B 08 - W912LM-22-Q-1001 Clean Agent Fire Ext System.pdf

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Clean Agent Fire Extinguisher System
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W912LM-22-Q-1001
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The USPFO for Minnesota is soliciting this Request for Proposal to aw ard a single Firm Fixed Price Contract to install a NCC Clean Agent Fire Extinguisher System and adjacent Pull Station, Project #QJKL2220001 at the ANG 133rd Airlift Wing, St. Paul, MN 55111. This Project is solicited as a Small Business Set-Aside. The NAICS is 236220, Business size standard is $39.5 Million averaged annual receipts for the past three years. The magnitude of this project is betw een $25,000 and $100,000. A Pre-Proposal Conference is scheduled for 3 March 2022 at 9:00 a.m. CST at the 133rd AW, Minneapolis Air Force Base, at the Base Civil Engineer building Conference Room, 4614 Militia Drive, St. Paul, MN 55111. A site visit to the actual location of the project w ill follow w ith COVID-19 measures being maintained. See FAR Clause 52.236-27 ALT I. Funds are not presently available for this contract. This is a high priority requirement and there is a high probability that the requirement w ill not be cancelled. Aw ard w ill be made to the offeror w ho represents the best value to the Government as outlined in accordance w ith the criteria set forth w ithin the Solicitation.

DANIEL G. BART 320-616-6012

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

22-Feb-2022

(RFP)

(IFB)

CALL:

NCC Clean Agent Fire Ext System & Pull Station

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 _______30 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USPFO MN PURCHASING & CONTRACTING

CAMP RIPLEY

15000 HIGHWAY 115

LITTLE FALLS MN 56345-4173

W912LM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

QJKL222001

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

320- 616-2449FAX:TEL: 320-616-2751 TEL: FAX:

W912LM22Q1001 87

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

W912LM22Q1001

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00 01 10 – NOTES

SECTION 00 10 00 – CLIN Schedule

SECTION 00 21 00 – INSTRUCTIONS, CONDITIONS AND NOTICES TO

SECTION 00 21 16 – PROPOSAL PREPARATION INSTRUCTIONS

SECTION 00 22 16 – PROPOSAL EVALUATION AND BASIS FOR AWARD

SECTION 00 45 00 – REPRESENTATIONS & CERTIFICATIONS

SECTION 00 70 00 – CONTRACT CLAUSES

SECTION 01 00 00 – GENERAL REQUIREMENTS

EXHIBIT A – Performance Relevancy Questionnaire (Attachments) EXHIBIT B – Subcontractor Information and Consent Form (Attachments) EXHIBIT C – Reference Questionnaire package (Attachments) EXHIBIT D – Letter of Commitment (Attachments)

ATTACHMENT 1 – QJKL222001 – 682 Floor Plan

NOTES:

1. Instructions for the preparation of proposals are located in Sections 002100, 002116 and 002216.

2. Offeror’s attention is invited to the insurance requirement contained in this solicitation (FAR Clause 52.228-5 Insurance – Work on a Government Installation). Certification of the required coverage for the prime contractor shall be furnished prior to beginning work on this contract, and the Contracting Officer may request evidence of the required insurance at any time during the life the contract.

3. Reference DFARS Provision 252.236-7008, Contract Prices – Bidding Schedules. The Term “Bidding Schedule” shall also be construed to mean “Offer Schedule” or “Schedule”. The Terms “bid” and “offer”, and “bidder” and “offeror” shall be construed as having the same meaning in this solicitation and resulting contract.

4. This project is NOT TAX-EXEMPT.

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Remove Existing Halon 1301 System

FFP

Remove the existing Halon 1301 System. Contractors must comply with all related UFC’s, EPA, NFPA and 133rd Airlift Wing Contractor’s Environmental Compliance Guide. Halon 1301 will be require to be kept by 133rd AW and turned-in IAW Regulations.

FOB: Destination

PSC CD: Y1EB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Install Clean Agent System

FFP

Install Clean Agent System. Design and construct the system as a total-flood system as per NFPA 2001 to include a fixed supply of extinguishing agent connected to properly sized, fixed piping with fittings and nozzles to direct this agent into the protected area. Must meet MACII requirements. All work shall be performed IAW the SOW. (See SOW, Drawings and Specs for a detailed list of all parts and component)

All materials shall be in compliance with this statement of work and to the highest industry standards. Contractor must provide a minimum of 1 year warranty on all parts and components

Conduct testing to determine conformance with the requirements.

Contractor responsible for all site restoration to original condition to include any wall penetration (interior and exterior), ceiling and ceiling tiles.

FOB: Destination

PSC CD: Y1EB

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

Section 00 21 00 - Instructions

INSTRUCTIONS

002100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. SCOPE

1.1. You are invited to submit a proposal in response to our Request for Proposal W912LM-22-Q-1001 for Project No. #QJKL222001 at the ANG 133rd AW, Minneapolis Air Force Base, Minnesota. As a result of this solicitation, the Government intends to award a single Firm Fixed Price (FFP) contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

1.2. This solicitation is set-aside 100% for small businesses.

2. NOTICE OF PRE-PROPOSAL CONFERENCE

2.1. A pre-proposal conference will be conducted on 3 March 2022 at 9:00 AM CST for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at the 133rd Air Wing 4614 Militia Drive, St. Paul, MN. Interested Contractors are highly encouraged to attend the pre-proposal conference. The site visit will be held following the conference.

2.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following Form 66 for all attendees to both drue.l.glaze.mil@army.mil and daniel.g.bart.mil@army.mil.

2.3. This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

2.4. Visitors must pick up their passes at the Installation’s Main Entry Gate prior to arrival. You may be required to present the following information upon arrival: (1) Vehicle Registration, (2) Valid Driver’s License, (3) Proof of Insurance for Vehicle. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

2.5. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

2.6. A record of the conference shall be made and furnished to all prospective offerors via posting to https://SAM.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

3. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

3.1. Submit all questions via email to the contracting specialist at the address shown below. Do NOT contact the A-E or Engineering personnel directly. Doing so will only delay the response to your question.

Subject Line: Reference No. W912LM-22-Q-1001 Email: drue.l.glaze.mil@army.mil and daniel.g.bart.mil@army.mil

INQUIRIES SHALL BE SUBMITTED VIA EMAIL AND INCLUDE THE FOLLOWING

INFORMATION:

Date of Proposal Inquiry:

From: ______________________________

Company Name: ___________________________ Phone Number: ____________________________ Email address: _____________________________ Proposal Inquiry: Be specific as to part of solicitation you are questioning.

3.2. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

3.3. The Contracting Officer reserves the right to address questions received after the fifth day prior to solicitation closing with those offers deemed compliant and/or in the competitive range after closing. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth working day prior to closing and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED

TO SUBMIT QUESTIONS EARLY IN THIS PROCESS.

3.4. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to https://SAM.gov

3.4.1. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

3.4.2. For security reasons, all technical and engineering data related to this solicitation will be distributed using the SAM.gov (https://SAM.gov) system. SAM.gov is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Plans and specifications are locked on SAM.gov and require Contractors to request explicit access from the Contracting Officer OR export controlled access. See the instructions on beta.SAM regarding registration as Interested bidders/offerors must register with SAM.gov before accessing the system. (Please note the registration for access to the secure site takes approximately 15 business days, so plan accordingly.)

3.4.2.2. Interested offerors must be registered in the System for Award Management (SAM). To register go to:

https://SAM.gov You will need your DUNS / UEI number to register. Instructions for registering are on the web page.

4. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

4.1. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted at https://SAM.gov

4.2. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

5. HAND CARRIED PROPOSALS/INVITATIONS

5.1. A bid repository is provided for hand carried proposals and is located at: MN USPFO Bldg 15-2 Attn: Dan Bart, Camp Ripley, 15000 Hwy 115, Little Falls, MN 56345.

5.2. Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals.

5.3. Offerors are cautioned that you must have a valid driver’s license, vehical registration and insurance to enter the base. Delays are probable at the entry point and should be accounted for. Late receipt of proposals due to base entry delays may not be deemed excusable and the Contracting Officer may declare the proposal late and remove it from consideration.

6. WAGE DETERMINATION

6.1. The Construction Wage Rate Requirements formerly known as Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determination(s) at time of issuance of solicitation are MN20220117 Jan 6, 2022 for Hennepin County. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of the solicitation, the most current wage determination is in effect. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(c)(4) will apply.

6.2. Applicable wage rates can be found at https://beta.sam.gov/search?index=wd

7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

8. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 002100, 002116, 002216, 004500 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

9. DISPOSITION OF UNSUCCESSFUL PROPOSALS

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals. The Government will destroy extra copies of unsuccessful proposals. No destruction certificate will be provided.

10. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES

It has been determined that all reasonable amounts of water power and natural gas where/if physically available, used in connection with this project will be furnished to contractor without cost. The offerors will take this into consideration when computing its offer. (FAR Clause 52.236-14, Availability and Use of Utility Services)

11. BID BONDS

A Bid Bond is required for all solicitations estimated over $150,000. The bid bond is due on the date as stated on the SF1442 block 13. The bid bond must be on a SF24 form.

11.1Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

11.2 The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds --

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

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

11.3 The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.

11.4 If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

11.5 In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

Rejection of a bid bond shall be in accordance with FAR 28.101-4 Noncompliance with bid guarantee requirements.

12. EXCEPTIONS

If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 002100 through 010000) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a pagelimitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award.

13. CLAUSES

13.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

13.2. Clauses and provisions in this document may not appear in consecutive order.

14. BRAND NAME REQUIREMENTS

N/A End of Section 002100

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 Alt I System for Award Management-- Alternate I OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.225-9 Buy American--Construction Materials DEC 2021 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-23 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

2.9% 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 Minneapolis MN

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) Site visits may be arranged during normal duty hours: 3 March 2022 at 9:00 AM CST

(c) Participants will meet at— 133rd AW Base Civil Engineer’s Conference Room, 614 Militia Drive, St. Paul, MN 55111

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

N/A

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

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 (DFARS) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

PROPOSAL PREPARATION INST

1. PROPOSAL PREPARATION INSTRUCTIONS

1.1. These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section 002100, FAR Provision 52.215-1, Instruction to Offerors – Competitive Acquisition.

1.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award.

2. PROPOSAL CONTENT

2.1. Prospective offerors shall submit the following volumes in two separate packages:

2.1.1. Submit Price proposal, pro forma documents, in original and (3) three hard copies or an email to the Contract Specialist, in accordance with instructions contained herein.

Volume 1 - Price proposal, Forward Pricing Schedule, pro forma documents, in original and (1) hard copy, in accordance with instructions contained herein.

Volume 2– Past/Present Performance Information

Exhibit A Part 1- Performance Relevancy Questionnaire - should provide questionnaire responses to the Contracting Officer not later than the closing date.

Exhibit A Part 2 – Past Performance Information - should provide information to the Contracting Officer not later than the closing date.

Exhibit C – Past Performance Evaluation Questioinnaire – References should provide information to the Contracting Officer not later than the closing date.

2.3. After compiling all required information, submit original and specified number of copies to the following office: MN USPFO Attn: Dan Bart, Camp Ripley, 15000 Hwy 115 Bldg 15-2, Little Falls, MN 56345 . Mark the front of the envelope/box with the following: “PROPOSAL No. W912LM-22-Q-1001, DO NOT OPEN---Competitive Acquisition”.

2.4. PROPOSAL FORMAT

2.4.1. Purpose: These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation.

2.4.2. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

2.4.3. Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all of the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

2.4.4. Written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (10 min.). All pages of each proposal shall be appropriately numbered, and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required. Type size for graphics, charts, diagrams and tables shall be of an appropriate font and size for the application, and must be clearly readable without magnification assistance to the normal eye. Text lines will be no less than single-space. To the maximum extent practicable, proposal submission shall be double sided. Where page limits exist a page is defined as one single side of a page. Double sided pages count as 2 pages. Unless otherwise stated, tabs, indexes and dividers do not count in the page count.

2.4.5. Binding: Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. Three ring binders are preferred. The cover and spine of each binder will clearly identify the offeror’s name, Project number, RFP number, RFP title and copy number, (e.g.

copy 2 of 3). The original for each volume will be clearly identified on the cover and the spine. All binders will allow for easy removal and replacement of pages.

2.4.6. Indexing: Each binder will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title, as well as by page number and volume locations. Tab indexing will be used to identify Sections as appropriate.

2.4.7. Electronic Copy: Provide one (1) electronic copy of all of the Volume 1 & 2 proposal information.

Electronic copies shall be submitted on CD/DVD saved in Microsoft Word format or Adobe Acrobat.

(“Read Only” files are acceptable).

2.4.10. The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

2.5. PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation.

Proposals, which do not include the requested minimum information, may be eliminated from further consideration for award.

2.5.1. VOLUME 1, PRICE/COST INFORMATION AND PRO FORMA DOCUMENTS

2.5.1.1. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 002100 of this solicitation. The Government is not, and does not intend on, requesting certified cost or pricing data.

2.5.1.2. Provide an introductory page to include Cage Code, DUNS / UEI Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, and email addresses. Also, include your business socioeconomic status, e.g. small business, woman-owned small business, HUBZone small business, etc.

2.5.1.3. Offer and Section 002100 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature.

2.5.1.4. Section 001000 – Insert the price/cost associated with the project in the line items. All line items (CLINs) must be priced to be considered.

2.5.1.5. Representations and Certifications- Section 004500- insert the required certifications and representations and return only those shown in section 004500. Return the entire Section 002100 with your proposal. All other required representations and certifications are to be completed on line in the System for Award Management (SAM) www.sam.gov.

2.5.1.6. All potential offerors are required to register in the System for Award Management. See FAR Provision 52.204-7 System for Award Management.

2.5.1.8. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration (IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

2.5.2. RESERVED

2.5.3. VOLUME 2, OFFEROR PAST/PRESENT PERFORMANCE INFORMATION

2.5.3.1. Volume 2 Part 2 is obtained for the purpose of evaluating Past/Present Performance.

Past/Present Performance includes current/on-going performance that is complete to 70% or greater.

Volume 2 includes the offeror’s Performance Relevancy Questionnaire, Exhibit A Parts 1 and 2; and any discussion and or additional information, awards, letters, etc. concerning past/present performance the offeror includes. Offerors are cautioned to complete all the questions on the Exhibit A Parts 1 and Part 2.

Detailed instructions are included in Exhibit A.

2.5.3.2. Offerors shall use the Reference Package, Exhibit C, to obtain references from past and present clients.

2.5.3.3. Past/Present Performance, which includes current on-going (present) performance that is complete to 70% or greater will be evaluated using the evaluation criteria set forth in Section 002216 of the solicitation. If the offeror represents the combining of two or more companies, joint venture or formal teaming agreement, for the purpose of this RFP, each company shall complete Exhibit As and obtain Exhibit C references. The Government may contact these references and may consider this information as well as information obtained from any other sources when evaluating the offeror's past/present performance.

2.5.3.4. Offerors shall discuss their performance using the Performance Relevancy Questionnaire format, Exhibit A, Part 1. Prepare not more than (3-5) of these documents. Contractors should select their projects carefully because the quality of the contractor’s relevant performance is more important than the quantity of projects submitted.

2.5.3.5. Use the Exhibit A format to provide information that demonstrates a history of performance on contracts that are similar in scope, complexity, and cost magnitude to this project’s plans and specifications. Explain what aspects of the contract you find relevant to the proposed effort and identify how each contract ranks, in terms of relevancy, with respect to the other contracts addressed in proposal.

2.5.3.6. Offerors should consider the currency and relevancy of the past/present performance information to be considered, the performance must have been completed during the past five (5) years. The period begins five (5) years prior to the solicitation release date and includes current performance. Performance that is more current may have greater impact than older performance.

2.5.3.7. In determining relevancy to the solicitation requirement, offerors should consider the similarity of construction methods employed, size, scope, cost magnitude, location, client type (e.g. federal government) and complexity of work performed to those required for the proposed effort. Location should also be considered.

2.5.3.8. Offerors are encouraged to include with their proposal information any problems encountered on the identified contracts and the offeror's correction actions.

2.5.3.9. Offerors lacking relevant present/past performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. Such information shall, as a minimum, include:

Name(s) of Predecessor Company/Subcontractor and/or Key Personnel Complete Address Telephone, Fax Number and email address Brief synopsis of the experience- A resume may be submitted for "Key Personnel" Describe relevancy to this project

2.5.3.10 Provide three (3) references, for each Predecessor Company, Subcontractor or Key Personnel.

Clearly identify the contractor/individual for whom the reference information concerns.

2.5.3.11. Past Performance References – REQUIRED – A “Final” Performance Evaluation (Construction) (also referred to as CCASS Evaluation) issued for a project may be included in lieu of sending out reference package for the project. OR Offerors shall prepare and submit to prior client(s) of all the projects listed on your Exhibit A submission a Reference Package (Exhibit C) (Detailed instructions are included in Exhibit C Package). This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance, and the Past Performance Questionnaire for use in evaluating Past Performance. Inform references that completed Performance Questionnaire should be returned to the Contracting Officer via email at daniel.g.bart.mil@army.mil AND drue.l.glaze.mil@army.mil to arrive later than the closing date for receipt of proposals. Offeror must not review the Past Performance Questionnaire prior to submission. They are to be submitted by the client/evaluator directly to the Contracting Officer. Offeror's should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner.

2.5.3.12. In assessing past performance, the Government may also consider the past/present performance of the offeror’s key personnel, Project Manager, Quality Control Manager and Site Superintendent, as it relates to previous projects. In the event the intended key personnel for this solicitation’s project do not have demonstrated past performance in the project(s) submitted in the Exhibit A’s, the Government reserves to obtain reference information additional information is required.

2.5.3.12.1. Each key person without prior past performance history demonstrated on the submitted Exhibit A shall provide a summary of experience or a resume. In the event the intended person is not part of the offeror’s organization at the time the proposal is submitted then a completed Exhibit B, “Subcontractor/Team/Key Personnel Information and Consent Form (Exhibit D)” or Letter of Intent, is also required or the information will not be considered. The Government may seek additional references and reserves the right to use the information provided to obtain additional references.

2.5.3.13. Offerors are advised that the Government may use all data provided by the offeror in this volume and data obtained from any other sources, to include, but not limited to, data independently obtained from other Government or commercial sources; from any other sources available to the Government, to include, but not limited to, the Contractor Performance AssessmentReporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program/Project Managers, Contracting Officers or rely upon personal business experience with the offeror. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete past/present performance information rests with the offeror.

END OF SECTION 00 21 16

Section 00 22 16 - Supplementary Instructions to Proposers

EVAL & BASIS FOR AWARD

SECTION 002216

PROPOSAL EVALUATION AND BASIS FOR AWARD

1. GENERAL INFORMATION

1.1. This solicitation is for a Firm Fixed Price Contract. The Government intends to award a single contract to a qualified Small Business Offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to all the RFP's requirements and is judged to represent the Best Value to the Government in accordance with the evaluation scheme set out in this solicitation. The award will be made based on the best overall (i.e. best value) proposal that is determined to be the most be the most beneficial to the Government, with appropriate consideration given to the two

(2) evaluation factors: Price and Past Performance. To arrive at a Best Value decision, the Source Selection Authority will integrate the evaluation of Past/Present Performance and Price as set out in the solicitation. In terms of the relative importance of the factors, the Non-cost factors are approximately equal to the Price Factor. The firm that represents the best value to the Government will be selected for award in accordance with FAR 15.1 Source Selection Processes and Techniques.

1.2. To arrive at a Best Value decision this acquisition will utilize the FAR Part 15.101-1 tradeoff process unless the lowest priced offeror (with a price deemed reasonable and realistic) is also deemed to be the highest rated in terms of non-price evaluation criteria. If the lowest priced offeror is also the highest rated in terms of non-Price Factors, no tradeoff is necessary. Further, there is no tradeoff necessary between any offer that is lower priced and higher rated in terms of non-Price Factors with respect to any other offers that are higher priced and lower rated for the non-Price Factors. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process.

1.3. The source selection process will be conducted in accordance with FAR Subpart 15.3, Source Selection procedures. Offers will be evaluated using the criteria listed in “Evaluation Factors for Award.”

Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s technical ability, past performance and/or pricing…

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