B.08.02 RFP Solicitation W912GB21R0027 APS Building 50039 Renovation.pdf

THIS IS A REQUEST FOR PROPOSAL (RFP) FOR THE ARMY PREPOSITIONED STOCKS-2 (APS-2) WHOLE BUILDING 50039, ZUTENDAAL, BELGIUM

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

VALUE TRADE-OFF ACQUISITION METHOD.

A. The estimated Magnitude of Construction is betw een $5,000,000 and $10,000,000.

B. The RFP is solicitated under full and open competition (unrestricted).

C. Aw ard of this contract w ill be made in Euros (EUR)

LORRAINE Q LAURENTE

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

10-Jun-2021

(RFP)

(IFB)

X

CALL:

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 ________420 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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________12 Jul 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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

01:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912GB21R0027 46

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

W912GB21R0027

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

Section 00 10 00 – Price Schedule Section 00 21 16 – Instructions to Offerors Section 00 22 16 – Evaluation Factors for Award Section 00 45 00 – Representations and Certifications Section 00 70 00 – Conditions of the Contract Section 00 72 00 – Contract Clauses Section 00 73 00 – Supplementary Conditions

ATTACHMENTS (Incorporated herein by reference)

ATTACHMENT 1 – Past Performance Information Sheet ATTACHMENT 2 – Past Performance Questionnaire ATTACHMENT 3 – Letter of Commitment Sample ATTACHMENT 4 – Bank Letter of Assurance Sample ATTACHMENT 5 – Bank Letter of Guarantee Sample ATTACHMENT 6 – Specifications Binder ATTACHMENT 7 – Statement of Work (SOW) ATTACHMENT 8 – Site Visit Registration Spreadsheet

Section 00 10 00 - Solicitation

PRICE SCHEDULE

APS 50039 WHOLE BLDG RENOVATION ZUTENDAAL, BELGUIM, USAG BENELUX 16 FEBRUARY

2O21 – PRICE SCHEDULE

Item No. Title Quantity Unit Unit Price Amount

BASE ITEMS

0001 Renovate

Building 50039

1 Job € €

Total of Base Item 0001 €

OPTION ITEMS

0002 Floor

Coating Bldg 50039

1 Job € €

Total of Option Item 0002

Total of all Base and Option Items €

-- END OF PROPOSAL SCHEDULE -

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Renovate Building 50039

FFP

FOB: Destination

PSC CD: Y1EB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job OPTION Floor Coating Building 50039

FFP

PSC CD: Y1EB

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 420 dys. ANP U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-EC-CC-B

KONRAD-ADENAUER RING 39

WIESBADEN 65187

DSN 361-5182

WK4SF6

0002 420 dys. ANP (SAME AS PREVIOUS LOCATION)

WK4SF6

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

1. Introduction. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to select one contractor to renovate Building 50039 as described in the plans and specifications The USACE will award one construction contract. 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 be made available for viewing under Contracting Opportunities at the SAM website (http://www.sam.gov). All amendments will be made available for viewing in SAM. It is 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. 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 CAGE or 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 CAGE/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%2 0NCAGE.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.

http://www.sam.gov/ https://eportal.nspa.nato.int/AC135Public/CageTool/home https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20NCAGE.pdf https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20NCAGE.pdf https://fedgov.dnb.com/webform/

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_searc h=KB0013221.

3. 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: Zutendaal, Belgium

b. Time/Date: The site visit will be scheduled on 22 June 2021 at 1:00pm Central

European Summer Time (CEST) 2021. Please meet at the front gate at the Access Control Point visitor parking area.

c. Registration Instructions: Offerors must pre-register their attendees no later than 5 days prior to the scheduled site visit. To Pre-Register, Offerors shall complete the site visit attendee information sheet (solicitation attachment 8) submit via email to lorraine.q.laurente@usace.army.mil and ryan.s.shoemaker@ 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.

d. On Site Point of Contact. For logistics concerns and questions accessing the site, Offerors are encouraged to contact Civil Engineer, Marcos Gaitan (primary POC) at Marcos.A.Gaitan@usace.army.mil, Phone No. +32470671439 and/or Contracting Officer’s Representative, John Phelan (backup POC) at John.R.Phelan@usace.army.mil, Phone No. +4961197442096.

e. Project Questions. The US Government cannot answer project questions on site. All project questions shall be submitted via ProjNet (see instructions below).

https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.sam.gov/SAM/transcript/Quick_Guide_for_International_Entity_Registration.pdf https://www.sam.gov/SAM/transcript/Quick_Guide_for_International_Entity_Registration.pdf http://www.fsd.gov/ https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221 https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221 https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221 mailto:lorraine.q.laurente@usace.army.mil mailto:Marcos.A.Gaitan@usace.army.mil mailto:John.R.Phelan@usace.army.mil

f. COVID19 Measures. Please visit the Belgian Health Ministry site for the latest COVID-19 guidance.

g. International Travel Restrictions. Interested parties needing to travel internationally should consult with the US Embassy for updates. The most recent announcements pertaining to international travel: https://be.usembassy.gov/covid-19-information/

4. Inquiries. Offerors with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The project number is: W912GB21R0027 The bidder inquiry key is: 7PHT22-RPVXSE

Offerors are requested to review the plans and specifications in their 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. Further, no questions, unless in the Government’s interest, will be answered any later than 10 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 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.

5. 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. Email submission is not authorized. Electronic submissions shall be via DoD SAFE Drop-Off at https://safe.apps.mil/. Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals. Offerors shall request a DoD SAFE “dropoff” no less than one week before the proposal due date. Such requests shall be sent by email to the Contract Specialist, Lorraine Laurente, at Lorraine.Q.Laurente@usace.army.mil and the Contracting Officer, Ryan Shoemaker, at ryan.s.shoemaker@usace.army.mil, and shall specify the name and email address of the individual that will submit the proposal via DoD SAFE. Upon receipt, the Contract Specialist or Contracting Officer will create a drop off request that the Offeror can use to submit its proposal. It is the responsibility of the Offeror to ensure receipt.

http://www.projnet.org/projnet https://safe.apps.mil/ mailto:Lorraine.Q.Laurente@usace.army.mil mailto:ryan.s.shoemaker@usace.army.mil

In the event of technical difficulties with the DoD SAFE site, submission of proposals may be via email to both the Contract Specialist, Lorraine Laurente, at Lorraine.q.laurente@usace.army.mil and the Contracting Officer, Ryan Shoemaker, at ryan.s.shoemaker@usace.army.mil. It is the responsibility of the Offeror to ensure receipt.

b. File Size Limitations. Offerors are advised that the file size limitation for the

DoD SAFE site is 8GB. In the event of technical difficulties with the DoD SAFE site, Offerors are advised that the file size limitation for e-mail files 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.

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 firm’s name, followed by the Solicitation number, followed by the word “RESPONSE,” and finally a brief file description. EXAMPLES:

(1) “Firmname W912GB21R0027RESPONSE Volume I.pdf”

(2) “Firmname W912GB21R0027RESPONSE 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 point or larger and font text shall be legible. Pages shall be letter or A4 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. Proposals shall completely and adequately address the requirements of this Solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. 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.

mailto:ryan.s.shoemaker@usace.army.mil.

e. Submission & Deadline. Interested parties shall submit responses no later than the date specified on the solicitation document utilizing DoD SAFE Drop-Off via https://safe.apps.mil/. Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals. A drop-off request is valid for 14 days. The time and date of proposal receipt will be the delivery time and date recorded on the Government’s server. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Offerors are encouraged to keep a copy of the file upload confirmation but shall also request confirmation. The time and date of proposal receipt will be the delivery time and date recorded of email receipt on the Government’s server.

The time the electronic submission is sent by the interested party is not determinative.

f. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

g. The following volumes of material shall be submitted:

Volume I, Technical Proposal

Tab A – Factor 1 Past Performance

Tab B – Factor 2 Technical Approach

Volume II, Price and Administrative Requirements

Tab C – Executive Summary

Tab D – Completed Solicitation Form (and amendments)

Tab E – SAM Registration, Representations & Certifications

Tab F – Bank Letter of Assurance (BLA), Bank Letter of Guaranty (BLG), Bonds, Insurance and other Sureties, and Financial Information:

Tab G – Factor 3 Price https://safe.apps.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_215.htm#P2_52

The following definitions are provided to Offerors for informational purposes:

Strength. An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an Offeror’s 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.

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

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

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

Clarification. Limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated. See FAR 15.306.

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as CPARS or FAPIIS.

1. Volume I, Technical Proposal

a. Tab A - Factor 1, Past Performance.

SUBMISSION REQUIREMENTS:

Offerors shall submit a maximum of three (3) projects completed or substantially completed within the last six (6) years (from the RFP issue date) which are similar to this project in size and scope. Projects completed more than six (6) years before the solicitation issue date may be considered for evaluation purposes but may lessen the overall relevancy rating for that project. An Indefinite Delivery Indefinite Quantity (IDIQ) contract may be submitted only if a single task order could be considered similar to this project.

Task orders may not be combined in order for the project to be considered similar.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P4_308 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P4_308 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P4_308 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P4_308 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P290_46318 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P290_46318

“Substantially completed” 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 completed,” 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 that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

Projects considered similar in size would be a minimum of $6,000,000.

Projects considered similar in scope to this project include:

i. Projects that include whole building renovations.

ii. Projects that demonstrate working within the European Union.

iii. Projects that demonstrate experience with the Design-Build and/or Design-Bid-Build Project Delivery Method.

Projects that contain the features below may be considered more relevant:

i. Projects located in Belgium.

ii. Projects that demonstrate experience working with U.S. or

Belgian governments on U.S. or Belgian Host Nation military installations.

iii. Projects demonstrating experience working with proposed key subcontractors, team members, and/or proposed JV partners (if applicable).

Offerors are cautioned that the evaluators may assess weaknesses against experience examples that demonstrate a significant lack of experience in one or more of the criteria listed above, that are not verifiable, and/or where the Offeror (or contractor/firm they rely upon) role was minor in comparison to the whole project. Offerors must specifically cite the work they were responsible for under each project (e.g., if the Offeror was a JV on a prior project but not submitting as a JV for this project or if the Offeror utilized other contractors to perform work on prior projects, the Offeror must provide what the Offeror performed only). Additionally, Offerors are cautioned to provide enough detail for an assessment to be documented.

If the Offeror wants the Government to consider a Teaming Arrangement for its past performance, it shall identify all such entities in its proposal and provide at least one qualifying sample project for each such entity. Please note: the provided projects should reflect the same or significantly similar scope of work that will be performed by that entity under this contract.

Teaming Arrangements: If an Offeror wishes to be credited with the past performance of a committed Subcontractor, team member, or Affiliate (i.e., sister or parent company or any firm that is not the Prime Contractor) a Letter of Commitment signed by the Committed Subcontractor, team member, or Affiliate and the Prime Contractor shall be submitted. A Letter of Commitment sample is provided as an attachment to the solicitation. The Offeror must comply with the substantive terms of this sample commitment letter. If the Offeror provides sample project(s) from a committed firm, it must explain how the work performed on that project is relevant to the work the Subcontractor or Affiliate will perform under this Contract.

The Offeror shall complete a Past Performance Information Sheet provided as an attachment to this RFP or a similar document for each project. Past Performance Information Sheets or a similar document shall not exceed four

(4) pages per project.

If more than three (3) projects are submitted by an Offeror, the Government will only review the first three (3) projects. The projects will be reviewed in the order in which they are received in Offeror’s submitted proposal.

For each project submitted under Factor 1, Offerors shall include completed Contractor’s Performance Assessment Reporting System (CPARS) record or completed Past Performance Evaluation Questionnaire Form. If available, a completed record from the CPARS will be accepted for evaluation under this factor. An interim completed CPARs rating will be considered if a final record is not available. If a completed CPARS record is not available at all, Offerors shall complete and provide a Past Performance Questionnaire (PPQ) Form, provided as an RFP Attachment.

PPQ Instructions: The Offeror shall complete Blocks 1-4 of the provided PPQ and have the Contracting Activity and the Technical Representative responsible for the past/current contract complete the remainder of the PPQ.

Offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with the proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact via email no later than the closing date of this RFP at Ryan.S.Shoemaker@usace.army.mil and lorraine.q.laurente@usace.army.mil.

Also include copies of performance recognition documents received for the Factor 1 projects such as awards and/or award fee determinations. Offerors shall provide a copy of any Cure Notices or Show Cause Letters received by the Offeror for each submitted project and a description of any corrective action implemented by the Offeror. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

mailto:Ryan.S.Shoemaker@usace.army.mil

Please note: the Government will not be able to adequately assess the experience expertise or past performance of an entity other than the Offeror if no sample project and past performance data is provided for that entity.

NOTE: Where a project was awarded as a task order or delivery order under an Indefinite Delivery / Indefinite Quantity type contract, Offerors are cautioned to submit information specific to the task or delivery order rather than the base contract.

As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal. The proposal must include a narrative that explains the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full delineation of roles and responsibilities of team members, and the duration of the agreement, etc.). The proposal must also include an agreement that has been executed between/among all team members. The proposal and agreement must be consistent; substantive inconsistencies between the proposal and agreement may be construed against the Offeror. The timely submission of the executed teaming agreement prior to award shall be a precondition to a finding of responsibility. NOTE: For the purposes of evaluation under this RFP, if one of the parties in a teaming arrangement possesses relevant past performance, the past performance of that firm will be considered as the past performance of entire teaming arrangement.

a. JVs. If the Offeror is a JV, the Offeror must provide evidence of a fully executed legally binding JV agreement, which creates legal responsibility on the part of all contractors in the JV. Further details surrounding requirements related to the JV agreement are provided earlier in this section.

b. Affiliates. In the case of an Offeror’s affiliates, past performance of an Offeror’s “affiliate,” as that term is defined in FAR 2.101 will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully (e.g., roles, responsibilities, etc.)

in the performance of the contract resulting from this solicitation. This commitment, nature of each entity’s relationship and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate. If a teaming agreement or commitment is not provided, the past performance of any affiliate or team members outside of the Prime Offeror will not be considered.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P707_126651

c. Other Teaming Arrangements. In the case of prime-sub teams (e.g., if an Offeror proposes to utilize a “key subcontractor”), the agreement must reflect that the prime contractor is vested with control and responsibility for the daily management of the work, and that it remains responsible for contract performance, including those items allocated to a subcontractor on the team.

Offerors are reminded that the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors. However, consistent with FAR 9.104-4, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so. Finally, any resulting subcontract(s) may not deviate from the substantive provisions of the teaming agreement. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default. There can be no substitution of subcontractor team members except that, in the case of a prime-sub team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. Note: Only a Contracting Officer can approve such a change after contract award.

b. Tab B - Factor 2, Technical Approach.

The Technical Approach shall not exceed twenty (20) pages. If more than twenty (20) pages are submitted, only the first twenty pages will be reviewed and evaluated. The Offeror shall provide a Technical Approach Narrative describing their proposed approach to executing the work required by the RFP. The Offeror must demonstrate how it plans to execute the work from start to finish, meeting the performance requirements defined in Section 01 10 00 Summary of Work, and the capability to plan and execute the complete project.

Technical Approach Narrative. The technical approach shall include a description of all of the following, which shall be tailored to the project contemplated by this RFP:

i. Manpower required to construct the project (include the make-up of teams by trade), and a Subcontracting Plan that specifies which technical aspects the Offeror plans to self–perform as the prime contractor and, which tasks the subcontractor(s) will perform.

ii. The Offeror’s knowledge of requirements and constraints applicable to work in Belgium and regionally near the project location, to include the Offeror’s knowledge of permitting requirements applicable to a project of this size and type.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/09.htm#P42_8238

iii. The Offeror’s safety and quality control processes.

iv. The three (3) main areas of risk identified by the Offeror, along with the plan to mitigate the risks.

2. VOLUME TWO – ADMINISTRATIVE MATTERS / PRICE

a. Section A - Executive Summary. Include a one (1) page cover letter and any applicable fully-executed JV agreements; fully-executed teaming agreements; and Letters of Commitment between the Prime Contractor and Key Subcontractor or Affiliate.

i. The cover letter shall be in accordance with FAR 52.215-1(c)(2), including:

(1) The Solicitation number.

(2) The Offeror’s name, address, and phone/email contact information.

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

(4) 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.

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

ii. 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 having overall control of the JV.

(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) A statement in the agreement that each member of the JV will be jointly and severally liable for any obligations under the contract.

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

iii. Other formal teaming agreements (also see C. EVALUATION

APPROACH, 2. TEAMING ARRANGEMENTS) shall include the following:

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

(2) A Letter of Commitment between the Prime Contractor and other teaming party (Key Subcontrator and/or Affiliate). A Letter of Commitment sample is provided as an attachment to the solicitation.

b. Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this Solicitation. If applicable, Offerors shall also submit a completed SF 30 for each Solicitation amendment, acknowledging all the amendments.

c. Section C – SAM Registration, Representations & Certifications. Offerors shall submit the following:

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award

Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

d. Section D – Bank Letter of Assurance (BLA),Bank Letter of Guaranty (BLG), Bonds, Insurance and other Sureties, and Financial Information:

40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act) and FAR 28.102 require a 100% performance and payment bonds issued by an acceptable corporate surety for any construction contract exceeding $150,000. This requirement may be waived, however, by the Contracting Officer for work performed in foreign countries if it is found that it is impracticable for the contractor to furnish such bond.

This contract will be performed in a country outside the United States, and the Contracting Officer has found that it is impracticable for many otherwise eligible firms to access bonding from approved sureties. As such, and in accordance with FAR Part 28 and applicable contract clauses, the following bonding options and financial protections from other sureties are considered acceptable by the Contracting Officer:

1. A 100% performance and payment bond, as specified by 52.228-15, Performance and Payment Bonds – Construction.

The contracting officer will only accept performance and payment bonds from corporate sureties that appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies,” or bonds supported by coinsurance or reinsurance agreements from such listed sureties and conforming to the Department of the Treasury regulations in 31 CFR 223.10 and 223.11, as elaborated in FAR Part 28. The Contracting Officer requires any reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds.

If an Offeror intends to provide performance and payment bonds upon contract award, it must provide with its proposal a Bid Bond or other Bid Guarantee conforming to the requirements in FAR provision 52.228-1.

2. A Letter of Guarantee, as specified in clause 52.000-4062, “BANK LETTER OF GUARANTY,” equal to 15% of the contract award.

http://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm#P741_133498

This letter may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the Contracting Officer. This letter must conform to the requirements in clause 52.000-4062 and substantively follow the model provided in the RFP. The Letter of Guaranty must be accompanied by a notarized Certificate of Authority.

If an Offeror intends to provide a Letter of Guarantee upon contract award, it must provide with its proposal a Bank Letter of Assurance (BLA) equal to 15% of the proposed price and substantively following the model provided in the RFP.

It should be noted that the Government will draw on Letter of Guaranty when the contractor fails to comply with the terms and conditions of the contract, or does not fulfill his undertaking in whole or in part. As this contract requires the prime contractor to ensure the timely payment of satisfactorily performing subcontractors (see, e.g., FAR 52.232-2(c)), the failure to pay subcontractors can be considered a breach of contract and may result in the Government drawing on this Letter of Guaranty.

3. An Irrevocable Letter of Credit that complies with the requirements of clause 52.228-14 – “Irrevocable Letter of Credit” and is equal to 15% of the contract award.

An ILC must secure both performance and payment under the contract and substantively conform to the model provided in clause 52.228-14. It must be issued or confirmed by a federally insured financial institutions rated investment grade. As per 52.228-14(d), the Offeror must provide the Contracting Officer a credit rating from a recognized commercial rating service that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC.

4. Certified or cashier’s checks, bank drafts, money orders, or currency equal to 15% of the contract award.

The checks, drafts, or money orders shall be in the same currency as the currency specified for the award of the contract. The checks, drafts, or money orders shall be drawn to the order of the U.S. Army Corps of Engineers Europe District Finance and Accounting Officer.

5. United States bonds or notes equal to 15% of the contract award.

The bond or note must be accompanied by a duly executed power of attorney and agreement authorizing the collection or sale of such United States bonds or notes in the event of default of the principal on the bond. The Contracting Officer may --

(a) Turn securities over to the finance or other authorized agency official; or

(b) Deposit them with the Treasurer of the United States, a Federal Reserve Bank (or branch with requisite facilities), or other depository designated for that purpose by the Secretary of the Treasury, under procedures prescribed by the agency concerned and Treasury Department Circular No. 154.

If an Offeror will use any of the Bid Guarantee options described in paras. 3-5, above, or a BLA described in para. 2, above, their proposal must indicate that intent at Volume II Section A. Only the above options will be considered acceptable unless an alternative is approved by the Contracting Officer in advance of the closing date for the receipt of proposals in a formal amendment to the solicitation.

FAILURE TO PROVIDE A BID GUARANTEE OR LETTER OF

ASSURANCE AS PRESCRIBED ABOVE WILL DETERMINE YOUR

PROPOSAL TO BE INCOMPLETE AND IT WILL NOT BE

EVALUATED. FAILURE TO PROVIDE A PAYMENT AND

PERFORMANCE BOND OR A BLG AS PRESCRIBED ABOVE MAY

BE GROUNDS FOR TERMINATION FOR DEFAULT. HOWEVER,

THE OFFEROR MAY SUBMIT COMPLETE AND PROPERLY

EXECUTED ELECTRONIC COPIES OF ANY OF THE ABOVE

REQUIRED DOCUMENTS WHEN THEY ARE DUE IF ORIGINALS

CANNOT BE OBTAINED DUE TO COVID-19 VIRUS

RESTRICTIONS, PROVIDING THAT THE ORIGINAL DOCUMENTS

ARE FURNISHED TO THE GOVERNMENT AS SOON AS THEY ARE

AVAILABLE.

6. Financial Information.

Offerors shall submit financial information to demonstrate they have adequate financial resources to perform the contract, or the ability to obtain them. For example, past three years financial statements, annual reports, Dun & Bradstreet Ratings, and/or bank name, phone number and POC, etc.

e. Section E – Price

SUBMIT PRICE AS PART OF VOLUME II ONLY. DO NOT SUBMIT PRICE

WITH THE VOLUME I NON-PRICE FACTORS.

The Offeror is required to submit a complete Price Schedule that includes completion of all contract line item numbers (CLINs). An Offeror that fails to submit a complete price proposal may be considered unacceptable and may not receive further consideration.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.236-28 Preparation of Proposals--Construction OCT 1997

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

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:

See Section 00 21 16 for pre-proposal conference and site visit information.

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

Section 00 22 16 - Supplementary Instructions to Proposers

EVALUATION FACTORS FOR AWARD

Evaluation Factors for Award

A. BASIS FOR AWARD

The Government will utilize the Best Value Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to determine best value. This process permits tradeoffs among cost or price and non-cost factors. Award will be made to the Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors described in paragraph C of this section. The Government considers it to be in its best interest to allow award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406. In accordance with FAR 15.304(e), the non-price factors, when combined, are approximately equal in importance to price. The non-price Factor 1 – Past Performance is more important than non-price Factor 2

– Technical Approach.

B. FACTORS TO BE EVALUATED

All…