B.08.02 Solicitation MCC_Miscellaneous Repairs.pdf

US Army Corps of Engineers Kansas City District Building Strong

Military Correctional Complex (MCC) Miscellaneous Repairs Fort Leavenworth, Kansas

Design Build PHASE 1 of 2 – Request for Proposal

Solicitation W912DQ-20-R-4024

June 2020

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W912DQ-20-R-4024

DEPARTMENT OF THE ARMY

KANSAS CITY DISTRICT, CORPS OF ENGINEERS

757 FEDERAL BUILDING

KANSAS CITY, MISSOURI 64106

SPECIFICATIONS FOR CONSTRUCTION OF

MILITARY CORRECTIONAL COMPLEX (MCC) MISCELLANEOUS REPAIRS

FORT LEAVENWORTH, KANSAS

TABLE OF CONTENTS

COVER

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTAION AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

00 73 46 WAGE DETERMINATION RATES

DIVISION 01 – GENERAL REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 16.00 10 DESIGN DATA (DESIGN AFTER AWARD)

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 78 00 CLOSEOUT SUBMITTALS

-- End of Project Table of Contents --

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Miscellaneous Renovation Work at the Military Correction Complex at Ft. Leavenw orth, KS.

PROJECT DESCRIPTION: The purpose of this solicitation is to aw ard a contract that w ill be used for miscellaneous renovations w ork at the Military Correction Complex at Ft. Leavenw orth, Kansas. The MCC includes maximum and medium security prison areas that w ill remain occupied during construction.

The scope of this Design-Build contract for the MCC includes the follow ing:

Repair show ers in domicile pods; replace plumbing in some areas;replace HVAC and DDC controls; replace fire alarms; parking lot repairs;repair dining facility floors; replace f loor coverings throughout complex; replace roofs; replace underground hot and chilled w ater piping system.

The requirement is an Unrestricted/Full and Open competitive acquistion; both small and large businesses are eligible to respond. This solicitation w ill use a 2 Phase Design-Build procurement methodology as described in FAR Part 36.3 and w ill result in a Firm Fixed Price aw ard.

NAICS Code: 236220 (Size Standard: $39.5M) In accordance w ith FAR 36.204 and DFARS 236.204, the estimated magnitude of this project is betw een $10,000,000 and $25,000,000.

CAROL W HODGES 816-389-3732

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

24-Jun-2020

(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 _______10 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Jul 2020 (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

USACE, KANSAS CITY +

FEDERAL BLDG. CT-M RM 647; 601 E 12TH ST

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

816-389-2030FAX:TEL: 816-389-3976 TEL: FAX:

W912DQ20R4024 96

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

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104 FOR

OFFICIAL USE ONLY

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Design of all Base CLINS

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Design of all base CLINs, for the Military Corrections Complex located at Ft. Leavenworth, Kansas .

FOB: Destination

NET AMT

0002 1 Job Repair USDB showers

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the USDB showers (B1140, 1141, 1142) at the Military Corrections Complex located at Ft. Leavenworth, Kansas .

0003 1 Job Replace USDB fire alarms

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the USDB fire alarms (B1140, 1141, 1142, 1144) at the Military Corrections Complex located at Ft. Leavenworth, Kansas.

0004 1 Job Replace MCC roofs

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the USDB and JRCF roofs (B1140, 1141, 1142,1144,1147) at the Military Corrections Complex located at Ft. Leavenworth, Kansas.

0005 1 Job Repl USDB underground hot - water piping

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the USDB underground hot and chilled water piping (B1140, 1141, 1142,1144) at the Military Corrections Complex located at Ft. Leavenworth, Kansas.

Repair JRCF showers

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the repair of the JRCF showers (B1147) at the Military Corrections Complex located at Ft. Leavenworth, Kansas.

0007 1 Job Repair JRCF housing HVAC rpl DDC Control

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the repair of JRCF housing HVAC and replacement of the DDC controls (B1147) at the Military Corrections Complex located at Ft. Leavenworth, 0008 1 Job Repair JRCF and USDB DFAC floors, FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the repair of JRCF and USDB DFAC floors, including dining area at the Military Corrections Complex located at Ft. Leavenworth, Kansas.

0009 1 Job Contractor Manpower

FFP

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address:

https://contractormanpower.army.pentagon.mil.

0010 1 Job OPTION Design of all option CLINs

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Design of all option CLINs for the Military Corrections Complex located at Ft. Leavenworth, Kansas.

0011 1 Job OPTION Repair USDB parking lot construction

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the repair of USDB parking lot construction at the Military

0012 1 Job OPTION Replace DDC system, B322 and 324

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B322 and 324) at the Military

0013 1 Job OPTION Replace DDC system, B1148

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B1148) at the Military

0014 1 Job OPTION Replace DDC system, B1149

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B1149) at the Military

0015 1 Job OPTION Replace DDC system, B1150

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B1150) at the Military

0016 1 Job OPTION Replace DDC system, B1151

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B1151) at the Military

0017 1 Job OPTION Replace DDC system, B1155

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the DDC System (B1155) at the Military

0018 1 Job OPTION Replace Trustee unit plumbing

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the Trustee unit plumbing at the Military

0019 1 Job OPTION Replace carpet/flooring in USDB

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the replacement of the carpet and flooring in USDB (B1140 and JRCF(B1147) the Military Corrections Complex located at Ft. Leavenworth, CLAUSES INCORPORATED BY FULL TEXT

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002)

The magnitude of this project is represented by the following estimated price range (contracting officer mark as appropriate):

_____Less than $25,000

_____Between $25,000 and $100,000

_____Between $100,000 and $250,000

_____Between $250,000 and $500,000

_____Between $500,000 and $1,000,000

_____Between $1,000,000 and $5,000,000

_____Between $5,000,000 and $10,000,000

__ Between $10,000,000 and $25,000,000

_XX_Between $25,000,000 and $100,000,000

_____Between $100,000,000 and $250,000,000

_____Between $250,000,000 and $500,000,000

_____Over $500,000,000

(End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Carol W. Hodges PHONE: 816-389-

E-MAIL: Carol.w.Hodges@usace.army.

mil

PROJECT

MANAGER:

Christine M.Hendzlik PHONE: 816-389-

E-MAIL: Christine.M.Hendzlik@usace.a rmy.mil

TPL_NWK_002 PROPOSALS TO BECOME PART OF THE CONTRACT

1. When an offeror submits its proposal in response to a Request For Proposals, and a staffing plan including the names and qualifications of key personnel who are proposed to work on the project is required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

2. When an offeror submits its proposal in response to a Request For Proposals, and the name of a specific subcontractor is a required submittal, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

3. When an offeror submits its proposal in response to a Request For Proposals, and a schedule for the performance of the work on the project is a required submittal, the terms of the proposed schedule will become the schedule that will be utilized for completion of the project, adjusted as necessary to reflect the actual issue date of the Notice to Proceed

4. When an offeror submits its proposal in response to a Request For Proposals and that proposal contains any work, materials, methods or other type of betterment that provides an advantage to the Government that is above the minimum requirements contained in the RFP, the terms of the proposal will be the basis for evaluation and, if successful, will become the terms of the contract upon award. If a change in one of those terms is made to one that is less favorable to the Government than the one on which the award of the contract was based, a credit to the Government will be negotiated by the contractor. Only the Contracting Officer has the authority to negotiate a waiver of the terms of the contract.

(End)

Section 00 21 00 - Instructions

NOTICE

Additional Information Regarding Offer SF 1442, Block 13.D

Offerors providing less than 120 calendar days for Government acceptance of their Phase 1 proposal after the date proposals are due will not be considered and will be rejected.

The calendar days for the Government acceptance period starts over in Phase 2. Offerors providing less than 180 calendar days for Government acceptance of their Phase 2 proposal after the date Phase 2 proposals are due will not be considered and will be rejected.

During Phase 2 discussions, the 180 calendar days for the Government acceptance period starts over for each proposal revision. Offerors providing less than 180 calendar days for Government acceptance of their Phase 2 proposal revisions after established cut-off date will not be considered and will be rejected.

In Phase 1, the Government intends to select a target of 3 most highly rated offerors to compete in Phase 2.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.236-28 Preparation of Proposals--Construction OCT 1997 252.236-7006 Cost Limitation JAN 1997

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

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

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

10.0% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Fort Leavenworth, Leavenworth County, Kansas.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20% percent of the bid price or $3,000,000, whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers Kansas City District 601 E. 12th St, Suite 635 Kansas City, MO 64106-2824

(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:

TBD IN PHASE 2 SOLICITATION

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/FAR/

252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section 00 22 16 - Supplementary Instructions to Proposers

INSTRUCTIONS TO OFFERORS

RFP SECTION 00 22 16: PHASE 1 OF 2 PHASE SELECTION PROCEDURES

1. OVERVIEW

a. This Request for Proposal (RFP) is for the Renovation of 474180 Military Corrections

Complex (MCC) at Fort Leavenworth, Kansas.

b. The construction contract for the MCC will utilize a DFARS 236.272 Design-Build prequalification two phase acquisition strategy and delivery method. The selected construction contractor must have the demonstrated capability to manage a complex construction effort; plan and execute a secure work site. The general scope of the requirements will be furnishing all labor, equipment, materials, and transportation and performing all required work in accordance with the plans and specifications. The scope of the Design and Construction project includes the following:

Repair of USDB showers (buildings 1140, 1141, 1142) Repair JRCF housing HVAC and DDC controls (building 1147) Replace USDB fire alarms (buildings 1140, 1141, 1142, 1144) Repair JRCF showers (building 1147) Repair JRCF DFAC floor Repair USDB DFAC floor, including dining area Replace roofs (buildings 1140, 1141, 1142, 1144, and 1147).

Replace USDB underground hot and chilled water piping (buildings 1140, 1141, 1142, and

1144).

Repair USDB parking lot (OPTION) Replace DDC system, MCC battalion headquarters and company operations facilities

(buildings 322, 324,1148, 1151, 1155, 1149, 1150) (OPTIONS) Replace Trustee unit plumbing (buildings 1007, 1008) (OPTION) Replace USDB carpet/flooring in 1140; include JRCF flooring replacement as needed

(OPTION)

b. Firms formally organized as construction contractors that have associated specifically for this project, consortia of firms, or any other interested parties may submit proposals. A construction contractor may offer more than one proposal by entering into more than one association. Associations may be joint ventures or include key team subcontractors. Any legally organized offeror may submit a proposal.

c. Contractor Team Arrangements. Contractor Team Arrangements are considered an arrangement in which (1) two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program. In accordance with FAR Subpart 9.6, the Government will recognize the integrity and validity of contractor team arrangements, provided the arrangements are identified and company relationships are fully disclosed in the offer. The Offeror shall identify the major or critical aspects of the requirement to be performed by those identified in the Contractor Team Arrangement.

d. Any Offeror submitting an offer in the name of a joint venture, shall include a fully executed copy of the joint venture agreement with the offer. Joint venture agreements which require SBA approval may be submitted absent the requisite SBA Servicing Agency approving authorities’ signature; however, the Offeror shall submit evidence from the Offeror’s SBA Servicing Agency that the Offeror has notified and discussed the proposed joint venture for this project with the appropriate SBA personnel.

e. In Phase 1 of the 2 Phase selection procedure, Offerors will submit certain specified performance capability proposals, demonstrating their capability to successfully execute the construction work under the contract resulting from this solicitation. The Government will evaluate the proposals and intends to invite a target of three most highly rated Phase 1 offerors to compete for the design-build renovations of the Military Corrections Complex.

f. Offerors must submit a complete Phase 1 proposal to be considered for Phase 2.

PHASE 1 DOES NOT REQUEST OR REQUIRE A PRICING SUBMISSION.

g. At the beginning of Phase 2, an amendment will be issued to only the selected offerors from Phase 1 inviting them to submit a technical approach, key personnel, small business participation plan, subcontracting plan (if applicable) and price proposals for consideration. In addition, Corporate Experience and Past Performance from Phase 1 will be brought forward to Phase 2. The amendment will request additional information needed to complete the submission of Phase 2 proposals. In Phase 2, the Contracting Officer will award a single firm fixed price contract for the MCC renovations to the offeror whose proposal offers the Best Value- Trade-Off proposal to the Government, considering the price and non-price factors described in Phase 2. The Government intends to announce the names of Offerors selected for Phase 2 on the beta.SAM.gov website.

h. Offerors must submit a complete Phase 2 proposal to be considered for award. Failure to submit a complete proposal may result in the entire proposal being rejected.

2. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

DoD SAFE (Secure Access File Exchange) is a web-based tool that provides authenticated DoD CAC users and guests (unauthenticated users) the capability to securely send and receive large files, including files that are too large to be transmitted via email. Guests can receive files from CAC users and (only if CAC users requested files) send files to CAC users. Notification is achieved via email.

In effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

SAFE INSTRUCTIONS

The offeror’s proposal shall be submitted electronically, as described below. The offeror’s proposal shall not contain classified data. The use of hyperlinks within a proposal is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation.

Offerors shall electronically submit their proposals using the following link:

https://safe.apps.mil/

Failure to properly submit a proposal by the due date and time specified in the solicitation will render it late, and late proposals will be rejected. As this is an electronic submission subject to internet connectivity and other potential network traffic issues, offerors are cautioned to plan accordingly.

REQUEST FOR UPLOAD CODE: In order to electronically submit a proposal through DoD SAFE, offerors must email Contract Specialist Carol Hodges at carol.w.hodges@usace.army.mil and Contracting Officer Alice Jeffres at alice.m.jeffres@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not receive a request code in time to upload their submission. For larger submissions that require multiple sessions to upload, multiple codes may need to be requested. Please plan accordingly when requesting a code(s) for uploads in order to have sufficient time to upload prior to the proposal due date.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). Title the files(s):

Solicitation#_COMPANY NAME_Cover letter and TABs A-C Solicitation#_COMPANY NAME_TAB D-E

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS FOR USING THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a Common Access Card (CAC) or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.

The email address for the Contract Specialist for this solicitation is carol.w.hodges@usace.army.mil AND the Contracting Officer is alice.m.jeffres@usace.army.mil. The email address of the Government Employee who initiated the request code will be automatically populated. The Offeror must enter the email address for both the Contracting Officer and Specialist. The Offeror can enter an additional email address if desired. After entering an email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. Successful file submission will be confirmed by the ‘Drop-Off Completed” screen which generates once a file is uploaded.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using the Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of determining whether a proposal submission is timely, the government shall utilize the date and time the submission is completely uploaded into the SAFE website as indicated by the SAFE system time stamp. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions will require multiple requests for codes, the Government will utilize the system generated date and time stamp of the last submission. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals.

Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

Because uploaded documents expire in DoD SAFE, the submission of proposals should only occur during a limited window of time proposals should be submitted no earlier than 5 days before the proposal due date, in order to ensure that the submitted proposals doesn’t expire before the proposal due date.

Offerors are responsible for ensuring that the submitted proposal does not expire prior to proposal due date.

There is a SAFE User Guide available at https://dl.dod.cyber.mil/wp-content/uploads/dcs/pdf/unclass-DOD_SAFE_User_Guidev0_2d1.pdf

If an offeror needs help, the SAFE helpdesk will not be able to help you. The Contract Specialist listed above will need to open a ticket for them to address system or user help issues.

1. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

Proposal Characteristics - PHASE 1

Cover letter - Solicitation number; Name, address, email, and telephone number of the offeror; Names, titles, emails, and telephone numbers of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this RFP. Name, title and signature of the person authorized to sign the proposal. A statement specifying agreement with all terms, conditions and provisions included in the RFP;

CAGE Codes and DUNS number for the offeror and all teaming partners who participated in the Factor 1- 1 – Corporate Experience.

Table of Contents - Each TAB of the proposal should contain a detailed table of contents. All pages of each factor should be sequentially numbered.

TAB A – Standard Form 1442, completed and signed by authorized individual(s) of the offeror, include the offeror’s DUNS number in block 14.

Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

Bond Surety Letter. Offeror must provide a letter or other documentation from a surety appearing on the Department of Treasury Circular 570 (list of approved sureties) stating that the offeror is able to provide a bid bond for Phase 2 and obtain performance and payment bonds should they win the contract. FAILURE

TO PROVIDE THIS INFORMATION WILL RESULT IN INELIGIBILITY FOR AWARD.

Financial statement and bank letter that verify sufficient funds will be available to perform the work.

TAB B – Section 00 45 00 – Representations and Certifications, Printed Entity Record from System for Award Management (SAM).

TAB C – If applicable, offerors submitting proposals using a teaming arrangement shall submit a fully executed copy of the teaming arrangement signed both by the subcontractor/teaming partner and the offeror and the narrative described in 00 21 16 paragraph 1.d above.

If applicable, Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal, including letters of commitment from the joint venture firms. See 00 21 16 paragraph 1.e above and paragraph 5 below.

TAB D - Factor 1-1: Corporate Experience Letters of commitment for…