W912PP19R0021_Equalizer_Dam_Vol._1,_Specifications_-_ISSUE.pdf
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W912PP19R0021 - Equalizer Dam and Dike Modifications, Volume I
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SOLICITATION NO. W912PP19R0021
DATE: JUNE 2019
U.S. ARMY CORPS OF ENGINEERS
ALBUQUERQUE DISTRICT
FY19
EQUALIZER DAM AND DIKE MODIFICATIONS
FORT HALL INDIAN RESERVATION, IDAHO
VOLUME 1 – CONTRACTING & SPECIFICATIONS
NOT FOR CONSTRUCTION
CONSTRUCTION SOLICITATION AND SPECIFICATIONS
THIS PAGE INTENTIONALLY LEFT BLANK
Equalizer Dam and Dike Modifications Fort Hall Indian Reservation, Idaho
TOC -1
TABLE OF CONTENTS
VOLUME 1
DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS
00 00 10 Solicitation, Offer, and Award (SF1442) 00 00 11 Proposal Schedule 00 10 00 Solicitation; 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 (Wage Determination) 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions
DIVISION 01 – GENERAL CONDITIONS
01 01 00 Construction Clauses 01 01 01 Special Contract Requirements Attachment – Auxiliary Spillway Channel Bridge, SCR Attachment – Auxiliary Spillway Channel Bridge, Plans 01 02 00 Brand Name or Equal 01 11 00 Summary of Work 01 14 00 Work Restrictions 01 29 00 Payment Procedures 01 30 00 Administrative Requirements 01 32 16.00 Small Project Construction Progress Schedule 01 33 00 Submittals 01 35 26 Governmental Safety Requirements 01 45 00.00 Quality Control 01 45 00.15 Resident Management System Contractor Mode (RMS CM) 01 46 00 Quality Procedures 01 51 00 Temporary Facilities 01 51 00.00 Utilities 01 57 20 Environmental Protection 01 57 90 Preservation of Archeological Data 01 58 00 Project Identification 01 60 00 Product Requirements 01 71 20 Surveying 01 72 00 As-Built Drawings 01 74 00 Cleaning and Waste Management 01 78 30 Project Record Documents
TOC -2
DIVISION 02 – EXISTING CONDITIONS
02 41 00 Removal and Disposal of Existing Features
DIVISION 03 – CONCRETE
03 30 00 Cast-In-Place Concrete
DIVISION 05 – METALS
05 50 01 Miscellaneous Metal Fabrications
DIVISION 25 – INTEGRATED AUTOMATION
25 13 13 Supervisory Control and Data Acquisition 25 13 19 Controls Narrative
DIVISION 26 – ELECTRICAL
26 00 00 Electrical General Provisions 26 05 23 Control-Voltage Electrical Power Cables 26 05 26 Grounding for Electrical Systems 26 05 33.13 Conduit for Electrical Systems 26 05 33.16 Boxes for Electrical Systems 26 21 00 Low-Voltage Electrical Service 26 22 00 Low-Voltage Transformers 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 29 00 Low-Voltage Motor Controllers 26 50 00 Lighting
DIVISION 31 – EARTHWORK
31 03 10 Diversion and Care of Water 31 03 33 Dewatering 31 11 00 Clearing and Grubbing 31 14 10 Stripping 31 23 16 Excavation 31 23 23 Controlled Low Strength Material (CLSM) 31 24 00 Fill and Backfill 31 32 32 Geotextile 31 37 00 Riprap and Bedding
TOC -3
DIVISION 32 – EXTERIOR IMPROVEMENTS
32 31 10 Fencing 32 92 19 Revegetation
DIVISION 35 – WATERWAY CONSTRUCTION
35 59 23 Debris Barrier
DIVISION 40 – EQUIPMENT
40 05 57 Electric Gate Actuators 40 05 59 Stainless Steel Slide Gates 40 21 71 Trash Raking Equipment 40 72 43 Pressure Type Level Meters
DIVISION 51 – HISTORICAL DATA
51 00 00 Information Available to Offerors 51 00 10 Hydrologic Study Reports 51 00 20 Reservoir Level and River Flow Data 51 00 30 Historic Drawings
DIVISION 53 – GEOLOGIC INVESTIGATIONS AND RECORDS
53 10 00 Geologic and Subsurface Investigation Records
ATTACHMENTS
Hydrologic Reports Historic Drawings Geologic Records Geotech Records
VOLUME 2 - DRAWINGS
END OF CONTENTS
Equalizer Dam and Dike Modif ications, Fort Hall Indian Reservation, ID
This is a Small Business Set Aside, Low est Priced Technically Acceptable (LPTA) Best Value Acquisition.
Magnitude of construction is betw een $5,000,000-$10,000,000.
***WE HAVE MOVED*** Hand carried proposals must be delivered to 6200 Jefferson Street NE, Albuquerque, NM 87109. Sealed technical proposal (original +5 hard copies) and f ive electronic (CD) copies and sealed price proposal (original + 1 electronic copy) are due at the place and time specif ied in Block 13. See Section 00 21 00 for information pertaining to the pre-proposal conference and site visit. For technical questions, see Section 00 20 00 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 sufficient time for turning in your proposal. This requirement may be delayed, cancelled or revised at any time during the solicitation process and is subject to the availability of funds.
KAREN K IRVING 505-342-3356
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
07-Jun-2019
(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 ________ 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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________10 Jul 2019 (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 _______60 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
6200 JEFFERSON STREET NE
ALBUQUERQUE NM 87109-3435
W912PP
PAGE OF PAGES
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
505-342-3496FAX:TEL: TEL: FAX:
W912PP19R0021 1 OF 96
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. W912PP19R0021
PROPOSAL SCHEDULE
(To be attached to SF 1442)
Item Unit No. Description Quantity Unit Price Amount
BASE BID
0001 TERO Fees.
1 JOB *** $
0002 Mobilization and
Preparatory Work.
0003 Demolition & Disposal of
Existing Structures.
0004 Dewatering, Diversion, and
Care of Water
0005 Clearing 1 JOB *** $
0006 General Excavation 21,251 C.Y. $ _ $
0007 Fabric Reinforced Fill 400 C.Y. $ _ $
0008 Compacted Embankment 13,815 C.Y. $ _ $
0009 Core Fill 604 C.Y. $ _ $
0010 Drain Gravel 322 C.Y. $ _ $
0011 Filter Sand 1,372 C.Y. $ _ $
0012 Gravel Road Surfacing 1,685 C.Y. $ _ $
0013 Riprap 1,552 C.Y. $ _ $
Page 3a of 96
PROPOSAL SCHEDULE (Cont’d)
0014 Riprap Bedding 274 C.Y. $ _ $
CLSM 1,426 C.Y. $ _ $
0016 Reinforced Concrete 2,038 C.Y. $ _ $
0017 Pre-stressed Concrete
Bridge
0018 Outlet Gate and Electric
Motor Operator
0019 Canal Gates and Electric
Motor Operators
0020 Metal Fabrications 1 JOB *** $
0021 Chain Link Fence 1 JOB *** $
0022 Barbed Wire Fence 1 JOB *** $
0023 Site Restoration 1 JOB *** $
0024 Electrical Gear and
Materials
0025 Control System 1 JOB *** $
0026 Trash Rake 1 JOB *** $
0027 Debris Control Boom 1 JOB *** $
Page 3b of 96
0028 Auxiliary Spillway Channel
Bridge Replacement (See attachments After Section
01 01 01 SPECIAL CONTRACT
REQUIREMENTS)
0029 All Other Work Not
Separately Listed.
TOTAL AMOUNT BASE BID $
NOTES:
1. Award of all proposal items will be made to one bidder. Award of Base Bid and Bid Options (if awarded) will be made to one bidder. Bidders must bid on all items.
(a) Offers will be evaluated based on the Offerors’ qualifications and the total of the Bid Schedule. Award will be made to the responsive offer which brings the best value.
(b) The Contracting Officer (CO) or Contracting Officer’s Representative
(COR) may remove items from the schedule based on available funds.
2. ARITHMETIC DISCREPANCIES:
(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:
(1) Obviously misplaced decimal points will be corrected;
Page 3c of 96
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 bid evaluation, the government will proceed on the assumption that the bidder intends the bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.
(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.
3. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.
4. 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.
5. 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.
6. All offers are subject to the terms and conditions of this solicitation.
Page 3d of 96
NOTES: (Cont’d)
7. Quantities provided in the schedule for lump sum are estimated quantities for comparison of offers only and, no claim shall be made against the Government for overruns or underruns.
8. Offerors’ submitted bid schedule shall include all items necessary to complete all construction and CONTRACTOR requirements presented in the Drawings and
Specifications. Work items not specifically identified in the Bid Schedule shall be incorporated into the Offerors’ lump sum line item pricing for related work.
9. 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 -
W912PP19R0021
Section 00 10 00 - Solicitation
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 Bidders. Before signing and submitting your bid, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your bid to be rejected:
[ ] Have you acknowledged receipt of ALL solicitation amendments? If in doubt as to the number of amendments issued, please contact Karen Irving, Contract Specialist, at (505) 342-3356.
[ ] 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: W912PP19R0021 The Bidder Inquiry Key is: 4NPSAW-EEUEDB
b. The Bidder Inquiry System will be unavailable for new inquires 7 days prior to proposal submission 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.
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 $5,000,000.00 and $10,000,000.00.
INSTRUCTIONS FOR SUBMISSION OF THE PRICE PROPOSAL
The offeror shall submit to the Government a price proposal broken out by line item in the format indicated on the Proposal Schedule in this solicitation. A cost-element breakdown, in sufficient detail for the Government to perform a cost analysis, shall be attached for each proposed line item and must reflect any specific requirements established by the Contracting Officer. Supporting breakdowns must be furnished for each cost element, consistent with the offeror's cost accounting system, and shall include basic elements of cost such as direct labor, materials, equipment, and subcontracted items. Indirect costs, including markups, for field overhead, general and administrative expenses, gross receipt taxes or other taxes, bond rate, profit, and any other applicable costs shall also be provided.
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 004500, 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 and DFARS Clause 252.204-7004; Alternate A, System for Award Management for further information in Section 007000.
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 007000 of this RFP.)
a. 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 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.
WHO WILL EVALUATE THE PROPOSALS
The Evaluation Committee will be composed of Corps of Engineers and other Government 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 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 52.229-4, Federal, State, and Local Taxes in Section 007000 for additional information.
PRE-AWARD INFORMATION
Each Offeror shall provide, upon request of the Contracting Officer, a list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.
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.
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 $700,000.00, 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 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.
Section 00 21 00 - Instructions
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
CLAUSES INCORPORATED BY FULL TEXT
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 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.
(End of provision)
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.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm, fixed price contract resulting from this solicitation.
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
4.0% 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 Fort Hall Indian Reservation, Bingham County, ID.
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.
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, 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.
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
US Army Corps of Engineers Attn: Contracting Division (Contracting Officer) 4101 Jefferson Plaza NE Albuquerque, NM 87109
(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 June 19, 2019 at 9:00am.
(c) Participants will meet at 36 Bannock Ave., Building 2, Fort Hall, Idaho 83203 (corner of Bannock Ave and Pima Dr.). Call 208.238.1992 for directions.
(d) Offerors are cautioned that nothing said or done at the pre-proposal conference or site visit will qualify or modify the terms of the solicitation document. The only instrument that shall qualify or modify the solicitation document is a formal amendment, in writing, per FAR 15.206.
(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
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 Defense Federal Acquisition Regulation (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
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 for the Equalizer Dam and Dike Modifications, Fort Hall Indian Reservation, Idaho, Bingham County. 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-responsive 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 +5 5 60*
VOLUME 2: Price Proposal Original +1 1 N/A*
* Past Performance Questionnaires, Representations and Certifications, performance recognition documents and Small Business Participation Past Performance documents are excluded from the page count.
** Provide files on CD in read only PDF format.
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