B3.W9126G20R0051.pdf

Design-Build/Design-Bid- Build Request For Proposal

SMALL BUSINESS VERTICAL CONSTRUCTION

MATOC

SWD Area of Responsibility

W9126G20R0051

SEPTEMBER 2020

US Army Corps of Engineers Fort Worth District

Small Business Vertical MATOC SBVMATOC20

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.02 CONTRACT LINE ITEM SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 10 PHASE 1 OF 2 DESIGN BUILD SELECTION PROCEUDRES

00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF

AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION SCHEDULE

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 44 DESIGN AND CONSTRUCTION SCHEDULE

01 00 10.00 44 MATOC PROCEDURES

01 01 10.00 44 ANTITERRORISM AND OPERATIONS SECURITY (AT/OPSEC)

REQUIREMENTS

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 16.00 10 DESIGN DATA (DESIGN AFTER AWARD)

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

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

01 45 35 SPECIAL INSPECTIONS

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 56 00.00 44 DUST CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 58 00 PROJECT IDENTIFICATION

01 62 35 RECYCLED / RECOVERED MATERIALS

01 78 00 CLOSEOUT SUBMITTALS

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

Regional Vertical Construction MATOC, Southw estern Division (SWD), Fort Worth District (SWF)

This is a 100% Small Business Set-Aside (SEE FAR CLAUSE 52.219-6 -- NOTICE OF SMALL BUSINESS SET-ASIDE)

Capacity for the MATOC is $640,140,000.

All Task Orders issued under this IDIQ w ill be FFP.

A bid bond as w ell as performance and payment bonds w ill be required for the seed project during Phase 2 of this solicitation.

POC: Scott Bonner (817) 886-1035, email Scott.Bonner@usace.army.mil.

The Government shall not allow the contractor to w ork on the project unless the performance and payment bonds documents and insurance certif ications have been accepted by the Contracting Off icer and a signed Notice to Proceed (NTP) has been issued to the contractor.

ROBERT E BUCHANAN 817-886-1047

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

17-Sep-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ 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 _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________18 Oct 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

(817) 886-6403FAX:TEL: (817) 886-1077 TEL: FAX:

W9126G20R0051 73

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 - Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 640,140,000 Job Vertical MATOC - SB - Base Year

FFP

Multiple Award Task Order Contract (MATOC) for fixed price vertical construction task orders in support of the US Army Corps of Engineers (USACE)

Southwestern Division.

The solicitation has a base ordering period of 60 months from date of contract award.

Base Period – 60 months of performance.

The Government will obligate a guaranteed minimum, in separate task orders, in the amount of $2,500.00 for the base year.

The minimum size of a task order is $75,000.00 and the estimated maximum size of a task order is $30,000,000.00.

The maximum capacity is for a total of $620.1 Million for the base years.

FOB: Destination

PSC CD: Y1PZ

MAX

NET AMT

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

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $620,100,000.00

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

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$75,000.00 $30,000,000.00

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

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-NOV-2020 TO

24-NOV-2021

N/A US ARMY ENGINEER DISTRICT, FORT

WORTH

CRAIG HARPER

RM 3D12

819 TAYLOR STREET

FORT WORTH TX 76102

817-886-1087

FOB: Destination

W45XMA

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

INSTRUCTIONS

PART I – GENERAL INFORMATION

A. INQUIRIES

OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

Contract Specialist (Primary POC)

U.S. Army Corps of Engineers, Fort Worth District ATTN: Scott Bonner

Federal Building

819 Taylor Street, Rm 2A17 Fort Worth, Texas 76102-0300

Phone: (817) 886-1035 Fax: (817) 886-6403

Email: scott.bonner@usace.army.mil

Bidder Inquiry

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via:

Bidder Inquiry in ProjNet at http://www.projnet.org/projnet

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry.

Bidders 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: W9126G20R0051

The Bidder Inquiry Key is: Z627QA-FR4NYT

Last day to submit ProjNet questions is seven (7) calendar days prior to proposal due date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. If the system is not closed in a timely manner, an inquiry posted within seven calendar days of the receipt of proposals will still be regarded as untimely and will not be afforded a substantive response.

mailto:scott.bonner@usace.army.mil http://www.projnet.org/projnet

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry

System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone

(Chicago). The telephone number for the Call Center is 800-428-HELP.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals

Oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public bid opening and no information will be given out as to the number of Offerors or the results of the competition until all awards are made.

B. DIRECTIONS FOR SUBMITTING PROPOSALS

1. In an effort to reduce paperwork and cost, ALL proposals shall be submitted electronically via the DoD SAFE website at https://safe.apps.mil/. In order for an outside user (the offeror) to submit a proposal for the solicitation, they must receive a drop-off request from an inside user

(the government). When the inside user generates a drop-off request for you, you will receive an email with a link to submit your drop-off. Optionally, the Government may provide you with a request code. In that case, click the Drop-off button on the SAFE home page and enter the Request code.

To request and receive a drop-off for this solicitation, the offeror must email the following at least two (2) working days before the proposal due date. Include the solicitation number, W9126G20R0051, in your Email Subject Line.

Contracting Officer: Linda Eadie, linda.d.eadie@usace.army.mil, 817-886-1085

Contract Specialists: Scott Bonner, scott.bonner@usace.army.mil, 817-886-1035

2. DELIVERY of hard copies and/or CD-ROMs of offers, modifications thereto, or cancellations of offers will not be accepted.

3. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellation of offers will not be accepted.

https://safe.apps.mil/

4. EMAIL. Offers received by email, modifications thereto, or cancellations of offers will not be accepted.

Only the DoD SAFE submitted proposal will be accepted and evaluated by the

Government.

C. PREPROPOSAL CONFERENCE / SITE VISIT

SITE VISIT. Site Visit for the Phase Two seed project task order will be sent out with that project solicitation.

IMPORTANT NOTES.

(1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation.

(2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

PART II – PROPOSAL INSTRUCTIONS

A. PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS.

a. Each Offeror must submit both a Price Proposal (Pricing Schedule) and a Technical Proposal.

The Price Proposal and the Technical Proposal must be submitted as separate volumes. Ensure that the outside of each separate volume is clearly marked to indicate its contents; and the identity of the Offeror.

b. Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals.

c. No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

d. All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal. Do not merely cross-reference similar material in the Price

Proposal, or vice versa. Also, do not include links to websites in lieu of incorporating information into your proposal.

e. Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal. 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 should be resolved prior to submission of the offer.

2. PROPOSAL FORMAT & GENERAL INSTRUCTIONS

a. Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages shall be numbered. A single side of a sheet of paper equals one page.

b. Offerors are advised to follow the DoD SAFE instructions for uploading files. DoD SAFE has posted official file size limitations of 8.0 GB per file, or 8.0 GB total for the entire drop-off.

Additional instructions/guidance can be found at https://safe.apps.mil/about.php.

c. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. An unusual font style, such as script or condensed print, shall not be used for any submission. All page margins shall be at least one (1) inch wide, but may include headers and footers of the solicitation, project title, and company. Pages shall be formatted to print on 8 ½ by 11 inch paper, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Spreadsheets must fit to 11x14 or 11x17 paper size unless specifically authorized in this section for a particular submission.

Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each applicable factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e.

doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

d. Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the delivery time & date recorded within DoD SAFE. Do not assume that electronic submission will occur instantaneously.

Large files may take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes, this will allow for unexpected delays in the transmittal process and troubleshooting. Potential Offers shall contact Scott Bonner for a DoD safe “drop off” code five (5) business days prior to closing. Proposal submission difficulties should be coordinated with the DoD SAFE Service Desk at 1-844-347-2457. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions received after the deadline will be considered late and as such will be processed in accordance with

FAR 15.208.

e. “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at https://safe.apps.mil/about.php

FAR 52.215-1, Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

f. In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work under the prospective contract.

g. Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision or amendment, e.g., Error, Omission or Clarification shall be included and be annotated for each revision. Proposal replacement pages shall be numbered and clearly marked “REVISED”, with the date of revision.

3. JOINT VENTURE PROPOSAL REQUIREMENTS. When proposing as a joint venture, all members of the joint venture shall sign the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. For 8(a) or 8(a) joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 respectively.

5. DISCUSSIONS. The Government intends to evaluate proposals and award a contract without discussions with Offerors, in accordance with FAR 52.215-1, Instructions to

Offerors—Competitive Acquisitions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

A “Competitive Range” is a subjective determination of the most highly rated proposals in the event that discussions with Offerors are required. In such an event, the SSA will approve a competitive range of all the most highly rated proposals.

If discussions are held, the Government may engage in a broad give and take with each Offeror in the competitive range, in accordance with FAR 15.306 (d). The Government will provide the Offeror an advance agenda for the discussions. During discussions, the Government may ask the Offeror to further explain its proposal and to answer questions about it.

Upon conclusion of discussions, those Offerors still considered the most highly rated, will be afforded an opportunity to submit their proposal revisions for final evaluation and selection.

In addition to the other proposal information, the Contracting Officer shall use this information in making an affirmative responsibility determination for award to the Successful Offerors, in accordance with FAR Part 9. Failure to achieve an affirmative responsibility determination will make the Offeror ineligible for award.

6. COST OR PRICING DATA. Offerors are not required to submit Cost or Pricing Data with their offers.

7. GENERAL NOTICES

a. Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in Offers is prescribed in 18 USC 1001. (FAR 52.214-4).

b. The Affirmative Action Requirement of the Equal Opportunity Clause may apply to any contract resulting from this RFP.

8. OFFEROR’S QUALIFICATIONS

Pursuant to FAR 9.1, before an offer is considered for award, the offeror will be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

9. NOTICE REGARDING POTENTIAL EMPLOYMENT ON MILITARY

INSTALLATION

If the work called for by this request for proposal is located on a military installation, offerors should check with post/base security to determine if potential employees will be allowed on the base/post to seek employment.

10. SPECIAL NOTICE CONCERNING INDIVIDUAL SURETIES

The Security interest, including pledged assets as set forth in the FAR 52.228-11, PLEDGES

OF ASSETS, and executed Standard Form 28 entitled "AFFIDAVIT OF INDIVIDUAL

SURETY" shall be furnished with the bond. Failure to provide with the bid bond a pledge of assets (security interest) in accordance with FAR 28.203-1 will result in rejection of a bid which is bonded by individual sureties.

11. 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 USACE Southwestern Division, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

12. FOREIGN ONWERSHIP CONTROL OR INTERESTS (FOCI)

All prospective contract bidding companies are subject to vetting against Foreign Ownership

Control or Interests (FOCI). Submittal of a Statement of Affiliation (SOA) must be accomplished as detailed in the RFP. SOA information will be protected in accordance with the Privacy Act of 1974. The use of the SOA is not for obtaining a facility clearance.

Information obtained from the vetting process will be adjudicated by the Accrediting Official

(AO) and designated appointees, who will have the final decision regarding the eligibility of the company following the FOCI process. Reasonable requests to review information for accuracy will be met, but there is no appeal process for final decisions. In accordance with the

Privacy Act of 1974 information obtained for Adjudicative purposes will not be shared outside of elements involved in the adjudicative process. The Accrediting Official (AO), SSM will not share the rationale for adjudicative decisions.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

52.216-27 Single or Multiple Awards OCT 1995

52.217-5 Evaluation Of Options JUL 1990

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

252.219-7000 Advancing Small Business Growth SEP 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

TBD with each task order 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

”Covered area” will be determined at task order level.

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.

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 construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___

Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___

Item 2

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___

Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

US Army Corps of Engineers

ATTN: CESWF-CT, Linda D. Eadie, 819 Taylor Street, Room 2A17

(PO Box 17300)

Fort Worth TX 76102-0300

Email: SWF-Protest@usace.army.mil

(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:

POC Information will be provided with each 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):

Federal Acquisition Regulation (FAR):

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

Department of Defense FAR Supplement:

https://www.acquisition.gov/dfars

UAI:

https://www.usace.army.mil/Business-With-Us/Contracting/Resources/ https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.usace.army.mil/Business-With-Us/Contracting/Resources/

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,

DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

Applicable documents will be provided with the appropriate task order requirements.

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

PHASE I EVALUATION

SECTION 00 22 10

PHASE 1 OF A 2 PHASE DESIGN-BUILD SELECTION

PROCEDURES

1. OVERVIEW:

1.1. The Fort Worth District intends to award a target of (5) five

Small Business Design-Build Vertical Construction Firm Fixed Price (FFP) Multiple Award Task Order Contracts (MATOC) primarily for use in Fort Worth District (Texas, Louisiana, New Mexico) but also supporting Southwestern Division (SWD), consisting of Texas, Louisiana, New Mexico, Arkansas, and Oklahoma. The estimated maximum task order limitation is $30,000,000 with a minimum task order limitation of $75,000 and an estimated overall capacity of $620,100,000 for all task orders.

1.2. The types of facilities included in the construction program include, but are not limited to, dormitories, dining facilities, classrooms, air traffic control towers, munitions training, office space, chapels, operations centers, warehouses, headquarters buildings, vehicle maintenance shops, laboratories, instructional buildings, and checkpoints. Historically, our greatest use of MATOC's has been in support of the Sustainment, Restoration and Maintenance (SRM) program for our military customers, which may account for 50% or more of the task orders issued annually with this MATOC. A high percentage of SRM renovation and repair projects are Design-Build.

1.3. This Small Business MATOC is one of a suite of Small Business

FFP Vertical Construction MATOC's being solicited by Fort Worth District, to include additional Small Business MATOC solicitations for Women Owned Small Business (WOSB), Service-Disabled Veteran Owned Small Business (SDVOSB), HubZone, and competitive 8(a). These MATOCs will have maximum task order limitations of $16M, 17M, $20M, and $30M, respectively. Because 3 of the 5 MATOC pools have maximum task order limitations under $20M, this MATOC and the 8(a) MATOC may see more task order solicitations between $20M - $30M. Offerors must demonstrate an ability to bond a minimum of three task orders at the maximum task order limit at any given time.

1.4. This solicitation will be evaluated under the Two-Phase Design

Build Process. In Phase One, interested small business firms or joint venture entities (referred to as "Offerors") submit specified performance capability proposals, demonstrating their capability to successfully execute a wide variety of vertical construction including new construction, maintenance, repairs and alterations utilizing Design-Build (DB) and Design-Bid-Build (DBB) processes. The Government will evaluate responsive proposals based on the Phase One evaluation criteria herein.

1.5. After evaluation of the Phase One proposals, the Government will select a target of 10 of the most highly qualified offerors to be invited to submit proposals for Phase Two of the solicitation.

1.6. It is not intended for the Offerors to complete and provide price information in Phase One.

1.7. In Phase Two, the selected Offerors will submit a technical and price proposal for a seed project task order. The Government will evaluate the Phase Two proposals in accordance with the criteria described in the Section 00 22 20.

1.8. Firms that are formally organized as design-build entities and design firms/construction contractors that have associated specifically for this project may submit proposals. Associations may be as joint ventures or as key team subcontractors. Small Business Joint Ventures must be in compliance with 13

CFR 125.8.

1.9. All designs under this contract must be developed under the direct supervision of appropriately licensed professionals for each discipline involved.

2. BASIS OF AWARD: Selection for award will be determined using the Trade-off

Process in accordance with FAR 15.101. This process permits trade-offs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. All evaluation factors other than cost or price, when combined, are significantly more important than price.

3. GENERAL INSTRUCTIONS: The Phase One proposals must be organized by the sections indicated below:

Volume 1, Tab A

Cover Letter, SF 1442 Data/Acknowledgement Sheet Representations and Certifications

Not Applicable

Volume 1, Tab B

Factor 1 - Past Performance Most Important Factor

Volume 1, Tab C

Factor 2 - Organization and Technical Approach

Factor 2 is less Important than Factor 1, but is equal to Factor 3

Volume 1, Tab D

Factor 3 - IDIQ Capability Factor 3 is less Important than Factor 1, but is equal to Factor 2

1. VOLUME 1, TAB A

1.1. Submit a Cover Letter. Indicate whether you are a Small Business under the size standard for NAICS 236220.

1.2. Submit the SF 1442, completed and signed by a person authorized to bind the company in accordance with the instructions at FAR 4.102.

1.3. Submit the completed Proposal Data/Acknowledgement Sheet (Attachment 1) and the following documents (if applicable):

1.3.1. If the offeror is a Joint Venture, a copy of the joint venture agreement shall be submitted with the proposal. All members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

1.3.2. If the Offeror is a Limited Liability Company, include a copy of the Articles of Organization and Operating Agreement.

1.3.3. If the Offeror has teaming agreements and/or letters of commitment, include a copy.

1.3.4. The Design of Record (DOR) that is teaming with the Offeror shall provide a teaming agreement and/or letter of commitment in order to be considered as part of this evaluation.

1.4. Representations and Certifications: Submit completed provisions 52.209-7;

DFARS 252.204-7007 Alternate 1, para e

2. TAB B – FACTOR 1 - PAST PERFORMANCE

2.1. SUBMISSION REQUIREMENTS:

2.1.1. The Offeror and their designer shall each demonstrate past performance through the submission of similar projects, using the Past Performance Projects Table (Attachment 2), Construction - Past Performance Assessment Worksheet (Attachment 3), Designer - Past Performance Assessment Worksheet (Attachment 4), and the Construction IDIQ Experience Table (Attachment 5). If the Offeror is a Joint Venture, Partnership, Teaming Arrangement, or Parent company/subsidiary/affiliate as identified in the offeror's proposal, provide past performance information for construction projects relevant to each of the proposed roles on this project. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer. Design firms may list prime contractors they have worked for or Government, private or commercial customers. If projects were design-build, identify them as such.

2.1.1.1. Both the prime contractor and the design firm(s) shall submit at least six (6) and no more than ten (10) projects on the Past Performance Projects Table (Attachment 2) completed or substantially completed within 6 years from the date of this solicitation that best represent their experience similar to the scope of work for this solicitation.

2.1.1.2. Both the prime contractor and design firm must submit a Past Performance Assessment Worksheet (Attachment 3 or 4) for each project submitted on the Past Performance Projects Table (Attachment 2).

2.1.1.3. No more than two (2) projects submitted for construction past performance may be a current construction project with at least 75% construction progress completed. All projects submitted for design must be completed designs; designers may submit design/build projects if the design portion of the project is complete.

If offeror is proposing as a Joint Venture (JV), Partnership and/or Teaming Arrangement and past performance cannot be provided as such, each partner shall submit past performance information, with no less than three (3) projects each.

2.1.1.4. The Offeror shall each demonstrate, if applicable, past performance on Construction Indefinite-Delivery Indefinite-Quantity (IDIQ) contracts, such as a MATOC, MACC, etc., through the submission of similar contracts, using the Construction IDIQ Experience Table (Attachment 5). The prime contractor shall provide any and all experience on Construction IDIQ contracts completed or substantially completed within 6 years from the date of this solicitation. The submitted contracts for Attachment 5 are in addition to the projects submitted under paragraph 5.1.1.1. In order for the experience to be considered relevant for the prime contractor, the offeror must be the IDIQ contract holder, not a subcontractor performing on the contract. If the Offeror is a Joint Venture, Partnership, Teaming Arrangement, or Parent company/subsidiary/affiliate as identified in the offeror's proposal, provide a Construction IDIQ Experience Table for each member. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer.

2.1.2. The Past Performance Questionnaire (PPQ) included in…