B.08.02 R230007 Solicitation.pdf

This project The Request for Proposal (RFP) provides parameters for a design-build project for construction of a new National Malaria Reference Laboratory (NMRL) facility in Lakka, Sierra Leone; Latitude 8°23'53.50"N, Longitude 13°15'50.14"W.For detailed requirements; see Statement of Work.

THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS.

THE GOVERNMENT CONTEMPLATES THAT THIS SOLICITATION WILL RESULT IN A SINGLE FIRM-FIXED PRICE CONTRACT AWARD USING A:

BEST VALUE TRADE-OFF ACQUISITION METHOD.

A. The estimated Magnitude of Construction is betw een $250,000 and $500,000.

B. This RFP is solicited under full and open competition (unrestricted).

C. Aw ard of this contract w ill be made in US Dollars ($).

This is a f ull and open procurement. NAICS code is 236220. Size Standard is $36,500,000. Please note that business size in the System for Aw ard Management (SAM) is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM, the business w ill be considered other than small business. Central Contractor Registration and ORCA are now available through SAM, available at w w w .sam.gov. Offerors must comply w ith the requirements of 52.204-6, 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORC

THOMAS BOOKOUT +49 174 632 6882

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

04-Nov-2022

(RFP)

(IFB)

X

CALL:

National Malaria Reference Lab (NMRL), Sierra Leone

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 _______7 calendar days and complete it w ithin ________455 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Jan 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

IAF-23-0007

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

FAX:TEL: TEL: FAX:

W912GB23R0007 40

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

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 PDS Validation

20221104090234

SOLICTATION

PRICE AND PAYMENT PROCEDURES

PART 1 GENERAL

1.1 PAYMENT TYPES

The costs for performance of any work required by the contract which is not associated with a specific base or option item description shall be included in the first base item (Base Item 0001).

1.1.1 Single Job Payment Items

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the PRICE SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, are included in the listed job item most closely associated with the work involved.

The job price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2 SCHEDULE OF ITEMS: BASE ITEMS

1.2.1 Base Item 0001: Design and Construction of the National Malaria Reference Laboratory (NMRL)

Unit of Measure: Job.

Payment will be made for costs associated with the design and construction of the National Malaria Reference Laboratory (NMRL) as indicated in the SECTION 01 10 10 and its attachments, with the exception of option items listed below. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

This item excludes works included in Bid Options 0001-0002.

1.3 SCHEDULE OF ITEMS: OPTION ITEMS

1.3.1 Option 1: Item 0002: Breakroom, Storage, and Janitor Closet

Payment will be made for costs associated with design and construction of the Breakroom, Storage, and Janitor Closet as described in the SECTION 01 10 10 and as shown on the conceptual and functional layout attachments to the SECTION 01 10 10. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

1.3.2 Option 2: Item 0003: Rain Catchment System

Payment will be made for costs associated with design and construction of the Rain Catchment System as described in the SECTION 01 10 10 and as shown on the conceptual and functional layout attachments to the SECTION 01 10 10. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

1.3.3 Option 3: Item 0004: Photovoltaic (PV) System with Batteries

Payment will be made for costs associated with design and construction of the Rain Catchment System as described in the SECTION 01 10 10 and as shown on the conceptual and functional layout attachments to the SECTION 01 10 10. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section -

W912GB23R0007

Offerors shall provide pricing for all base and option items.

The following items include providing all labor, materials, equipment, and services necessary to complete the design and construction of the work identified in the attached Plans, Specifications, Statement of Work (SOW), Solicitation/Request for Proposal. It also includes preparation of all documents, submittals, and schedules;

inspections; and compliance with all technical, quality control, administrative, and safety requirements. All work shall be performed in accordance with these documents. Refer to Specification Price and Payment Procedures for additional description of the work associated with each of the items.

Period of Performance: Refer to clause COMMENCEMENT PROSECUTION AND EXECUTION OF WORK (52.211-10) in the Solicitation/Request for Proposal for the period of performance for all base and option items.

Liquidated Damages: Refer to clause LIQUIDATED DAMAGES-CONSTRUCTION (52.211-12) in the Solicitation/Request for Proposal for the liquidated damages for all base and option items.

Option Items: The Government reserves the right to award the options up to 90 calendar days from contact award.

See Section 01 22 00 for additional information regarding the award of options.

Item No. Description Quantity Unit Unit Price Amount

BASE ITEMS

Base Item 1: Design and Construction of the National Malaria Reference Laboratory

(NMRL)

1 Job $ $

Total of Base Items 0001 $

OPTION ITEMS

Option Item 1: Design and Construction of the Breakroom, Storage, and Janitor Closet

1 Job $ $

Option Item 2: Design and Construction of the Rain Catchment System

1 Job $ $

Option Item 2: Design and Construction of the Photovoltaic (PV) System with Batteries

1 Job $ $

Total of Option Items 0002 thru 0004 $

Total of all Base and Option Items $

EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

-- END OF PROPOSAL SCHEDULE --

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Design and Construction NMRL

FFP

Payment will be made for costs associated with the design and construction of the National Malaria Reference Laboratory (NMRL) as indicated in the SECTION 01 10 10 and its attachments, with the exception of option items listed below. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

This item excludes works included in Bid Options 0001-0002.

FOB: Destination

DWG NR: SOW

PROJECT: AF7

PSC CD: Y1JZ

NET AMT

0002 1 Job OPTION Breakroom, Storage, and Janitor Closet

FFP

Option Item 1: Design and Construction of the Breakroom, Storage, and Janitor Closet; See SOW FOB: Destination

DWG NR: SOW

0003 1 Job OPTION Rain Catchment System

FFP

Payment will be made for costs associated with design and construction of the Rain Catchment System as described in the SECTION 01 10 10 and as shown on the conceptual and functional layout attachments to the SECTION 01 10 10. This work shall include all applicable demolition and removals work to support the work elements contained in this item.

FOB: Destination

DWG NR: SOW

0004 1 Job OPTION Photovoltaic (PV) System with Batteries

FFP

See SOW FOB: Destination

DWG NR: SOW

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 455 calendar days after the contractor receives the Notice to Proceed. Any options, if awarded, shall be completed concurrently with all other work.

The time stated for completion shall include final cleanup of the premises. The Government intends to issue a single Notice to Proceed for all work.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $443.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

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

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

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

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

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

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

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

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

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

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

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

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

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

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

(f) Contract award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

(a) The Contractor shall--

(1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed;

(2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR

702.201 to 702.203);

(3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232);

(4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419);

(5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251);

(6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234);

(7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and

(8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704.

(b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies.

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:

US ARMY CORPS OF ENGINEERS

CONTRACTING DIVISION (CENAU-CT)

KONRAD ADENAUER RING 39

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) Site visits may be arranged during normal duty hours by contacting:

Name: Genesis "Gigi" Garcia; and Eric Stevenson Address: stevensonew@state.gov; eric.w.stevenson.mil@mail.mil; garciag2@state.gov;

genesis.garcia5.mil@mail.mil Telephone: +232-99-90-5305

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/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

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

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

1. Introduction. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to select one contractor to design and construct the project described in the Scope of Work (SOW). To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will made available for viewing under Contracting Opportunities within the Beta SAM website (https://beta.sam.gov). All amendments will be made available for viewing within Beta SAM. It shall be the Offeror’s responsibility to check the website for any amendments. NOTE:

When the word “Offeror” is encountered in the RFP, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this Solicitation. When the word “Government” is encountered, it is intended to mean USACE NAU. “Request for Proposal,” “RFP” and “Solicitation” are used synonymously throughout.

2. Evaluation Approach. The evaluation procedures are in accordance with Federal Acquisition Regulation Part 13.106-2(b)(3) – Price and Other Factors. Award will be made to an Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors described herein. The Contracting Officer will award a firm fixed price contract to the responsible offeror that conforms to the solicitation, is determined to have proposed a fair and reasonable price and whose offer presents the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

3 SPECIAL NOTICE: SAM Registration: In order to do business with the US Government as a contractor, a company must be registered with the System for Award Management (SAM, www.sam.gov). In order to register on SAM, a company must obtain a NCAGE code and a DUNS number. You can apply for an NCAGE code and a DUNS number simultaneously, but both must be obtained in order to register on SAM. Specific instructions how to obtain a NCAGE code, a DUNS Number, and a SAM Registration are as follows:

a. NCAGE Code. An NCAGE code is a five-character ID number used by the US Government to identify international companies. All non-US firms must obtain an NCAGE code. How does your company obtain an NCAGE Code? If you are a vendor located outside the United States, one can be obtained at no cost by visiting https://eportal.nspa.nato.int/AC135Public/CageTool/home. Further information about NCAGE codes is available at:

https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20NCAGE.pdf. Generally it takes approximately 24-48 hours to obtain an NCAGE code.

b. DUNS Number. A DUNS number is a unique nine-digit identification number for each physical location of a business. How does your company obtain a DUNS number? Go to the following web location to obtain a DUNS number at no cost: https://fedgov.dnb.com/webform/. Generally it takes approximately 7-10 business days to obtain a DUNS number.

c. SAM Registration. The System for Award Management (SAM) is a registration database required for all US Federal Government Contracts and where you will find contract opportunities all over the world. You can register on SAM at: https://www.sam.gov/SAM/pages/public/loginFAQ.jsf. For help with SAM registration, see the SAM Quick Start guide at:

https://www.sam.gov/SAM/transcript/Quick_Guide_for_International_Entity_Registration.pdf. For additional help at no cost, contact the Federal Service Desk at www.fsd.gov or by telephone at +1-866-606-8220 (toll free) or +1- 334-206-7828 (internationally). Generally it takes approximately two weeks to for SAM to activate a registration, from the date it receives a completed registration. Please take notice that SAM has an entity registration requirement that firms submit an "original, signed notarized letter before the registration will be activated." Instructions for international entities (not located in the U.S. or its outlying areas) can be found at: https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221.

4 Pre-Proposal Site Visit. The Government will hold a pre-proposal site visit. Offerors are strongly encouraged to attend the site visit. Details are as follows:

a. Location: See Project Location Map, provided as a solicitation attachment.

b. Time/Date: 30 November 2022 at 11:00 AM local time

c. Registration Instructions: Offerors must pre-register their attendees no later than 29 November 2022.

To Pre-Register, complete the site visit attendee information sheet (solicitation attachment) submit via email to joshua.d.mueller@usace.army.mil. Offerors MUST pre-register in order to attend the site visit. IMPORTANT:

Any individuals planning to attend must register in advance with their full name, organization name, job title, and passport information or they will not be permitted access to the sites—please use the attendee information sheet attached to the RFP. Also, space may be limited and as a result the number of attendees per company may be limited.

d. On Site Point of Contact. For logistics concerns and questions accessing the site, Offerors are encouraged to contact:

Name: Genesis "Gigi" Garcia or Eric Stevenson Address: stevensonew@state.gov; eric.w.stevenson.mil@mail.mil; garciag2@state.gov;

genesis.garcia5.mil@mail.mil Telephone: +232-99-90-5305

COVID19 Measures and International Travel Restrictions. Due to the recent rise of COVID-19 cases, many Governments have implemented various important protocols to help spread infection. Offerors are advised to familiarize themselves with the measures that may impact the work under this contract, including possibly international travel restrictions.

5 Inquiries. Offerors with technical inquiries shall submit their inquiries in writing via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. The bidder inquiry key is W9UCR6-NUHJJF. The government reserves the right to decline addressing certain questions. Further, no questions, unless in the government’s interest, will be answered any later than ten calendar days prior to the stated deadline for offers. All Offerors are encouraged to register on ProjNet for alerts so as to stay abreast of Q&A’s that are posted in reference to this solicitation. Only self-registered users on ProjNet can submit & 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.

6 General Proposal Submission Requirements.

a. Electronic Proposals. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Electronic submissions shall be via email to both the Contract Specialist, MAJ Matt Bookout, at thomas.m.bookout@usace.army.mil and the Contracting Officer, MSG Eliud Temblador, at eliud.temblador@usace.army.mil. As an alternative, Offerors may utilize the DoD SAFE Site (https://safe.apps.mil).

It is the responsibility of the Offeror to ensure receipt.

b. File Size Limitations. Offerors are advised that the file size limitation is 10MB due to email server restrictions. If needed, Offerors are advised to break the files down into smaller sections and deliver in separate emails. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below. If utilizing the DoD SAFE site, the file size limitation is 8GB.

c. File Names. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention: Each filename shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name, and finally a brief file description. EXAMPLES:

(1) “IAF-23-0007 RESPONSE Firmname Volume I.pdf”

(2) “IAF-23-0007 RESPONSE Firmname Volume II.pdf”

d. File Organization, Formatting, and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

e. Submission & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of proposal receipt will be the delivery time & date recorded of email receipt on the Government’s server. Do not assume that electronic submission will occur instantaneously. Offerors should time their email submission with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Offerors are encouraged to keep a copy of the delivery and/or read confirmation for their record but should also request confirmation. Submissions after the deadline may be emailed to the Contract Specialist, MAJ Matt Bookout, at thomas.m.bookout@usace.army.mil and the Contracting Officer, MSG Eliud Temblador, at eliud.temblador@usace.army.mil, but be advised they will be considered late and as such will be processed in accordance with FAR 15.208.

f. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

7. Submission Requirements, Volume I, Non-Price Proposal: Volume I should include a section for each

Non-Price factor. Volume I should be organized as follows:

a. Executive Summary. Include a one page cover letter, and any applicable executed Joint Venture (JV) agreements or other evidence of formal teaming agreements.

i. JV agreements shall include the following:

(1) A copy of their JV agreement in English, signed by all parties of the JV.

(2) A detailed statement outlining the following in terms of percentages, where appropriate:

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

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

(c) The structure of the JV and decision-ranking responsibilities of the JV 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 JV to subcontracts and state who will provide or contract for the labor and materials for the JV.

(e) Identification of party maintaining the JV 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

JV.

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

(g) Identification of party having overall control of the JV.

(h) A statement that the JV partners are jointly and severally liable under the contract.

(3) Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual JV parties and identify the party, or hired as employees of the JV.

(4) If one of the JV parties possesses relevant experience and/or past performance, the experience and/or past performance of that firm will be considered as the experience and/or past performance of the JV.

(5) A complete and legally binding document with all the information required under this section titled “JVs” shall be included.

ii. Other formal teaming agreements shall include the following:

(1) A copy of their teaming agreement in English, signed by all parties of the team.

b. Factor 1, Technical Approach. The Government requires that the Offeror provide the following:

i. Offerors should submit their proposed technical approach to accomplish design and construction tasks covered in the SOW included in this solicitation. Offerors should limit their technical approach to twenty pages (A4 or letter size) using at a minimum a 10 pitch font and should describe the following:

(1) Manpower required to design and construct the project (include the make-up of teams by trade).

(2) Any specialized tools and equipment, required to construct the project.

(3) How the Offeror will ensure cost effective purchase of building materials

(4) A plan that includes discussion of how the Offeror plans to track and financially plan for Value

Added Tax (VAT) reimbursements or exemptions applicable to work in the Host Nation.

(5) The Offeror’s safety processes.

(6) The Offeror’s quality control processes.

(7) Knowledge of requirements and constraints applicable to work in the Host Nation and regionally near the project location.

(8) Subcontracting Plan that specifies which technical aspects the Offeror plans to self–perfrorm as the prime contractor and which tasks the subcontractor(s) will perform, and explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality workmanship in accordance with the SOW.

c. Factor 2, Schedule. Offerors should include a schedule and an accompanying narrative with the minimum components listed below, and using the assumptions specified herein.

i. Schedule Narrative. The schedule narrative should not exceed eight pages (A4 or letter size), using at a minimum a 10 pitch font and should accomplish the following:

(1) Define what primary assumptions used in the Offeror’s schedule.

(2) Discuss skilled and unskilled labor requirements the Offeror anticipates for critical schedule elements.

(3) Identify how the Offeror will manage submittals in advance (e.g. 30, 60, and 90 days out), and discuss what potential issues it anticipates and how it will proactively resolve them.

(4) Discuss how the Offeror will manage subcontractors from a schedule perspective.

ii. Schedule. The schedule submission may be submitted MS Excel, MS Word, or Adobe pdf file format and should be specifically-tailored to the project contemplated by this solicitation. If prepared in Primavera "xer", the Offeror may submit a Primavera file also, The schedule should include the activities listed below:

(1) Contract Award

(2) BLG, Insurance Submission and other pre-construction approvals

(3) Notice to Proceed (NTP)

(4) Submission of each design submittal required in the SOW.

(5) Design submittal review periods as specified in the SOW

(6) Preconstruction submittals

(7) Site Mobilization

(8) Construction activities across various construction trades

(9) Initial and Final Inspections

(10) Closeout documents

(11) Construction completion

(12) Warranty

iii. Schedule Assumptions. For the purposes of evaluation under this factor, the Offeror should utilize the following assumptions: plan for a 455 calendar day construction duration, Offeror should use the dates of 13 January 2023 for award and 20 January 2023 for issuance of the NTP, and should prepare the schedule assuming that all base line items and options will be awarded on that date.

d. Factor 3, Past Performance. No submission is required, but Offerors are encouraged to submit a narrative explaining any past performance that is relevant to the project contemplated by this solicitation and demonstrates they will be successful if awarded the contract. The Government will evaluate Past Performance by reviewing, at a minimum, the Offeror’s proposal, the Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting System (CPARS), and System for Award Management (SAM). The Government evaluation will be subjective, and will use independent judgment in determining relevancy of an Offeror’s past performance and confidence pertaining to the perceived likelihood of its future success. Offerors may also provide a completed past performance questionnaire for completed projects, which is provided as an RFP attachment.

8. Volume II, Price Proposal and Administrative Matters: Volume II should include the following:

a. Cover Letter. Offerors should submit a cover letter including the following language:

i. The solicitation number.

ii. The Offeror’s name, address, and phone/email contact information.

iii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered.

iv. Names, titles, and telephone / email contact information of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

v. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

b. A completed Standard Form (SF) 1442, using a…