Revised Section L and M_0002.pdf

MOAPA VALLEY DESIGN/BUILD – REGION 8 SOLICITATION NO. X

SECTION L – INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

L.1.0 GENERAL. This is a Request For Proposal (RFP). An award notice will be posted on the Federal Business Opportunities website located at www.fbo.gov upon award. The award notice will include the awardee’s name and address and total award amount.

L.1.1 Electronic Response. Electronic proposal will not be accepted through www.fedconnect.net. The proposal may be electronically submitted by email to cindy_salazar@fws.gov.

L.1.2 Hard Copy Submission. When submitting a proposal, each envelope (including express mail pouches) must be sealed, marked with the solicitation number on the exterior, and addressed as follows:

Mail to:

Cindy Salazar U.S. Fish and Wildlife

Service Pacific Region Office Contracting Branch

911 NE 11th Ave, 3rd Floor Portland, OR 97232

Courier and hand-delivered proposals must be coordinated and scheduled directly with

Cindy Salazar, e-mail: cindy_salazar@fws.gov, telephone: 503-872-2832, in advance of the delivery. Offerors are advised that security screening is required prior to entering the facility. Please plan accordingly. Late proposals will not be accepted

L.1.3 Requests for Information. Questions regarding this solicitation must be submitted in writing to Cindy Salazar via e-mail to cindy_salazar@fws.gov by Solicitation End Date.

L.2.0 PROPOSAL INSTRUCTIONS. The Phase 1 proposal due date is Insert Due Date

(Allow for a Minimum of 30 to 45 Days for Proposal Preparation), 2:00 pm PST. The Phase 2 proposal due date will be disclosed to contractor’s selected for participation in

Phase 2 after the Phase 1 evaluation.

L.2.1 FORMAT AND CONTENT OF THE PHASE 1 TECHNICAL PROPOSAL. There are three (3) non- price/cost evaluation factors. The technical proposal shall be organized by evaluation factor and shall not contain any price information. The offeror shall address the following factors in sufficient narrative and qualitative detail to be evaluated.

The Offeror shall submit the completed Standard Form 1442 and all acknowledged amendments, if any.

The Offeror shall complete and submit all applicable Representations, Certifications and Other Statements of Offerors. In accordance with FAR 4.1201, representations and certifications shall be submitted to the System for Award Management (www.sam.gov) and updated at least annually to ensure they are kept current, accurate, and complete.

L.2.1.1 Evaluation Factor 1, Technical Capability. Provide a narrative (maximum 5 pages) that describes your company’s Technical Capability as it relates to the scope of this project.

This narrative shall discuss your A-E Team, General Contractor Management Team, major Sub-contractors/Specialists, and previous Design-Build Teaming Experience, preferably on a project (or projects) of similar scope and magnitude. Documentation submitted may include but will not be limited to: organizational charts, resumes, professional qualifications, and certifications necessary for satisfactory performance of required services and construction.

L.2.1.2 Evaluation Factor 2, Past Experience. Provide details of experience (maximum 5 pages) working on projects of similar scope and magnitude, to include a description of each project, final contract price and name of the entity you contracted with. Mentioned projects shall demonstrate past experience as a Design-Build Team between the A/E

Firm and Construction Prime Contractor. The Architect-Engineer and Construction Prime Contractor Team Members you propose for the design and construction of this project shall have had similar roles on at least 5 projects in the past 5 years, completed within contract scope, schedule, and budget constraints.

Design and construction projects of similar scope should include: Habitat Restoration

Work, Stream and River Restoration Work, In-Water Work, Channel Construction, Embankment Construction, Roads, Water Systems, Storm Water Management

Systems, and Non-Building Structures (to include Box Culvert Vehicular Bridge Assemblies and Conventional Vehicular Bridge Assemblies).

L.2.1.3 Evaluation Factor 3,Technical Approach. Provide a Draft Project Delivery Plan (maximum 5 pages) and Initial 20% Schematic Design Documents consisting of Design Drawings and In-Drawing Specifications (maximum 5 pages) for a total of 10 pages.

The Draft Project Delivery Plan shall outline the Construction Prime Contractor’s and their Team Member’s project understanding, Include a project overview, identify project stakeholders, and explain how new or emerging technologies may be implemented, which may result in demonstrated cost savings or possibly tangible benefits. The Construction Prime Contractor may present new construction methods or methodologies, which improve upon standard construction practices. The Contractor also may present initial Drawings and Specifications for Evaluation in Phase 1 and to assist with establishing the Bid Proposal in Phase 2. Whether the Contractor decides to present initial Drawings and Specifications in Phase 1 is at the discretion of the Design-Build Contractor. If the Contractor decides to present Initial Drawings and Specifications there will be no page limitation or maximum number of pages. At its core, the Draft Project Delivery Plan should provide an outline work plan for design services and construction and explain how communication and change management is part of this work plan.

Lastly, the Construction Prime Contractor and their Team shall explain how current project solicitation attachments will be developed to meet project outcomes and what conditions and/or assumptions were established.

FORMAT AND CONTENT OF THE PHASE 2 TECHNICAL PROPOSAL (ONLY FOR

CONTRACTORS SELECTED FOR PHASE 2). There is one (1) non-price/cost evaluation factor. The technical proposal shall not contain any price information. The offeror shall address the following factor in sufficient narrative and qualitative detail to be evaluated.

L.2.2

L.2.2.1 Evaluation Factor 1, Past Performance. (Total 5 Page Limit) Provide the Current Point of Contact (with phone number and email address) for five ongoing and/or past contracts similar in scope and complexity to the work outlined in the Statement of Work.

available means, such as PPIRS and use of FPDS-NG, in addition to the POC’s provided.

L.2.3 FORMAT AND CONTENT OF THE PHASE 2 PRICE PROPOSAL (ONLY FOR

CONTRACTORS SELECTED FOR PHASE 2)

L.2.3.1 Evaluation Factor 2, Price. The Offeror shall submit the completed attached Bid Schedule (Attachment 5). The prices shall include all necessary supervision, management, labor, transportation, equipment, materials, any other direct incidental costs, overhead and profit.

The following provisions are incorporated by reference:

Provision Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2016

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE

ACQUISITION

JAN 2017

The following provisions are included in full text:

52.216-1 – TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

Contractor is solely responsible for the accuracy of this information, as the Government will not pursue contact if provided with inaccurate data. Past Performance information may be collected via any other

52.222-5 – CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE

WORK (MAY

2014)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(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) 52.236-27 – SITE VISIT

(CONSTRUCTION) (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 --

10:00 am PST, (Insert Date).

(c) Participants will meet at –

Moapa Valley National Wildlife Refuge (NWR)

See Pre-Proposal Site Visit Information and Map Attachments

(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):

Federal Acquisition Regulation: https://www.acquisition.gov/far/ Department of the Interior Acquisition Regulation (CFR, Title 48, Chapter 14):

http://www.ecfr.gov/cgi-bin/text-idx?SID=46fff09635987db3af784ea3c7efc2e0&mc=true&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl #1400

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 Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the name of the regulation.

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C.

552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information

(other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption

(9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that

(e) (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(f) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(g) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.

However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the

Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

1452.233-2 – SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996)

(DEVIATION)

(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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the U.S. Fish and Wildlife Service, Pacific

Region Office, Contracting Branch, 911 NE 11th Avenue, Portland, Oregon, 97232.

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

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, D.C. 20240.

(End of Section L)

SECTION M – EVALUATION FACTORS FOR AWARD

M.1.0 BASIS OF AWARD

This solicitation will result in the award of one (1) Firm Fixed-Price Construction contract in accordance with the provisions herein this section. Using Two-Phase Design-Build procedures, a maximum of 3 most highly qualified offerors will be selected for participation in Phase 2.

Award will be made on a best-value, trade-off process pursuant to FAR subpart 15.101-1. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The Government may consider award to other than the lowest priced offeror or other than the highest technically rated offeror when it is in the best interest of the Government. Technical (non-cost) evaluation factors, when combined, are significantly more important than price. The Government intends to award, without discussions, to the responsible Offeror whose proposal complies with the solicitation requirements and is determined to be the best value to the Government.

M.2.0 EVALUATION FACTORS FOR AWARD, PHASE 1. There are three (3) non-price/cost evaluation factors with equal weighting.

M.2.1 Evaluation Factor 1, Technical Capability. Submitted narrative will be evaluated based on inclusion of the required topics and content that the Government determines will provide the best value, based on contractor technical capabilities.

M.2.2 Evaluation Factor 2, Past Experience. Submitted past experience will be evaluated based on inclusion of the required topics and presented past experience that the Government determines will provide the best value, based on suitability to the requirement.

M.2.3 Evaluation Factor 3, Technical Approach. Submitted Draft Project Delivery Plan and

Initial 20% Schematic Design Documents (Drawings and Specifications) will be evaluated based on inclusion of the required information and content that the

Government determines will provide the best value, based on the contractor’s Technical Approach.

M.3.0 EVALUATION FACTORS FOR AWARD, PHASE 2. There is one (1) non-price/cost evaluation factor in addition to price. The Phase 1 evaluation factors will be considered in combination with the Phase 2 factors.

M.3.1 Evaluation Factor 1, Past Performance. Past performance will be evaluated based on inclusion of the required information and combination of all past performance information collected by the Government. Contractor’s with more favorable past performance reviews will be viewed as having less risk to the Government.

M.3.2 Evaluation Factor 2, Price

Price will be evaluated for fair and reasonableness but not rated.

(End of Section M)