B.02.14 W912GB24R0015.pdf

CODE

(Hour)

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until 02:00 PM local time 29 Mar 2024

A B C D E

G F

H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 46

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912GB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

22 Feb 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB24R0015

Section 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construction of Belgian school

FFP

In accordance with the attached plans and specifications.

FOB: Destination

PSC CD: Y1CA

NET AMT

0002 1 Job OPTION Steel Lockers

FFP

In accordance with the attached plans and specifications.

0003 1 Job OPTION Tack Boards

FFP

In accordance with the attached plans and specifications.

0004 1 Job OPTION Interactive Screens

FFP

In accordance with the attached plans and specifications.

0005 1 Job OPTION Wooden Benches

FFP

In accordance with the attached plans and specifications.

Section 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

BASIS FOR AWARD

1. BASIS FOR AWARD.

A. General.

(1) This solicitation will be advertised using full and open competition. The Government intends to award a single, firm-fixed price construction contract to the responsible offeror whose proposal represents the best value after evaluation in accordance with the evaluation factors in the solicitation. Factor 2 (Work Plan) is more important than Factor 1 (Past Performance). When combined, all non-price factors are approximately equal in importance to price (Factor 3).

(2) In the context of this proposal, the “Offeror” refers to the proposed prime contractor. A major subcontractor is defined as a subcontractor that the offeror proposes to perform 25% or more of the work required under the solicitation.

(3) The Government intends to make an award without discussions but reserves the right to conduct discussions should discussions prove to be necessary or advantageous to the Government. Because the Government does not intend to hold discussions, Offerors are encouraged to include their best pricing in their initial proposal.

(4) All proposals received will stand alone and be considered complete and final. The evaluation board will not consider any information or data incorporated by reference or otherwise referred to. The successful Offeror will be selected solely based on the evaluation factors set forth below.

Accordingly, proposals submitted in response to this solicitation should provide clear, complete, concise, and straightforward responses to the evaluation factors. Elaborate proposals, color brochures, and other excesses are discouraged.

(5) Joint Ventures (JV). A joint venture is defined as a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements such as “teaming agreements” or “strategic alliances,” which are not recognized as bona fide joint ventures for the purposes of this solicitation. An Offeror that is a joint venture will submit a copy of its legally binding joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. If submitting a proposal as a joint venture, the experience and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Page and limits apply to the joint venture as a whole.

(6) Per FAR 15.305(a)(2)(iii). In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

(7) The Successful offeror will be selected solely based on the evaluation factors set forth below. Accordingly, proposals submitted in response to this solicitation should provide clear, complete concise, and straightforward responses to the evaluation factors. The offeror’s technical proposal.

B. Evaluation Factors.

The government will evaluate proposals under the following factors:

Past Performance (Factor 1) Work Plan (Factor 2) Price (Factor 3)

The Government will use the following definitions when evaluating proposals:

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

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

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

Strength – An aspect of a proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Significant Strength – An aspect of a proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

2. SUBMISSION OF PROPOSALS

A. Administrative Details and General Instructions: Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442.

(1) General Proposal Format. The proposal shall be in electronic Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the Bid table of contents.

Title Page. The electronic proposal must include Offeror’s name and address, phone number and email address, title of the solicitation, solicitation number and date of submittal clearly identified.

If the Offeror is a joint venture, it must provide evidence of a legally binding JV agreement, which creates legal responsibility on the part of all members of the joint venture. A searchable copy of the joint venture agreement in English and signed by all joint venture members shall be provided as part of the proposal in Factor 1, Past Performance. The joint venture agreement shall include the following:

i. A detailed statement outlining the following in terms of percentages, where appropriate:

a. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

b. The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

c. The structure of the joint venture and decision ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

d. Identification of the key personnel having authority to legally bind the joint venture to sub-contracts and state who will provide or contract for the labor and materials for the joint venture.

e. Identification of a party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

f. Identification of party furnishing the facilities, such as office supplies and telephone service.

g. Identification of party having overall control of the joint venture.

h. A statement that the joint venture partners are jointly and severally liable under the contract.

Table of Contents. The electronic proposal shall contain a detailed table of contents. The complete table of contents shall be included in each binder.

Submission Transmittal. Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire Bid (i.e. offerors submission and all teammate/subcontractor(s) independent submissions) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable. The date/time of attempted transmission is not determinative, the date/time the proposal is received is.

All information must be confined to the appropriate volume. Each volume of the proposal is expected to contain a table of contents, summary section with a brief abstract of the volume, and the narrative discussion.

Each Volume shall be contained within a separate electronic file.

(2) Proposal Content Limitations.

The Offeror must confine the proposal to relevant information and documentation sufficient to provide an adequate basis for evaluation.

Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal.

The page count is at the discretion of the offeror, however, Factor 2,– Staffing and Work Plan may not be more than 20 written single-sided, single-spaced, 8.5” x 11” pages, using a minimum font size of 11 and a minimum margin of one-half inch on all sides

Extraneous information provided in the proposals will not be considered in the evaluations; therefore, the Offeror should provide only information that satisfies the solicitation requirements. Merely restating the specifications without sufficient elaboration demonstrates a lack of understanding of the requirement.

DO NOT cross reference past performance information. It is acceptable to repeat data, or project information in more than one non-price area as long as it satisfies the requirements of the factor.

Proprietary information must be clearly marked.

B. Content of Proposals: All proposals must be prepared in two volumes: A technical proposal (Volume I) and a price proposal (Volume II). Each of the volumes shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. No technical proposal may contain reference to price. Offerors who fail to submit a complete proposal may be excluded and thus receive no further consideration for award.

Technical Proposal: Provide one (1) electronic proposal in Portable Document Format. Filename extension “.pdf” and suitable for viewing in Adobe Reader. Technical proposals shall consist of information for Factors 1-3 listed in tabular form, as noted below. Repeating or restating the specifications without sufficient elaboration will be determined to show a lack of understanding of the requirement.

Technical (Non-Price) Factors and Sub-factors:

Tab 1 –Factor 1 – Past Performance

Tab 2 - Factor 2 – Work Plan

Price Proposal: Provide one (1) electronic proposal in Portable Document Format. Filename extension “.pdf” and suitable for viewing in Adobe Reader. Provide pricing and complete all line items on Standard Form 1442 (SF 1442). The Price Proposal must be prepared in accordance with the following and must include:

Tab 1 - SF1442, Solicitation, Offer, and Award.

The SF1442 shall be filled out completely by the Offeror and signed by an official that is authorized to bind the company. The Offeror shall also acknowledge all amendments to the solicitation in accordance with the instructions on the Standard Form 30 or Block 19 of SF1442.

Tab 2 – Section 00 10 00, Proposal Price / Bid Schedule.

The Offeror shall fully complete this section.

Tab 3 - Representations, Certifications and other Statements of Offerors.

The Offeror shall complete all representations and certifications in Section 00 45 00 and ensure current registration and completed/updated Annual Representations and Certifications on the System for Award Management (SAM) website https://www.sam.gov/SAM/

Tab 4 - Bid/Offer Guarantee. The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the proposal submission (mailing a proposal guarantee is not allowed).

Submission of Proposals: Offeror shall submit its Proposal via email to kristina.k.morrow@usace.army.mil.

HARD COPY SUBMISSIONS WILL NOT BE CONSIDERED.

3. EVALUATION FACTORS

Technical (Non-Price) Submission requirements and Evaluation Method

FACTOR 1– Past Performance

Submission Requirements:

Submit the information outlined below for a maximum of 3 projects that have been completed or substantially completed within the last ten (10) years and demonstrate the offeror’s past performance constructing projects similar in size, scope, and complexity to the work required by this solicitation. Describe each project in enough detail to ensure that the Government can meaningfully assess how well the projects submitted meet the evaluation criteria outlined below.

“Substantially complete” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents is “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation how the project is at least 75% complete, the Government reserves the right not to consider the project.

A maximum of 3 projects will be evaluated. If an offeror disregards these instructions and submits more than 3 projects, only the first 3 projects will be evaluated.

For each project, submit the following information:

Information outlined in Attachment A, Offeror Experience Form. Address all items included in Attachment A.

A completed Contractor Performance Assessment Reporting System (CPARS) evaluation, if a completed or interim CPARS evaluation is available as applicable.

If there is not a completed or interim CPARS evaluation, the offeror shall submit a Past Performance Questionnaire (PPQ) for the project. See Attachment B. Do not submit a PPQ when a completed or interim CPARS is available.

o If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment B), which will provide contract and client information for the respective project(s).

o 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, Kristina Morrow, via email at prior to proposal closing date. The offerors shall instruct the clients to refer to the solicitation number in the subject line.

o The PPQs are Source Selection materials. All successfully submitted PPQs will receive an e-mail confirmation upon receipt. If the offeror does not receive the confirmation, it is their responsibility to follow up to ensure the government has received the information.

Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted past performance information in the past performance evaluation.

Offerors may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through CPARS (Contractor Performance Assessment Reporting System), using all CAGE/DUNS (Commercial and Government Entity Code/ Data Universal Numbering System) 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), FAPIIS (Federal Awardee Performance and Integrity Information System), Electronic Subcontract Reporting System (eSRS), or other databases; telephone interviews with organizations familiar with the offeror’s performance, Government personnel with personal knowledge of the offeror’s performance capability, 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.

Evaluation Method:

The past performance evaluation result is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the project outlined in the solicitation requirements.

There are three aspects to the past performance evaluation: recency, relevancy, and quality.

The first aspect is to evaluate whether the Offeror’s past performance is recent, and relevant or not relevant to the solicitation requirements. For this solicitation, recent projects are those projects:

Completed or substantially complete within ten (10) years of the date that proposals are due.

The second aspect is to determine how relevant the Offeror’s past performance projects are to the solicitation requirements. There are four (4) levels of relevancy as shown in the table below.

PAST PERFORMANCE RELEVANCY

RATING DESCRIPTION

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

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

Somewhat Relevant

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

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

In assessing the relevancy of the offeror’s past performance, the government will consider the extent to which the offeror’s submitted construction projects involved the following:

Construction of multi-story buildings;

Construction in Belgium;

Construction of schools;

Ability to coordinate and manage restricted construction spaces and laydown areas;

Experience with the Department of Defense.

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.

The third aspect of the past performance evaluation is to determine how well the contractor performed on its past performance projects. The Government will evaluate the offeror’s past performance to ensure previous work performance satisfactorily met the contract requirements, performance schedules, prescribed quality of work, safety requirements, and other customer expectations on these projects. If any performance issues are identified, the Government will consider the number, type, and severity of the problems and effectiveness of corrective actions taken (where applicable).

The Government reserves the right to obtain or verify offeror’s past performance information from references and other sources available to the Government.

Based on a consideration of those three aspects, the Government will assign a final Performance Confidence Assessment Rating for this factor. The Government will review the past performance information and determine the quality and usefulness as it applies to performance confidence assessment. In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings using he table below.

PERFORMANCE CONFIDENCE ASSESSMENT

RATING DESCRIPTION

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably in the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

In the case of an offeror without a record of relevant past performance of for which information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance, and therefore may receive a “Neutral Confidence” rating.

FACTOR 2 (TAB 3) – Staffing and Work Plan

Submission requirements:

Submit a Staffing and Work plan describing the offeror’s proposed approach to executing the work required by the RFP documents.

The Staffing and Work Plan must include, at a minimum:

Narrative:

o Risks and mitigations associated with limited site access and controlling access to the site during construction;

o Material and personnel procurement and transportation from laydown area to work site;

o How site access and deconfliction will be managed with other site users;

o Recruitment and retention of qualified personnel in accordance with the specifications.

The Staffing and Work Plan narrative shall not exceed fifteen (15) pages.

Submissions exceeding 15 pages will not be read or evaluated beyond the first 15 pages.

Evaluation Method:

The Government will evaluate this factor using the combined technical/risk rating as follows:

COLOR RATING DESCRIPTION

Blue

Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths and/or at least one significant strength, and risk of unsuccessful performance is low.

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

Green

Acceptable

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

Yellow

Marginal

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

Red

Unacceptable

Proposal does not meet the requirements of the solicitation, and thus, contains one or more deficiencies and is unawardable, and/or risk of unsuccessful performance is unacceptably high.

TECHNICAL RISK RATING METHOD

ADJECTIVAL RATING DESCRIPTION

Low

Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties

Moderate

Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance.

Special contractor emphasis and close Government monitoring will likely be able to overcome any difficulties.

High

Proposal contains a significant weakness or a combination of weaknesses which is likely to cause significant disruption in schedule, increased cost or degradation of performance.

Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptable

Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

In determining the strengths and weaknesses, the Government will consider the following when evaluating the offeror’s Staffing and Work Plan:

The extent to which the offeror realistically discusses the means, methods, equipment, and sequence of work for major elements on the critical path; including the procurement and storage of materials;

The extent to which the offeror risk mitigation techniques are achievable;

The feasibility of the offeror’s material and personnel procurement and recruitment plan is achievable;

The extent to which the offeror demonstrates an understanding of the site access limitations, host nation compliance, workspace restrictions, risks, and mitigations.

Factor 3 - Price.

The Price Proposal will be evaluated to determine a fair, reasonable, and realistic price. For evaluation purposes, the total evaluated price will be calculated by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options. Final total evaluated prices must be determined fair, reasonable, and realistic to be considered for award.

In addition to the total evaluated price, Offerors shall also provide a detailed price narrative for each contract line item (CLIN) which shall include the following: Area Cost Factor (ACF), Overhead (JOOH and HOOH), Profit, Mark-Ups, bonding, other cost drivers to include labor discussion of number of shifts and days per week worked, labor restrictions impacting price; long lead items to include any difficulty acquiring any materials and/or equipment over $500K. Please also include any additional cost drivers which have impacted pricing. This information, and a comparative analysis to proposed prices and the Independent Government Estimate will assist in determining fair, reasonable, and realistic pricing for the requirement.

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

Failure to submit complete Pricing Schedule and Price Narrative may result in the offeror’s proposal being rejected by the Government after initial evaluation without further consideration.

The Government intends to use the proposal analysis techniques identified at FAR 15.40-1 to determine a fair and reasonable price. The Government reserves the right to accept other than the lowest priced offer or to reject any and all offers. Offers found to be unreasonably high, may be considered unacceptable and rejected on that basis.

The Government will also review prices to determine whether they are so low that they lack a technical understanding of the requirement.

PROJNET

Offerors with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The bidder inquiry key for the Solicitation is: 5669Y8-Z463B8 Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. No questions, unless in the Government’s interest, will be answered any later than ten business days prior to the stated deadline for offers. All offerors are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s (Questions and Answers) that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the Offeror’s responsibility to monitor for inquiries and responses.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.211-6 Brand Name or Equal AUG 1999 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.228-1 Bid Guarantee SEP 1996 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price construction contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers Europe District Contracting Division (CENAU-CT) Attn: Kris Morrow, Contracting Officer Kristina.k.morrow@usace.army.mil Konrad-Adenauer Ring 39, 7th Floor 65187 Wiesbaden Germany

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

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

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

(b) An organized site visit has been scheduled for:

20 March 2024 at 1300 CET

In order to participate in the site visit, Contractors must submit the SF 550 attachment and return to BOTH kristina.k.morrow@usace.army.mil and alysha.a.macdonald@usace.army.mil NO LATER THAN 08 March 2024 at

1500 CET.

Participants will meet at Avenude du Paris Building 731.

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 48 CFR Chapter 1 provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-8 Annual Representations and Certifications MAR 2023 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS…