B.08 W912PL21R0012_Solicitation.pdf
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- Solicitation number
- W912PL21R0012
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This document outlines a solicitation for an Indefinite Delivery Indefinite Quantity (IDIQ) Design Build/Design-Bid-Build Construction Single Award Task Order Contract (SATOC) to be awarded by the Department of the Army Corps of Engineers Engineering District Los Angeles. The SATOC is for construction projects at Nellis Air Force Base and Creech Air Force Base in Nevada over a potential five-year period with a maximum value of $49.9 million. The North American Industry Classification System code for this procurement is 236220 for commercial and institutional building construction, with a small business size standard of $39.5 million. This solicitation is set aside for 8(a) small businesses located in Region IX (Arizona, California, Nevada). The acquisition will follow a two-phase selection process, first evaluating proposals and selecting up to five highly qualified offerors to compete in the second phase for a seed project. The award will be made based on best value tradeoff considerations of technical and price factors.
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| W912PL21R0012-0002.pdf | ||
| W912PL21R0012-0001.pdf |
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Text version
RFP NO.
U.S. ARMY CORPS OF ENGINEERS
LOS ANGELES DISTRICT
DESIGN-BUILD,
SINGLE AWARD TASK ORDER
CONTRACT (SATOC)
NELLIS AIR FORCE BASE
, NEVADA
100% 8(a) SET-ASIDE
20 1
DB SATOC, Nellis AFB, NV W912PL21R0012
TABLE OF CONTENTS
SF-1442 Solicitation, Offer and Award
Division 00 – Proposal Requirements, Contract Forms and Conditions of the Contract 00 01 05 00 20 00 00 21 00 00 21 16 00 22 00 00 22 16 00 45 00 00 70 00 00 73 00
Certification Page Instructions for Procurement Instructions Instructions to Proposers Supplementary Instructions Supplementary Instructions to Proposers Representations and Certifications Conditions of the Contract Supplementary Conditions
DIVISION 01 – GENERAL REQUIREMENTS
01 00 00 General Requirements 01 11 00 Summary of Work 01 32 01 Project Schedule 01 33 00 Submittal Procedures 01 33 16 Design After Award 01 33 29 Sustainability Reporting 01 35 26 Governmental Safety Requirements 01 42 00 Sources for Reference Publications 01 45 00.10 Quality Control System (QCS) 01 45 00.15 Resident Management System Contractor Mode (Rms-Cm) 01 45 35 Special Inspections 01 50 00 Temporary Construction Facilities And Controls 01 57 19 Temporary Environmental Controls 01 57 23 Temporary Storm Water Pollution Control 01 58 00 Project Identification 01 74 19 Construction Waste Management And Disposal 01 78 00 Close Out Submittals 01 78 23 Operation and Maintenance Data 01 78 24 Facility Data Requirements 01 91 00.15 Total Building Commissioning
APPENDICES
APPENDIX A Nellis & Creech AFBs Installation Facility Standards APPENDIX B Nellis AFB Requirements and Guidance APPENDIX C USACE BIM Requirements APPENDIX D Engineering Weather Data APPENDIX E Nellis AFB Environmental Permitting ATP Guidance APPENDIX F Advanced Meter Reading System
APPENDIX G Preparing As-Built Drawings APPENDIX H Project Closeout (Red Zone Meeting) APPENDIX I Nellis & Creech FY18-19 Utility Rates
(See ).
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
W912PL21R0012
7. ISSUED BY
USACE, LOS ANGELES DISTRICT
CONTRACTING DIVISION
915 WILSHIRE BLVD, SUITE 930
LOS ANGELES CA 90017
See Item 7
W912PL
DOMINIC M PEBENITO 213-452-3243
2:00 PM
SECTION 00 73 00
* TBD PER INDIVIDUAL TASK ODER
** ELECTRONIC COPIES (SEE SECTION 00 21 00)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
Indefinite Delivery Indefinite Quantity (IDIQ) Design Build/Design-Bid-Build Construction Single Award Task Order Contract (SATOC) for Nellis Air Force Base and Creech Air Force Base in Southern Nevada.
This requirement is being solicited as an 8(a) Small Business in Region IX (AZ, CA, NV). 8(a) firms are reminded that they will need to have a bona fide office in the geographical area of consideration where the work is to be performed as determined by the U.S. Small Business Administration. All other 8(a) BD participants are deemed ineligible to submit offer. The North American Industrial Classification System (NAICS) Code for this procurement is 236220 – Commercial and Institutional Building Construction with a size standard of $39.5M. Firms must be considered a small business for the designated NAICS in SAM.gov. The FSC Code is Y1BZ, Construction of Other Airfield Structures.
This solicitation is for use in the Los Angeles District, specifically at Nellis Air Force Base and Creech Air Force Base, Nevada.
This is a Competitive Request for Proposal (RFP) using Best Value Trade Off. The contract is written for a period of two (2) year base, with three (3) one-year options or $49.9M, whichever comes first. Task Orders issued under this SATOC will be Firm-Fixed Price.
The offeror is advised that this project may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process.
X
21 APRIL 2021
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
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
NUMBER
DATE.
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
27. PAYMENT WILL BE MADE BY
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
REFER TO SECTION 00 10 00 SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
USACE, FINANCE CENTER
ATTN: CEFCO-AO-D
5722 INTEGRITYDRIVE
MILLINGTON, TN 38054-5005
Funds obligated as Task Orders are placed.
DUNS: TIN:
CAGE:
USACE LOS ANGELES DISTRICT
LAS VEGAS RESIDENT OFFICE
4551 DEVLIN DRIVE #867
NELLIS AFB, NV 89191
INDEFINITE DELIVERY INDEFINTE QUANTITY W912PL21R0012
SINGLE AWARD TASK ORDER CONTRACT (SATOC)
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 01 05 (1) March 2021 Solicitation
SECTION 00 01 05
Certification Page
CERTIFICATE OF OFFEROR’S
PRINCIPAL
(1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL
NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):
(Company Name) (Signature) (Title)
(Company Name) (Signature) (Title)
(Company Name) (Signature) (Title)
(2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION
SHOULD BE COMPLETED:
CERTIFICATION AS TO CORPORATE
PRINCIPAL
I, , certify that I am the Secretary of the corporation named as principal in the within SF 1442; that , who signed the SF 1442 at Block 20B on behalf of the principal, was the of the corporation; that I know the individual’s signature and that his/her signature is genuine;
and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.
CORPORATE PRINCIPAL
CORPORATE SEAL
SECRETARY
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 01 05 (2) March 2021 Solicitation
(3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST
FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary).
SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THE INDIVIDUAL
WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE
AUTHORITY TO BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.
(Officer’s Name) (Signature) (Title)
(Officer’s Name) (Signature) (Title)
(Officer’s Name) (Signature) (Title)
(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER
SHALL BE SIGNED BY THAT INDIVIDUALIN BLOCK 20B FOLLOWED BY THE
WORDS “AN INDIVIDUAL DOING BUSINESS AS
____________________________________ (INSERT NAME OF FIRM).
(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT’S
AUTHORITY TO BIND THE PRINCIPAL
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 20 00 - 1 March 2021 Solicitation
Section 00 20 00
Instructions for Procurement
1. This solicitation is for the Design Build Construction Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract. This document contains special clauses and provisions that have been identified as essential for the acquisition of a specific type of service that is acquired repetitively.
2. This solicitation will be provided to potential sources that are requested to retain it for continued and repetitive use. A specific Request for Proposal will be issued for each Seed Task Order Contract and will reference the current IDIQ SATOC. Any changes to the solicitation will be identified in the individual Request for Proposal.
3. The contract awarded pursuant to this Request for Proposal is an Indefinite Delivery Indefinite Quantity (IDIQ) Contract with the capability to issue Firm Fixed Price Task Order for construction services.
4. Payment will be made pursuant to FAR 52.232-5, “Payments under Fixed-Price Construction Contacts.”
5. The contractor’s attention is directed to Contract Clause No. 52.232-33, “Payment by Electronic Funds Transfer – System for Award Management.”
6. The contractor must enter its CAGE CODE and DUNS NUMBER in Block No. 14 of Standard Form 1442, “Solicitation, Offer and Award.”
7. This contract is written for duration of two (2) year base with three (3) one-year Options or maximum value not-to-exceed $49.9M, whichever occurs first.
8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting Division within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.
9. This procurement will be conducted in accordance with FAR 36.3 entitled Two-Phase Design-Build Selection Procedures. During Phase I evaluation of the of the “base IDIQ contract”, interested firms or joint venture entities (referred to as "Offerors") will submit a proposal demonstrating their past performance and capability to successfully execute this requirement. The Government will evaluate the offerors’ qualifications (“Performance Capability”) as submitted in response to Phase 1 evaluation factors such as Factor 1 – Experience and Capability, Factor 2 – Past Performance of Prime Contractor, Factor 3 - Design Support, and Factor 4 – Management Effectiveness. After evaluating Phase 1 proposals, the Government intends to select no more than five (5) of the most highly qualified Offerors in Phase 1 to compete in Phase 2. During Phase 2 evaluation of the seed project, the Government will evaluate the Phase 2 proposals, in accordance with FAR 15 and the criteria described for Phase 2 in the solicitation, such as Technical Approach and Price, and award the contract to the responsible offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall "best value" to the Government, considering all technical and non-technical factors including cost or price identified under Phases 1 and 2.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 20 00 - 2 March 2021 Solicitation
10. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION REQUIREMENT: Offerors shall have and shall maintain an active registration in the SAM database at http://www.sam.gov to be eligible for a Government contract award. If the Offeror is a Joint Venture (JV), the JV entity shall have valid SAM registration in the SAM database representing the JV as one business/firm/entity. If at the time of award an Offeror is not actively and successfully registered in the SAM database, the Government reserves the right to award to the next prospective Offeror.
11. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement for construction contracts awarded at or above $700,000.00, the USACE Contracting Officer Representative (COR) will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, COR the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days.
Accessing and using Contractor Performance Assessment Reporting System (CPARS) requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions.
The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/ .If the Contractor wishes to participate in the performance evaluation process, access to CPARSCASS and PKI certification is the sole responsibility of the Contractor.
INDEFINITE DELIVERY INDEFINTE INDEFINITE QUANTITY W912PL21R0012
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 1 March 2021 Solicitation
Section 00 21 00
Instructions
I. INQUIRIES
II. SMALL BUSINESS SIZE STANDARDS/NAICS CODE
III. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
IV. PROPOSAL SUBMITTALS
V. DEVIATIONS AND EXCEPTIONS
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 2 March 2021 Solicitation
1. INQUIRIES
Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.
1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/
A. To submit and review bid inquiry items, offerors will need to be a current registered user, self- register into the ProjNet system.
To access the Bid Inquiry system, go to the ProjNet web page and fill in:
- Managing Agency – USACE
- Email address
- Key Access (this is the Bidder Inquiry Key – see below for key)
- Click on “Sign In”
- You will be prompted for the answer to your secret question on the next screen
If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found. Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).
B. From this page, you may view all bidder inquiries or add an inquiry. Please note:
Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.
C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
The Solicitation Number is: W912PL21R0012
The Bidder Inquiry Key is: C5238V-ZVV6CF
2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 3 March 2021 Solicitation
3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the ProjNet Call Center is 800-428-HELP.
5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto.
Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.
Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.
(End of Provision)
2. SMALL BUSINESS SIZE STANDARDS/NAICS CODE
See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.
3. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS
This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.
4. PROPOSAL SUBMITTALS
1 SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC
PROPOSAL:
The Offeror’s Proposal shall be submitted electronically, as described below. The Proposal will provide the Government address and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.
NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS
(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.
The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link: https://safe.apps.mil/ Please send proposals using the link above to Contract Specialist Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez at Christina.Chavez@usace.army.mil
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 4 March 2021 Solicitation
1.1 INSTRUCTIONS FOR SUBMITTING ELECTRONICS:
In an 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, it is 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.
REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil or Christina M Chavez at Christina.Chavez@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors who fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission.
FILE DESCRIPTION: Include a “File Description” for each file(s) you upload.
The “File
Description” will be included in the email notice to each of the recipients you choose to have access your file(s).
NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.
1.2 INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:
Once at the DOD SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.
After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.
When completing your file information for transmittal via the DOD 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.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 5 March 2021 Solicitation
The Contract Specialist for this solicitation Contract Specialist Contract Specialist Dominic Pebenito: Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez: Christina.Chavez@usace.army.mil
The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.
NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your proposal/bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.
NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a 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.
1.3 RECEIPT OF SUBMISSIONS:
For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. 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 submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.
1.4 FORMAT AND CONTENTS OF ELECTRONIC PROPOSAL:
The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER
TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL,
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 00 ‐ 6 March 2021 Solicitation
HAND CARRIED, ETC.) WILL BE ACCEPTED. SUBMIT YOUR PROPOSAL
ELECTRONICALLY AS INSTRUCTED IN THIS SECTION, REFERENCE
SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF
ELECTRONIC PROPOSALS.
The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposal using the following link: https://safe.apps.mil/.
Please send proposals using the link above to Contract Specialist Dominic Pebenito at Dominic.M.Pebenito@usace.army.mil and Contracting Officer Christina M. Chavez at Christina.Chavez@usace.army.mil
5. DEVIATIONS AND EXCEPTIONS
Deviations and exceptions to the terms and conditions of the solicitation in either the technical or price proposal are neither encouraged nor desired. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the Offeror have any questions related to specific terms and conditions, these must be resolved prior to submission of the offer. Notwithstanding the above, if deviations and exceptions are included with the offer, the Offeror shall list and describe in detail the deviations and/or exceptions on the first page of each Tab. All deviations and exceptions shall be fully supported with the Offeror’s rationale and shall fully explain the impact, if any, on the performance and/or specific requirement of the RFP. The Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any exception to the contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This information will not be evaluated separately but may impact the evaluation of other factors.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 1 March 2021 Solicitation
Section 00 21 16
Instructions to Proposers
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.217-5 Evaluation Of Options JUL 1990 52.225-10 Notice of Buy American Requirement--Construction
Materials
MAY 2014
252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
JUL 2019
CLAUSES INCORPORATED BY FULL TEXT
Table of Contents 52.211‐2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) 2
52.211‐14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND
ENERGY PROGRAM USE (APR 2008)
52.215‐1 INSTRUCTIONS TO OFFERORS‐‐COMPETITIVE ACQUISITION (JAN 2017)
52.216‐1 TYPE OF CONTRACT (APR 1984)
52.222‐23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
52.225‐9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
52.228‐1 BID GUARANTEE (SEP 1996)
52.233‐2 SERVICE OF PROTEST (SEP 2006)
52.236‐27 SITE VISIT (CONSTRUCTION) (FEB 1995)
52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
52.252‐3 ALTERATIONS IN SOLICITATION (APR 1984)
52.252‐5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
252.204‐7019 NOTICE OF NIST SP 800‐171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)
252.211‐7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 2 March 2021 Solicitation
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION
SYSTEM (ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY
PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
(End of provision)
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)
(a) Definitions. As used in this provision--
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 3 March 2021 Solicitation
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.
Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, or revision, of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 4 March 2021 Solicitation
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 5 March 2021 Solicitation in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 6 March 2021 Solicitation
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)
52.222-23 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
19.7% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is NELLIS AIR
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 7 March 2021 Solicitation
FORCE BASE AND CREECH AIR FORCE BASE, NEVADA
(End of provision)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. As used in this clause--
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is--
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means--
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Domestic construction material means--
(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if--
(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
U.S. ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION
NELLIS AND CREECH AIR FORCE BASE, NEVADA
00 21 16 ‐ 8 March 2021 Solicitation
Foreign construction material means a construction material other than a domestic construction material.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:
(3) The Contracting Officer may add other foreign…
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