B.08.02_Solicitation_W912DQ22R4007 Phase I.pdf

This is Phase 1 of the 2 Phase Best Value Tradeoff solicitation for a Multiple Aw ard Task Order Contract (MATOC).

This is a 100% Set-Aside for all Small Businesses.

The purpose of this MATOC is to provide design-build and design-bid-build construction services for a broad range of military renovations and construction w ork. The Government w ill accept proposals from all Small Businesses.

The North American Classif ication System (NAICS) Code for this project is 236220 and the Small Business size standard is $39.5 Million. The total value of all task orders aw arded under this MATOC to all selected contractors w ill not exceed $45,000,000.00. Base contract w ill be aw arded w ith a 5-year ordering period and no options. Reference Block 11 below : Although zero (0) calendar days are indicated, the completion days w ill be determined on a task order basis. Reference Box 12A – Performance and Payment Bonds w ill be required w ith the aw ard of individual task orders.

INES NECKER (816) 389-3566

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

05-Apr-2022

(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 _______0 calendar days and complete it w ithin ________ 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.)

YES X 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 ______________06 May 2022 (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 is, X 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 CT

FEDERAL BLDG CT-M 601 E 12TH STREET

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912DQ22R4007 87

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 11 00 - Solicitation/Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 45,000,000 Job Small Business MATOC

FFP

The Contractor shall provide all Manpower, Equipment, Materials, and Facilities to perform Design-Build and Design-Bid-Build Construction work and services as prescribed by the Scope of Work issued per each Task Order awarded under this Multiple Award Task Order Contract (MATOC) for the Kansas City District. The minimum guarantee on this contract is $2,500.00. The total value of all task orders awarded under this MATOC to all selected contractors will not exceed $45,000,000.00. Base contract will be awarded with a 5 year ordering period with no options.

FOB: Destination

PSC CD: Y1AZ

NET AMT

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):

to be determined by individual task order.

(End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Ines Necker PHONE: (816) 389-

E-MAIL: Ines.Necker@usace.army.mil

PROJECT

MANAGER:

Jennifer Counts PHONE: (816) 389-

E-MAIL: Jennifer.R.Counts@usace.army .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)

SCOPE OF WORK

FY22 MULTIPLE AWARD TASK ORDER CONTRACT

SCOPE OF WORK

The scope of this request for proposal (RFP) includes all work required for design-bid-build (DBB) and/or design-build (DB) construction projects located within the Kansas City District. The work shall be in accordance with Request for Proposal documents issued within the solicitation. This contract is a Small Business Set-Aside.

General Description of Work:

The purpose of this MATOC is to provide design-bid-build and design-build construction services for a broad range of military construction and renovation work for sustainability, renovation, and modernization within the geographic boundaries of the Kansas City District, but may be used to support other similar projects within the Northwestern Division (NWD) of the U.S. Army Corps of Engineers (USACE). As requirements develop, Requests for Proposals (RFPs) for projects will be issued under individual Task Orders.

Task Orders will include primarily Military Construction (MILCON), or Operations and Maintenance (O&M);

however, projects under the Support for Others program may also be executed under this contract. Task Orders will be negotiated to obtain a fair and reasonable price. Individual Task Orders could range from $100,000 to $15,000,000. The construction base contracts will be awarded with a 5 year period of performance (POP) consisting of a 5 year base period, with no options. The total value of all task orders awarded under this MATOC to all selected contractors will not exceed $45,000,000.

Facilities may include industrial, distribution, manufacturing, office, retail, recreational, healthcare, residential, and commercial use. Representative work will be construction of new facilities or might include general interior finish upgrades and space reconfiguration, electrical service improvements, roofing materials replacement, mechanical systems repair, storm drainage structure repair, plumbing repairs and improvements.

Ordering Procedures for Task Orders:

1) ORDERING: To clarify the contract clause 52.216-18 “Ordering” the following shall apply:

a. Proposals for each task order shall be requested in writing. Letter requests for proposal will be issued by the Contracting Officer or an authorized representative(s). Oral or telecommunication requests will be issued only by the Contracting Officer or an authorized representative(s). (See also "Emergency Issuance of Task Orders" in this contract section). Any type of request for proposal shall not be interpreted as a Notice to Proceed with the work.

b. The Government request for proposal will delineate (1) general scope work; (2) location of work; (3) character and extent of services; (4) technical requirements which supplement or complement those contained in Division 01 – General Requirements of this basic contract; and (5) time period(s) within which the work must be performed.

c. The contractor shall prepare a firm fixed price to perform the work and submit his/her proposal in writing to the person and within the time specified in each request for proposal. Verbal proposal, when so requested and authorized, shall be directed only to the Contracting Officer or his authorized representative(s).

d. Time periods within which required work must be accomplished will be defined in each task order placed against the basic contract. Each task order will contain the agreed to scope of work, project to be performed, specific deliverable items, and the final negotiated fixed price for performing the work.

e. Emergency Issuance of Task Orders: For certain restricted types of work requiring expedited and immediate field support, only the Contracting Officer or an authorized representative(s) may telephonically convey the scope of work and negotiate time and cost. Only the Contracting Officer may then issue a verbal order to proceed with the work.

2) UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL: The contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of their authority as defined.

3) NOTICE TO PROCEED: The contractor shall commence work upon receipt of a properly executed task order or modification to a task order and complete the work within the time specified in each task order or modification to each task order.

4) PERIOD OF SERVICE: The contract ordering period shall begin upon the date of contract award and shall, unless terminated sooner in accordance with the termination contract clause, continue for a period specified.

5) OBLIGATION BY THE GOVERNMENT: The Government is not obligated to fund the maximum cumulative dollar amount of this contract. The guaranteed minimum quantity of work which will be required under this contract, will be initiated by a task order.

6) DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR): Designation will be made upon award of each task order and a copy of the designation letters will be furnished to the contractor. Limits of authority are described in each designation letter.

7) DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR: The contractor shall assign a member or employee who will act as project manager during the course of this contract or during the course of a task order. This official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

8) RELEASE OF INFORMATION: The contractor shall not, unless authorized in writing by the Contracting

Officer, release or provide any information or interpretation concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations.

9) BUY AMERICAN ACT: Where the contractor has specified an item by brand name or equal he shall verify that it meets the requirements of the "Buy American Act." Construction materials which are not domestic as defined by the Buy American Act and FAR 25.201 may not be incorporated in the project, and therefore may not be specified, unless an exception is obtained pursuant to FAR 25.202. Such an exception must be obtained before a non-domestic construction material may be specified. A foreign construction material should not be cited in a brand name or equal specification, even as an example of a product which would meet the specification, unless an exception has been obtained.

10) GENERAL WAGE DECISION: Applicable Davis-Bacon wage rates will be identified for all Task

Orders issued under this contract current as of the time of award of the task order.

11) AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18): The Government may request proposals for Task Orders for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If after the Government receives a contractor’s proposal and funds are not available the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project or re-solicit the project at its option. If the proposal acceptance period is not extended by the contractor the project may be resolicited.

(End of contract Scope of Work)

Section 00 21 00 - Instructions, Conditions and Notices to Offeror

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

2,500.00 $2,500.00 45,000,000.00 $45,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

2,500.00 $2,500.00 15,000,000.00 $15,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 2,500.00 $2,500.00 15,000,000.00 $15,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 2500.00

$2,500.00

15,000,000.00

$15,000,000.00

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.216-27 Single or Multiple Awards OCT 1995 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

CLAUSES INCORPORATED BY FULL TEXT

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (NOV 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (NOV 2021)—ALTERNATE IV (OCT 2010)

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: by Task Order.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price Indefinite-Delivery Indefinite-Quantity Contract with Fixed-Price Task Orders contract resulting from this solicitation.

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

To be determined by Task

Order To be determined by Task

Order

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 to be determined by individual Task Order.

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 determined by individual Task Order.

(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.

52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of the lower CAS threshold specified in Federal Acquisition Regulation (FAR) 30.201- 4(b) resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR

9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official.)

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: ___ Name and Address of Cognizant ACO or Federal Official Where Filed: ___

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

* (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts

The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

( ___ ) yes( ___ ) no

(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

ATTN: Alice Jeffres 601 East 12th Street Kansas City, Missouri 64106

(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:

To be determined by individual Task Order

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):

FAR:

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

DFARS:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

AFARS:

https://www.acquisition.gov/afars

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFAR (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 10 - Phase 1 of a 2 Phase Selection Procedures

INSTRUCTIONS TO OFFERS

APPENDIX C

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

1. OVERVIEW

a. This Request for Proposal (RFP) is for the In Phase 1 of the two-phase selection procedure, Offerors will submit certain specified performance capability proposals, demonstrating their capability to successfully execute design-build and design bid build construction work under the contracts resulting from this solicitation. The Government will evaluate the qualifications and intends to invite a target of seven most highly rated Phase 1 offerors who submitted proposals to compete for the base MATOC pool contracts and one construction seed task order contract to be identified in Phase 2.

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 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 target of seven most highly rated Phase 1 offerors to compete for the MATOC.

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 design-build technical solution, 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 target of five contracts to the offerors whose proposals offer the Best Value – Trade-off proposal to the Government, considering the price and non-price factors described in Phase 2.

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

For Phase 1, all offerors shall be required to submit a proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard Form 1442

ELECTRONIC PROPOSAL SUBMISSION IS REQUIRED THROUGH

PROCUREMENT INTEGRATED ENTERPRISE ENVIRONMENT (PIEE) at https://wawf.eb.mil. Web Based Training for registration and proposal submission is available as a separate portal on the main page of the site or by visiting https://wawftraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml.

Although you can search, review, and open non-restricted solicitations without logging in, you must establish a personal account in the system and register for the Proposal Manager role before you are able to submit a proposal. This account is activated by your Contractor Administrator (CAM).

Instructions for registering are as follows:

1. Navigate to https://wawf.eb.mil/

2. Select Register [top right]

3. Select Vendor

4. Create a User ID and Password and follow the prompts [next]

5. Create Security Questions [next]

6. Complete your User Profile Information [next]

7. Complete your Supervisor or Approving Official Information. This official will act as the CAM who will ultimately approve your account. If you are unsure of who this is please go to https://wawf.eb.mil/xhtml/unauth/lookup/gamLookup.xhtml to locate the CAM for your company for assistance. [next]

8. Complete Roles - Step 1. Select SOL-Solicitation, Step 2. Select Proposal Manager, Step 3. Click Add Roles, Step 4. Fill in your Location Code (CAGE Code) [next]

9. Provide a justification for your registration [next]

VERIFY ACCOUNT STATUS/CAPABILITIES.

Once the Proposal Manager account has been approved, verify that your account is showing active under the profile page. Also, once you click on the specified solicitation, verify that the “Offer” tab is visible next to the “Solicitation” tab at the top of the page. The proposal will be submitted through the “Offer” tab. It is imperative that this is verified early in the process in order to mitigate any potential problems with the submission of your proposal.

For questions concerning your account, please contact the WAWF Helpdesk at 866-618- 5988. If you are still experiencing problems after the above referenced efforts have been made, please contact the Contract Specialist / Contracting Officer immediately.

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 offeror shall submit electronic files as delineated below all as pdf files. Facsimile, hand carried and USPS/UPS/FedEx delivery is not authorized.

Phase 1

File Electronic File Name Electronic Submission Requirements Format

PHASE 1

Cover Letter 00CovLtr See below. pdf

Factor 1-1:

Corporate Experience

01CorpExp See below. pdf

Factor 1-2:

Performance Confidence

02PerfConf See below. pdf

Factor 1-3:

Management Approach

03MgmtApp See below pdf

Technical Proposal:

Cover Letter, Completed SF 1442, Surety Letter, bank letter, and Joint Venture Teaming Agreement FACTOR 1-1 Corporate Experience FACTOR 1-2 Performance Confidence FACTOR 1-3 Management Approach

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.

Factor 1-3:…