A.2.11.3 W9128A22R0003 Request for Proposal.pdf

SPECIFICATIONS

FOR

$495M Unrestricted Multiple Award Task Order Contract (MATOC) for Design-Build and Design-Bid-Build

Construction Services for the State of Hawaii

U.S. Army Corps of Engineers

HONOLULU DISTRICT

REQUEST FOR PROPOSAL W9128A22R0003

$495M Unrestricted Multiple Aw ard Task Order Contract (MATOC) for Design-Build and Design-Bid-Build Construction Services for the State of Haw aii.

The North American Industry Classif ication System (NAICS) code for this acquisition is 236220, w ith a size standard of $39,500,000.

This is an unrestricted requirement.

* See Individual Task Orders ** See Section 00 22 16

COLIN K WAKI (808) 835-4393

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

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

NEGOTIATED

16-Mar-2022

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Apr 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

BLDG 230 OTAKE ST.

FORT SHAFTER HI 96858

W9128A

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128A22R0003 1 OF 157

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9128A22R0003

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job Base Period (5-Years)

FFP

The duration of this MATOC will be a maximum of seven (7) years - a base ordering period of five (5) years and one (1) option ordering period of two (2) years. The MATOC will not exceed a cumulative total of $495,000,000.00 for all task orders awarded under this solicitation.

The MATOC will not exceed a cumulative total of $495,000,000.00 shared amongst all awardees.

FOB: Destination

PSC CD: Z2JZ

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 1 Job OPTION Option Period 1 (2-Years)

FFP

FOB: Destination

PSC CD: Z2JZ

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 1 Job OPTION Option (If 52.217-8 is exercised)

FFP

FOB: Destination

PSC CD: Z2JZ

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 5 yrs. ADC 1 E&C, FORT SHAFTER AREA OFFICE

PHAT PHUNG

USAED HONOLULU BLDG 230

FT SHAFTER HI 96858-5440

FOB: Destination

W9128A

0002 2 yrs. AOE 1 (SAME AS PREVIOUS LOCATION)

0003 6 mths. AOE 1 (SAME AS PREVIOUS LOCATION)

RFP No. W9128A22R0003

Section 00 10 00 – 1

NOTES:

1. The Government will provide all MATOC Awardees a fair opportunity to be considered for award for every MATOC solicitation unless an exemption under FAR 16.505(b)(2) and DFARS 216.505(b)(2) applies.

2. The minimum guarantee for the pool of contractors is $2,000 per contractor for the base period only. A minimum guarantee will not be applicable to the optional periods of performance.

3. All interested prime and sub-contractors are recommended to participate in and review the Interested Vendors List available in the solicitation announcement on SAM.gov (Solicitation No. W9128A22R0003).

A contractor must be registered and signed into SAM.gov in order to access the Interested Vendors List function.

4. MEASUREMENT AND PAYMENT. Compensation for all work to be performed under this contract will be made under the payment item(s) listed in the task order. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and the cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District Area Office to be determined with award of each task order

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 380554-5005

Section 00 21 16 – 1

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.207-2 Notice Of Streamlined Competition MAY 2006 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I OCT 1997 52.216-27 Single or Multiple Awards OCT 1995 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a construction contract resulting from this solicitation. The Government intends to issue Firm-Fixed-Price task orders under the awarded MATOC.

(End of provision)

52.217-3 EVALUATION EXCLUSIVE OF OPTIONS (APR 1984)

*(To be provided as applicable, in accordance with individual task order(s)).

The Government will evaluate offers for award purposes by including only the price for the basic requirement; i.e., options will not be included in the evaluation for award purposes.

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

Section 00 21 16 – 2

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.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

69.1% 6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in

Section 00 21 16 – 3 excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

Section 00 21 16 – 4 equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

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

(ii) May be accepted if revised during negotiations.

52.225-12 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 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

Section 00 21 16 – 5

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

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(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 Act-- 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 Act 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 Act 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 Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the 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, 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 Bahrainian, 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 Bahrainian, 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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

DEPARTMENT OF THE ARMY

Contracting Division (CEPOH-CT)

Section 00 21 16 – 6

U.S. Army Corps of Engineers, Honolulu District ATTN: Contracting Officer Building 252 Fort Shafter, HI 96858-5440

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

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) Site visits may be arranged during normal duty hours by contacting:

Name:

Address:

Telephone:

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

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

(b) An organized site visit has been scheduled for-- [Insert date and time]

(c) Participants will meet at-- [Insert location]

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/

Section 00 21 16 – 7

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

Section 00 21 16 – 8

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

Section 00 21 16 – 9

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

Section 00 21 16 – 10

252.236-7006 COST LIMITATION (JAN 1997)

*(To be provided as applicable, in accordance with individual task order(s)).

(a)Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b)An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c)Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which--

(1)Are materially unbalanced for the purpose of bringing items within cost limitations; or

(2)Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

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

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

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

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

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

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section 00600, Representations and Certifications and register in Central Contractor Registration (CCR) as a joint venture.

[End of Statement]

S-19.1 APPROVAL OF SUBCONTRACTING PLAN

If the Contract Clause in this solicitation entitled "Small Business Subcontracting Plan" or its Alternate I or II applies, no award will be made until the subcontracting plan under the stated clause is approved.

Section 00 21 16 – 11

S-19.3 SMALL DISADVANTAGED BUSINESS GOAL FOR SMALL BUSINESS SUBCONTRACTING

PLAN

When a small business subcontracting plan is required by FAR clause entitled, “SMALL BUSINESS SUBCONTRACTING PLAN”, the minimum goal that will be accepted for subcontracting with Small Disadvantaged Business is five percent (5%).

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

Type in physical characteristics

(b) Estimated Price Range: The estimated price range of this work is:

Input range

S-36.4 PRE-PROPOSAL CONFERENCE (JUL 1995)

a. A pre-proposal conference will be conducted by the Government on Insert date starting at Insert time in Insert room & location. All planholders (prime contractors, subcontractors, and suppliers) are urged to attend this conference. Planholders who plan to attend should notify the Government of the number of attendees before the date of the conference. Notification can be made as follows:

(1) Telephone: Insert phone no.

Point of Contact: Insert POC

(2) Facsimile: Insert FAX

(3) Mail: U.S. Army Corps of Engineers, Honolulu District Building 230 ATTN: Insert Office Symbol & POC Fort Shafter, Hawaii 96858-5440

b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written, signed questions will be accepted, and will be answered during the conference if time permits.

c. A complete record of the conference, including questions raised by planholders and answers provided by the Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or explanation given at the conference will not qualify or change the terms of the request for proposal (including the plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an

Section 00 21 16 – 12 amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance and acknowledgement of receipt will apply.

d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.

below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per diem, and hotel accommodations.

e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00100 for information on the pre-proposal site visit.

Section 00 22 10 – 1

Section 00 22 10 – Phase 1 of 2 Phases Design-Build/Design-Bid-Build Selection Procedures

1.0 OVERVIEW

1.1. The Honolulu District intends to award a target of 5 Multiple Award Task Order Contracts (MATOC).

1.2. This solicitation will be evaluated under the Two-Phase Design-Build/Design-Bid-Build Process. In

Phase One, interested firms or joint venture entities (referred to as “Offerors”) may submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build/design-bid-build construction MATOC resulting from this solicitation. The Government will evaluate responsive proposals based on the Phase One evaluation criteria herein.

1.3. After evaluation of the Phase One proposals the Government will select a target of 10 of the most highly qualified offerors to be invited to submit proposals for Phase Two of the solicitation.

1.4. It is not intended for the Offerors to complete and provide price information in Phase One.

1.5. In Phase Two, the selected Offerors will submit a technical and Price Proposals for the solicitation

CLINs, escalation rates, and overhead rate and a price proposal for a sample project. The Government will evaluate the Phase Two proposals in accordance with the criteria described in the Section 00 22 20.

1.6. All designs under this contract must be developed under the direct supervision of appropriately licensed professionals for each discipline involved.

2.0 BASIS OF AWARD: Selection for award will be determined using the Tradeoff Process in accordance with FAR 15.101. This process permits tradeoffs among cost or price and non-cost/price (technical) factors and allows the Government to accept other than the lowest priced proposal. All evaluation factors other than cost or price, when combined, are significantly more important than price.

3.0 GENERAL INSTRUCTIONS: The Phase One proposals must be organized by the sections indicated below:

4.0 PHASE ONE PROPOSAL CONTENTS AND EVALUATION FACTORS

Location Description Factor Relative Importance

Volume 1, Tab A Cover Letter in accordance with FAR 52.215-1

Standard Form 1442, including acknowledging all amendments

Joint Venture Information (if applicable) Representations and Certifications

N/A

Technical Factors Volume 1, Tab B Factor 1 – Past Performance Most important factor Volume 1, Tab C Factor 2 – Organization / Management

Team Factor 2 is less important than Factor

Volume 1, Tab D Factor 3 – Bonding Capability Go/No Go

5.0 VOLUME 1, TAB A

5.1. Submit a Cover Letter in accordance with FAR 52.215-1. Indicate whether you are a Small Business and/or a certified HUBZone Small Business under the size standard for NAICS 236220.

Section 00 22 10 – 2

5.2. Submit the Standard Form 1442, completed and signed by a person authorized to bind the company in accordance with the instructions at FAR 4.102.

5.3. Joint Venture Prime Contractors:

If the offeror is a Joint Venture a copy of the joint venture agreement shall be submitted with the proposal. 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. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

If the Offeror is a Limited Liability Company, include a copy of the Articles of Organization and

Operating Agreement.

5.4. Representations and Certifications: Submit completed provisions in Section 00 45 00.

6.0 VOLUME 1, TAB B – FACTOR 1 – PAST PERFORMANCE

There are three aspects to the performance confidence evaluation: recency, relevancy and quality of past performance. In accordance with FAR 15.305(a)(2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered. All recent projects will be evaluated for the relevance and quality of performance will be combined to establish one performance confidence assessment rating for each Offeror.

6.1 SUBMISSION REQUIREMENTS:

Submit Experience Information for Construction or Prime Contractor (Section 00 22 10, Attachment

1) for each project to be submitted under Factor 1. Also provide performance assessment as described in paragraph 6.5 Performance Assessment.

6.2 RECENCY OF PAST EXPERIENCE:

For a project to be recent, projects shall be completed, or currently in progress with at least 80% construction completed of the current contract value, within the past ten years as of the date the solicitation was issued.

6.3 RELEVANCY OF PAST EXPERIENCE:

These projects must be of relevant scope and complexity to the solicited project. The Offeror shall submit information on at least four (4), but no more than seven (7) completed projects demonstrating the Offeror's recent and relevant experience. At least two (2) of the relevant projects must be design-build.

A relevant construction project is further defined as a construction project with a value of $20,000,000 or more performed under a single relevant task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather offerors shall submit the work performed under a task order as a project.

For purposes of this evaluation, to be considered a relevant construction project, the project must involve one of the following types of work:

(1) New construction, repair or renovation of existing multi-story administrative facilities

(headquarters, operational, and administration/office buildings, etc.)

Section 00 22 10 – 3

(2) New construction, repair or renovation of existing scientific, medical and dental facilities, data centers and industrial facilities (clinics, hospitals warehouses, hangars, aircraft shelters, maintenance buildings, etc.)

(3) New construction, repair or renovation of existing educational facilities (schools, childcare centers, training ranges or buildings etc.)

(4) New construction, repair or renovation of existing community support facilities (multi-story, multi-unit Bachelor Enlisted Quarters (BEQ) dormitory/condominium/apartments, living quarters, reserve centers, dining facilities, auditoriums, recreational facilities, theaters and retail, etc.)

(5) New construction, repair or renovation of shore protection or flood mitigation facilities.

Projects must have been performed by the Offeror. Projects submitted that were not performed by the Offeror will not be evaluated. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer. If projects were design-build, identify them as such.

The information that is required to be supplied is identified on the form provided entitled "EXPERIENCE INFORMATION" (Attachment 1).

6.4 EVALUATION CRITERIA

The Government will review the project descriptions submitted, subject to the established quantity limitations, to ensure the past performance requirements have been met. Past performance in the following project types may be considered additional strengths.

Construction project performed as a prime contractor.

Construction project with a construction value of $50,000,000 or more Projects which were constructed within the State of Hawaii Offerors demonstrating past performance with relevant projects in a variety of different types of work (see 6.1 (1) – (5) above).

6.2.1 PHASE 2 EVALUATION

The information provided in the Offeror’s proposal for this evaluation factor will be carried over for use in evaluating of the Offeror, if selected, during Phase 2 of the solicitation. In Phase 2 of this solicitation, Offerors will not be allowed to submit revisions to its original proposal for Factor 1 – Past Performance. Any supplemental information or revisions provided for this factor during Phase 2 will not be evaluated.

6.5 PERFORMANCE ASSESSMENT

For each of the projects submitted, provide a copy of the Contractor Performance Assessment Reporting System (CPARS) report. If CPARS does not exist please provide a Past Performance Questionnaire (PPQ) (Attachment 2) to a representative of the owner. The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1, Past Performance of Construction Contractor. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 2), which will provide contract and client information for the respective project(s).

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact at W9128A22R0003@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Offerors may use previously completed PPQs and do not need to have one

Section 00 22 10 – 4 completed specifically for this project but must include it as a hardcopy.

In addition to the above, the Government may review any other sources of information for evaluating past performance for any project. Other sources may include, but are not limited to, past performance information retrieved through the Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Assessment Reporting System (CPARS) or other databases using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company / subsidiary/ affiliate) identified in the Offeror' s proposal; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. The information obtained from these sources will be evaluated supplementary to the past performance questionnaires. In reference to the contracts pulled from these sources, the relevancy of the projects, completion dates, ratings and comments in the individual categories and overall ratings will be considered in making the overall confidence assessment.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance…