B.08.02_Solicitation_Modernize LeMay Gate_20201222.pdf

Renovation Construction w ork for the Modernize LeMay Gate at Whiteman AFB, MO.

PROJECT DESCRIPTION: The purpose of this solicitation is to aw ard a Design-Build contract that w ill be used for constructiion of the

Modernize LeMay Gate at Whiteman Air Force Base (WAFB), MO include the follow ing:

• Design of pavements and small entry control facility from a 35% conceptual design

• Rough grading

• Asphalt and/or Concrete pavements

• Mechanical and Electrical

• Signage

• Work planning/phasing to keep current entrance usable

• Work near Entrance to WAFB from Missouri Hw y 23

• Design in compliance w ith UFCs and Government criteria

The requirement is an 100% Small Business Set-Aside acquistion. This solicitation w ill use a 2 Phase Design-Build procurement methodology as described in Federal Acquisiton Regulations (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 Defense Federal Acquisition Regulations Supplemental

(DFARS) 236.204, the estimated magnitude of this project is betw een $5,000,000 and $10,000,000

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

22-Dec-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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 ______________21 Jan 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

USACE, KANSAS CITY +

FEDERAL BUILDING CT-M, RM 647 601 EAST 12TH S

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-2029/2030FAX:TEL: 816-389-3824 TEL: FAX:

W912DQ21R4001 85

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 specified below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Design LeMay Gate

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Design of the LeMay Gate located at WAFB, MO.

FOB: Destination

NET AMT

0002 1 Job

Construction LeMay Gate

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Construction of the LeMay Gate located at WAFB, MO.

0003 1 Job OPTION Second POV Lane

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Construction of the Second POV Lane at the LeMay Gate located at WAFB, MO.

0004 1 Job OPTION Decorative Iron Gate

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Decorative Iron Gate at the LeMay Gate located at WAFB, MO.

0005 1 Job OPTION Concrete Pavement

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Concrete Pavement at the LeMay Gate located at WAFB, MO.

0006 1 Job OPTION Pavement Removal

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Pavement Removal at the LeMay Gate located at WAFB, MO.

0007 1 Job OPTION Rock Surface Holding Area

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the Rock Surface Holding Area at the LeMay Gate located at WAFB, MO.

0008 1 Job OPTION POV Inspection Area Canopy

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the POV Inspection Area Canopy at the LeMay Gate located at

WAFB, MO.

0009 1 Job OPTION CCTV and Detection Equipment

FFP

The Contractor shall furnish all labor, equipment, materials, and perform all task necessary for the CCTV and Detection Equipment at the LeMay Gate located at

WAFB, MO.

Section 00 21 00 - Instructions

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 AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 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

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(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.

(End of provision)

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.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

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 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

Johnson County, Missouri

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

2014)

-the-is

52.225-9).

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

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 $3,000,000.00, 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.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers 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.

(End of provision)

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 SELECTION

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

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 21 16 - INSTRUCTION TO OFFERORS

APPENDIX C

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

1. OVERVIEW

a. This Solicitation is for the upgrades of LeMay Gate at Whiteman Air Force Base (WAFB), MO.

The construction contract for the upgrades of LeMay Gate will utilize a Defense Federal Acquisition Regulations Supplement (DFARS) 236.272 Design-Build (DB) pre-qualification 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 continuing the 35% Design provided and complete the plans and specification for the project. Once Design is complete the DB contractor will construct the features identified in the solicitation. Physical layout is being provided as well as a basic floor plan. Design documents shall contain all necessary technical information, standards, and reference codes as applicable to the work, and shall comply with appropriate United States laws and codes. The work will include, but is not limited to site improvements, grading, pavements, small building construction including exterior walls, interior walls and all interior finishes.

The construction of this project shall be performed by United States companies using United States citizens. Every contractor and subcontractor shall meet United States employment policy.

Each individual construction worker must have a current status as a United States citizen.

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 Federal Acquisition Regulations (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 Small Business Administration (SBA) approval may be submitted absent the requisite SBA Servicing Agency

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 two-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 maximum of five most highly rated Phase-1 offerors to compete for the design-build upgrades to LeMay Gate.

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 key personnel 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 upgrades of LeMay Gate 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 System for Award Management (SAM) 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 E-mail. Guests can receive files from CAC users and (only if CAC users requested files) send files to CAC users. Notification is achieved via E-mail.

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

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 (E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

olicitation.

Offerors shall electronically submit their proposals using the following link:

https://safe.apps.mil/

Google Chrome works best with the link.

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 E-mail the Contract Specialist, Carol Hodges, at carol.w.hodges@usace.army.mil and Contracting Officer Teresa Cabanting at teresa.m.cabanting@usace.army.mil no later than five 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 E-mail to request a code five 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.

be included in the email notice to each of the recipients you choose to have access your file(s). Example of the way you need to 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:

- 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.

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 E-mail address for the Contract Specialist for this solicitation is carol.w.hodges@usace.army.mil AND the Contracting Officer is teresa.m.cabanting@usace.army.mil.The E-mail 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 the recipients you added.

NOTE: Do NOT send the SAFE site packages to group E-mail 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 E-mail address. Entering an incorrect E-mail may result in the

-Off

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 five days before the proposal due ue 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.

3. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

In order to be considered for award of a contract for the requirements of this solicitation, the offeror must submit a proposal with its offer. Failure to submit a complete proposal may result in the entire offer being rejected. The proposals shall be submitted in Volumes as follows:

Proposal Characteristics PHASE-1

Submit the proposal in tabbed, three-ring binders identified by the Solicitation Number (W912DQ21R4001), project title (Modernize LeMay Gate, Whiteman AFB, MO), name, address, and telephone number of the offeror. Arrange the proposal as follows:

Phase-1 - Volume 1, Technical Proposal: The cover letter, Tab A, Tab B, and Tab C shall be submitted in one original hard copy and electronically. TABs D and E shall be provided in original and all five copies required by the solicitation.

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 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 volume of the proposal should contain a detailed table of contents. All pages of each factor should be sequentially numbered. If more than one binder is used, the complete table of contents shall be included in each.

TAB A Standard Form 1442, completed and signed by authorized individual(s) of the offeror, Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

Letters of commitment for subcontractor or teaming partners as identified in section 6.0 below.

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

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 subcontractor or teaming partners as identified in section

6.0 below.

TAB E - Factor 1-2: Performance Confidence

Information submitted about any company other than the offeror, whether a predecessor company, affiliated company, major subcontractor, or other associated business, WILL NOT be evaluated for any factor unless the proposal contains a detailed narrative explaining why this submitted information is relevant for performance of this contract. The Government will consider the adequacy of this explanation in deciding the relevance and weight of the information to this procurement. Information about major subcontractors may not be given much weight unless the proposal contains some evidence that this subcontractor is committed to perform the work. See United States Army Corps of Engineers Acquisition Instruction (UAI) 5152.236-9001.

Offerors shall limit Phase 1 Proposal, to the following page limits.

Factor 1-1: Corporate Experience, to a maximum of 15 pages Factor 1-2: Performance Confidence. No page limit for this factor.

-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced with a minimum size 10 font. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch and folded to 8-1/2 by 11-inch size. A page is defined as text or information on one side of the paper. If it is printed double sided, each face will be counted as a page.

*OCR is a common method of digitizing printed texts so that they can be electronically searched, stored more compactly, displayed on-line, and used in machine processes such as machine translation, text-to-speech, key data extraction and text mining.

4. INQUIRIES/QUESTIONS

Technical inquiries and questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). To submit and review inquiry items, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective offeror who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective offeror once the reply is available for viewing.

***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

The Solicitation Number is: W912DQ-21-R-4001 The Bidder Inquiry Key is: SN4A7U-R8J8CC Plan Room KEY: V8T3XI-U3W4GW

Instructions for first-time ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. Select agency USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. Select agency USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

The Bidder Inquiry System will be unavailable for new inquiries ten calendar days before proposal due date in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. E-mail to staff@rcesupport.com.

5. JOINT VENTURES

Joint Ventures shall submit the following additional documentation regarding their business entities in Volume 1 Tab C:

1. A copy of their Joint Venture agreement.

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

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

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

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

d. The bonding responsibilities of the Joint Venture parties.

e. Identification of the key personnel having authority to legally bind the Joint Venture to subcontracts and state who will provide or contract for the labor and materials for the Joint Venture.

f. Identification of party maintaining the Joint Venture bank accounts for the payment of all expenses and the deposits of all receipts, keeping the books and records, and paying applicable taxes for the Joint Venture.

g. Identification of party furnishing the…