Attachment 2 - Draft Specification Sections.pdf

DRAFT for Industry Feedback

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

A. GENERAL DESCRIPTION OF WORK

The work consists of the construction of an approximately 3,900 feet long and 300 feet wide bypass channel consisting of a floodwall on the east side (right bank) and an earthen levee on the west side (left bank). The project includes a combination of flood risk management, betterment features, pedestrian walkways and bridges, lighting, plaza parks, landscaping, kayak launches, accessibility with signage, stop logs, storage areas, and stormwater infrastructure. This solicitation is for a Design-Bid-Build, Firm-Fixed Price, TBD contract in Fort Worth, Texas.

B. OFFERS, QUESTIONS, AND COMMENTS

1. All questions and/or comments are to be submitted via ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to webpage, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

2. The Solicitation Number is: TBD The Bidder Inquiry Key is: TBD

3. The last day to submit ProjNet questions is seven (7) calendar days prior to proposal closure date to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

C. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay as a direct charge any costs incurred by the Offeror in the preparation and submission of its proposal or revisions. A stipend is not authorized for unsuccessful offerors.

D. SITE VISIT

Pursuant to Contract Clause "FAR 52.236-3, Site Investigation and Conditions Affecting the Work," prospective offerors will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the Contract to the extent such information is reasonably obtainable. Offerors are urged and expected to inspect the site where the work will be performed. Reference Section 00 21 30 for site visit details.

E. PROPOSAL SUBMISSION

1. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted electronically via the Procurement Integrated Enterprise Environment (PIEE) Solicitation module;

no hard copies will be accepted. Any portion of the proposal that is changed (as a result of negotiations or proposal revisions) should be annotated and dated. Each volume shall be clearly labeled with its Title and Volume number.

Each paragraph should be single spaced and shall be separated by at least one blank line. All narratives shall be in Adobe PDF format and shall be on 8 ½ x 11 size pages and a standard, 12-point minimum font size applies.

Schedule Diagram, Drawings and Organizational Chart shall be in Adobe PDF format and shall be on 11 x 17 size pages. Where page limitations are specified, 11 x 17 size pages will be considered as one (1) page. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be produced in landscape mode. All volumes must be received by the closing date and time set for receipt of proposals. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

b. The following volumes of material shall be submitted:

Volume Title Digital Copies Maximum

Pages

I Technical 1 See below factors and

Section 00 22 16

II Offeror’s Certifications and Price

1 No page limit

NOTE: Pages that exceed the required page limitations will not be evaluated.

Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

c. Proposal Formats/Sections

(i) Cover Page. Include the title of the solicitation, solicitation number, offeror name and date of the submittal.

(ii) Table of Contents. Each volume of the proposal shall contain a detailed table of contents. If more than one Adobe PDF file is used for a volume, the complete table of contents shall be included in each. Any materials submitted but not required by this solicitation (such as company brochures) shall be relegated to appendices.

(iii) Do not cross-reference similar material in the Technical & Price Proposal, or vice versa. No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

(iv) Offerors are advised to follow the PIEE instructions for uploading files.

Additional instructions/guidance can be found at https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

(v) Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the delivery time & date recorded within PIEE suite at https://piee.eb.mil/. Do not assume that electronic submission will occur instantaneously. Large files may take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. It is the offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the Fort Worth District Contracting office. If the Solicitation Module is down, the alternate method for proposal submission is via email to: TBD@usace.army.mil ONLY. The Offeror must obtain prior approval from the Contracting Officer: TBD@usace.army.mil to use the alternate submission method.

Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission.

d. Joint Venture and LLC Proposal Requirements

(i) A copy of the joint venture agreement shall be submitted with the proposal.

Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or HUBZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

(ii) A small business joint venture offeror must submit, with its offer, the representation required in Section 00 45 00, Representations and Certifications, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

or

(D) Historically underutilized business zone small business.

(iii) When proposing as an LLC, the offeror must submit a copy of the operating agreement or other documentation which clearly demonstrates the authority to bind the LLC (authorized signature authority on the contract) in accordance with agency/business law requirements.

e. Bonds format

(i) Offerors shall submit bid bonds (Standard Form 24) in electronic format.

Electronic copies of bid bonds shall be included in Volume II: Offerors Certifications.

Hard copies of bid bonds with the raised seal are no longer required to be mailed in at this time and are not to be sent to the contracting office. Verification of Bid Bonds with sureties will be completed during the evaluation process and before award. Bid bond submissions shall be due by the proposal due date and time. Offerors are responsible for the accurate submission of the Bid Bonds with all signatures and seals applied.

2. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled.

Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and Request for Proposal (RFP) number in the header and/or footer.

b. The following additional restrictions apply:

(i) File Packaging.

Files submitted to PIEE shall be named as follows:

W9126G24R0133_COMPANY NAME_VOLUME I

W9126G24R0133_COMPANY NAME_VOLUME II

c. Content Requirement.

(i) Each offeror must submit a TECHNICAL PROPOSAL (Volume I) and

PRICE PROPOSAL (Volume II). All volumes must be submitted as separate volumes/files as outlined in paragraph 2b above. Do not cross-reference similar material in the TECHNICAL and PRICE Proposals, or vice versa.

(ii) The Technical and Price Proposals must be received by the closing date and time set for receipt of proposals. No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

(iii) Do not include exceptions to the terms and conditions of the solicitation in either the Technical or Price Proposals. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to the submission of the offer.

(iv) The data criteria specified for each factor identified herein, shall be submitted as part of the proposal.

E. SOLICITATION PROVISIONS

Solicitation provisions are included in section 00 22 16, Supplementary Instructions to Proposers, of the solicitation.

SECTION 00 22 16

DESIGN-BID-BUILD SELECTION PROCEDURES

This Request for Proposal (RFP) solicits for the construction of an approximately 3,900 feet long and 300 feet wide bypass channel consisting of a floodwall on the east side (right bank) and an earthen levee on the west side (left bank). The project includes a combination of flood risk management, betterment features, pedestrian walkways and bridges, lighting, plaza parks, landscaping, kayak launches, accessibility with signage, stop logs, storage areas, and stormwater infrastructure. This solicitation is for a Design- Bid-Build, Firm-Fixed Price, TBD contract in Fort Worth, Texas.

The Tradeoff Process permits the tradeoffs among cost, price and/or non- cost factors and allows the Government to accept other than the lowest priced proposal. Offerors submit their performance and capability information for review and consideration by the Government.

Relative weights among technical factors are provided in this section. The Source Selection Evaluation Board (SSEB) reviews, evaluates, and rates the proposals against the source selection criteria in the RFP. A competitive range consisting of the most highly qualified technical offerors will be established prior to discussions (if held).

Concurrently, the Government analyzes price proposals of Offerors utilizing the project cost proposal. Price will not be rated but will be a factor in making the final best value determination for award. The Source Selection Authority (SSA) compares proposals and determines the best value for the government. The perceived benefits of the higher priced proposal must merit the additional cost, and the rationale for tradeoffs must be documented.

A. DEFINITIONS

Significant Strength. An aspect of an Offeror’s proposal with appreciable merit or exceeding specified performance or capability requirements to the considerable advantage of the Government during contract performance.

Strength. An aspect of an offeror's proposal with merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).

B. BASIS OF AWARD

The Contracting Officer will award a firm fixed-price contract to the responsible Offeror whose proposal the Source Selection Authority determines conforms to the solicitation, is fair and reasonable with regard to pricing, and whose proposal offers the best overall value to the Government, considering the price and non- price factors described herein.

All evaluation factors, other than price, when combined, are considered significantly more important than the price; however, the Contract award may not exceed the cost limitation described in the solicitation. The intent of this solicitation is to obtain the best value proposal within the contract cost limitation. There is no obligation to approach or match the contract cost limitation in the offer. As part of the evaluation, the Government will evaluate proposals relative to the minimum standards in the RFP to determine if they offer additional value to the Government. In addition, innovations in proposals will be evaluated to determine if creative ideas of the Offeror are a better value to the Government compared to the minimum criteria. After the Government evaluates and rates each proposal, the SSA will compare proposals to determine which proposal represents the best value for award.

The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA must determine that the added value of a more expensive proposal would justify award to that Offeror.

VOLUME 1 - TECHNICAL

Factor Location Description Relative Importance

N/A Vol. 1, TAB A

PROPOSAL COVER

SHEET N/A

N/A Vol. 1, TAB B STANDARD FORM 1442 N/A

N/A Vol. 1, TAB C

LETTERS OF

COMMITMENT N/A

FACTOR 1 Vol. 1, TAB D PAST PERFORMANCE Most Important Factor

FACTOR 2 Vol.1, TAB E MANAGEMENT OF TEAM Less important than Factor 1

FACTOR 3 Vol. 1

TAB F

SMALL BUSINESS

PARTICIPATION

PROPOSAL

Less important than Factor 2

NOTE: All evaluation factors, other than price, when combined, are considered significantly more important than the price.

TAB A – The proposal cover sheet (Attachment 1) is required by FAR 52.215-1 (c)(2) and must be submitted by all offerors. The format for the proposal cover sheet is as follows:

1. Solicitation Number;

2. The name, mailing address, telephone and e-mail address;

3. 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;

4. Names, titles, telephone and email address of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

5. 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. Title used for signature should be the title that gives authority to sign in accordance with business format.

Offerors shall ensure the UEI number is included for the Contractor. The UEI number will be used to access CPARS data. Offerors shall also provide any other assigned number that identifies them in the CPARS database. If a separate UEI has been created for a Joint Venture (JV), that UEI must also be submitted. Also provide any other UEI that identifies individual member firms in the JV.

TAB B - Standard Form 1442 and acknowledgement of all amendments (Block 19), completed and signed by authorized individual(s) of the offeror. Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal.

TAB C – LETTERS OF COMMITMENT - Provide letters of commitment signed by both parties for all firms included on the organizational plan. Information provided on firms without signed letters of commitment will not be considered in the evaluation of this factor.

TAB D – FACTOR 1 – PAST PERFORMANCE refers to the quality of relevant and recent project experience. This tab shall contain past performance information regarding same/similar projects that demonstrate the experience of the offeror and/or proposed team. The past performance evaluation factor assesses the degree of confidence the Government has in an offeror’s ability to supply products and services that meet users’ needs, based on a demonstrated record of performance. In this factor, the Government will consider recent and relevant project performance, safety performance, team organization, and team experience to determine the confidence rating.

A. Submission Requirements for Factor 1:

1. Offerors shall submit no more than five (5) Government and/or commercial projects for Construction which are recent and relevant to the efforts required by this solicitation as defined below. Use the attached Construction Past Performance Worksheet (Attachment 2) to submit construction experience. Limit each worksheet to no more than three (3) pages.

Relevant: Demonstrate the experience of the offeror and/or proposed team on projects same/similar in SIZE, SCOPE, and COMPLEXITY to that described in the solicitation. Offerors shall identify and describe the relevancies for each of the projects submitted compared to the scope of this project. The Government will evaluate the information provided in making the relevancy determination.

Same/similar experience is defined as construction with a contract value of at least $75,000,000 AND any two of the following three elements:

a. Construction of a minimum of 0.5-mile-long, 10-foot-deep channel;

b. Construction of a minimum of 0.5-mile-long levee or floodwall; or

c. Construction containing the blasting of at least 100,000 cubic yards of rock.

For an overall rating of Very Relevant, the contractor must have experience to include a construction contract value of at least $75,000,000 on at least two projects of which one meets all experience requirements 1), 2), and 3) and one meets any two of experience requirements 1, 2, or 3.

For an overall rating of Somewhat Relevant, the contractor must have experience to include a construction contract value of at least $50,000,000 on at least two projects of which one meets any two of experience requirements 1, 2, or 3) and one meets any one of experience requirements 1, 2, or 3.

Recent: All projects submitted for construction experience must have been completed within six (6) years from the date of the solicitation, except one project may be submitted that is currently under construction and at least 50% completed.

2. 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-bid-build, identify them as such. If Offeror is proposing as a Joint Venture (JV) and past performance cannot be provided as a JV, each partner shall submit past performance information. Combined number of projects submitted shall be no more than the number allowed in TAB D, paragraph 1.

3. Past Performance Assessment Questionnaire (PPQ) (Attachment 3) 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 that does not have an interim or final Contractor Performance Assessment Reporting System (CPARS) evaluation or is a non-Federal Government project. 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 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, TBD via email at TBD@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.

a. Do not request PPQs on projects that have an interim or final CPARS evaluation. If an interim or final CPARS evaluation exists and a PPQ is provided for the same project, CPARS evaluation will be reviewed as the official past performance record for the project, and the PPQ will not be considered by the Source Selection Board or the Source Selection Authority.

b. For USACE or other DoD projects which are underway but do not yet have an interim or final CPARS evaluation, one PPQ per contract may be submitted; to be considered, the PPQ shall be signed by the Administrative Contracting Officer (ACO) for the contract.

4. Offerors are not required to submit any additional past performance information. The

Government will utilize CPARS, and any other information deemed relevant to assess confidence in the Offeror’s ability to perform. Offerors are not to include CPARS evaluations in their proposal. The Government will pull CPARS information for the Source Selection Board’s use.

a. Offerors may submit performance recognition documents received within the last six (6) years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

b. Offerors may submit information on past performance issues and corrective mailto:XXX@usace.army.mil actions taken to prevent these issues from reoccurring. Discuss whether these corrective actions have been implemented on projects awarded after the performance issues, the effectiveness of the corrective actions, and POC information for the subsequent projects.

5. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all CAGE/UEI numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

4. Evaluation Criteria for Factor 1:

1. Relevancy Determination

a. The Government will evaluate the Offeror’s past performance to determine how relevant the past performance is to the project under consideration. The Government will place greater value on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project past performance will not be rated inherently more important than non-Federal Government project past performance.

b. Projects completed outside the defined time period for recency will not be considered relevant to this solicitation.

c. More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

d. Projects with lower degrees of relevance will not be as strong of predictors of likely future contract performance success and will typically have less influence on the final past performance confidence rating.

e. Projects that have little or no relevance typically do not influence the performance confidence rating; however, any projects with adverse past performance could reflect larger company-wide concerns and may impact upon the past performance confidence rating.

f. Based on the relevancy of the projects submitted for design and for construction, an overall relevancy determination will be assessed as an interim step prior to establishing a confidence rating. For an overall relevancy determination of “relevant” or higher, the construction entity must demonstrate past performance that meets all defined aspects of relevancy relative to their role on this project as listed TAB B above.

2. Confidence Determination

a. The SSEB will review the past performance information available, to include

CPARS and other past performance information deemed relevant, to determine the quality and usefulness as it applies to performance confidence assessment. If any firm has multiple functions or divisions, the Government will only evaluate past performance of the division or unit submitting the offer.

If the Government cannot establish the Offeror’s relevant past performance, it reserves the right to utilize the Past Performance Questionnaire to conduct telephone interviews on any source it deems relevant to the evaluation.

Owners/references may be asked to comment on items such as quality of construction, timeliness, management of the work, subcontractor management, including timely payment to subs or suppliers, safety, relations between owner and designer or contractor, level of support for such things as as-built documentation, O&M manuals, training, correcting construction errors, warranty work, etc. The Government will not release the information gathered to the Offeror at any time, for the Government to solicit candid, unbiased interview comments. The Government’s evaluation is not limited to past performance information on the cited example projects.

b. In determining the performance confidence rating for Past Performance, the degree of relevancy/recency of all the considered efforts; the overall performance record of the offeror on each contract assessed; number and severity of problems, the demonstrated effectiveness of corrective actions taken (not just planned or promised); and trend data will be considered.

Projects with higher degrees of relevance will typically have a greater influence on the final performance confidence rating. Projects with lower degrees of relevance will typically have less influence on the final performance confidence rating however, any projects with adverse past performance could reflect larger company- wide concerns and may impact upon the past performance confidence rating. Projects which are comparatively more recent may be better predictors of likely future success than older projects. The resulting relevant/recent assessment conclusions will then be combined, along with the assessed quality of performance on prior projects, to arrive at a single performance confidence rating for the Past Performance Factor.

c. The confidence rating will be established based on the past performance of the firms or that of its predecessor, if applicable. An entity may not establish past performance based on the past performance of its key personnel apart from that of the entity. If the Government does not obtain past performance information and cannot establish a past performance record for the Offeror through other sources, a rating of “Neutral Confidence” will be assigned.

d. If negative information is received, the Offeror will be given an opportunity to provide input as required by FAR 15. CPARs that are part of the official record will be utilized as if the Offeror has already had an opportunity to respond.

e. Although the SSEB may not rate an offeror that lacks recent, relevant past performance favorably or unfavorably with regard to past performance, the SSA may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating in a best value tradeoff as long as the determination is consistent with stated solicitation criteria.

TAB E – FACTOR 2 – MANAGEMENT OF TEAM

The Management of Team factor consists of narratives describing the below elements.

The proposal must clearly define the quality levels that the contractor is offering to the Government in enough detail for the Government and the Offeror to mutually understand whether the proposal meets or exceeds the minimum Solicitation requirements. Limit to no more than twenty (20) pages.

A. Submission Requirements for Factor 2:

1. Organizational Plan

Provide a plan that identifies who will perform (prime or subcontractor) each of the following major features of work. If a proposed subcontractor is known, include the subcontractor’s name.

a. Earthwork

b. Concrete

c. Reinforcement

d. Dewatering

e. Blasting

f. Landscaping

2. Communication Plan

Provide a Preliminary Communication Plan focusing on interactions between the Prime and major subcontractors during construction. Define the audience. Define the requirements. Layout the communication schedule during the life of the construction project. Define the responsible team members for communication to include roles and responsibilities. Define the medium of communication.

3. Risk Register:

Submit a risk register with your firms’ top ten (10) risks that you foresee on this project. Submit in a table format, and at a minimum, include the following as column headers addressing each section for the ten (10) risks submitted:

i. Risk ID/Number: Will be labeled 1-10 with the most significant risks identified in order

ii. Risk Title

iii. Risk Description

iv. Risk Category: Use one of the following categories

1. Strategic (Programmatic)

2. Political (Reputational)

3. Environmental

4. Compliance

5. Financial

6. Schedule

7. Technical

8. Construction

9. Operational (Maintenance)

v. Probability: Use one of the following categories

1. Very Low

2. Low

3. Moderate

4. High

5. Very High

vi. Impact for the following using below chart

1. Schedule

2. Cost

3. Scope

vii. Score: Color coded using the above chart (green, yellow, red, black)

viii. Effect

ix. Risk Response/Mitigation that will be taken

4. Safety Program:

Submit a narrative with how your firm intends to run a successful safety program.

B. Evaluation Criteria for Factor 2:

The Government will evaluate the Offeror’s proposed approach to assess the strength of understanding of the project scope, coordination, and restrictions which must be considered as part of the project. More emphasis will be placed on those Offerors who have 1) a clear approach to communication with subcontractors, 2) identification of project specific risks with a plan to actively mitigate them, and 3) strong safety program that will positively influence the safety culture on the project.

TAB F – FACTOR 3 – SMALL BUSINESS PARTICIPATION PROPOSAL (SBPP)

All offerors, regardless of size status, are required to complete a SBPP. In accordance with DFARS 215.304(c)(i), the Government will evaluate Small Business Participation in source selections for unrestricted acquisitions that require use of FAR 52.219-9, Small Business Subcontracting, which is required for this procurement. Offerors shall articulate within their SBPP how they intend to meet the small business objectives.

A. Submission Requirements for Factor 3:

1. All offerors shall complete and submit a SBPP using the format template, Attachment 3 at the end of this section. This factor does not have a page limitation.

2. Nothing precludes an offeror from further demonstrating their extent of commitment to use small businesses beyond what has been required by this solicitation.

Unlikely Negligible Moderate Critical Catastrophic

I II III IV

Very High 81-100% High 61-80%

Moderate 41-60% Low 21-40%

Very Low 01-20%

Matrix Key Impact

Pr ob ab ili ty

B. Evaluation Criteria for Factor 3:

1. The Government requirement will evaluate the level of proposed participation of small businesses in the performance of the requirement to determine which offeror proposes the best value in terms of the contract relative to the objectives, percentages and criteria established herein. Failure to submit a SBPP will be evaluated as a deficiency.

All offerors shall articulate the extent to which Small Businesses (SBs), Small, Disadvantaged Businesses (SDBs), Women-Owned Small Businesses (WOSBs), HUBZone Small Businesses (HZs), Veteran-Owned Small Businesses (VOSBs) and Service-Disabled, Veteran-Owned Small Businesses (SDVOSBs) are specifically identified in the proposal.

Extent of participation of Small Business firms in terms of percentages based on the total value of the offeror’s proposal of the acquisition and the extent to which the proposal meets or exceeds the minimum small business participation percentages.

Large businesses may achieve their small business participation commitments through subcontracting to small businesses. Small businesses may achieve their small business participation commitments through their own performance/participation as a prime or through a joint venture, teaming arrangement, and subcontracting to other small businesses. [Percentages are provided as part of the draft and will be updated, as required, and issued as part of the final solicitation.]

The minimum small business participation percentages are:

SB: 33% based on total value of proposal SDB: 1% based on total value of proposal WOSB: 2% based on total value of proposal HZ: 1% based on total value of proposal VOSB: 7% based on total value of proposal SDVOSB: 7% based on total value of proposal

2. Offeror shall describe the extent of commitments to use the identified firms (if any) in place for this specific acquisition and provide examples. The offeror is not limited to the examples provided. The offeror is not limited to the examples provided.

Enforceable commitments are weighed more heavily than non-enforceable commitments.

Enforceable commitments must include the following:

a. Firm must be a small business

b. Include the socioeconomic category of the small business

c. Identify the services/supplies to be provided by the small business

d. Specificity to the subject requirement by indicating the solicitation number on the document

e. Include legible signature blocks and signatures from BOTH parties authorized to sign on behalf of their respective firm to demonstrate acknowledgement of the business relationship

f. Small business firm must be identified on the SBPP as appropriate

3. The offeror shall describe the use of small business firms by providing the following information:

a. Name of each small business, include each socio-economic category

b. Complexity and variety of work to be performed by small business

c. Percentage of work performed by each firm

Offerors failing to identify, or severely limit, the supplies/services to be performed may be evaluated as a weakness or deficiency.

4. Past performance of the offerors in complying with the requirements of the clause

FAR 52.219-8, Utilization of Small Business Concerns or 52.219-9, Small Business Subcontracting Plan.

The Offeror shall provide a narrative describing compliance to small business. The Government will evaluate based on one and/or a combination of the following:

a. Reporting of small business performance in CPARS

b. History of prompt payments to small business subcontractors

c. Reporting of small business performance in eSRS.

d. Documentation from customers demonstrating use/support of small businesses

e. Documentation of other information to substantiate the use of small business demonstrating the total small business contract completion by the small business prime and/or subcontracting to other small business.

f. Documentation from federal agency customers demonstrating the use/support of small business and/or information substantiating the use of small business subcontractors may be evaluated more favorably.

g. SBA compliance reviews

h. DCMA Small Business Subcontracting Program reviews

Offerors are encouraged to submit proof of awards, accolades, or similar type documentation received for their current and/or past support of small businesses.

The offeror is not limited to the examples provided.

5. The Government reserves the right to review additional information outside of the evaluation criteria.

6. Material submitted in support of the SBPP shall be logically assembled and organized to facilitate evaluation. The use of hyperlinks in lieu of incorporating information into the proposal remains prohibited. Do not cross-reference materials as the Government will not look to obtain information in support of an offeror’s SBPP from other volumes or within the Subcontracting Plan (if applicable).

7. Offerors shall not submit a hybrid plan that includes a combination of elements from a

SBPP (in accordance with DFARS PGI 215.304) and elements of a Subcontracting Plan (in accordance with FAR 52.219-9) as the two are distinctly different. Doing so will result in a weakness.

8. The submitted SBPP will utilize the ratings as described in EVALUATION

PROCEDURES, Paragraph 5, Small Business Participation Factor, based on the following:

a. Extent of participation of Small Business firms in terms of percentages and amounts of the value of the total acquisition and the extent to which the proposal meets or exceeds the small business participation percentages as detailed in TAB D – FACTOR 3 – SMALL BUSINESS PARTICIPATION PROPOSAL (SBPP), paragraph B.1. above for this acquisition. Offerors providing less than the percentages outlined above may be evaluated as a weakness or deficiency.

b. The Government will verify the total value of the offeror’s proposal to ensure dollar amounts are consistent with what is being proposed in the SBPP. If an offeror’s value of their total acquisition is inconsistent with the values in the SBPP, it may result in a weakness or deficiency.

c. Extent to which Small Business firms, as defined in FAR Part 19, are specifically identified in the proposal. The Government will evaluate the firms specifically identified by the Offeror in the submitted SBPP.

d. Extent of commitment to use the identified firms. The Government will evaluate the types of commitments in place (if any) for this specific acquisition (small business prime, written contract, verbal, enforceable, non-enforceable, joint ventures, mentor-protégé, teaming agreements, partnership letters of commitment(s), etc.). Enforceable commitments as defined in paragraph TAB

D – FACTOR 3 – SMALL BUSINESS PARTICIPATION PROPOSAL (SBPP),

paragraph B.2 may be evaluated more favorably than non-enforceable commitments.

e. Identification of the complexity and variety of work small business firms are to perform. The Government will evaluate the meaningful elements of the type and complexity of work to be performed by small business. Offerors failing to identify, or severely limit, the supplies/services to be performed may be evaluated as a weakness or deficiency.

f. Past performance of the offerors in complying with the requirements of the clauses at FAR 52.219-8 Utilization of Small Business Concerns or 52.219-9 Small Business Subcontracting Plan. The Government will evaluate based on one and/or a combination of the following: (1) Reporting of small business performance in CPARS, (2) History of prompt payments to small business subcontractors, (3) Reporting of small business performance in eSRS, (4) Documentation from customers demonstrating use/support of small businesses, (5) Documentation of other information to substantiate the use of small business demonstrating the total small business contract completion by the small business prime and/or subcontracting to other small business, (6) Documentation from federal agency customers demonstrating the use/support of small business and/or information substantiating the use of small business subcontractors may be evaluated more favorably, (7) SBA compliance reviews. (8) DCMA Small Business Subcontracting Program reviews.

g. Offerors with no prior contracts containing FAR clause 52.219-8, and whether negative information has been reported concerning the Offeror’s past compliance with FAR 52.219-8 alongside any explanation to address the negative information. The government reserves the right to review additional information outside of offer’s proposal.

h. Documentation from federal agency customers demonstrating the use/support of small business and/or information substantiating the use of small business subcontractors may be evaluated more favorably.

The government reserves the right to review additional information outside of offer’s proposal.

TAB G – FACTOR 4 – PROJECT LABOR AGREEMENT

Executive Order 14063 requires agencies to use Project Labor Agreements (PLAs) in large-scale construction projects to promote economy and efficiency in the administration and completion of Federal construction projects. PLAs are subject to the requirements of FAR Subpart 22.5, Use of Project Labor Agreements for Federal Construction Projects, which outlines the requirements for labor standards, including those related to PLAs.

A. Submission Requirements for Factor 4:

1. The contractor shall submit, with their proposal, a Project Labor Agreement (PLA).

The PLA shall include a statement certifying that the proposed PLA complies with all applicable laws and regulations, including those outlined in FAR Subpart 22.5.

2. The PLA shall clearly highlight key provisions of the PLA, including but not limited to:

a. Description of the labor agreement

b. Coverage of trades and crafts

c. Duration of the agreement

d. Wage rates and fringe benefits

e. Grievance procedures

f. No-strike or no-lockout clauses

3. Provide an analysis of the labor market and demonstrate how the proposed PLA will enhance labor stability and productivity.

4. Address how the PLA may impact competition among potential subcontractors and provide a justification for any potential restrictions.

B. Evaluation Criteria for Factor 4:

1. The SSEB will assess whether the proposed PLA aligns with labor standards and regulations outlined in FAR Subpart 22.5.

2. The PLA will be evaluated to consider the validity and thoroughness of the labor market analysis and assess how the proposed PLA may affect competition among subcontractors and whether any restrictions are justified.

3. A PLA which unduly restricts competition, or which fails to promote fair and open competition amongst subcontractors may be rated as Unacceptable.

One of the following ratings will be assigned:

Rating Description Acceptable The proposed PLA meets the requirements of the solicitation.

Unacceptable The proposed PLA does not meet the requirements of the solicitation

Failure to demonstrate the minimum acceptability standards under this factor will result in an Unacceptable rating and may be eliminated from further consideration for contract award.

VOLUME II: PRICE PROPOSAL

TAB CONTENTS OF THE PRICE PROPOSAL

A The Proposal Cover Sheet B Signed Standard Form 1442 & Acknowledgement of Amendments C Price (FACTOR 4) D Section 00 45 00 – Representations and Certifications E Joint Venture and LLC (If Applicable) F Bid Guarantee (Bid Bond) G Financial Information and Bonding Capability H Subcontracting Plan (other than small business only) I Project Labor Agreement

General Instructions: In accordance with Federal Acquisition Regulation (FAR) 15.402 and 15.403-1, certified cost or pricing data are not required because adequate competition is expected for this procurement. Information other than certified cost or pricing data may be provided in contractor format providing that sufficient information is made available. Information submitted shall be prepared following the instruction in FAR 15.403-5. If after receipt of proposals the Contracting Officer determines that there is insufficient information available to determine price reasonableness and none of the exceptions at FAR 15.403-1 apply, the Offeror may be required to submit cost or pricing data. Additionally, in the event that adequate competition is not obtained, the Contracting Officer may incorporate FAR 52.215-20 entitled, “Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data,” into the solicitation and request a Certificate of Current Cost or Pricing Data. There are no page limitations for this volume. Proposal information included in this volume which is not directly related to Price will be disregarded.

TAB A – The proposal cover sheet is required by FAR 52.215-1 (c)(2) and must be submitted by all offerors. The format for the proposal cover sheet is as follows:

PROPOSAL COVER SHEET

TAB A – The proposal cover sheet (Attachment 2) is required by FAR 52.215-1 (c)(2) and must be submitted by all offerors. The format for the proposal cover sheet is as follows:

1. Solicitation Number;

2. The name, mailing address, telephone and e-mail address;

3. 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;

4. Names, titles, telephone and email address of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

5. 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.

Offerors shall ensure the UEI number is included for the Contractor. The UEI number will be used to access CPARS data. Offerors shall also provide any other assigned number that identifies them in the CPARS database. If a separate UEI has been created for a Joint Venture (JV), that UEI must also be submitted. Also, provide any other UEI that identifies individual member firms in the JV.

TAB B - Standard Form 1442 and acknowledgement of all amendments (Block 19), completed and signed by authorized individual(s) of the offeror. Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal.

TAB C – Price – FACTOR 4. Proposed price schedule is to be completed in its entirety by all offerors to include the Subtotals and Totals section as found in Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule.

TAB D – Section 00 45 00 – Representations and Certifications. Offeror shall verify by submission the representations and certifications have been completed in https://www.sam.gov in accordance with FAR 52.204-8 and DFARS 252.204-7007 ALT I. Submit the representations and certifications not covered in https://www.sam.gov that are included in Section 00 45 00 of this solicitation, under this tab.

TAB E – Joint Venture and LLC, if applicable. See Section 00 21 00 paragraph E.1.d.

Note to 8(a)—SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture.

TAB F – Offerors shall provide a fully executed Bid Bond as required by FAR Clause 52.228-1, Bid Guarantee electronically in Tab E. This requirement is to be completed regardless of Bid Bond requirement submission located in other parts of these instructions.

For the purposes of this Request for Proposal, please note that IAW FAR 28.001:

“Bond means a written instrument executed by a bidder or contractor (the “principal”), and a second party (the “surety” or “sureties”) (except as provided in FAR 28.204), to https://www.sam.gov/ assure fulfillment of the principal’s obligations to a third party (the “obligee” or “Government”), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.”

Bonds shall therefore be executed in the name of the legal entity, whether a joint venture, partnership or the Prime Contractor of an informal teaming arrangement, with whom the Government would enter into a contract for a successful offeror. The entity named on the bond must be able to acquire bonding capacity on its own merits, and not as the result of indemnification from a subcontractor or third party.

TAB G – Financial Information & Bonding Capability (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings and/or number). Provide a list of all current contracts with a value above $TBD Million, total dollar value, award date, anticipated completion, performance and payment bond amount.

TAB H – Small Business Subcontracting Plan Alternate II, will be included in the solicitation. If the apparent awardee is a large business, the offeror shall submit a small business subcontracting plan meeting the requirements of FAR 52.219-9, DFARS 252.219-7003, DFARS 252.219-7004 (if the offeror has a comprehensive subcontracting plan).

The socio-economic dollars must be equal to or greater than the commitments proposed in the small business participation proposal.

Small businesses specifically identified in the small business participation proposal must be listed in the small business subcontracting plan submitted…