W912PP18R0019_ISSUE.pdf

SOLICITATION NO. W912PP18R0019

DATE: AUGUST 2018

U.S. ARMY CORPS OF ENGINEERS

ALBUQUERQUE DISTRICT

JOHN MARTIN RESERVOIR, STILLING BASIN

SEDIMENT REMOVAL AND DEWATERING

HASTY

BENT COUNTY, COLORADO

CONSTRUCTION SOLICITATION AND SPECIFICATIONS

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION, PROPOSAL SCHEDULE; OFFER, AND AWARD (SF1442);

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

00 20 00 INSTRUCTIONS FOR PROCUREMENT

00 21 00 INSTRUCTIONS

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 50 00 CONTRACTING FORMS AND SUPPLEMENTS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

DIVISION 1 – GENERAL REQUIREMENTS

01 00 00 GENERAL REQUIREMENTS

01 01 00 CONSTRUCTION CLAUSES

01 01 01 SPECIAL CONTRACT REQUIREMENTS

01 02 00 BRAND NAME OR EQUAL

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 22 00.00.10 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 16.00 20 SMALL PROJECT CONSTRUCTION PROGRESS SCHEDULES

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 56 50 DIVERSION AND CARE OF WATER

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 58 00 PROJECT IDENTIFICATION

01 62 35 RECYCLED/RECOVERED MATERIALS

01 72 00 AS-BUILT DRAWINGS

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 03 - CONCRETE

03 01 32 CONCRETE REHABILITATION FOR CIVIL WORKS

DIVISION 31 – EARTHWORK

31 23 00.00 20 EXCAVATION AND FILL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19 SEEDING

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 23 DREDGING

APPENDICES:

APPENDIX A: Drawings

APPENDIX B: John Martin Stilling Basin Sediment Evaluation

John Martin Reservoir, Stilling Basin Sediment Removal and Dew atering, Hasty, Bent County, Colorado

This acquisition is unrestricted, open to both large and small business concerns.

Sealed technical proposal (Volume I), in original, 4 hard copies, and 5 electronic (CD) copies; and sealed price proposal (Volume II) in original copy and 1 electronic (CD) copy, are due at the place and time specif ied in Block 13. See Section 002100 for information pertaining to the Pre-Proposal Conference and Site Visit. For technical questions, see the Instructions to Offerors (Section 002000) pertaining to ProjNet. As this is not a sealed bid, offers w ill not be opened publicly. Offerors are required to sign-in upon entry to the building; therefore, allow suff icient time for turning in your proposal.

This requirement may be delayed, cancelled, or revised at any time during the solicitation process.

MICHELLE L KESSINGER 505-342-3279

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

01-Aug-2018

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________250 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________31 Aug 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

W912PP

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

505-342-3496FAX:TEL: TEL: FAX:

W912PP18R0019 110

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Solicitation No. W912PP18R0019

PROPOSAL SCHEDULE

(To be attached to SF 1442)

Item Unit No. Description Quantity Unit Price Amount

BASE BID

0001 MOBILIZATION /

DEMOBILIZATION, Complete 1 JOB *** $

0002 SITE PREPARATION,

Complete 1 JOB *** $

0003 DEWATERING – STILLING

BASIN, Complete 1 Job *** $

0004 SEDIMENT REMOVAL –

STILLING BASIN, Complete 60,000 C.Y. $_____ $

0005 CONTRACTOR MANPOWER

REPORTING (CMRA), Complete

1 Job ***

0006 BOND PREMIUM AND ALL OTHER

WORK NOT SEPARATELY

LISTED, Complete

1 Job *** $

TOTAL AMOUNT [BASE BID] $

BID OPTION NO. 1

0007 RELOCATE SEDIMENT,

Complete 60,000 C.Y. $_____ $

TOTAL AMOUNT – BID OPTION NO. 1 $

Page 3a of 110

BID OPTION NO. 2

0008 INCIDENTAL CONCRETE

REPAIRS – STILLING BASIN,

Complete

NTE 50 C.Y. $_____ $

TOTAL AMOUNT – BID OPTION NO. 2 $

RECAPITULATION

1. TOTAL AMOUNT - BASE BID $

2. TOTAL AMOUNT - BID OPTION NO. 1 $

3. TOTAL AMOUNT - BID OPTION NO. 2 $

4. TOTAL AMOUNT - BASE BID AND BID OPTIONS NO. 1 & 2 $

PROPOSAL SCHEDULE

NOTES:

1. Refer to Section 01 22 00.00 10 for PRICE AND PAYMENT PROCEDURES.

2. Award of all proposal items will be made to one offeror. Offerors must propose on all items.

3. EXERCISE OF OPTIONS. The Government reserves the right to exercise the option(s) by written notice to the Contractor either singularly or in any combination for up to 250 calendar days after award of the Base Bid without an increase in the Offeror's bid price. Completion of options shall continue at the same schedule as the Base Bid unless otherwise noted in Section 00 73 00 FAR

52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK.

4. EVALUATION OF OPTIONS: (FAR 52.217-5) (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirements. Evaluation of options will not obligate the Government to exercise the options(s).

5. ARITHMETIC DISCREPANCIES:

(a) For the purpose of initial evaluation of offers, the following will be utilized in the resolving arithmetic discrepancies found on the face of proposal schedule as submitted by the offeror:

(1) Obviously misplaced decimal points will be corrected;

Page 3b of 110

PROPOSAL SCHEDULE

NOTES: (Cont’d)

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

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

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

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

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

6. PROGRESS PAYMENT REQUESTS made by the Contractor pursuant to the provisions of Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, shall be submitted on ENG FORM 93 to the administration office as designated in Block 26, Standard Form 1442 Back, Solicitation, Offer and Award. ENG FORM 93 shall be submitted to that office on the 1st of each month in appropriate form and certified. Photocopies of the form shall be furnished on that same date to the Corps of Engineers offices designated at the Pre-Construction Conference.

7. ACCRUALS. In accordance with USACE Engineer Financial Regulation (ER) 37-1- 30, and other applicable Federal and DOD financial accounting standards, the Contractor must assist government personnel with providing reasonably accurate estimates of the value of goods and/or services rendered to the Government pursuant to this contract for each calendar month during which goods and services are delivered. Standard forms and instructions will be provided by the Government to assist with meeting this requirement. These monthly estimates, which facilitate timely entry of accruals, must be received by the Government on or before four (4) business days prior to each calendar month-end.

8. UNIT ABBREVIATIONS

EA. = EACH M. = METER

L.S. = LUMP SUM S.M. = SQUARE METER

L.F. = LINEAR FEET C.M. = CUBIC METER

S.F. = SQUARE FEET S.Y. = SQUARE YARD

C.F. = CUBIC FEET C.Y. = CUBIC YARD

- END OF PROPOSAL SCHEDULE -

W912PP18R0019

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

If the offer is submitted by a corporation, partnership or a Joint Venture, the applicable form listed below must be completed and submitted with the Standard Form 1442. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the corporation named as Offeror/Contractor herein; that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation; that said offer/contract was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________ (CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State “none” or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

JOINT VENTURE

Provide a copy of the Joint-Venture (JV) agreement. The SF 1442, Solicitation, Offer and Award form must be signed by the party with the authority to bind the JV as indicated in the agreement. Each party to the JV agreement shall complete one of the following entries:

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this

______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation A)

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this

______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation B)

Section 00 20 00 - Instructions for Procurement

OFFEROR’S CHECKLIST

Administrative Notice to Offerors. Before signing and submitting this proposal, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your proposal to be rejected:

[ ] Have you acknowledged receipt of ALL solicitation amendments? If in doubt as to the number of amendments issued, please contact Michelle Kessinger, Contract Specialist, at (505) 342-3279.

[ ] Have you completed Section 00 45 00, Representations and Certifications?

[ ] Is your offer in sealed envelopes, price and technical, marked to show the Offeror’s name and address, the solicitation number, and the date and time offers are due?

[ ] If any of the solicitation amendments involved changes to the proposal schedule, did you use the amended schedule for submitting your proposal?

[ ] Is your proposal guarantee in the proper form and amount?

[ ] Will your proposal arrive on time? In order for a late proposal to be considered, it must have been dispatched in accordance with the provisions of FAR 52.215-1, “Instructions to Offerors—Competitive

Acquisition.” Facsimile proposals will not be accepted.

[ ] Have you reviewed your proposal for possible errors in calculations or work left out?

THE FOLLOWING ARE INSTRUCTIONS TO OFFERORS TO SECTION 00 20 00:

USE OF THE WORDS “PROPOSER” AND “OFFEROR”

Whenever the word “Proposer” appears in the RFP it shall be construed to have the same meaning as the word

“Offeror.”

AVAILABILITY OF PLANS AND SPECIFICATIONS

This solicitation will be issued via Internet only. Notification of amendments shall be made via Internet only, as well. It is therefore the contractor’s responsibility to check the following address daily for any posted changes to this solicitation. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FedBizOpps) system. FedBizOpps is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders must register with

FedBizOpps before accessing the system. Registration instructions can be found on the FedBizOpps website at www.fbo.gov by clicking on the “Register Now” hyperlink. Contractors registered with FedBizOpps may view and/or download this solicitation and all amendments from the Internet after solicitation issuance at this site.

BIDDER INQUIRY AND PROPOSAL INFORMATION

a. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add inquiry.

3. Bidders 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.

4. The Solicitation Number is: W912PP18R0019

The Bidder Inquiry Key is: UVRAMD-GXTN7M

b. The Bidder Inquiry System will close 23-August-2018 in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

c. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

d. The 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.

e. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

CONTRACTING OFFICER AUTHORITY

The Contracting Officer who signs this contract will be the primary Contracting Officer for this contract. However, any Contracting Officer assigned to the Albuquerque District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable.

http://www.fbo.gov/ http://www.projnet.org/

NAICS CODE AND SMALL BUSINESS SIZE STANDARD

The North American Industry Classification System (NAICS) code for this acquisition is 237990. The small business size standard is: the average annual receipts of the concern and its affiliates for the preceding three fiscal years must not exceed $36.5 million.

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

ESTIMATED CONSTRUCTION COST (FAR 36.204)

The estimated magnitude of construction for this project is between $3,000,000.00 and $8,000,000.00.

PROJECT DESCRIPTION

The United States Army Corps of Engineers (COE) is soliciting proposals for the John Martin Reservoir, Stilling

Basin Sediment Removal and Dewatering, Hasty, Bent County, Colorado. The Proposal Phase includes that time from announcement of the project through the selection process to the final award of the contract to the successful

Offeror.

The project will be acquired through negotiated acquisition. Offerors are required to submit firm-fixed price proposals. To be considered for selection, Offerors shall submit a Technical Proposal and a Price Proposal as detailed in Section 00 22 16 of the RFP. The U.S. Army Corps of Engineers will evaluate and award the contract to a single Offeror based upon criteria as outlined in Section 002216 of the RFP.

WHO MAY SUBMIT PROPOSALS

Any legally organized Offeror may submit a proposal.

Firms submitting a proposal as a joint venture (JV) must ensure the following requirements are met:

a. Obtain a Tax Identification Number (TIN) for the joint venture.

b. Prepare the Section 00 45 00, Representations and Certifications as a joint venture (e.g., providing the TIN for the JV)

c. Register in the System for Award Management (SAM) formerly Central Contractor Registration

(CCR) as a joint venture in which a unique CAGE Code will be obtained. See FAR Clause

52.204-7, System for Award Management for further information in Section 00 21 00.

d. Provide a copy of the JV agreement in the proposal submission.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

The Offeror must ensure that your company’s data at the System for Award Management (SAM) website, https://www.sam.gov/portal/public/SAM/, is current per FAR 52.204-13, System for Award Management

Registration (July 2013). (This clause is included in Section 00 70 00 of this RFP.)

WHO WILL EVALUATE THE PROPOSALS

The Evaluation Committee will be composed of Corps of Engineers personnel. A list of the members of the committee will not be released and contact with members of the committee is prohibited. Efforts to solicit support from the committee will be considered grounds for disqualification of an Offeror’s proposal.

BONDS (FAR 28.102-2)

a. Bid Bond. Each Offeror shall submit with his offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in FAR 52.228-1. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. The bid bond shall remain in effect until Performance and Payment Bonds are provided and accepted.

b. Performance and Payment Bonds. Within ten (10) calendar days after contract award, and prior to contract performance, the Contractor shall furnish two bonds, a Performance Bond (Standard Form 25) and a Payment https://www.sam.gov/portal/public/SAM/

Bond (Standard Form 25-A), each with good and sufficient surety or sureties acceptable to the Government.

The penal sum of such bonds will be as indicated in FAR 52.228-15.

FEDERAL, STATE AND LOCAL TAXES

The Offeror shall include all applicable federal, state and local taxes in the contract price. See FAR 52.229-3, Federal, State, and Local Taxes in Section 00 70 00 for additional information.

PERFORMANCE OF WORK BY CONTRACTOR (FAR 36.501)

Unless such description has been submitted with the offer, the successful Offeror must furnish the Contracting

Officer within 20 days after award, a description of the work that he intends to perform with his own organization

(e.g., earthwork, paving, brickwork, or roofing), the percentage of the total work this represents, and the estimated cost thereof.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

AND OSHA REQUIREMENTS

The successful contractor to this Request for Proposals will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil. by selecting “Safety and Occupational Health” followed by “EM 385-1-

1”. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

AMENDMENTS TO REQUEST FOR PROPOSALS

The right is reserved, as the interest of the Government may require, to revise the specifications and drawings both before and after the date set for receipt of offers. Such revisions, if any, will be announced by amendment(s) to the

Request for Proposal. If the revisions and amendments are of a nature which require material changes in quantities, or prices offered, or both, the date set for receipt of offers may be postponed by such number of days as in the opinion of the Contracting Officer will enable the Offeror to revise the offer. In such cases, the amendment will include an announcement of the new date for receipt of offer.

COSTS RELATED TO PROPOSAL PREPARATION

All costs related to proposal preparation, including travel, will be borne solely by the Offeror. The Government is not liable for any costs incurred by the Offeror submitting an offer in response to this solicitation.

RETENTION

The Government will retain all original proposals submitted in response to this Request for Proposals and will retain the extra copies of the successful technical proposal; the copies of the unsuccessful technical proposals will be destroyed.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal

Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in

Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above

$150,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the

Construction Contractor Appraisal Support System (CCASS), which is a web-based system. After an evaluation

(interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on http://www.publications.usace.army.mil/ the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov/. If the Contractor wishes to participate in the performance evaluation process, access to

PPIRS and PKI certification is the sole responsibility of the Contractor.

http://www.cpars.gov/

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and

Standardization Information System (ASSIST)

APR 2014

52.211-6 Brand Name or Equal AUG 1999

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

52.217-5 Evaluation Of Options JUL 1990

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

Work

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

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

CERTIFIED COST OR PRICING DATA (OCT 2010)

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

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

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

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

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

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

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

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

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

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

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

(End of provision)

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)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

19% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Las Animas, Bent County, Colorado

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

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

52.225-9).

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph

(b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000.00 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. ARMY CORPS OF ENGINEERS

ATTN: CONTRACTING DIVISION (CONTRACTING OFFICER)

4101 JEFFERSON PLAZA NE

ALBUQUERQUE, NM 87109-3435

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for—

August 9, 2018 at 10:00 MDT

(c) Participants will meet at—

John Martin Visitor Center

29955 County Road 25.75 (1,235.52 mi)

Hasty, Colorado 81044

(End of provision)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/vfafara.htm

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/VFDFARA.HTM http://farsite.hill.af.mil/vfafara.htm

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the

Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00 22 16 - Supplementary Instructions to Proposers

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS FOR AWARD

1.0 GENERAL REQUIREMENTS

The intent of this Request for Proposal (RFP) is to solicit proposals from for John Martin Reservoir, Stilling Basin

Sediment Removal and Dewatering, Hasty, Bent County, Colorado. The Government reserves the right to award a contract without discussions IAW FAR 52.215-1. Therefore, the Offeror’s initial proposal should contain the

Offeror’s best terms from a technical and cost/price standpoint. Offerors shall organize their proposals as described herein. Proposals may be determined non-compliant for failure to follow this format.

The proposal shall describe the capability of the Offeror to perform the requirements of the Statement of Work

(SOW). The proposal should be specific and complete in every detail; and should be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the requirements. The proposal should be practical, legible, clear, and coherent.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failure to submit and organize proposals as requested may adversely affects an

Offeror's evaluation.

Proposals shall not exceed the page limits described. Provide all information in tabbed sections.

2.0 SUBMISSION FORMAT

a. COVER SHEET & TABLE OF CONTENTS. Proposals shall consist of two (2) volumes. A cover sheet identifying the Offeror (name, address, point of contact), project description, and solicitation number shall be provided. The second sheet shall be a table of contents. The proposals shall contain a detailed table of contents. If more than one binder is used, the complete table of contents shall be included in each. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration. Neither the cover sheet nor the table of contents count toward the page limitations.

b. TABS. Written proposal materials shall be submitted in standard three ring loose-leaf binders. Proposals shall be tabbed and labeled as specified in a manner to afford easy identification from a Table of Contents.

c. FONT SIZE. Shall not be less than 10 point. Pages will be double-sided and each page shall be identified with the appropriate page number centered at the bottom of the page.

d. SHEET SIZE. Shall be 8-1/2 inches x 11 inches; however, if drawings, charts, or other graphics are submitted, sheets no larger than 11 inches x 17 inches and folded to 8-1/2 inches x 11 inches shall be used.

All sheets shall be dated and numbered.

e. PAGE LIMITS. The proposal shall not exceed the specified page limits. The Government will not review any information in excess of the page limits or information submitted in an appendix or attachment to the proposal. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal.

Offers that do not meet these requirements may be subject to rejection.

f. NUMBER OF COPIES. The following volumes of material shall be submitted:

PRINTED **DIGITAL MAXIMUM

VOLUME/TITLE COPIES COPIES PAGES

VOLUME 1: Technical Proposal Original +4 5 40*

VOLUME 2: Price Proposal Original 1 N/A*

* Past Performance Questionnaires, Representations and Certifications, performance recognition documents are excluded from the page count.

** Provide files on CD in read only PDF format. An electronic copy of your price schedule and subcontracting plan is NOT required.

3.0 SUBMISSION REQUIREMENTS, PROPOSAL CONTENTS AND RELATED EVALUATION

FACTORS AND SUBFACTORS

Offerors shall submit their proposals in accordance with the following:

VOLUME 1 – TECHNICAL PROPOSAL

Factor/

Subfactor/

Element

LOCATION DESCRIPTION RELATIVE IMPORTANCE

FACTOR 1 Vol 1 Tab A

RELEVANT CONTRACTOR

EXPERIENCE

ACCEPTABLE/UNACCEPTABLE

FACTOR 2 Vol 1 Tab B TECHNICAL APPROACH ACCEPTABLE/UNACCEPTABLE

FACTOR 3 Vol 1 Tab C SUMMARY SCHEDULE ACCEPTABLE/UNACCEPTABLE

FACTOR 4 Vol 1 Tab D PAST PERFORMANCE ACCEPTABLE/UNACCEPTABLE

VOLUME 2 – PRICE PROPOSAL

Factor/

Subfactor/

Element

LOCATION DESCRIPTION

RELATIVE IMPORTANCE

N/A Vol 2 Tab 1 Proposal Cover Sheet Not Rated

N/A Vol 2 Tab 2 SF1442 and Acknowledgement of Amendments

Not Rated

FACTOR 5 Vol 2 Tab 3 SECTION 00 10 00, PRICING SCHEDULE

Award will be made to lowest – priced technically acceptable proposal

N/A Vol 2 Tab 4 Bid Guarantee (Bid Bond) Not Rated

N/A Vol 2 Tab 5 Representations & Certifications Not Rated

N/A Vol 2 Tab 6 Financials and Financial

Standing Questionnaire

Not Rated

N/A Vol 2 Tab 7 Small Business Subcontracting

Plan

ACCEPTABLE/UNACCEPTABLE

N/A Vol 2 Tab 8 JV Agreement (if applicable) and/or Corporate, Partnership, Joint Venture Certificate

Not Rated

*A RATING OF UNACCEPTABLE ON ANY FACTOR/SUBFACTOR WILL RESULT IN AN OVERALL

RATING OF UNACCEPTABLE.

3.0.1 Where the word “project(s)” appears, it is understood to mean a project(s), contract(s), task order(s), or any other contract document provided for in the Federal Acquisition Regulation (FAR 2.101). Examples of projects submitted by the Prime Construction Contractor may be projects performed for a State or Federal Government

Agency; or for a commercial or private sector customer.

3.0.2 Where the word “recent” appears it is understood to mean a construction type project for which construction is at least 70% complete (measured by performance period days) as of the RFP closing date or a construction type project that has been completed within 7 years of the RFP closing date. Projects completed more than 7 years before the RFP closing date will not be considered for evaluation purposes.

3.0.3 Where the word “relevant” appears it is understood to mean that project experience submitted is similar to the context of this solicitation in terms of scope, magnitude of effort and complexity as described and required in this RFP. For this RFP, “relevant” projects are defined in paragraph 4.2.1.

4.0 FACTOR 1: RELEVANT CONTRACTOR EXPERIENCE

4.1 SUBMISSION REQUIREMENTS

4.1.1 The Offeror shall submit recent examples of construction projects which best illustrate the experience of the construction contractor on relevant projects similar in scope, complexity, and magnitude as defined below in paragraph 4.2.1. A minimum of three (3) projects, but not more than five (5) are to be submitted for the Prime

Contractor.

Each project example shall include a project narrative, discussing the project and providing specifics as noted herein. If a Joint Venture (JV) is proposing, provide examples for each prime contractor in the JV within the five project examples allowed.

4.1.2 Indefinite-Delivery, Indefinite Quantity (IDIQ) Contracts, where numerous Task Orders are summed to meet the minimum construction dollar value identified herein, are not acceptable.

4.1.3 The government preference is that project examples submitted be of completed projects (i.e. construction complete). Projects still under construction will be evaluated only if they are more than 70 percent complete

(measured by performance period days) as of the RFP closing date or a construction type project that has been completed within 7 years of the RFP closing date.