A21- W912P823R0075 Solicitation.pdf

Indefinite Delivery Indefinite Quantity (IDIQ) Design-Build, Design Bid Build Multiple Aw ard Task Order Contract repairs and maintenance of real propperty and construction services for the USACE New Orleans District, Mississippi Valley Division. The MATOC aw ard w ill be made based on the best value to the Government using the Best Value Trade-Off source selection process in accordance w ith FAR Part 15 and the tw o-phase design-build procedures in FAR 36.3. The MATOC's w ill be aw arded for a f ive-year period of performance. This procurement is

100% set-aside for Small Business. The total contract dollar capacity shared among firms w ill not exceed $98,000,000.00. The minimum guarantee amount for the entire life of the contract for each IDIQ aw ardee is $2,500. The minimum Task Order value is $250,000.00 and the maximum Task Order Value is $25,000,000.00. Specif ic w ork may include a combination of design, construction and/or repair w ithin New

Orleans Disticet (MVN) and Mississippi Valley Division (MVD) to include Vicksburg District (MVK) and Memphis District (MVM). In accordance w ith Federal Acquisition Regulations 7.107-2, the Contracting Officer has determined the use of consolidation to be necessary and justif ied.

NAKIEA B BUTLER (504) 862-1772

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

09-Jun-2023

(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 mandatory, negotiable. (See _________________________

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________10 Jul 2023 (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 _______120 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

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 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:

W912P823R0075 61

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

W912P823R0075

Section 00 01 10 - Table of Contents

SECTION 00 01 10

Section 00 10 00, Solicitation Contract Form Section 00 21 00, Instructions Section 00 45 00, Representations and Certifications Section 00 70 00, Conditions of the Contract Section 00 73 00 Supplementary Conditions

Section 00 10 00 - Solicitation

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

52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures

(Multiple-Award Contracts)

DEC 2022

52.211-6 Brand Name or Equal AUG 1999

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements--

Other Than Commercial Acquisition With Adequate Price

Competition

NOV 2021

52.217-5 Evaluation Of Options JUL 1990

52.225-22 Notice of Required Use of American Iron, Steel, and

Manufactured Goods--Buy American Statute--Construction

Materials

JAN 2021

52.236-28 Preparation of Proposals--Construction OCT 1997

252.215-7008 Only One Offer DEC 2022

252.216-7002 Alt A Alternate A, Time-and-Materials/Labor-Hour Proposal

Requirements--Other Than Commercial Acquisition With

Adequate Price Competition

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include

Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the

Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at

52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the

Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the

Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the

Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

CERTIFIED COST 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 subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial 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 being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to five (5) Indefinite Delivery Indefinite Quantity (IDIQ) contractresulting from this solicitation.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

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

Determined at the Task Order

Level

6.9%

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

Compliance Programs office.

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

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is New Orleans

District (MVN), Mississippi Valley Division (MVD), VIcksburg District (MVK), and Memphis District (MVM).

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 New Orleans District, Corps of Engineers, ATTN:

U.S. Army Corps of Engineers

ATTN: Michelle Dalmado- Contracting Division

7400 Leake Ave

New Orleans, LA 70118

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

52.252-1 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):

www.acquisition.gov

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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

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

Contractor for --

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

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

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

http://www.acquisition.gov/

Section 00 21 00 - Instructions

ATTENTION TO OFFERORS

Offeror(s) may be asked to provide the following information for the Government’s use in the determination of offeror(s) responsibility, pursuant to FAR Part 9. Do not include it with your offer.

1. Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal/calendar year and certified by an officer of the company.

2. The name of your banking institution, telephone number and the name of the individual to contact for a line-of-credit reference. (If you are notified of being in the competitive range, please contact your bank reference to let him/her know our office will be calling for financial information.)

Bank Institution ________________________________

Telephone Number ______________________________

Contact ________________________________________

Email Address __________________________________

3. Tax Identification Number ________________________

4. List of present work to include agency or firm name, address, telephone number, and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list) Will performance of the present work inhibit your ability to perform this contract? ___________

5. Offeror’s email address: ____________________________________

Return completed form with all attachments to:

Email: Nakiea.B.Butler@usace.army.mil

EVALUATION AND SUBMISSION

PROPOSAL EVALUATION AND CONTRACT AWARD

A. BASIS FOR AWARD

The MATOC award will be made based on the best value to the Government by using the

Best Value trade-off source selection process in FAR Part 15 and two-phase design-build procedures in FAR Part 36.3. The MATOCs will be awarded for five-year period of performance. This procurement is 100% set-aside for Small Business. The total contract dollar capacity shared among firms will not exceed $98,000,000.00. The minimum guarantee amount for the entire life of the contract for each IDIQ awardee is $2,500. The minimum Task Order value is $250,000.00 and the maximum Task Order value is

$25,000,000.00. The Government intends to award a target of four (4) (maximum five (5) awardees sharing a total capacity of $98M whose proposal, conforming to the RFP, will be most advantageous to the Government resulting in the Best Value. Task Orders will be competed amount the pool of contracts and primarily awarded on a firm-fixed price basis.

The requirement is for various types of repairs and maintenance of real property and construction services to include new construction and renovation to large civil works projects including flood control, river navigation facilities, maintenance and office facilities, roadways and recreational facilities, and river levees. Specific work may include a combination of design, construction and/or repair within the New Orleans

District (MVN) and Mississippi Valley Division (MVD) to include Vicksburg District

(MVK) and Memphis District (MVM).

The government will initially evaluate offerors’ proposals submitted in response to Phase One

(1) of this solicitation.

Phase One (1) evaluation factors are as follows:

FACTOR 1: EXPERIENCE

FACTOR 2: TECHNICAL APPROACH

FACTOR 3: PAST PERFORMANCE

All three Phase One evaluation factors are of approximately equal importance. After evaluation of Phase One, the government will select up to seven (7) of the most highly qualified firms to submit Phase Two (2) proposals. Upon the conclusion of Phase One

(1), the solicitation will be amended to include the Phase Two (2) evaluation factors including price and the scope of work for the first Task Order that will be awarded along with the MATOC IDIQ contracts. Phase One (1) submissions and evaluations will not be carried over into Phase Two (2). All offerors selected to propose for Phase Two (2) will be evaluated only on the Evaluation Factors outlined in the Phase Two RFP.

PHASE ONE (1) DOES NOT INVOLVE ANY SUBMISSION OF PRICING

INFORMATION.

B. SCOPE OF WORK

Work on civil systems may include: waterstop installation, potable & wastewater systems, underground utilities, drainage culverts, geotechnical investigations, explorations, and testing, river bank stabilization, irrigation systems, paving, striping, site fencing, site grading, stormwater pollution prevention, and river levee rehabilitation.

Work on structural/architectural systems may include: structural concrete, mass concrete, structural frames (including steel, aluminum, FRP), machinery supports and seismic bracing, hydraulic steel structures (primarily metal fabrication and machining), Corps of Engineers paint systems (including vinyl), fall protection systems, pre-engineered buildings, manufactured buildings, building interior renovation, elevators, roofing, waterproofing, firestop systems, and building exterior envelope renovation, and installation or removal of piles (concrete, steel, or timber) and sheet-piling accessed from land or using a work barge; installation, repair, retrofit or removal of existing buildings, bulkheads, docks, dolphins, guidewalls (pile-founded and floating), steel gates, and gate anchorages; buildings may be either at grade or elevated; gates may be barge, miter, sector, sluice, tainter, or other types.

Work on electrical systems may include: Information & Communication Technology (ICT), fiber optic, motor control, instrumentation & controls (e.g. PLC, SCADA), commercial/industrial lighting, fire & security systems, shore power (dockside) systems, cathodic protection systems, solar photovoltaic systems, low and medium voltage distribution (at most 15KV), lightning protection, and diesel generators.

Work on mechanical systems may include: construction or repair of the following systems: fire protection, HVAC, pumping (less than 500 HP), compressed air, hydraulic power systems (less than 50 HP), pneumatic systems, mechanical/linkage systems, cranes and hoists (less than 10 tons), and general/industrial plumbing.

C. PHASE ONE FACTORS TO BE EVALUATED

The following evaluation factors will be used to evaluate each proposal. All three Phase One evaluation factors are of approximately equal importance.

The Government will evaluate and assess the extent of an offeror’s relevant Construction and

Design-Build experience and proposed team’s experience (design firm and major subcontractors) on projects completed in the last ten (10) years or at least 50% complete at the time proposals are due. The Government will evaluate the offeror’s depth and breadth of experience on different types of relevant design capability and construction types. The Government will evaluate a minimum of three projects but no more than five projects for each prime contractor and designer and a minimum of two but no more than three projects for each major subcontractor

(Mechanical, Structural, Electrical, Civil) as listed by the offeror on Attachment A, Experience

Overview Sheet and as further described on Attachment B, Experience Information Form.

Projects described in 1) – 3) below will be considered more relevant and rated more favorably if:

1) projects wherein the design was facilitated for the end user/customer from design concept through 100% design completion including construction of the design; 2) projects that demonstrate experience with multiple civil works type construction trade categories; and 3)

Projects with previous teaming experience between the offeror and proposed team.

The combined experience demonstrated by the submitted projects must address the following (A-

C):

A. “Design-Build” construction is defined as a civil-works type project in which the contractor is provided less than a full design and is required to: complete the design with a state licensed

Architect Engineer (A-E); participate in design review; and accomplish full construction of the designed project.

B. Projects will be considered relevant if they:

1. Are valued at $250,000 or larger; and

2. Collectively the projects submitted must include general construction and/or design service requirements similar to the following construction or repair on:

a.) Work on civil systems may include: waterstop installation, potable & wastewater systems, underground utilities, drainage culverts, geotechnical exploration and testing, riverbank stabilization, irrigation systems, paving, striping, site fencing, site grading, stormwater pollution prevention, and river levee rehabilitation.

b.) Work on structural/architectural systems may include: structural concrete, mass concrete, structural frames (including steel, aluminum, FRP), machinery supports and seismic bracing, hydraulic steel structures (primarily metal fabrication and machining), Corps of Engineers paint systems (including vinyl), fall protection systems, pre-engineered buildings, manufactured buildings, building interior renovation, elevators, roofing, waterproofing, firestop systems, and building exterior envelope renovation, and installation or removal of piles (concrete, steel, or timber) or sheet piles accessed from land or using a work barge; installation, repair, retrofit or removal of existing buildings, bulkheads, docks, dolphins, guidewalls (pile founded and floating), gates, and gate anchorages; buildings may be either at grade or elevated; gates may be barge, miter, sector, sluice, tainter, or other types.

c.) Work on electrical systems may include: Information & Communication

Technology (ICT), fiber optic, motor control, instrumentation & controls (e.g. PLC, SCADA), commercial/industrial lighting, fire & security systems, low and medium voltage distribution (at most 15KV), lightning protection, and diesel generators.

d.) Work on mechanical systems may include: construction or repair of the following systems: fire protection, HVAC, pumping (less than 600 HP), compressed air, hydraulic power systems (less than 50 HP), cranes and hoists (less than 10 tons), general/industrial plumbing, shore power (dockside) systems, cathodic protection systems, and solar photovoltaic systems.

C. Experience provided for proposed design firm and major subcontractors will only be evaluated if a letter of commitment is signed by each proposed firm and submitted with the proposal. A letter of commitment is not required if the offeror is a joint-venture, and the firm is part of the joint-venture agreement.

The government will evaluate and assess the offeror’s understanding of the requirements, feasibility of the proposed technical approach, and risks and mitigation in the execution of task order projects wherein the Government provides minimal or limited design consisting of informational drawings and functional/performance specifications. The purpose of this factor is to determine whether the offeror has appropriate understanding of the design-build process and is not intended to limit an offeror to any proposed technical solution or to allow an offeror to provide less than the minimum requirements for Phases One and Two of the solicitation.

Based on your understanding of the MATOC scope of work, describe your technical approach for design- build task order projects wherein the Government provides minimal or limited design consisting of informational drawings and functional/performance specifications. This narrative shall not exceed fifteen (15) pages. Pages in excess of this limitation will be removed and not evaluated by the Source Selection Evaluation Board. Offerors shall address the following areas in your technical approach to include any risks and the proposed approach for risk mitigation:

Organization. Provide an organizational chart showing the reporting structure and lines of authority for the proposed team key functions such as project manager, superintendent, lead designer, safety manager, Design Quality Control Manger, Contractor Quality

Control Manager, and others. Without identifying by name, describe the role of the key functional members during design and construction.

Cost effectiveness and expedited completion. Describe your process for providing a task order proposal that is cost-effective and will allow you to expedite completion of the project.

Describe your approach to streamlining design and construction resulting in reduced costs and achievement of aggressive schedules with consideration to operational or environmental restraints.

Communication and coordination. Describe your communication and coordination approach within the design-build team, and with the government during the design and construction phases. Describe your approach to facilitate design and construction submittal reviews. Describe in detail the Designer of Record’s involvement throughout the entire project period.

Quality control. Describe your approach for quality control for both design and construction.

Include: quality control organization; review of design; verification of construction materials; construction inspection; permit compliance; project documentation; and change request process.

The ratings and descriptions provided in the table that follows will be utilized by the government in the evaluation of Phase One, Factor 1. Experience and Factor 2. Technical

Approach. The ratings and descriptions will also be used in the evaluation of all Phase

Two factors except for price. Phase One, Factor 3, Past Performance is evaluated based on a performance assessment confidence rating and is described in detail within the Past

Performance Factor.

Combined Technical/Risk Ratings

Adjectival Definition

Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good

Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or and/or risk of unsuccessful performance is unacceptable. Proposal is not awardable.

The government will evaluate and assess the offeror’s (and proposed team’s) record of performance on relevant projects to ascertain the offeror’s ability to meet the solicitation requirements of the MATOC scope of work. The past performance evaluation considers each offeror’s demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. 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. These shall be combined to establish a performance confidence assessment rating for each offeror.

In the event an offeror lacks any record of relevant past performance, the offeror’s past performance will be evaluated neither favorably nor unfavorably and will receive an Unknown

Confidence (neutral) rating.

There are three aspects to the past performance evaluation: Recency, Relevancy (including context of data) and Quality (including general trends in Contractor performance and source of information) assessment and performance confidence assessment. All three aspects must be considered for each of the contracts or requirements evaluated.

a.) Recency: The first aspect is to evaluate the recency of the offeror’s past performance. Recency is generally expressed as a time period during which past performance references are considered relevant and is critical to establishing the relevancy of past performance information. For the purposes of this solicitation, data submitted for evaluation of past performance shall not extend past ten years prior to the issue date of the solicitation but may include performance data generated during the past six years without regard to the contract award date. The government will consider Past Performance Questionnaires, interviews, CPARS, and any other sources available to it regarding past performance for this factor.

b.) Relevancy: The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. For this procurement, relevancy is defined as projects that are valued at

$250,000 or larger; and included general construction and/or design service requirements similar to the listing of relevant jobs under Factor 1, section B, item 2 of this solicitation. In establishing what is relevant for the acquisition, consideration will be given to those aspects of an offeror’s history of contract (or subcontract) performance that would provide the most context and give the greatest ability to measure whether the offeror will successfully satisfy the current requirement.

Common aspects of relevancy include but are not limited to: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel

(for services), and extent of subcontracting/teaming.

PAST PERFORMANCE RELEVANCY ASSESSMENT. The government will utilize the four levels of relevancy identified in the table below to determine how relevant a recent effort accomplished by the offeror is to the scope of anticipated work under this MATOC. For this procurement, relevancy is defined as projects that are valued at $250,000 or larger; and included general construction and/or design service requirements similar to the listing of relevant jobs under Factor 1, section B, item 2 of this solicitation.

Past Performance Relevancy Ratings

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat

Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

c. Quality: The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance. The quality past performance evaluation conducted gathers information from the offeror’s customers to determine how well the offeror performed those past contracts. This quality assessment will be reflected in the overall confidence assessment described above.

PERFORMANCE CONFIDENCE ASSESSMENT. The government will assess the quality of the offeror’s past performance by determining how well the contractor performed on the contracts evaluated as relevant. Based on this assessed quality, the government will arrive at a performance confidence assessment for the offeror, selecting the most appropriate rating from the chart below.

Performance Confidence Assessments

Rating Description

Substantial

Confidence

Based on the offerors recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory

Confidence

Based on the offerors recent/relevant performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral

Confidence

No recent/relevant performance record is available, or the offerors performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited

Confidence

Based on the offerors recent/relevant performance record, the

Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offerors recent/relevant performance record, the

Government has no expectation that the offeror will successfully perform the required effort.

D. PROPOSAL SUBMISSION REQUIREMENTS

THE ONLY AUTHORIZED TRANSMISSION METHOD FOR PROPOSALS IN RESPONSE

TO THIS SOLICITATION IS THROUGH THE U.S. ARMY CORPS OF ENGINEERS, NEW

ORLEANS DISTRICT AND THE DoD SAFE (Secure Access File Exchange) website at:

https://safe.apps.mil

NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED. INSTRUCTIONS FOR SUBMITTING

ELECTRONIC PROPOSALS:

The New Orleans District will utilize the DoD Safe website for…