1 PH1 Gen Instruc to Offerors.pdf

PHASE ONE SOLICITATION, 15B70022R00000009

Leavenworth, KS Medium Security FCI PAGE 1 OF 8

FEDERAL BUREAU OF PRISONS

WASHINGTON, DC 20534

GENERAL INSTRUCTIONS TO OFFERORS

Each Offeror shall submit their proposal, as outlined in this Phase One Solicitation, Section 4, "Proposal Content and Format Instructions". Proposals shall be mailed or hand carried to the address noted below.

Offers must be delivered to the Contracting Officer, at the designated location, no later than the time, date and address as specified in the Solicitation. Additionally, an electronic copy shall be emailed to mrmorgan@bop.gov no later than the time and date specified in the Solicitation. No single email shall have attachments that overall exceed 15 MB in size. If necessary, multiple emails for a submission are acceptable providing they are properly labeled as part of a consecutive series.

The complete Federal Acquisition Regulation is available online at:

https://www.acquisition.gov/browse/index/far

The Federal Bureau of Prisons (BOP) wants to ensure all business is conducted in a manner above reproach, with complete impartiality and with preferential treatment for none. Therefore, each Offeror, as they assemble their Design-Build team, shall evaluate the eligibility of their team members to ensure potential organizational conflicts of interest do not exist. An organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government or the person’s objectivity in performing the contract work is or might be otherwise impaired or a person has an unfair competitive advantage. See Federal Acquisition Regulation Subpart 9.5 for additional information concerning organizational conflicts of interest. An organizational conflict of interest certification shall be included in the Phase One Proposal.

The BOP Point of Contact for inquiries and clarifications is Michelle Morgan, Contracting Officer. Each Offeror must designate one point of contact for all communications between the Offeror and BOP. No other communications regarding this Solicitation or project are allowed. Communications that occur between any other individual on an Offeror’s team, including consultants and subcontractors, and any other BOP staff member may be grounds for disqualification of the Offeror’s Proposal.

Proposal Due Date: August 10, 2022

Submit Your Proposal To: Federal Bureau of Prisons

Procurement Management Branch 320 First Street, NW, Room 901-5 Washington, DC 20534

BOP Point of Contact: Michelle Morgan

Contracting Officer mrmorgan@bop.gov

(202) 616-7037 https://www.acquisition.gov/browse/index/far

Leavenworth, KS Medium Security FCI PAGE 2 OF 8

Solicitation Table of Contents

1. Background Information and Project Description

2. Project Schedule

3. Evaluation Factors

4. Proposal Content and Format Instructions

5. Proposal Due Date

6. Notification of Phase One Qualification and Selection

7. Summary of the Phase Two Solicitation Process

8. Listing of Attachments

The Federal Bureau of Prisons (BOP) intends to award a firm-fixed-price Design-Build Contract for the Design and Construction of a Medium Security Federal Correctional Institution to be located in Leavenworth, KS, pursuant to the Federal Acquisition Regulation (FAR) Two-Phase Design-Build Selection Procedures (FAR Subpart 36.3). For this contract award process, BOP will issue two Solicitations in sequence: 1) Phase One, and 2) Phase Two. The Phase One procedure is to determine which Offerors demonstrate the highest qualifications to successfully deliver the facility. All responsible sources may submit a Phase One Proposal; a maximum of three (3) design-build entities (hereafter referred to as “Offerors”) who are found to demonstrate the highest qualifications will be selected to participate in Phase Two.

The BOP is hereby requesting Phase One Proposals. This Phase One Solicitation provides Offerors with instructions regarding the submission of their complete Proposals and the evaluation thereof. Utilizing the format prescribed within, Offerors are to provide the requested information and demonstrate their capabilities.

Responses shall be as complete and accurate as possible and present data relative to the specific project under consideration. Offerors shall make every effort to present information clearly and concisely in accordance with the formats described herein.

1. Background Information and Project Description

The purpose of this Phase One Solicitation is to solicit Proposals from Offerors for evaluations by BOP to determine which Offerors demonstrate the highest qualifications to successfully deliver the project. The design-build scope of work includes all architectural, engineering, construction, and other related services necessary to provide a new federal correctional facility.

The proposed Medium Security Federal Correctional Institution is currently planned to consist of a group of buildings in a "campus plan" arrangement with related site development and site utilities. The Medium Security Federal Correctional Institution facility will have a gross building area of approximately 560,000 square feet and be designed to house and support approximately 1152 inmates.

The proposed Federal Prison Camp (FPC) is currently planned to consist of a group of buildings in a “campus plan” arrangement with related site development and site utilities. The FPC will have a gross building area of approximately 59,200 square feet and be designed to house approximately 256 inmates.

In accordance with FAR 36.204, the estimated magnitude of this project is expected to exceed $300,000,000.

Interested Offerors must be a firm or joint venture with experience, individually or as a member of a team, successfully and satisfactorily completing a project of similar size and scope (not necessarily design-build prison experience).

For the design member of the design-build team, the Architect/Engineer (A/E) of Record of the architect-

Leavenworth, KS Medium Security FCI PAGE 3 OF 8 engineer firm, or the principal or lead A/E firm of a joint venture, must have an existing major active office, which will have responsibility for the plans and specifications, located within the State of Kansas.

The design of the architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in the State of Kansas.

Offerors, individually or as a team, must have the capacity to obtain performance bonding for 100% of the firm-fixed-price Design-Build Contract.

An Offeror's proposed Phase One team, or firms and key personnel proposed in response to this Phase One Solicitation, must remain fixed for the duration of the Contract. If extraordinary circumstances require a proposed change, it must be submitted in writing to the Contracting Officer (CO), whom, at his or her sole discretion, provides written authorization of the change. Unauthorized changes to the Offeror's team at any time during the Phase 1 Evaluation can result in the elimination of the Offeror from further consideration. During Phase Two, an Offeror may only add/remove consultants, subcontractors and/or key personnel to address proposal deficiencies. However, after contract award the proposed firms and key personnel cannot be changed without written authorization from the Contracting Officer.

Participation by small, small-disadvantaged, HUBZone small businesses, woman-owned small businesses, veteran-owned small businesses, and service-disabled veteran small businesses is also encouraged. Offerors invited to participate in Phase Two will be required to submit a subcontracting plan for this procurement regarding the utilization of small, small-disadvantaged, HUBZone small businesses, woman-owned small businesses, veteran-owned small businesses, and service-disabled veteran small businesses.

2. Project Schedule

Award of the Contract for this project is anticipated to take place Winter 2023. Construction completion and final acceptance are expected to occur within 36 months after Award.

3. Evaluation Factors

Proposals submitted, in accordance with this Solicitation, will be evaluated using the three (3) Phase One evaluation factors listed below in descending order of importance:

a. Past Performance:

The purpose of the Past Performance evaluation is to qualitatively assess the Offerors’ ability to perform the contract successfully. In evaluating Past Performance, including the Sub-factors, also in descending order of importance: Past Performance Quality Control and Quality Assurance, Relevance of Past Performance, Demonstrated Commitment of Team Members and Key Personnel, and Performance Problems, the BOP shall consider the currency and relevance of the information as well as the source. BOP shall also consider the context of the data and the general trends in the contractor’s performance. Offerors who have no relevant experience will receive a neutral rating for past performance. BOP will give due consideration to: the completed Questionnaires; BOP’s communications with designated points of contact; the Offeror’s information provided in the Offeror’s Proposal relative to past performance; records generated and provided (if any) pursuant to FAR 42.15; and any other relevant past performance information that may be available to BOP. The Source Selection Authority shall determine the relevance of all-similar past performance information.

Leavenworth, KS Medium Security FCI PAGE 4 OF 8

b. Technical Qualifications:

(1). Relevant experience of the Offeror’s firm and other firm team members, including any proposed consulting firms and subcontracting firms. Specialized experience, and capability to perform, as may be illustrated by: experience with projects of comparable size and complexity; previous experience with other proposed firm team members; any experience with design-build projects; awards or recognition received by a firm for similar work;

demonstrated knowledge of the general project locality, of applicable code and permitting requirements, and of local construction market conditions and trade practices.

(2). Relevant experience and a clear description of the previous roles and responsibilities of the proposed key personnel of the Offeror, consultants or subcontractors. Specialized experience, technical competence and professional qualifications as may be illustrated by:

experience with projects of comparable size and complexity; history of employment with participant; previous experience with other proposed key personnel; experience with design-build projects; awards or recognition received by individuals for similar work; demonstrated knowledge of the project locality including applicable code and permitting requirements, construction market conditions, and trade practices.

c. Technical Approach:

Offeror’s general approach for dealing with projects of this size, complexity and schedule, including the roles and responsibilities of proposed team members and their key personnel as may be illustrated by: actual or proposed legal organization; the overall construction volume of work over the past 10 years; personnel by discipline for each of the firms; an organizational chart including key personnel of the proposed team; a design responsibility chart; specialized equipment available for this work; general project management systems including consultant/subcontractor administration and coordination; estimating and scheduling systems; cost, schedule and quality control for both design and construction activities; and general methodologies for avoiding delays and minimizing claims.

4. Proposal Content and Format Instructions

Utilizing the format prescribed below, Offerors are to provide the requested information in a brief and succinct manner making every effort to present information clearly and concisely. Offerors should address the requirements of the project consistent with the evaluation criteria described in this Solicitation. Lengthy narratives containing extraneous information are discouraged. All information shall be submitted in English. Proposals that do not follow the format below, or otherwise include documentation that is difficult to read may be rejected, may result in Phase One disqualification or a lower Phase One evaluation rating.

Proposals shall be submitted in the following format. Pages shall be 8-1/2 x 11 inch white paper, with four (4) simple lettered/numbered dividers for each section as directed below. Proposal text shall be in a standard font, a minimum of ten (10) points in height, single-spaced. The entire Proposal including the enclosed Phase One Design-Build Questionnaire and the Past Performance Questionnaires must be submitted on white paper. Proposal submissions must include seven (7) copies that are “GBC” comb bound. The external cover of each Proposal (original and copies) clearly shall identify the Offeror’s name, clearly be labeled “Proposal for Phase One Solicitation, 15B70022R00000009,” and clearly state the time and date for the receipt of Proposals. Do not provide plastic or coated report covers. Each copy shall be identified on its cover as “Copy ___ of 7 Copies.” The information provided in the Proposal

Leavenworth, KS Medium Security FCI PAGE 5 OF 8 shall be easily reproducible by normal black and white photocopying machines.

All signatures on all documents, originals, and copies, must be original signatures in ink and in a color other than black.

Completion of the Phase One Design-Build Questionnaire must be in accordance with the instructions provided within the questionnaire. Information must be current and accurate for the firm or joint venture including all proposed key consultants/associates and subcontractors for the specific office(s) identified which will have responsibility for performing the work.

Completion of the Past Performance Questionnaires must be in accordance with the instructions provided below in the Past Performance Section III of the proposal. Information must be current and accurate for the firm or joint venture including all proposed key consultants/associates and subcontractors for the specific office(s) identified which will have responsibility for performing the work.

All Phase One Proposal development costs shall be borne by the Offerors without reimbursement from the BOP.

Phase One Proposals shall be submitted in the following format:

a. Section I - Cover Letter: Provide a one-page letter on the Offeror’s letterhead identifying a single point of contact, address, phone, and e-mail addresses where BOP inquiries or notices should be directed. An authorized representative of the Offeror organization shall sign the letter. If the Offeror is not yet a legal entity or is a joint venture, all major participants or joint venture members shall sign the letter. Provide a statement declaring the Offeror’s intent, if selected to participate in Phase Two, to enter into a Contract with BOP to deliver the project in the event the Offeror is ultimately selected for award.

b. Section II - Phase One Design-Build Questionnaire: Include a completed Phase One Design- Build Questionnaire.

c. Section III - Past Performance Submission Requirements: The Offeror’s (including significant subcontractors, consultants or teaming partners) Past Performance information and shall not exceed twenty (20) pages.

The Past Performance requirements will be divided into three (3) sections as follows: TAB 1 - General Questionnaire Information; TAB 2 - Selected Projects; and TAB 3 - Other Past Performance Information. The individual Sections are to provide the following information:

(1) Section (TAB) One - General Questionnaire Information:

Past Performance Questionnaire: Offerors are directed to the Attachment(s) where they will find a referenced Past Performance Questionnaire and a cover letter. This Questionnaire is for information purposes only. Offerors are to submit the most recent and/or currently in progress contracts, that are of similar size, and complexity and representative of the Offerors’ capability and indicative of the Offerors’ ability to successfully, perform this project. The Offerors are to provide the additional information as required in Sections (TABS) 1 and 2.

The Contracting Officer shall select all or any number of projects/references provided in TAB 1 and shall issue the Past Performance Questionnaire as determined by the Contracting Officer. Section (TAB) One shall contain the following information regarding each

Leavenworth, KS Medium Security FCI PAGE 6 OF 8

Owner/Project for which a Questionnaire and cover letter will be forwarded:

(a) Name of Owner/Agent.

(b) Point of contact including name, title, current address, telephone number, and e-mail.

(c) The date and method(s) of transmittal of the Questionnaire and cover letter (and the information in item (ii) above if it was sent to a person other than the point of contact above).

(d) Any other additional information that would assist BOP in making contact with the Owner/Agent.

(2) Section (TAB) Two - Selected Projects:

As set out in the Subparagraph above regarding use of the Past Performance Questionnaire.

The Offeror, including its significant or critical subcontractors, teaming partners or other significant entities comprising the team, shall submit the most recent and/or currently in progress contracts completed within the last ten (10) years which are of similar size and complexity and representative of the Offerors’ capability and indicative of the Offerors’ ability to successfully perform this project. The requested past performance information is to be provided as follows:

(a) The Offeror is to segregate the discussion of each of the five projects by project with a cover page introducing each project as follows:

i. Project name, address, phone number and e-mail address.

ii. Owner project manager’s name, address, phone number and e-mail.

iii. Point of contact (if different than ii. above), name, address, phone number and e-mail.

iv. Project dates (Contract award date; for both design and construction, provide:

Start/Notice to Proceed; completion date - actual or estimated; and original scheduled/contract completion date).

v. Estimated or actual contract cost including costs for which the Offeror was responsible.

(b) Immediately behind each cover page, the Offeror is to provide:

i. Project name and location.

ii. A description of the firm’s scope of work and responsibilities.

iii. An identification of the other significant entities (subcontractors, teaming partners, etc.) working with the firm including a description of their services and their portion of the overall contract value.

iv. For the specific project, provide an explanation regarding the circumstances and causes of all significant modifications, changes, or delays to the project. In addition, in the event the firm received a cure notice or any other adverse notices relative to its performance, the firm is to provide a copy of the same and provide an explanation of the circumstances including cure or other disposition. If none, state as such.

v. The Offeror is encouraged to submit additional information responsive to the areas raised in the Questionnaire and which is appropriate for review by BOP. The Offeror is particularly encouraged to submit in a narrative format an explanation of

Leavenworth, KS Medium Security FCI PAGE 7 OF 8 any problems, difficulties or other corrective actions may be noted in the completed Questionnaire. The Offeror is also encouraged to provide any other information that is relevant to the evaluation of the Offeror’s past performance.

(c) As permitted in FAR Section 15.305(a) (2) (iii), Offerors can provide past performance information relative to predecessor companies, key personnel (who, for example, may have relevant experience via their former employment, etc.) and for subcontractors who will play a major or critical role. In the event an Offeror provides this type of information in lieu of projects that the Offeror company (or its team members performed) performed, the Offeror should comply (to the extent possible) with the instructions above.

(3) Section (TAB) Three - Other Past Performance Information:

(a) Offerors must identify all projects for the past five years, wherein the Offeror or any other subcontractor, teaming partner or other principal member or firm of the proposed team received a cure notice, or was assessed liquidated damages or was default terminated. For each such instance, identify the contract, owner’s contract number, owner name, the point of contact for the owner including telephone number, and provide an explanation of the circumstances including disposition. If none, state as such.

(b) Offerors must also provide a description (including contact, owner’s contract number, owner name, owner point of contact, parties involved, amount and disposition) relative to any claims or litigation in the past five years in connection with changes, schedule or subcontractor/consultant disputes.

(c) Past Performance. As part of the evaluation process, BOP reserves the right to contact the designated point of contact or other personnel relative to the designated projects.

BOP may also elect to obtain additional information relative to the Offerors’ past performance (including, but not limited to, the past performance of team members, predecessor organizations, subcontractors and key personnel) for the referenced projects and/or for projects in addition to those identified in the Proposal. Offerors are reminded that the completed Past Performance Questionnaires are confidential and are considered to be Source Selection sensitive information (until determined otherwise) and the Offerors should not request the selected points of contact or other persons with access to said Past Performance Questionnaires to release copies to them. Past performance will be evaluated pursuant to the approach set out in this section.

d. Section IV - Conflict of Interest Certification: Include a completed BOP Conflict of Interest

Certification (The attached and must be completed and included with the Proposal). All proposed team members must be listed and certified.

5. Proposal Due Date

For consideration on this project, Offerors must respond to the Phase One Solicitation by submitting their Proposal by August 10, 2022 at 10:00AM EST. Proposals must be MAILED or DELIVERED to Michelle Morgan, Contracting Officer, Federal Bureau of Prisons, Construction Contracting Section, 320 First Street NW, Room 901-5, Washington, D.C. 20534. Offerors are responsible for effecting delivery; late submissions will not be considered. The Point of Contact for inquiries and clarifications is the Contracting Officer, who can be reached at mrmorgan@bop.gov or (202) 616-7037. To the extent perspective Offerors have questions regarding this Solicitation; they are to be submitted in writing to the mailto:mrmorgan@bop.gov

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Contracting Officer on or before August 10, 2022 at 10:00AM EST. At BOP’s discretion, BOP may provide written responses to the questions as appropriate. Any such responses may also be provided via an Amendment to the Phase One Solicitation and will be posted solely through the General Services Administration’s System for Award Management web site http://www.sam.gov.

6. Notification of Phase One Qualification and Selection

Upon completion of the Phase One evaluation and selection process, a maximum of three (3) Offerors deemed to be most highly qualified shall be invited to submit Proposals in response to the Phase Two Solicitation. However, BOP reserves its right to select less than three (3) Offerors for Phase Two. Those Offerors selected to participate in Phase Two will receive a Phase Two Solicitation after their selection.

Unsuccessful Phase One Offerors will receive notice of their non-selection at the same time. Phase Two Proposals will not be accepted from Offerors that are not invited to submit a Proposal.

7. Summary of the Phase Two Solicitation Process

The most highly qualified Offerors selected in Phase One will be provided the opportunity to submit competitive technical, or supplemental Past Performance information, and Price Proposals as detailed in the Phase Two Solicitation. All Phase Two Proposal development costs shall be borne by the Offerors without reimbursement from the BOP. However, a stipend will be offered to the unsuccessful Phase Two Offerors submitting responsive and fully developed Phase Two Proposals; only one (1) stipend will be offered to each unsuccessful Offeror (i.e., Proposal team). The amount of the stipend will be listed in the Phase Two request for proposal (RFP). Phase Two shall be conducted in accordance with FAR Part 15 (Contracting by Negotiation); one Contract will be awarded using competitive negotiation.

The Evaluation Factors to be used in Phase Two are listed below in descending order of importance with the exception of Price. Price is, however, an important evaluation factor although all non-price evaluation factors when combined are significantly more important than price. The non-price evaluation factors are as follows:

1. Past Performance

2. Preliminary Design and Proposed Technical Solutions

3. Proposed Organization and Key Personnel, Consultants and Subcontractors

4. Management and Scheduling Approach, including Quality Control and Quality Assurance

5. Small Business Subcontracting

6. Price

The basis for award for Phase Two shall be, consistent with the evaluation factors above, the selection of the Offeror whose overall Proposal is deemed to be the most advantageous to the Government. As Proposals become more equal in their technical merit (the non-price evaluation factors), the evaluated cost or price becomes more important and may become the determining factor for Award. In order to be eligible for award, Offerors’ organizations must legally exist prior to Contract Award.

8. Listing of Attachments

The following attachments to this Solicitation are provided for the convenience and/or use of the Offerors in developing Phase One Proposals:

a. BOP Conflict of Interest Certification.

b. BOP Past Performance Questionnaire.

c. BOP Phase One Design-Build Questionnaire.