90017
W912PL 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
W912PL23R0019
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The below Table of Contents has been added
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 SECTION L
(AMENDMENT 0001)
27 22-AUG-2023
(End of Summary of Changes)
AMENDMENT 0001
INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) W912PL23R0019
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
SECTION L
SECTION L
Instructions, Conditions, and Notices to Offerors or Respondents
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.237-1 Site Visit APR 1984
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a FIRM-FIXED-PRICE contract resulting from this solicitation.
(End of provision)
1. FAR 5.215-1 INSTRUCTIONS TO OFFERORS- COMPETITIVE ACQUISITION (NOV
2021)
(a) Definitions. As used in this provision-
Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.
In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
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SECTION L
(c) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show–
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)
(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
(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.
https://www.acquisition.gov/far/52.215-5#FAR_52_215_5 https://www.acquisition.gov/far/52.215-5#FAR_52_215_5 https://www.acquisition.gov/far/52.225-17#FAR_52_225_17 https://www.acquisition.gov/far/52.225-17#FAR_52_225_17
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-
(1) Mark the title page with the following legend:
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets
[insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government’s interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).
Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if https://www.acquisition.gov/far/15.306#FAR_15_306
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
the Contracting Officer later determines them to be necessary. If the Contracting
Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting
Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the
Government shall disclose the following information, if applicable:
(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
(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.
2. PROPOSAL SUBMISSION REQUIREMENTS:
2.1. SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC
PROPOSAL:
The Offeror’s Proposal shall be submitted electronically, as described below. The
Proposal will provide the Government address and receipt date for proposal submittal.
The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.
NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER
TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND
CARRIED, ETC.) WILL BE ACCEPTED.
The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link:
https://safe.apps.mil/ Please send proposals using the link above to Contract Specialist
Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil and Contracting Officer
Christina M. Chavez at Christina.Chavez@usace.army.mil
2.2. INSTRUCTIONS FOR SUBMITTING ELECTRONICS:
In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.
REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Dominic
Pebenito at Dominic.M.Pebenito@usace.army.mil or Christina M Chavez at
Christina.Chavez@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the
SAFE site. Offerors who fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission.
FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The
“File Description” will be included in the email notice to each of the recipients you choose to have access your file(s).
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.
2.3. INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:
Once at the DOD SAFE website select the “Drop-off” icon. This allows users without a
CAC or users whose computer is not configured to read a CAC the option to access the
SAFE site as a guest.
After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.
When completing your file information for transmittal via the DOD SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.
The Contract Specialist for this solicitation Contract Specialist Contract Specialist
Dominic Pebenito: Dominic.M.Pebenito@usace.army.mil and Contracting Officer
Christina M. Chavez: Christina.Chavez@usace.army.mil .
The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the
Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.
NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your proposal/bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.
NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.
2.4. RECEIPT OF SUBMISSIONS:
For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the
SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last mailto:Dominic.M.Pebenito@usace.army.mil
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.
The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.
2.5. FORMAT AND CONTENTS OF ELECTRONIC PROPOSAL:
The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS
(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE
ACCEPTED. SUBMIT YOUR PROPOSAL ELECTRONICALLY AS INSTRUCTED
IN THIS SECTION, REFERENCE SPECIAL INSTRUCTIONS PERTAINING TO
SUBMISSION OF ELECTRONIC PROPOSALS.
The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link: https://safe.apps.mil/.
Please send proposals using the link above to Contract Specialist Dominic Pebenito at
Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez at
Christina.Chavez@usace.army.mil
All proposals shall be submitted electronically through the Solicitation Module of the
Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil/. Proposals submitted by mail or hand-carried will not be evaluated. Submission shall be in PDF Format.
Proposals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD
SAFE will not be retrieved. It is the responsibility of the Offeror to confirm receipt of proposals. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR). For instructions on how to post an offer, please refer to the Posting Offer demo: https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. Any technical issues should be address through the Solicitation Modules help desk.
“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the
Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offeror—Competitive Acquisition”, paragraph (3), “Restriction on disclosure and use of data”.
The Corps of Engineers (COE) recognizes that submittals by the Offeror may contain confidential or proprietary information; however, the Government reserves the right to make
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
inquiries into the information disclosed. The submission of false or misleading information may be grounds for disqualification of the proposal.
For instructions on how to post an offer, please refer to the Posting Offer demo:
https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.
Additional information is available via Web Based Training for the Solicitation Module at:
https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml
3. SUBMISSION DEADLINE
Proposals shall be received No Later Than the date and time specified in Box 9 of the
Standard Form 33 (Page 1). Proposals shall only be submitted electronically through DoD
SAFE at https://safe.apps.mil/ PIEE.
NO OTHER TRANSMISSION METHOD (EMAIL, FACSIMILE, REGULAR MAIL,
HAND CARRIED, ETC.) WILL BE ACCEPTED.
4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS
Copies of the solicitation and amendments are available on SAM.GOV website. Paper copies of the solicitation will not be issued. Telephone and Fax requests for this solicitation will not be honored. It will be the offerors’ responsibility to check the websites for any amendments.
The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.
To download the solicitation for this project, contractors are required to register at
SAM.GOV website https://sam.gov/content/home
5. WHO MAY SUBMIT A PROPOSAL:
This Single Award Task Order Contract (SATOC) is an 8(a) Small Business Set-Aside.
The size standard for this solicitation is as shown in Section 00 45 00 Representations and
Certifications
6. JOINT VENTURE PROPOSAL REQUIREMENTS:
When proposing as a joint venture, all members of the joint venture shall sign the SF 33 to bind member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.
7. OFFEROR QUESTIONS AND INQUIRIES:
Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or https://safe.apps.mil/ https://sam.gov/content/home
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instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.
i. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in
ProjNet at https://www.projnet.org/projnet/
A. To submit and review bid inquiry items, offerors will need to be a current registered user, self- register into the ProjNet system.
To access the Bid Inquiry system, go to the ProjNet web page and fill in:
- Managing Agency – USACE
- Email address
- Key Access (this is the Bidder Inquiry Key – see below for key)
- Click on “Sign In”
- You will be prompted for the answer to your secret question on the next screen
If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).
B. From this page, you may view all bidder inquiries or add an inquiry. Please note:
Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.
C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
The Solicitation Number is: W912PL23R0019
The Bidder Inquiry Key is: ZU9S3S-8CBIT5
ii. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.
iii. Offerors are requested to review the specifications in its entirety, review the Bidder
Inquiry System for answers to questions prior to submission of a new inquiry.
iv. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time
Zone (Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.
v. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto. Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting
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provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.
Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.
(End of Provision)
8. FAR 52.237-1 SITE VISIT (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of provision)
9. SITE VISIT INFORMATION
A site visit is currently scheduled for August 29th, 2023
For instructions and additional information on attendance of the site visit please contact:
Trevor Snyder at trevor.r.snyder@usace.army.mil, or 626-833-1083.
10. PROPOSAL PREPARATION INSTRUCTIONS:
Offerors or Respondents must follow the proposal preparation instructions provided in this
Request for Proposal (RFP) when preparing their proposals or responses for submission.
11. ACCURACY IN PROPOSALS:
Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C.
1001.
12. LATE SUBMISSIONS:
Proposals or responses received after the deadline stated in the RFP will not be considered, unless the Contracting Officer determines that the late submission is acceptable due to circumstances beyond the control of the Offeror or Respondent.
13. WITHDRAWAL OF PROPOSALS:
An offeror may withdraw their proposal or response at any time before the deadline for submission. Proposals may be withdrawn in writing by the Offeror.
mailto:trevor.r.snyder@usace.army.mil
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FLOOD RISK MANAGEMENT (FRM)
14. SPECIFIC INSTRUCTIONS ORGANIZATION/DISTRIBUTION/NUMBER OF
COPIES/PAGE LIMITS:
This Request for Proposal (RFP) does not commit the Government to any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. Note specifically that the offeror will not be participating in a sealed bid procurement process under this acquisition method.
Issuance of this Request for Proposal does not constitute an award commitment on the part of the Government.
Each offeror shall submit the technical and pricing information in two (2) separate volumes:
Volume I – Price Information and Representations, Certifications, and Other Statements of Offerors
Volume II – Technical Proposal and Past Performance Information
The Offeror shall prepare the proposal as set forth in the Specific Instructions below. The titles and contents of the volumes shall be as defined and be within the required page limits.
15. SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL (VOLUME I):
a. NUMBER OF SETS OF THE PRICE PROPOSAL
Submit one (1) original only.
b. FORMAT AND CONTENTS OF THE VOLUME I/LIST OF TABS
There is no page limitation for the Price Proposal.
Pages 8 ½ x 11 format, minimum 10 point font, Times New Roman.
The Price Proposal shall be appropriately labeled as such and shall be organized as indicated in the following table:
TAB CONTENTS OF VOLUME I
Tab #1 PROPOSAL COVER SHEET (Point of Contact authorized to negotiate, SAM UEI, CAGE CODE)
Tab #2 SF 33 Solicitation, Offer and Award and completion of Certificate of
Corporate Principal (Section A)
Tab #3 Supplies or Services & Prices/Costs (Burdened Labor Rates and Binding
Markup Caps Schedule) (Section B)
Tab #4 Firm Fixed Price Proposal for the First Task Order
Tab #5 Completed Representations, Certifications and
Other Statements of Offerors (Section K)
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Tab #6 Copy of 8(a) Certification from your SBA Office (subject to verification) and/or Joint Venture Agreements/Contractor Team Arrangements
c. TAB 1 – PROPOSAL COVER SHEET
Use The Template provided in Item 24 Of Section L
d. TAB 2 – SF 33, CERTIFICATE OF CORPORATE PRINCIPAL
Standard Form (SF) 33, Solicitation, Offer, and Award, will not be evaluated, but must be completed in order to become eligible for award. The SF33 shall be filled out completely by the offeror and signed by an official that is authorized to bind the company. The offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30, if applicable.
e. TAB 3 – LOADED LABOR RATES (SECTION B)
i. Offerors shall complete the Binding Loaded Labor Rate Schedule (refer to Section
B, Paragraph 5.1) in its entirety. Offerors shall propose the hourly burdened rates and for each contract term for all of the labor disciplines. Failure to complete the
Binding Labor Rate Schedule in its entirety may result in an offeror being excluded from consideration for award.
ii. The hourly burdened labor rates proposed by the Offerors shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit. Offerors shall provide an example of how the mark-ups are applied to the burdened labor rates.
iii. Offerors shall show only one rate per labor discipline, including those provided by subcontractors. Offerors may not have all personnel on staff; therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. All subcontracted personnel shall be identified on the tables following “(SUB)” after the title of this discipline title. For example, “Geophysicist (SUB)”.
iv. The proposed hourly burdened labor rates will be legally binding and will be the maximum rates that the Offeror (if selected for award) shall use for all firm-fixed-price task orders issued within the five (5) year period of performance of the contract.
v. Government reserves the right to request information other than certified cost or pricing data from the offerors in order to assess the reasonableness of the proposed labor rates.
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vi. Failure to provide the requested information may result in an offeror being excluded from consideration for award.
vii. Offerors shall complete the Binding Markup Caps Schedule (refer to Section B, Paragraph 5.2) in its entirety. Failure to complete the Binding Labor Rate Schedule in its entirety may result in an offeror being excluded from consideration for award.
viii. The markup caps cost pools shall be in accordance with an offeror’s most recent audited rates, if available. If an offeror has had an audit within the last year, the offeror is instructed to provide a copy of the audit, to include if available, any other rate information received from the Administrative Contracting Officer of the cognizant audit agency. Offerors will not be required to provide the breakdown of each of their cost pools. If an offeror does not have a recent audit, the offeror shall provide detailed information showing cost accounts included in each of their cost pools in order to explain the rate pools.
f. TAB 4 - FIRM FIXED PRICE PROPOSAL FOR THE FIRST TASK ORDER
i. The Offeror shall submit a detailed price estimate for implementing the PWS for the first task order. The proposal shall include burdened labor rates, number of hours, mix of labor categories, equipment and material costs, subcontractor costs (if appropriate), and profit to complete all of the tasks described in the first task order’s scope of work/PWS.
ii. Offerors shall use the proposed hourly burdened labor rates in Section B, paragraph
5.1for the labor disciplines in pricing the sample task project. For the purposes of the first task order, Offerors shall not discount their proposed binding rates.
Offerors that do not utilize the binding rates proposed in Section B, paragraph 5.2 to calculate the price for the first task order may not be considered for award.
iii. Offerors shall provide the following information (other than certified cost or pricing data) to substantiate the basis for the proposed lump sum price. Failure to provide the requested information may result in the Offeror being excluded from consideration for award.
1. Direct Labor. Provide a breakdown of labor hours, rates, and cost by task, and furnish bases for estimates.
2. Indirect Costs (other than Profit). Offerors shall indicate how they have computed and applied their indirect costs, including cost breakdowns. Show budgetary data to provide a basis for evaluating the reasonableness of proposed rates. Indicate the rates used and provide an appropriate explanation.
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3. Other Direct Costs. Offerors shall list all other costs not otherwise included in the categories described above, such as travel, subcontractor services, supplies, materials, and equipment, including the basis for pricing.
4. Profit: Profit shall be appropriate for the First task order. The Profit calculation used for the First task order is not binding for future task order requirements.
Profit will be calculated separately for all Task Orders, Equitable Adjustments, and Modifications, issued under this contract.
5. Assumptions: Offerors shall list all cost assumptions in bullet format. Any assumptions that conflict with guidance provided in the solicitation documents will not be considered to be valid. Solicitation documents include, but not limited to, the drawings and specification, the Statement of Work
(SOW)/PWS, contract clauses, responses to requests for information (RFI), and any other document(s), attachment(s), and exhibit(s) provided by the
Government for the requirement. The Government requires all assumptions that state that the proposal follows the guidance of contractual documents, including RFI responses, be removed from the price proposal. The
Government recognizes that some assumptions or statements of understanding may be required.
g. TAB 5 - COMPLETED REPS AND CERTS (SECTION K)
The representations and certifications in Section K will not be evaluated; however, must be completed in order to be eligible for award. Annual Representations and
Certifications will be obtained through the Government On-line Representation and
Certification Application (ORCA) site for contractors that have worked with the
Government and are registered in SAM (System for Award Management). All contractors that do not have previous Government experience or are not registered in
SAM must submit the information in accordance with FAR 52.204-8 Annual
Representations and Certifications.
h. TAB 6 - COPY OF 8(A) CERTIFICATIONS FROM YOUR SBA OFFICE
AND/OR JOINT VENTURE AGREEMENTS/CONTRACTOR TEAM
ARRANGEMENTS
Offeror shall submit 8(a) certifications, Joint Venture Agreements, or Contractor Team
Arrangements.
16. SPECIFIC INSTRUCTIONS FOR THE NON-PRICE PROPOSAL (VOLUME II):
This information will be evaluated as part of this competitive negotiation procurement process. Offeror(s) shall submit the following as their technical proposal:
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FLOOD RISK MANAGEMENT (FRM)
a. NUMBER OF SETS OF THE NON-PRICE PROPOSAL
Submit one (1) original only.
b. FORMAT AND CONTENTS
The Non-Price Proposals shall be submitted in accordance with the requirements of Section L and Section M. The Proposals shall be separated with section tabs, and the tabs shall clearly identify the contents of each section. Submission shall be in PDF Format. The Maximum number of pages for the Non-Price Proposal is
Twenty (20) Pages single-sided, Ten (10) Pages double sided. Past Performance
Information Sheet will be included within the page limitation. The following is not included in the above page count: Past Performance Questionnaires (PPQ) and CPARS, letters of appreciation or similar correspondence, title sheets, indices, and tables of contents. Each page shall be sequentially numbered for that section.
The technical proposal will be appropriately labeled as such and organized using the tabs specified in the chart below. The tabs directly correlate to the evaluation factors identified. If supplemental information relative to these evaluation factors is included in another part of the technical proposal, its location must also be identified.
TAB CONTENTS OF NON-PRICE PROPOSAL (VOLUME II)
Tab #1 Factor 1 Technical Approach to First Task Order
Tab #2 Factor 2 Past Performance (Similar Experience in Past Jobs)
c. TAB 1 – FACTOR 1 TECHNICAL APPROACH TO FIRST TASK ORDER
The Government will review the Offeror’s Capability & Work Capacity, Contractor Control Work Plan, Quality Control Plan, Safety Plan, Biological
Capability, and Minimum Required Certifications for the First Task Order
Factor 1 Technical Approach to First Task Order will be evaluated and rated either
Acceptable or Unacceptable as defined in Section M. The first task order is the Flood
Risk Management (FRM) - Seed Project - Santa Ana River Marsh (SARM). The offeror shall detail its proposed technical approach for completing all tasks required by the PWS in accordance with Section L.
d. TAB 2 – FACTOR 2 PAST PERFORMANCE (SIMILAR EXPERIENCE IN
PAST JOBS)
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
The Government will review the Offeror’s Past Performance (Similar
Experience in Past Jobs) on recent and relevant projects.
Factor 2 Past Performance (Similar Experience in Past Jobs) will be evaluated and rated as either Acceptable or Unacceptable as defined in Section M. The offer shall submit its past performance information with Section L.
i. Identify no less than three (3), including Federal, State, local government and private/commercial for recent and relevant efforts similar to the Government requirement in scope, size, and complexity which are either currently ongoing or which were completed within the past three (3) years from the RFP release date.
Offeror(s) are encouraged to provide information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this solicitation. Important Note: See paragraph 6. below regarding required consent for release of subcontractor past performance information.
ii. Past Performance Information of a Prospective Subcontractor. The Government will evaluate subcontractors’ past performance and inquire on any related adverse past performance information submitted. In some acquisitions, an offeror’s prospective subcontractor may be the offeror’s competitor on other acquisitions.
In such cases, the prospective subcontractor may be hesitant to have any adverse information related to its past performance released to the offeror. You should tailor your acquisition accordingly and advise offerors in the RFP how you will handle disclosure of such information.
The prime Contractor will submit a capabilities statement to include the sub-
Contractors contact information, NAICS codes, physical location, points of contact, responsibility party background and education. The Contractor will either provide CPARS reports on government projects the sub-contractor has performed services for or at least 3 references from the sub-contractor in regard to performing similar work experiences. This will include POC with E-mail and phone numbers and a description of the project completed to include the dollar value for each project and number of personnel required to complete the project.
iii. Furnish a Past Performance Information Sheet for each referenced contract as an attachment to the past performance information submitted for each referenced project in Tab 2. If an official written performance evaluation/assessment was not received, so indicate. A Past Performance Questionnaire (PPQ) must be sent to the reference if a written performance evaluation/rating is not included in the proposal as an attachment to the performance assessment report. The Offeror(s) is also encouraged to submit any letters of appreciation or similar correspondence that the Offeror received from the Owner/Customer at the time of contract performance/completion. However, the offeror(s) is neither required nor requested
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FLOOD RISK MANAGEMENT (FRM)
to have the Owner/Customer write such a letter for the purpose of this solicitation.
Format for the Past Performance Information Sheet has been provided at the end of this Section titled: Format for Offeror’s Submission of Recent/Relevant Project
Information. CPARS are acceptable forms in lieu of PPQ.
iv. Provide Past Performance Questionnaire and Cover Letter to previous clients.
Formats for past performance questionnaire and cover letter have been provided at the end of this Section titled: Past Performance Reference Check and Sample
Cover Letter. Please have clients return the forms directly to the Contracting
Division via email at Dominic.M.Pebenito@usace.army.mil
v. “Confidential” projects cannot be submitted unless all the information required for evaluation purposes as specified herein can nonetheless be provided to the
Government as part of the Offeror(s) non price proposal. Offeror(s) that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offeror(s)—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.
vi. Release of Subcontractor Past Performance Information. Past performance information pertaining to a proposed subcontractor cannot be disclosed to the offeror(s) by the Government without the proposed subcontractor’s consent.
Therefore, if subcontractor past performance information is being utilized by the
Offeror(s), the Offeror(s) must also submit as part of its technical proposal the subcontractor’s consent to release of its past performance information by the
Government to the Offeror(s). If there is a problem with the proposed subcontractor’s past performance, the prospective prime contractor can be notified, but no details can be discussed without the proposed subcontractor’s permission.
vii. Instructions regarding Offeror’s responses to the evaluation factors are detailed in
Section M, entitled “Evaluation Factors for Award”.
17. NOTIFICATION OF AWARD:
Offerors will be notified of the Award status after the proposal evaluation process has been completed.
18. PROPOSAL COVER SHEET:
FORMAT FOR THE PROPOSAL COVER SHEET: The proposal cover sheet is required by FAR 52.215-1(c)(i)-(v). This provision, titled “Instructions to Offerors—
Competitive Acquisition,” has been provided in full text in Section I.
SINGLE AWARD TASK ORDER CONTRACT
FLOOD RISK MANAGEMENT (FRM)
The format is as follows:
PROPOSAL COVER SHEET
1. Solicitation Number: W912PL23R0019
2. The name, address, and telephone and facsimile numbers of the Proposer and electronic address (if available):
3. 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.
4. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Proposer’s behalf with the
Government in connection with this solicitation:
5. 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.
SINGLE AWARD TASK ORDER CONTRACT
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19. PAST PERFORMANCE INFORMATION SHEET
FOR EACH PROJECT PROVIDE THE FOLLOWING INFORMATION:
Project Title:
Location:
Contract Number:
Procuring Office/Agency:
Contract Type (Firm-fixed price, Cost Reimbursement, other):
Procurement point of contact and telephone number:
Rating given by Owner, if any:
General Description of Project and Relevancy of work to this project:
Indicate type of project (private sector, Government, planned unit development, etc.): List date of contract completion, or percent completion…
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