W912PL23R0029_SOLICITATION.pdf

U.S. ARMY CORPS OF ENGINEERS

SACRAMENTO DISTRICT

RFP No. W912PL23R0029

Replace Fire Suppression, B12 at Tucson Air National Guard Base, Tucson, AZ

Tucson, Arizona

P2 NO. 469387

SPECIFICATION NO.2439

DESIGN FILE NO. 232-25-0539

July 2023 Solicitation

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by the offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

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

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid 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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)De

W912PL23R0029

X

25-JuLY-2023 1 OF 2

W912PL

USACE, Los Angeles District Contracting Division, East Region Branch C/O RubyAnn Prout 915 Wilshire Blvd, Suite 930 Los Angeles, CA 90017

SAME AS BLOCK #7

Nardos Taeme 213.452.4295

The U.S. Army Corps of Engineers Los Angeles District is soliciting for award of a design and construction contract for the Replace Fire Suppression, B12 at Tucson Air National Guard Base, Tucson, AZ in accordance with the criteria contained herein and using industry standard materials and efficient practices.

THIS PROJECT IS A SMALL BUSINESS SET ASIDE. This will be a Competitive Request for Proposal (RFP), the Lowest Price Technically Acceptable (LPTA) source selection process (SEE FAR 15.101-2) resulting in a firm fixed-price contract. Under this process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

The estimated magnitude range for this project is between $5,000,000 and 10,000,000.00.

The North American Industry Classification Code (NAICS) for this procurement is 238990, All Other Specialty Trade Contractors, with a size standard of $19,000,000.00.

ALL OFFERORS/BIDDERS ARE ALSO ADVISED THAT THIS PROCUREMENT MAY BE DELAYED, CANCELLED OR REVISED AT ANY TIME DURING THE SOLICITATION, EVALUATION NEGOTIATION, AND/OR FINAL AWARD PROCESS.

10 480

X X *Section 00 73 00

X 10

0 02:00pm

August 24 2023

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (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 or greater than the minimum requirement stated in 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. ACKNOWLEDGEMENT 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 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the 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 consummates 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 31C. AWARD DATE

BY

UEI NO.: TAX ID NO.:

CAGE CODE NO.:

SEE PRICING SCHEDULE

Department of the Army Los Angeles District, Corps of Engineers Tucson Resident Office 5205 East Comanche Street Building 1605 Tucson, Arizona 85707

USACE, Finance Center

ATTN: CEFCO-AO-D

5722 Integrity Drive Millington, TN 38054-5005

Replace Fire Suppression, B12

W912PL23R0029

00 01 05 00 10 00 00 20 00 00 21 16 00 22 00 00 22 16 00 45 00 00 72 00 00 73 00 00 73 46

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

WAGE DETERMINATION (RATES)

CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

CERTIFICATION PAGE

SF-1442

INSTRUCTIONS FOR PROCUREMENT

INSTRUCTIONS TO PROPOSERS

SUPPLEMENTARY INSTRUCTIONS

SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

REPRESENTATIONS AND CERTIFICATIONS

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

July 2023

TABLE OF CONTENTS PAGE 1

Solicitation

Tucson, AZ W912PL23R0029

00 01 05 - 1

Section 00 01 05 - Certification Page

SECTION 00 01 05

CERTIFICATION PAGE

CERTIFICATE OF OFFEROR'S PRINCIPAL

(1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL NAME

OF ALLPARTNERS/ JOINT VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

(2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION

SHOULD BECOMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named who signed the SF as principal in the within SF 1442; that 1442 at Block 208 on behalf of the principal, was the of the corporation; that I know the individual's signature and that his/her signature is genuine; and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

(3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST FULL NAME OF

00 01 05 - 2

SECTION 00 01 05 Page 2

ALL MANAGERS BELOW (Add addendum as necessary). SIGNATURES BY ALL

MANAGERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN

BLOCK 20B OF THE SF 1442 HAS THE AUTHORITY TO BIND THE LIMITED

LIABILITY COMPANY/PARTNERSHIP.

(Officer's Name)

(Officer's Name)

(Signature) (Title)

(Signature) (Title)

00 01 05 - 3

SECTION 00 01 05 Page 3

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

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

INDIVIDUAL DOING BUSINESS AS (INSERT NAME OF

FIRM).

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

TO BIND THE PRINCIPAL

W912PL23R0029

SECTION 00 10 00 - 1

SECTION 00 10 00 - PRICING SCHEDULE

THE CONTRACTOR SHALL COMPLETE THE ENTIRE WORK READY FOR USE NOT LATER THAN 360

CALENDAR DAYS AFTER THE CONTRACTOR RECEIVES THE NOTICE TO PROCEED.

CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY TO

PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN

THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

See Division 1- Section 01 00 10 for entire Scope of Work

Item Unit

No. Description Quantity Unit Price Amount

BASE BID

0001 Replacement of fire

Suppression system, Building 12, Complete

1 JA *** $

TOTAL AMOUNT – BASE BID $

UNIT ABBREVIATIONS: JA = JOB

SECTION 00 10 00 - 2

SECTION 00 10 00 - PRICING SCHEDULE

Offeror Notes:

1. POST-AWARD CONFERENCE: The contractor agrees to attend any post-award conference(s) convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation

Subpart 42.503.

2. Prices must be submitted on all individual line items of the Price Schedule;

otherwise, the Offer may be considered non-compliant and may be rejected.

3. The job “JA” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

4. Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper

Notice of Assignment.

5. The Contracting Officer who signs the task order will be the Principal

Contracting Officer for the task order. However, any Contracting Officer assigned to the Los Angeles District, contracting within their authority, may take formal action on the task order when the Principal Contracting

Officer is unavailable and the action needs to be taken.

6. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

7. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractor’s attention is directed to Contract Clause 52.232-

33 “Mandatory Information for Electronic Funds Transfer.”

8. The Offeror shall distribute indirect costs (overhead, profit, etc.,) over all items in the Price Schedule. The Government will review all submitted

Price Schedules for any unbalancing of the items. Any submitted Price

Schedule determined to be unbalanced may be considered unacceptable and may cause the Offeror to be ineligible for award.

9. The Offeror shall furnish all plant, labor, material (excluding any

Government furnished material that is detailed within this RFP), equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in this solicitation, to include all attachments thereto.

10. PLEASE NOTE: Submit solicitation inquiries in accordance with the instructions found in Section 00100, 52.0000-4010 entitled “Inquiries”.

Inquires MUST be received no later than 5 business days prior to proposal due date.

11. The successful offeror grants the options listed in the Price Schedule to the Government. This option may be exercised any time up to 120 calendar

SECTION 00 10 00 - 3

days after NOTICE OF AWARD. No additional time for contract completion will be allowed when an option item is exercised. The given contract completion time was formulated to include time necessary to perform all option work.

The time stated for completion shall include final clean-up of the premise.

Refer to Section 00800, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

(End of Clause)

Replace Fire Suppression, B12, Tucson, AZ W912PL23R0029

00 20 00 – Page 1 July 2023 Solicitation

Section 00 20 00 Instructions for Procurement

Electronic Proposal - DOD Safe

SECTION 00 20 00

The Offeror’s proposal shall be submitted electronically, as described below. The RFP 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 proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Nardos Taeme at Nardos.Taeme@usace.army.mil AND to Contracting Officer, RubyAnn Prout at rubyann.prout@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFEsite. 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, recommend that you combine or ZIP your files before uploading to the SAFEsite. 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 Nardos Taeme at Nardos.Taeme@usace.army.mil AND to Contracting Officer, RubyAnn Prout at rubyann.prout@usace.army.mil at no earlier than Ten (10) calendar days prior but not 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 SAFEsite. Offerors that 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). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

mailto:rubyann.prout@usace.army.mil

00 20 00 – Page 2 July 2023 Solicitation

1. Once at the 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 SAFEsite as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFEwebsite, 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 is Nardos Taeme, Nardos.Taeme@usace.army.mil, and the Contracting Officer is RubyAnn Prout at Rubyann.Prout@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 Contract Specialist. 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 SAFEsite packages to group email accounts.

Even if you successfully upload your proposal to the SAFEsite, 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 SAFEwebsite 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.

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 SAFEwebsite. For proposals larger than the 2GB capacity of the SAFEwebsite and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFEwebsite. 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 to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

mailto:Rubyann.Prout@usace.army.mil

Replace Fire Suppression, B12 W912PL23R0029

00 20 00 - 1

Section 00 20 00 Instructions for Procurement

NOTES FOR SOLICITATION, CONTRACT LINE-ITEM NUMBER (CLIN) SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Solicitation, Contract Line-Item Number (CLIN) Schedule as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to bid items, all bidders should state their revised prices for each item. The company name should be indicated on the face of the CLIN Schedule to preclude being misplaced.

NOTE NO. 2. Prices must be submitted on all individual items of the Solicitation, Contract Line-Item Number (CLIN) Schedule. Failure to do so may cause the bid to be determined “non-responsive.”

NOTE NO. 3. The bidder/offeror shall distribute his/her indirect costs (overhead, profit, bond, etc.) over all items in Section 00 10 00, “Solicitation, Contract Line-Item Number (CLIN) Schedule”. The Government will review all submitted Solicitation, Contract Line-Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted “Solicitation, Contract Line-Item Number (CLIN) Schedule” determined to be unbalanced may cause the bid/offer to be determined “unacceptable.”

NOTE NO. 4. If a modification to a bid/offer is submitted and provides for a lump-sum adjustment to the total estimated cost, the application of the lump-sum adjustment to each unit price and/or lump-sum price, in the Solicitation, Contract Line-Item Number (CLIN) Schedule must be stated or, if it is not stated, the bidder/offeror agrees that the lump-sum adjustment shall be applied on a pro-rata basis to every bid item in the Solicitation, Contract Line-Item Number (CLIN) Schedule.

NOTE NO. 5. This procurement is a Request for Proposals. All references throughout the RFP to ‘bidder’ shall be deemed to mean ‘offeror’ or ‘proposer’, and ‘bid’ shall be deemed to mean ‘offer’ or ‘propose’ or ‘proposal’, as appropriate. Award will be made using the best value, tradeoff process in accordance with Federal Acquisition Regulations, FAR, 15.101-1.

NOTE NO. 6. The Offerors’ attention is directed to Section 00 21 16, “Instructions to Proposers” specifically statement entitled “Special Instructions Pertaining to Submission of Electronic Proposals”

NOTE NO. 7. Federal Acquisition Regulations (FAR) Contract Clause No. 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2020-O0008) located in Section 00 70 00 applies to solicitations and contracts for acquisitions conducted using full and open competition.

NOTE NO. 8. The Offerors’ attention is directed to Section 00 21 16, “52.217-5, Evaluation of Options.”

NOTE NO. 9. ADDITIONAL SUBMISSION REQUIREMENTS:

a. Upon the Government’s request, the offeror shall submit a price breakdown of the bid items directly to the Los Angeles District Office. Details on where and how to send the breakdown will be provided by the requesting official making the request on behalf of the Government. The format of the breakdown will be left up to the offeror.

However, as a minimum, the offeror shall provide pricing for the major categories of work under each bid item, for example: site improvements, landscaping, electrical, mechanical, etc. This information will not be needed sooner than three (3) working days after the proposal submission due date.

b. This information may be required for the initial and, if requested, for any revised proposals.

NOTE NO. 10. CHECKLIST FOR THE CLIN SCHEDULE:

a. Is it filled out completely? Y__ NA__

b. It may not be altered either as to quantities or as to items offered. Y__ NA__

Replace Fire Suppression, B12 W912PL23R0029

00 20 00 - 2

c. There can be no language of limitation either as to quantities or as to items offered. Y__ NA__

d. If you corrected your numbers, have you initialed these corrections? Y__ NA__

e. If the CLIN Schedule has been changed by Amendment, is the CLIN Schedule that you are submitting from the most recent amendment? Y__ NA__

f. Do prices for each bid item include all costs, mark-ups, and taxes (if any taxes are imposed)? Y__ NA__

g. Is the cost of obtaining your performance and payment bond included in the total bid price specified on the bid schedule? Y__ NA__

h. In preparing your bid, remember the Corps does not make advanced payments on its contracts Y__ NA__

-- END OF SECTION 00 20 00--

00 21 16 - 1

Section 00 21 16 - Instructions to Proposers

Table of Contents

52.0000-4010 INQUIRIES

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTIY CODE REPORTIING (AUG 2020)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JUL 2021

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITIONS (NOV 2021)

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC PROPOSALS (APR 2020)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (MAY 2014)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)

252.215-7016 NOTIFICATION TO OFFERORS—POSTAWARD DEBRIEFINGS (MAR 2022)

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS.

(JAN 2011)

00 21 16 - 2

Section 00 21 16 - Instructions to Proposers

52.0000-4010 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 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.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and click on the “QUICK ADD” menu in the upper right corner of the screen. You will now be prompted for the following:

- 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 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 the technical team.

D. The Solicitation Number is: W912PL23R0029

The Bidder Inquiry Key is: WP6DKH-KIA7P8

2. The Bidder Inquiry System will be unavailable for new inquiries 5 business days prior to bid/proposal submission in order to ensure adequate time allotted to form an appropriate response and amend the solicitation if necessary.

3. 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.

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

NOTE: 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 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

**All inquiries relating to this solicitation are to be submitted via Email to Nardos.Taeme@usace.army.mil and Rubyann.Prout@usace.army.mil.

NOTE: Responses on the Bidder Inquiries 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 responses that can be interpreted to conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.

mailto:Nardos.Taeme@usace.army.mil

00 21 16 - 3

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is made, in writing and published as an amendment to the solicitation.

(End of Statement)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

http://www.sam.gov/

00 21 16 - 4 July 2023 Solicitation

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-16 COMMERCIAL AND GOVERNMENT ENTIY CODE REPORTIING (AUG 2020)

(a) Definition. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

https://www.sam.gov/

00 21 16 - 5 July 2023 Solicitation

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.

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

(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

(End of Provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JUL 2021)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.nato.int/structur/AC/135/main/links/contacts.htm https://cage.dla.mil/ https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm

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(End of provision)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO C2 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

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52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITIONS (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).

(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.

00 21 16 - 8 July 2023 Solicitation

(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-

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_215_5 https://www.acquisition.gov/far/part-52#FAR_52_225_17

00 21 16 - 9 July 2023 Solicitation

(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 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 https://www.acquisition.gov/far/part-15#FAR_15_306

00 21 16 - 10 July 2023 Solicitation 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.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

SPECIAL…