B09_Att_02_Clauses_Sections_L_and_M_Amnd_0002__0002.pdf

Date 02/05/2026

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

Page

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SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

The following solicitation provisions pertinent to this section are incorporated by reference (by Citation Number, Title, and Date) per the provision at FAR “52.252-1 PROVISIONS INCORPORATED BY REFERENCE” in Section L of this contract.

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

See FAR 52.252-1 for an internet address (if specified) for electronic access to a clause’s full text.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-22 ALTERNATE LINE-ITEM PROPOSAL (JAN 2017)

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (NOV 2021)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY

2014)

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS. (JUNE 1988)

The specifications cited in this solicitation may be obtained from:

(Activity address) _________________________________

(Telephone number) ______________________________

(Person to be contacted) ___________________________

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED OR PRICING DATA (NOV 2021)

(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 paragraphs. 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 product and commercial service exception. For a commercial product and commercial service 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

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

73 of 92 93 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 15-1 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 15-1 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.

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

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

(End of Provision)

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

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country 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 Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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 materials, by adding to the offered price the

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140P2026R0030

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

74 of 92 93 appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the Offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the Offeror shall be required to furnish such domestic or designated country 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)

Alternate II (Nov 2023). As prescribed in 25.1102 (d)(3), add the definition of "Bahraini, Mexican, or Omani construction material" to paragraph (a) and substitute the following paragraph (d) for paragraph (d) of the basic provision:

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the Offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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)

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a proposal guarantee in the proper form and amount, by the time proposals are due, may be cause for rejection of the proposal.

(b) 52.22The Offeror shall furnish a proposal guarantee in the form of a firm commitment, e.g., proposal 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 proposal guarantees, other than proposal bonds—

(1) To unsuccessful Offerors as soon as practicable after the contract award; and

(2) To the successful Offeror upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the proposal as accepted.

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

(d) If the successful Offeror, upon acceptance of its proposal 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 Offeror, the Contracting Officer may terminate the contract for default.

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

(End of Provision)

52.228-17 INDIVIDUAL SURETY – PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offeror shall obtain from each person acting as an individual surety on a big guarantee-

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of Provision)

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER

(JUL 2013)

The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer- Other than System for Award Management.

(1) The solicitation number (or other procurement identification number).

(2) The offeror’s name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror’s official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror’s financial agent.

Solicitation No.

140P2026R0030

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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(5) The offeror’s account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror’s financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror’s financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

(End of Provision)

52.233-2 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 Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

1 Denver Federal Center Building 50 Denver Service Center Denver, CO 80225

(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, DC 20240.

(End of Provision)

52.236-27 SITE VISIT (CONSTRUCTION) – 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—

TBD

(c) Participants will meet at—

TBD

(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): https://www.acquisition.gov/content/regulations

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 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.

(End of Provision)

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION—DEPARTMENT OF THE

INTERIOR (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.”

(a) 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

(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.

(b) 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

Solicitation No.

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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(c) 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.

(End of Provision)

INSTRUCTIONS FOR THE SUBMISSION OF OFFERS AND OTHER INFORMATION –

COMPETITIVE SOURCE SELECTION

A. OVERVIEW- DESIGN BUILD

The Government is looking for ways to streamline construction, manage labor and other resource constraints to reduce costs and achieve an aggressive schedule in executing the contract to meet the NPS’s program goals of faster project execution at lower cost, while taking advantage of industry standards, means and methods. This procurement is being conducted using the two phase, best value design-build selection process in accordance with FAR Subpart 36.3. Only those successful Offerors from Phase I will be invited to submit proposals in response to the Phase II Request for Proposals (RFP). The purpose of Phase I is to seek qualifications proposals based on relevant and recent past performance as well as the design-build Offeror’s approach to the project with respect to the anticipated role of the selected designer of record and its organization structure. Proposals will be evaluated in Phase I of the two phase design-build selection procedure in accordance with the evaluation criteria denoted herein.

Interested firms or joint venture entities (referred to as “Offerors”) submit certain specified performance capability proposals, demonstrating their capability to successfully execute design-build under the contract resulting from this solicitation. The Government will evaluate the qualifications in accordance with the criteria described below and will short-list no more than five (5) of the Phase I Offerors to compete for the contract award in Phase II.

In Phase II, the Government will provide existing conditions information and the Request for Proposal (RFP) package to the short-listed Offerors who will be requested to submit proposals for the work in accordance with the Scope of Services. In Phase II, the Contracting Officer will award one fixed price contract to the Offeror whose proposal offers the best overall value to the Government, considering the price and non-price factors described in Phase II.

In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the solicitation.

The requirements of the solicitation.

All other elements of the accepted proposal.

Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are deliverables under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

Challenges:

The successful design-build team will need creative solutions to address the following challenges:

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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Completion by a set end date.

Constrained site e.g., isolated location, very limited local material sourcing, technically challenging means and methods in water work etc.

The inherently politically and environmentally sensitive nature of the project.

Construction during normal park visitor season.

Managing the budget to achieve acceptable levels of quality in the completed project.

Partnership:

The degree of success of this project will depend largely upon the nature of the relationship between the Contractor and the Government. The Government’s intent is to work with the Contractor as an integrated team with common goals of improving quality and productivity and achieving cost savings and other economies and efficiencies across the full spectrum of performance. To the greatest degree possible, the Government intends to adopt commercial practices to accomplish these goals. The Contractor shall determine specific work methods that satisfy the performance-based requirements in the contract. The Government expects the Contractor to participate with the Government in continuous improvement activities, and proactively address risks and challenges to project success.

Special Requirements:

The Contractor shall be responsible for providing professional design services unless this responsibility is expressly excluded from the contract. In the performance of such work, the Contractor shall be responsible for retaining licensed design professionals, who shall sign and seal all drawings, calculations, specifications and other submittals that the licensed professional prepares. The Contractor shall be responsible for the adequacy and completeness of all professional design services provided under this contract.

This contract is intended for the sole benefit of the parties, no person shall be deemed a third-party beneficiary of this contract. Notwithstanding the foregoing, the Contractor shall include in all subcontracts that require professional design services express terms establishing NPS as a third-party beneficiary.

The Contractor is responsible for coordinating all activities of subcontractors. This responsibility includes coordination of the preparation of shop drawings produced by different subcontractors where their work interfaces or may potentially conflict or interfere, and the installation of such work; scheduling of work by subcontractors; and use of the project site for staging and logistics.

If the Contractor performs any of the work prior to notifying and receiving direction from the Contracting Officer, the Contractor shall assume full responsibility for correction of such work, and any fees or penalties that may be assessed for non-compliance.

The Contractor shall immediately bring to the Contracting Officer’s attention any hazardous materials or conditions not disclosed in the contract documents discovered by or made known to the Contractor during the performance of the contract. This solicitation describes the methodology to be used in the evaluation of both Phase I and Phase II proposals and provides instructions for the submission of the Phase I and II proposals. This source selection, after evaluation of all the factors may result in an award being made to an Offeror that is not the lowest priced. Following are the non-price evaluation factors that will be used in each phase:

Phase I Technical Proposal, Volume I

Factor 1 Technical Approach

Factor 2 Technical Qualifications

Factor 3 Past Performance

Phase I Business Proposal, Volume II

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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Phase II Technical Proposal, Volume I

Factor 1 Technical Approach

Factor 2 Key Personnel

Factor 3 Schedule

Factor 4 Price

Phase II Business Proposal, Volume II

B. GENERAL

1. Submit, at a minimum, an offer that conforms to the solicitation documents. By submission of an offer, the Offeror unconditionally assents to the terms and conditions in this solicitation and in any solicitation attachments.

Proposals offering alternative stipulations to the requirements of this solicitation will NOT be considered or accepted.

2. In accordance with FAR 36.209, all firms, Prime Contractors or subconsultants, involved in developing the design or specifications for this construction solicitation are not eligible and prohibited from receiving any part of this construction award. Proposals from or containing firms under these circumstances will not be considered for award.

3. Offerors must complete the System for Award Management (SAM) at https://www.sam.gov prior to submittal of proposal. The Government shall obtain Offerors’ representations and certifications through this system.

4. Contract Cost Ceiling Limitation for Design and Construction Costs: The design and construction costs will be subject to the funds available for this project. The total contract is anticipated between $5,000,000 and $10,000,000 for the base plus options, for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However, the Government may not be able to make an award if the dollar amount set for this project is exceeded.

C. QUESTIONS

Pre-proposal questions shall be submitted a minimum of 14-days prior to the due date and time for proposals with the subject line 140P2026R0030, GLCA 210865. NPS responses will be posted as an amendment to this solicitation.

Submit questions only though email to the following:

Contracting Officer, Zaira Lupidi, zaira_lupidi@nps.gov

D. OFFER DUE DATE AND LOCATION

To be considered for award, proposals must be received no later than the date and time noted in Block 13.a of the SF 1442 contained in this solicitation. Offerors are responsible for confirming their proposals are received by the due date and time.

E. SUBMISSION REQUIREMENTS

1. Proposals shall be submitted via email. Proposals submitted via any means other than email shall not be accepted.

2. Proposals shall be sent to all of the following:

a. Contracting Officer, Zaira Lupidi, zaira_lupidi@nps.gov

b. CS_DSC_Proposal_Submission@nps.gov

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3. Title subject line for all proposal submissions shall contain the solicitation number, Park-PMIS, and number of total emails, per the following example:

Subject: 140P2026R0030, GLCA 210865, email 1 of 3

4. Submit proposals in separate VOLUMES (I and II) in the FORMATS specified, containing CONTENTS required.

Each volume shall be submitted in separate email attachments.

5. Size limitations:

a. Individual email attachments shall be no larger than 38 MB.

b. Each email shall be no larger than 100 MB.

6. Offerors shall verify receipt of proposals.

F. PHASE I VOLUME I, TECHNICAL PROPOSAL – FORMAT, ORGANIZATION, CONTENTS

The Phase I offer shall consist of the Technical Proposal and Business Proposal. Submissions shall be provided using 12-point font with 1” margins. The Phase I page limitation for Volume I, Technical Proposal, is 40 pages, including all graphs, pictures, and informational packets. Not included in the page count are table of contents, section dividers, cover pages, title pages, resumes and the Gantt Chart schedule. Required contents of the submission package are detailed below.

1. FORMAT: Submit in a single PDF file titled Phase I Volume I Technical Proposal. No hard copies shall be submitted.

2. ORGANIZATION: Include the following information:

FACTOR 1 – TECHNICAL APPROACH

FACTOR 2 – TECHNICAL QUALIFICATIONS

FACTOR 3 – PAST PERFORMANCE

3. CONTENTS:

Factors 1-3 are listed in descending order of importance.

FACTOR 1 – TECHNICAL APPROACH

Technical approaches that comply with applicable contract requirements; are realistic, appropriate, and efficient;

and demonstrate logic and scope understanding present lower levels of risk and will be more favorably rated.

Approaches not demonstrating these attributes present higher levels of risk and will be less favorably rated.

FACTOR 2 – TECHNICAL QUALIFICATIONS

Technical Qualifications will be evaluated for similar size, scope, and complexity and preference will be given to proposals demonstrating (1) capability to successfully complete relevant projects of similar scope and magnitude to this solicitation; (2) technical knowledge and skill required for this solicitation; and (3) effective management, problem solving, communication, coordination, and organization present lower levels of risk and will be more favorably rated. Those not demonstrating these attributes present higher levels of risk and will be less favorably rated. NOTE: The same projects evaluated for qualifications under this factor shall also be evaluated for Past Performance (Factor #3). Projects determined more relevant under this factor will be given more weight in the past performance evaluation.

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National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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Past performance demonstrating higher levels of success and quality on more relevant projects similar in scope and magnitude to this solicitation present lower levels of risk and will be more favorably rated. Projects that are more relevant to the requirements of this solicitation, such as design build experience and steel building construction experience, will be given more weight in the overall past performance rating. Project Experience ratings (Factor 2) will be considered in determining relevancy for projects submitted under this factor. If an offeror has no past performance on similar work relevant to this solicitation, they will be evaluated neither favorably nor unfavorably.

Past performance on contracts with the Federal Government, other public agencies, or private organizations will be considered. All submitted references may not be contacted. Sources other than submitted references may be contacted. During proposal evaluations, exchanges between the Government and Offerors may occur to clarify the relevance of past performance information and/or address adverse past performance information which an Offeror has not yet had an opportunity to respond to.

Submit a written narrative describing your technical approach to meeting the design-build requirements of this contract. Additional pages will not be evaluated. Pictures and charts can be included and will count towards the page limitation. There is no preprinted form for this submittal.

Submit a general description of the tasks involved in the design build process and the approach the Offeror will take for design and construction administration. Include a discussion on how the Offeror intends to maximize the benefits of the design build process. Discuss the involvement of the design members of the Offeror’s team during construction including how design and construction members will interface during construction. Also discuss how design review comments will be incorporated and submittals will be addressed during construction.

Describe your Quality Management Plan. Submit a project specific outline of the quality control system to be used to manage the design and construction schedule, and the management system to control the quality of materials and constructed products. Describe how the quality management system(s) will interact between the design and construction functions and how it will be updated and monitored. Also describe how the system will address non-compliance issues of design and construction and how the system will facilitate strategic interaction with the Denver Service Center.

Describe your Project Management Plan to manage design and construction, project costs and schedule. Identify potential risk factors, special issues or problems and their impact on the delivery of this specific Project. Explain the approach to mitigate those project specific risks, issues, or problems.

FACTOR 2 – TECHNICAL QUALIFICATIONS

The Offeror’s construction and design entity should each demonstrate recent, relevant experience on similar projects (scope and complexity), using the Project Experience Questionnaire (Attachment 5) or the SF 330 AE Qualifications form. Offeror may identify private, state, and local government projects that are similar to the Government’s requirements. If the Offeror is a joint venture, limited liability corporation or integrated design-build firm provide experience information for design and construction, demonstrating the experience of each proposed design and construction entity as is relevant to their proposed role on this project. Submit projects that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer than five (5) years preceding the date of this solicitation. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer or by the team member. Design firms may list prime contractors they have worked for, or government, private or commercial customers. The Offeror shall select the design firm(s). If projects were design-build, so identify them. Both the prime contractor and the design firm(s) shall each submit no more than five (5) projects.

Projects will be considered similar to this procurement if they are similar in complexity, type, scope or magnitude.

The projects submitted should include the following criteria in the same format listing as below*. Criteria is listed in descending order of importance:

i. Design and Construction of roadway, parking areas, and boat ramp (including In-water construction).

ii. Work in environmentally sensitive areas and remote locations.

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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iii. Work in areas with ongoing client operations and public users.

iv. Typical project size should reflect similar project characteristics of this requirement.

v. Completed on time and within budget or include discussion on contract growth and how it was handled.

vi. Construction value of at least $7M.

vii. Additionally, projects should reflect similar features in terms of technical complexity and schedule goals.

*Projects do not have to include all of the criteria; however, this will be evaluated more favorably.

The Offeror may provide a supplemental narrative (not project lists) not to exceed two pages, explaining how any corporate experience that is not directly related to the specific projects above is applicable to this project and how the Government will benefit.

The Offeror should explain any previous teaming arrangement between the current team members, if not described in the project list. Describe team members’ experience, if not included on the project list. Offeror may describe design-build experience on other types of projects.

Submit Past Performance information for the same projects submitted under Technical Qualifications

Factor 2 using the Past Performance Questionnaire (Attachment 6). Information may be regarding the

Offeror's firm and/or its proposed subcontractors performing key trades and other construction activities.

Subcontractor past performance will only be considered if it correlates to the work the subcontractor will be performing on this requirement. If available, Offerors may submit a CPARS evaluation report in lieu of the Past

Performance Questionnaire.

Submittal process for the Past Performance Questionnaire is as follows:

i. Complete Sections I and II only of the attached Past Performance Questionnaire and forward to your client reference. The reference shall be someone who was substantially involved with the project and can provide a complete, objective assessment of your performance. Direct them to complete and submit the survey to the point of contact shown on the questionnaire by the due date and time of proposal receipt.

ii. Submit copies of the questionnaires that were forwarded to references with their point of contact information.

iii. Submit a narrative disclosing any instances of past performance that may be considered less than fully satisfactory. Describe pertinent facts, circumstances and any remedial action taken or to be taken to correct the deficiency. Failure to disclose such instances could result in an unfavorable assessment of the Offeror's past performance record.

G. PHASE I VOLUME II, BUSINESS PROPOSAL

Do not submit detailed design or pricing in the Phase I proposal. An offer guarantee is not required for Phase I.

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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1. FORMAT: Submit (1) one electronic copy. No hard copies shall be submitted.

2. ORGANIZATION: Include the following information:

COVER LETTER

SF 1442

AMENDMENTS

SECTION K REPRESENTATIONS AND CERTIFICATIONS

JOINT VENTURE AGREEMENT

BONDING CAPACITY

RESPONSE TO QUESTIONS

Cover Letter: Provide a cover letter on the Offeror’s letterhead identifying a single point of contact, address, phone number(s), and an email address where NPS inquiries, notices, and correspondence should be directed. Identify the following for both the Prime Construction Contractor and A/E: Company name, CAGE, UEI, physical address, POC email, POC phone number.

Standard Form (SF – 1442): Solicitation Offer and Award Standard Form 1442, Solicitation, Offer, and Award, (Construction, Alteration, or Repair): Complete blocks 14 through 20C only. An official having the authority to contractually bind the offeror's company must sign the SF 1442 in accordance with the procedures prescribed in FAR Part 4.102. The joint venturer’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated. All members of the joint venture shall sign the SF 1442 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal.

AMENDMENTS: Acknowledge all solicitation amendments using one of the methods set forth in Block 11 of Standard Form 30.

SECTION K REPRESENTATIONS AND CERTIFICATIONS: Submit completed copies for Representations and Certifications per Provision 52.204-8, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Provision 52.204-24, Information Regarding Responsibility Matters Provision 52.209-7, and Violation of Arms Control Treaties or Agreements-Certification Provision 52.209-13 shown in Section K of this solicitation. Complete all required representations and certifications if they are not available at www.SAM.gov. Your firm must maintain current, active registration at www.SAM.gov to be eligible for award. In accordance with FAR 4.1102, Offerors are required to be registered in www.SAM.gov at the time an offer is submitted.

JOINT VENTURE AGREEMENT: If the entity providing an offer in response to this solicitation is a Joint Venture, provide all documentation related to the Joint Venture, including but not limited to a signed Joint Venture Agreement, and any SBA review or approval documentation.

BONDING CAPACITY: Firms must submit a letter from their bonding company certifying capability of fulfilling a bonding capacity of at least $10 Million.

RESPONSE TO QUESTIONS: Judgments, Claims, and Lawsuits:

Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

No ___, Yes ___. If yes, submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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Is your entity or partners comprising your entity under suspension or debarment by any Federal, state or local agency, or been terminated on any past projects (Federal or others)?

No ___, Yes ___. If yes, submit details on a separate sheet. o Highlighted areas in Section I clauses: 52.229- 11, 52.204-24, 52.204-26, 52.209-7 and 52.209-13.

2. PHASE II VOLUME I – TECHNICAL PROPOSAL

Do not submit Phase II requirements unless requested to upon completion of Phase I evaluation.

The Government will grant a stipend of $5,000.00 to each unsuccessful Offeror that is selected to move forward to Phase II to assist in the development of the design solution. The winning Offeror will not receive the stipend. It is important to note that no stipend will be paid as part of Phase I of the procurement. To qualify for the stipend, unsuccessful Offerors must have submitted a timely and responsive Phase II proposal, which includes a Technical Proposal that meets all the minimum requirements for each Technical Evaluation Factor and a Price Proposal. Offerors that submit incomplete or unacceptable proposals are not eligible for a stipend.

Submissions shall be provided using 12-point font with 1” margins. The Phase II page limitation for Volume I, technical proposal, is 30 pages, including all graphs, pictures, and informational packets. Not included in the page count are table of contents, section dividers, cover pages, title pages, resumes and the Gantt Chart schedule. Required contents of the submission package are detailed below.

1. FORMAT: Submit in a single PDF file titled Phase II Volume I Technical Proposal Factors 1-3. No hard copies shall be submitted.

2. ORGANIZATION: Include the following information:

FACTOR 2 – KEY PERSONNEL

FACTOR 3 – SCHEDULE

FACTOR 4 – PRICE

Factors 1-3 are listed in descending order of importance. All the non-price factors (Factors 1-3), when combined, are approximately equal to price Factor 4 – Price.

a. FACTOR 1 – TECHNICAL APPROACH

The Government will evaluate the strengths, weaknesses, and deficiencies in the presented technical approach and if it demonstrates a comprehensive understanding of the requirements identified in the RFP. The Government will evaluate the clarity and strength of the proposed initial design concepts presented. Proposals that present a more complete design with logic and details for the proposed design will be more highly rated. the requirements identified in the RFP. The Government will evaluate the clarity and strength of the proposed initial design concepts presented, demonstrating conformance with the requirements as identified in the Scope of Services within this solicitation.

Proposals that present a more complete design with logic and details for the proposed design will be more highly rated.

b. FACTOR 2 – KEY PERSONNEL

Solicitation No.

140P2026R0030

Amnd 0002

National Park Service (NPS) – Denver Service Center (DSC) GLCA 210865 – Replace Wahweap Government Dock DB Phase I

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Qualifications of key personnel of proposed team to complete the design and construction services for this requirement. Submit documentation for each key individual identified in Section H of this solicitation indicating their specialized experience within the past five (5) years and their qualifications for performing design build projects or for projects with technically the same or similar commercial steel building design and erection, roadway design and construction, electrical and PV system design and construction, structural engineering, erosion control, permitting, project management, construction, and QA/QC work as required by the project. All personnel proposed are subject to substitution requirements contained in this solicitation. However, key personnel shall be available throughout the duration of the contract. There is no preprinted form for this submittal.

Provide an…