BarracksRenovations-W912DQ20R4007Solicitation-Phase 1.pdf

m US Army Corps of Engineers Kansas City District Building Strong

Barracks Renovations (7614, 7616, 7648) Fort Riley, Kansas

Design Build PHASE 1 of 2 - Request for Proposal

Solicitation W912DQ-20-R-4007

June 2020

This page was intentionally left blank for duplex printing.

W912DQ-20-R-4007

TC-1

DEPARTMENT OF THE ARMY

Kansas City District, Corps of Engineers

647 Federal Building Kansas City, Missouri 64106

SPECIFICATIONS FOR CONSTRUCTION OF

FY20 BARRACKS (7614, 7616, 7648) RENOVATION

PHASE 1 OF 2

FORT RILEY, KANSAS

TABLE OF CONTENTS

VOLUME I

COVER

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION TITLE

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

DIVISION 1 – GENERAL REQUIREMENTS

SECTION TITLE

01 10 00.00 23 STATEMENT OF WORK

--End of Table of Contents--

This page was intentionally left blank for duplex printing.

Renovations to Barracks Buildings 7614, 7616, and 7648 at Ft. Riley, Kansas.

PROJECT DESCRIPTION: The general scope of the requirements w ill be furnishing all labor, equipment, materials, and transportation and performing all required w ork in accordance w ith the plans and specifications for the renovation of existing older barracks buildings from their current configuration of “Rolling Pin” style. The renovation of each building w ill provide dw elling units, support spaces, new finishes and architectural features, replacement of mechanical, electrical, telecommunications systems, and new fire protection. Site grading w ill be required to provide positive drainage aw ay from the facility.

The requirement is an Unrestricted/Full and Open competitive acquistion; both small and large businesses are eligible to respond. This solicitation w ill use a 2 Phase Design-Build procurement methodology as described in FAR Part 36.3 and w ill result in a Firm Fixed Price aw ard. NAICS Code: 236220 (Size Standard: $39.5M) In accordance w ith FAR 36.204 and DFARS 236.204, the estimated magnitude of this project is betw een $25,000,000 and $100,000,000.

RODNEY A MORRIS 816-389-3730

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

12-Jun-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Jul 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, KANSAS CITY +

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

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:30 PM (hour)

Sealed envelopes containing offers

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

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

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

W912DQ20R4007 104

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

W912DQ20R4007

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Buildings 7614 & 7648 Renovation Design

FFP

Buildings 7614 & 7648 Renovation Design - Includes all pricing related to the design of renovations of Buildings 7614 & 7648 per the contract documents.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Building 7614 Renovation

FFP

Building 7614 Renovation - Includes all pricing related to the construction of renovations of Building 7614 per the contract documents.

FOB: Destination

NET AMT

0003 1 Job Building 7648 Renovation

FFP

Building 7648 Renovation - Includes all pricing related to the construction of renovations of Building 7648 per the contract documents.

FOB: Destination

NET AMT

0004 1 Job Contractor Manpower Reporting

FFP

Contractor Manpower Reporting is required. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. The Unit Identification Code (UIC) required for input of information for this contract is:

W07105. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

0005 1 Job OPTION Building 7616 Renovation Design

FFP

Building 7616 Renovation Design - Includes all pricing related to the design of renovations of Building 7616 per the contract documents.

0006 1 Job OPTION Building 7616 Renovation

FFP

Building 7616 Renovation - Includes all pricing related to the construction of renovations of Building 7616 per the contract documents.

0007 1 Job OPTION Buildings 7614 & 7648 Façade Renovation

FFP

Buildings 7614 & 7648 Façade Renovation - Includes all pricing related to the design and construction of façade renovations of Buildings 7614 & 7648 per the contract documents.

0008 1 Job OPTION Building 7616 Façade Renovation

FFP

Building 7616 Façade Renovation - Includes all pricing related to the design and construction of façade renovations of Building 7616 per the contract documents.

CLAUSES INCORPORATED BY FULL TEXT

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002)

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

__X___Between $25,000,000 and $100,000,000

(End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Rodney A. Morris PHONE: 816-389-3730 E-MAIL: rodney.a.morris@usace.army.m il

PROJECT

MANAGER:

Elspeth Malcolm PHONE: 816-389-2080 E-MAIL: elspeth.m.malcolm@usace.arm y.mil

TPL_NWK_002 PROPOSALS TO BECOME PART OF THE CONTRACT

1. When an offeror submits its proposal in response to a Request For Proposals, and a staffing plan including the names and qualifications of key personnel who are proposed to work on the project is required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the

Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

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

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

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

(End)

Section 00 21 00 - Instructions

NOTICE

Additional Information Regarding Offer SF 1442, Block 13.D

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

The 120 calendar days for the Government acceptance period starts over in Phase 2. Offerors providing less than 120 calendar days for Government acceptance of their Phase 2 proposal after the date Phase 2 proposals are due will not be considered and will be rejected.

During Phase 2 discussions, the 120 calendar days for the Government acceptance period starts over for each proposal revision. Offerors providing less than 120 calendar days for Government acceptance of their Phase 2 proposal revisions after established cut-off date will not be considered and will be rejected.

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

CLAUSES INCORPORATED BY REFERENCE

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

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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

2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

6.5% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

TRADE AGREEMENTS (MAY 2014)

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

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

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

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

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

TBD

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/FAR/

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

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

1. OVERVIEW

a. This Request for Proposal (RFP) is for the Renovation of the Barracks

Buildings at Fort Riley, Kansas.

b. The construction contract for the Barracks Renovations will utilize a DFARS 236.272 Design-Build prequalification two phase acquisition strategy and delivery method. The selected construction contractor must have the demonstrated capability to manage a complex construction effort; plan and execute a secure work site. The scope of this Design-Build (D-B) contract would be to redesign existing older barracks buildings from their current configuration of “Rolling Pin” style. The renovation of each building will provide dwelling units, support spaces, new finishes and architectural features, replacement of mechanical, electrical, telecommunications systems, and new fire protection. Site grading will be required to provide positive drainage away from the facility. Design documents shall contain all necessary technical information, standards, and reference codes as applicable to the work, and shall comply with appropriate U.S. laws and codes. The work will include, but is not limited to construction/installation of walls and partitions, interior/exterior insulation, interior finishes, utilities such as HVAC upgrades, interior electrical, plumbing, fixtures, appliances, kitchenette sinks, fire alarm systems, internet and telephone systems, and may include site improvements, pavements, communications infrastructure, and other supporting work necessary to make complete and useable facilities. Asbestos and lead paint, if present, shall be removed and disposed by certified personnel.

The services under this contract shall be performed by U.S. companies using U.S. citizens.

Every contractor and subcontractor shall meet U.S. employment policy. Each individual supporting this contract must have a current status as a U.S. citizen.

c. Firms formally organized as construction contractors that have associated specifically for this project, consortia of firms, or any other interested parties may submit proposals. A construction contractor may offer more than one proposal by entering into more than one association.

Associations may be joint ventures or include key team subcontractors. Any legally organized offeror may submit a proposal.

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

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

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

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

PHASE 1 DOES NOT REQUEST OR REQUIRE A PRICING SUBMISSION.

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

i. Offerors must submit a complete Phase 2 proposal to be considered for award.

Failure to submit a complete proposal may result in the entire proposal being rejected.

2. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

All offerors shall be required to submit a proposal with the minimum content as specified herein.

Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard Form 1442 at the following address:

U.S. Army Engineer District, Kansas City Federal Building Room 635 ATTN: CECT-NWK-M/Rodney A. Morris 601 East 12th Street Kansas City, Missouri 64106-2824

3. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

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

Proposal Characteristics - PHASE 1

Submit the proposal in tabbed, three-ring binders identified by the Solicitation Number (W912DQ20R4007), project title (Barracks Renovations, BLDGS 7614, 7616 and 7648, Ft. Riley, KS), name, address, and telephone number of the offeror. Arrange the proposal as follows:

Phase 1 - Volume 1, Technical Proposal: The cover letter, Tab A, Tab B, and Tab C shall be submitted in one original hard copy and electronically. TABs D and E shall be provided in original and all 3 copies required by the solicitation.

Cover letter - Solicitation number; Name, address, email, and telephone number of the offeror;

Names, titles, emails, and telephone numbers of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this RFP. Name, title and signature of the person authorized to sign the proposal. A statement specifying agreement with all terms, conditions and provisions included in the RFP; CAGE Codes and DUNS number for the offeror and all teaming partners who participated in the Factor 1-1 – Corporate Experience.

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

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

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

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

INELIGIBILITY FOR AWARD.

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

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

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

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

TAB D - Factor 1-1: Corporate Experience Letters of commitment for subcontractor or teaming partners as identified in section 6.0 below.

TAB E - Factor 1-2: Performance Confidence

Information submitted about any company other than the offeror, whether a predecessor company, affiliated company, major subcontractor, or other associated business, WILL NOT be evaluated for any factor unless the proposal contains a detailed narrative explaining why this submitted information is relevant for performance of this contract. The Government will consider the adequacy of this explanation in deciding the relevance and weight of the information to this procurement.

Information about major subcontractors may not be given much weight unless the proposal contains some evidence that this subcontractor is committed to perform the work. See UAI 5152.236-9001.

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

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

Volumes shall be submitted in the following quantities:

Volume 1 – Technical Proposal Original & 3 copies

Electronic copies shall also be provided on one CD/DVD in PDF format and be *Optical Character Recognition (OCR) compatible. The CD/DVD must be clearly labeled by solicitation number, project name, installation, and Offeror’s name. In the event of any conflict between the electronic submission and the hard copy submission, the hard copy submission will govern and will be the material upon which the Government bases its evaluation and ultimately, its decision.

All text must be legible and easily read. The page size of the offeror’s proposal shall not exceed 8- 1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced with a minimum size 10 font. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size. A page is defined as text or information on one side of the paper. If it is printed double sided, each face will be counted as a page.

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

4. INQUIRIES/QUESTIONS

Technical inquiries and questions relating to this solicitation shall be submitted via

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

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

The Solicitation Number is: W912DQ20R4007 The Bidder Inquiry Key is: 3FGSPY-F56MZC The Plans Room Key is: 7SWFBI-7ZP3X6 Instructions for first-time ProjNet Bid Inquiry Access:

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

2. Identify the Agency. Select agency USACE.

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

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

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

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

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

Instructions for future ProjNet Bid Inquiry Access:

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

You will utilize your Secret Question and Secret Answer to log in.

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

3. Identify the Agency. Select agency USACE.

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

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

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

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

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

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

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

Email to staff@rcesupport.com.

5. JOINT VENTURES

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

1. A copy of their Joint Venture agreement.

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

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

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

c. The structure of the joint venture and decision-making responsibilities of the Joint

Venture parties in terms of who will control the manner and method of performance of the work.

d. The bonding responsibilities of the Joint Venture parties.

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

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

g. Identification of party furnishing the facilities, such as office supplies and telephone service.

h. Identification of party having overall control of the Joint Venture.

Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual Joint Venture parties and identify the party or hired as employees of the Joint Venture.

6. SUBCONTRACTOR/TEAMING PARTNERS

If an offeror wishes to receive credit for the corporate experience or past performance of a subcontractor or teaming partner, the offeror must submit a letter of commitment to use the proposed firm on the project, signed both by the subcontractor/teaming partner and the offeror. The commitment letter must be submitted even if the subcontractor/teaming partner is in some way affiliated with the offeror (for example, the subcontractor/teaming partner is a subsidiary of a joint venture partner, or a subsidiary of a firm to which the joint venture partner is also a subsidiary).

Include the subcontractor/teaming partner letters of commitment in Volume 1, TAB D.

SAMPLE LETTER OF

COMMITMENT to USE

SUBCONTRACTOR/TEAMING

PARTNER

[COMPANY LETTERHEAD]

TO: Contracting Officer, Kansas City District, United States Army Corps of Engineers SUBJECT: Letter of Commitment for Proposed [insert project name] Dear Sir or Madam:

[Insert name of offeror] and [insert name of subcontractor] hereby make the unequivocal commitment that, in the event that the company receives award of the Contract for [insert project name], [insert name of subcontractor] will perform the following work required by the Contract.

[Insert list of tasks to be performed by the subcontractor]

Sincerely, [Authorized Official]

[Legal Name of Offeror]

Date:

[Subcontracto r] [Legal Name of Subcontractor ] Date:

7. BASIS FOR AWARD

The agency will use Two-phase Design-Build Prequalification of Sources Selection Procedures authorized by DFARS 236.272. In Phase 1, the Government intends to select up to a target of three most highly rated offerors to compete in Phase 2. If there is no meaningful distinction or breaking point at three offerors, the government reserves the right to invite fewer offerors to submit Phase 2 Offers. The selection will be based on evaluation of technical factors. There are two non-price (technical) factors in Phase 1:

Factor 1-1, Corporate Experience Factor 1-2, Performance Confidence

Only those offerors selected in Phase 1 will be invited to submit a proposal for Phase 2, and they will be the only offerors eligible to compete in Phase 2.

The Government will select a target of three offerors based on their overall merit after consideration of the evaluation factors described above. The relative weight given to the evaluation factors is described in the Phase 1 table below.

The Technical Factors are of equal importance.

PHASE 1 - RELATIVE WEIGHT OF EVALUATION FACTORS

Table 1. Relative Weight of Evaluation Factors

Location Factor Number

Description

Relative Importance

Phase 1 & 2

Factor 1-1

Corporate Experience

This factor is equal in importance to Factor 1-2

Phase 1& 2

Factor 1-2

Performance Confidence

This factor is equal in importance to Factor 1- 1

8. SOURCE SELECTION PROCESS

The Source Selection Evaluation Board (SSEB) will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal, revised proposals, if necessary, and any information obtained from other sources, e.g. past performance information. The SSEB will not consider any documents incorporated by reference, except as expressly allowed by this solicitation.

Members of the SSEB will independently evaluate the information provided in the Phase 1 proposal. Once these individual evaluations are completed, the SSEB will deliberate and assign a consensus rating for each evaluation factor.

The results of the SSEB evaluations will be presented to the Source Selection Authority. The SSA will determine whether it is appropriate to engage in clarifications, communications or discussions.

The ratings on individual factors, to include all support documentation, will be provided to the SSA. The SSA, independently exercising prudent business judgment, will determine which Offerors will participate in Phase 2 of the solicitation.

Offerors are cautioned to put forth their best efforts for the Phase 1 submission, and to furnish all information clearly to allow the Government to determine their performance capability.

Offerors should not assume that they will have an opportunity to clarify or correct anything in the proposal after submitting it in response to Phase 1.

9. TECHNICAL RATING

The Source Selection Team (SST) will use a combined technical/risk rating system that includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical…