A22 - Attachment J-3 - Section L - Instructions Conditions and Notices to Bidders - 01 Sept. 2023.pdf

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

01 September 2023

L.1 GENERAL INSTRUCTIONS TO OFFERORS FOR PHASE I

L.1.1 The Government is using a two-phase procurement approach for this design-build project.

Potential Offerors are invited to submit the information described herein for review and evaluation by the

Government. Following completion of the evaluation of Phase I proposals, up to a maximum of three most highly qualified offerors will be selected to participate in Phase II. A site visit will be held for these most highly qualified Offerors following the Phase II notification.

L1.2 This is an all-electronic solicitation release. No hard copies of the solicitation will be mailed.

Notifications and Amendments to the solicitations will be posted to https://sam.gov/. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information. Responsibility for source selection resides with the Government. Proprietary information submitted in response to this solicitation will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C. Sections 210-

2107) and as implemented in the FAR. Proposals shall be unclassified and treated as Source Selection

Sensitive Information (see FAR 2.101 and 3.204).

L.1.3 Proposals must be complete, self-sufficient, and respond directly to the requirements of the solicitation. Any commitments made in the proposal shall become part of the resultant contract. Any significant inconsistency, if unexplained, raises a fundamental issue of the Offeror’s understanding and/or ability to perform the contract. This may be basis for rejection of the proposal. In no case shall statements similar to “we will comply with the requirements of the contract” or equivalent statements be acceptable to meet all the requirements of this Request for Proposal (RFP). However, the proposal shall include a declaration statement that acknowledges and accepts, without exceptions, all Statement of Work (SOW) requirements. Failure to comply with these instructions may result in an Offeror’s proposal being excluded from further consideration for award.

L.1.4 All questions concerning this procurement, either technical or contractual, must be submitted in writing electronically to the Contract Specialist and Contracting Officer. See FRP Section 00800 Clause entitled, “Question and Answer Via Email”.

L.1.5 Contract Cost Ceiling Limitation: The design and construction costs will be subject to the funds available for this project. The total contract award must not exceed $6,000,000.00 for this contract. The

Government may not be able to make an award if the dollar value for this project is exceeded.

L.2 PROPSAL FORMAT

L.2.1 File Organization: Each file must be clearly indexed and logically assembled. Text size must be no smaller than what is equivalent to Microsoft Word, Times New Roman, 11 point. A page is defined as one 8 ½ x 11-inch paper with printing on one side of the paper. Line spacing settings must be at least one and one-half (1 ½) line spacing. Margins on all four (4) edges of each page must be at least 1-inch. The proposal must be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the volumes. The information presented should be organized to pertain to only the evaluation factor in the volume that the information is presented.

Each Volume must be organized in the following order and submitted as a single file with the expectation of volume attachments and/or size limitations:

https://sam.gov/

• Cover Sheet. The cover sheet must be clearly marked as to Volume number, title, solicitation identification, and the Offeror’s name. The cover sheet will not count against page counts.

• Table of Contents. The table of contents must include all charts, illustrations, tables and any attachments for the Volume. The table of contents will not count against page counts.

• Glossary. The glossary must contain all abbreviations and acronyms used in the volume with an explanation for each. The glossary will not count against page counts.

L.2.2 File Size Limitation: Offerors are advised to limit email attachments to a limit of 10MB in total per email. If needed, Offerors are advised to break files down into smaller sections in order to ensure file delivery.

L.2.3 File Naming Convention: To ensure an Offeror’s submission is received and processed appropriately, it is important that interested parties carefully ensure their electronic files adhere to the following naming convention:

• W912EK24R0002-FIRM_NAME-VOLUME_I

• W912EK24R0002-FIRM_NAME-VOLUME_II

L.2.4 The following Volumes will be submitted and evaluated

Volume 1: General and Administrative Qualifying Criteria (Factor 1)

Volume 2: Specialized Experience (Factor 2)

L2.4.1 Volume 1 must contain a list of qualifying criteria submissions that will be evaluated per the evaluation criteria in Section M.1.3.1, Factor 1 Evaluation Scale. The qualifying criteria proposal must be organized in Volume 1 folder in the order listed in Section L and submitted per L.4.1.

L.2.4.2 Volume 2 will be evaluated per the evaluation criteria in Section M.1.3.2, Factor 2 Evaluation

Scale. Proposals must include necessary information to enable the evaluators to form a definitive conclusion concerning the Offeror’s ability to perform the required contract. The Specialized Experience must be organized in Volume 2 folder in the order listed in Section L and submitted per L.4.2.

L.2.5 Joint Venture Proposal Requirements: When proposing as joint venture, all members of the joint venture must sign the SF 1442 and prove bonding capability of both firms, unless a written agreement by the joint venture is furnished designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement must be submitted with the proposal.

Failure to comply with the foregoing requirements may result in the joint venture’s proposal being excluded from further consideration for award.

L.3 PROPOSAL SUBMITTALS

L.3.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein. However, to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the Offeror’s specialized experience necessary for successful completion of the solicitated project. Requirements stated in this RFP are minimums. Proposals should follow in the order of sequence set forth in the RFP. Information provided out of sequence may not be evaluated and may result in the Offeror’s proposal being excluded from further consideration for award.

L.3.2 Offerors must submit their proposals electronically email to bradley.j.grothus@usace.army.mil and j.c.paitson@usace.army.mil of the U.S. Army Corps of Engineers, Contracting Division no later than the time and date specified in Block 13 of the Standard Form 1442.

NOTE: The Rock Island District is in the Central Time Zone. No hard copies will be accepted.

L.3.3 Proposal Submission and Deadline: Interested Offerors must submit proposals no later than the time and date specific on the SF 1442. The time and date of proposal receipt will be the delivery time and date recorded upon email receipt. Do not assume that electronic submission will occur instantaneously; it usually takes at least a few minutes. Large files will take some time to transmit. Offerors should time their submission effort with prudence by not waiting until the last few minutes – this will allow for unexpected delays in the transmittal process and email receipt. Offerors are encouraged to keep a copy of their submission for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

NOTE: Phase I proposals DO NOT involve pricing submission.

L.4 Proposal Submission Requirements:

VOLUME 1 GENERAL AND ADMINISTRATIVE DATE

Volume 1 – General and Administrative Qualifying Criteria: One, text searchable, PDF to include information required in L4.1, No

Page Limit

VOLUME 2 SPECIALIZED EXPERIENCE

Volume 2 – Specialized Experience: One, text searchable PDF to include information required in L5.2, Five

(5) Page Limit

L.4.1 VOLUME 1 GENERAL AND ADMINISTRATIVE QUALIFYING CRITEREA (FACTOR

1)

Offerors must provide the administrative documentation as required below. The government will evaluate this information in accordance with Section M.1.3.1.

L.4.1.1 Contract Forms and Certifications

• Proposal cover letter or proposal cover page (include names, office phone, cell phone numbers and e-mail addresses for Proposal POCs). The cover letter shall include a list of names and telephone number of persons authorized to conduct negotiations on behalf of the Offeror. Within the letter, all Offerors shall acknowledge and accept, without exceptions, all statement of work requirements. Offerors shall confirm no organization conflict of interest exists, or list any conflicts and steps taken to mitigate conflict.

• Standard Form 1442: A conformed solicitation copy from this RFP with the original signature of an official authorized to contractually bind the Offeror in Block 20B of the

SF 1442 and acknowledgment of any/all amendments. The Offeror must complete the

Blocks 14-20 of the SF 1442.

• Joint Venture and Mentor-Protégé Agreements: Small business offerors (e.g., 8(a), HUBZone, SDVOSBC, etc.) submitting a proposal as a Joint Venture or Mentor-Protégé

Joint Venture must submit evidence from the Offeror's SBA Servicing Agency that the mailto:bradley.j.grothus@usace.army.mil mailto:j.c.paitson@usace.army.mil

Offeror has notified and discussed the proposed joint venture for this specific project with the appropriate SBA Representative or Business Opportunity Specialist. Joint Venture agreements and approved 8(a) Mentor-Protégé agreements must be submitted with the proposal. Joint Venture Agreements and Mentor-Protégé agreements will not be rated but must comply with the relevant regulations in Title 13 of the Code of Federal Regulations.

• Evidence of Ability to Obtain Bonding: The Offeror shall submit a letter from their bonding company exhibiting the Offeror’s ability to be bonded for this project. Include the name, address, and telephone number of the firm's bonding company, as they may be contacted.

L.4.1.2 Excluded Parties List

No submission requirement, however the government will validate the Offeror is not on the Excluded

Parties List both at the time of proposal receipt, and again prior to award (for the prospective Phase II participants).

L.4.2 VOLUME 2 SPECIALIZED EXPERIENCE

L.4.2.1 The Offeror shall submits no more than four (4), but a minimum of one (1) of each project for each facility type(s) or their equivalent, similar commercial or institutional type:

• Renovation of Administrative Office and Visitor Center

• New Construction of a Garage with Storage.

L.4.2.2 Each project must demonstrate recent, relevant experience of construction projects similar in size, scope and complexity as defined in the Statement of Work. Offerors may identify federal, state and/or local government and private contracts that are similar to the Government’s requirements. If the Offeror is a joint venture, each firm must provide information, demonstrating experience relevant to their proposed role on this contract. The Offeror shall submit projects that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer than eight (8) years preceding the date of the RFP. If any firm has multiple divisions or units, the project examples shall be limited to those performed by the division or unit submitting the offer or by the team member. Design firms may list prime contractors they have worked for on government, private, or commercial projects. If projects are design-build, identify them as such.

L.4.3 Any specialized experience provided which has a differing end use than the listed project types in

L.4.2.1 should be accompanied by a supplemental narrative (not just project lists) describing the rationale for how the project(s) is (are) similar in scope, complexity and construction type, and relevant to the nature of the project types listed in L.4.2.1.

L.4.4 The Government will evaluate the extent of recent, related experience of the prime contractor and design firm in design, construction, or design-build, as relevant to their role on this contract. If the design will be accomplished in-house, rather than by subcontract, then the design element of the specialized experience will still be evaluated, taking into account the fact that work is being done in-house. The

Offeror will potentially receive a strength during the proposal evaluation process on projects performed as a prime contractor rather than as a subcontractor, depending upon overall role and relevancy considerations. The Offeror will potentially receive a strength during the proposal evaluation process for prior Federal Government project design and construction experience.

L.4.5 The Government will consider the extent of recent experience, the degree of relationship of such experience to this project and demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this project may include, but are not limited to:

• Name/Size of Projects

• Location

• Type of work (New Construction, Renovation)

• Construction Cost

• Project Scope o Complete Renovation o Partial Renovation o New Construction/Building Addition o Interior Buildout o Site Improvements o Trades Involved

• Dates/Project Duration (design period & construction period)

• Summary of Offeror’s role in the Design/Construction of the projects (Prime, Joint

Venture, Subcontractor) o Extent of work performed o Self-performed o Subcontracted

• Project Owner’s POC for Reference (Name, Company, Telephone Number, and Email) o NOTE – These POCs may be contacted.

L.5 GENERAL INSTRUCTIONS TO OFFERORS FOR PHASE II

L.5.1 The Government is using a two-phase procurement approach for this design-build project. Up to a maximum of three most highly qualified offerors will be selected to participate in Phase II. A site visit will be held for these most highly qualified Offerors following the Phase II notification.

L.5.2 The Government will provide Phase II Instructions to Offerors via a RFP Amendment.

(End of Section L)