Draft RFP - W9128F20R0059 - 349M Fuels SB MATOC SEP20 Final.pdf

INDEFINITE DELIVERY CONTRACT FOR DESIGN-BUILD CONSTRUCTION IN SUPPORT OF POL FACILITIES - INFRASTRUCTURE, VARIOUS LOCATIONS IN THE CONTINENTAL UNITED STATES (CONUS), ALASKA, HAWAII AND US TERRITORIES

This solicitation is a Small Business set-aside. A target of six (6) Indefinite Delivery Contracts may be aw arded for a base performance period of four (4) years w ith one (1) three (3) year option period. The combined total value of the all contracts shall not exceed $349,000,000. The minimum contract guarantee is $2,500.

Except as provided below , w ork w ill be performed by the selected qualif ied Contractors pursuant to firm-fixed-price contracts. Task Orders w ill be requested from time to time, as the need arises, during the contract period. There is no value assigned to the task order minimum or maximum. Wage rates applicable to the area of w ork w ill be added to each task order. The offeror agrees to do all the w ork described in these documents.

RETURN WITH PROPOSAL: SECTIONS 00 10 00, 00 45 00, AND INFORMATION REQUIRED IN SECTION 00 22 10 FOR PHASE 1 OF 2. FOR OFFERORS SELECTED TO PARTICIPATE IN PHASE 2 OF 2, SEE SECTION 00 22 20 AND PRICING SUBMISSION REQUIREMENTS.

ERICKA T COLLINS 402-995-2116

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

28-Aug-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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________Per task order

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

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

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

D. Offers providing less than _______180 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

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128F20R0059 85

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices 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

W9128F20R0059

Section 00 10 00 - Solicitation

CONTRACT RATE PRICING SCHEDULE

Section 00 10 00

CONTRACT RATE PRICING SCHEDULE

TABLE 1: BINDING CAPPED LABOR RATE SCHEDULE

Labor Discipline

U n b u rd en ed L ab or

R at e (B as e

P er io d

B u rd en ed L ab or

R at e (B as e

P er io d

Y ea r

1)

B u rd en ed L ab or

R at e (B as e

P er io d

Y ea

2) rd en ed L ab or

R at e (B as e

P er io d

Y ea r3

B u rd en ed L ab or

R at e (B as e

P er io d

Y ea

4) rd en ed L ab or

R at e (O p ti on P er io d

Y ea

1) rd en ed L ab or

R at e (O p ti on P er io d

Y ea

2) rd en ed L ab or

R at e (O p ti on P er io d

Y ea

3)

Corporate Construction Program Manager (CCPM)

Corporate Safety and Health Manager (SHM)

Project Superintendent

Contractor Quality Control System Manager (QCSM)

Site and Safety Health Officer (SSHO)

NOTES:

1. The hourly burdened labor rates proposed in Table 1 are binding upon contract award for the life of the MATOC.

2. The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit. The unburdened hourly rates are required for Year 1 (only) so that the Government can determine how the proposed burdened rates were calculated.

3. The binding capped hourly rates represent the maximum labor rates that the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all modifications issued against task orders. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP or modification request based on the tasks within the RTOP or modification requests.

4. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding hourly rate or a lower rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

5. If a discipline is not listed in the Binding Labor Rate Schedule and is required for the

Contractor to perform a specific task order, the Contractor may propose the required labor discipline and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP or modification request.

6. If during the Contract Period of Performance, the Contractor’s original personnel are no longer available, the Contractor shall provide personnel that meet the same qualifications as stated in the base contract. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Table 1. The rates provided in Table 1 are the maximum that will be paid by the Government for any replacement personnel.

7. The maximum rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued.

Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the labor rates effective on 1 November 2018 will apply.

8. The Government reserves the right to request certified cost or pricing date; or information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

Table 2: BINDING CAPPED INDIRECT RATE SCHEDULE

Base Period Year 1

Base Period Year 2

Base Period Year 3

Base Period Year 4

Option Period 1 Year 5

Option Period 1 Year 6

Option Period 1 Year 7

Home/Corporat e Office Overhead Rate

Field Office Overhead Rate

G&A Rate _____% _____% _____% _____% _____% _____% _____%

Other Rate #1 (identify):

Other Rate #2 (identify):

NOTES:

1. The Binding Capped Indirect Rates provided in Table 2 are a breakout of the caps/markups incorporated into the Capped Burdened Hourly Rates (Table 1). If the Offeror has Binding Capped Indirect Rates that are the same for the Base Period and Option Periods simply put the same number in each box. If the Offeror intends to provide Capped Indirect Rates that are different for any or all Option Periods from the Base Period, the Offeror must provide a justification for the changed cap rates.

2. The Binding Capped Indirect Rates represent the maximum rates that the Contractor shall use when responding to all RTOPs issued by the Government. These Binding Capped Indirect Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

3. Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rates may result in the Contractor’s task order proposal being rejected for award consideration.

4. The Binding Capped Indirect Rates shall be governed by the effective date of the Task Order.

Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” Binding Capped Indirect Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the Binding Capped Indirect Rates effective on 1 November 2018 will apply.

Table 3: BINDING MAXIMUM PROFIT RATE

NOTE:

1. The Binding Maximum Profit Rate shall be binding and shall be the maximum profit rate the

Contractor will be allowed to propose for all task orders and modifications issued under this contract. The Contractor may propose a lower profit rate when responding to an RTOP or Request for Proposals (RFPs) for modifications.

Department of Labor Wage Rates

The appropriate Department of Labor Wage Determination will be provided for individual Task Orders issued against the contract.

---End of Contract Rate Pricing Schedule---

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $349M DB Fuels MATOC - SB

FFP

Base (4 -Year) Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories. The work shall be in accordance with Request for Proposal documents issued within this solicitation.

FOB: Destination

PSC CD: Y1GC

NET AMT

0002 Job OPTION $349M DB Fuels MATOC - SB

FFP

Option (3 -Year) Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories. The work shall be in accordance with Request for Proposal documents issued within this solicitation.

0003 Job OPTION $349M DB Fuels MATOC - SB

FFP

Option (6 - Month) Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories. The work shall be in accordance with Request for Proposal documents issued within this solicitation.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237120.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a target of six (6) Indefinite Delivery/Indefinite Quantity (IDIQ) Firm- Fixed-Price (FFP) Multiple Award Task Order Contracts resulting from this solicitation.

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

Tyler Hegge (CENWO-CT AST) US Army Corps of Engineers, Omaha District 1616 Capitol Avenue Omaha, NE 68102

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

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

7/20

PART 1 GENERAL

1.1 GENERAL SOLICITATION INFORMATION

This Request for Proposal (RFP) is for solicitation of a Multiple Award Task Order Contract (MATOC). This solicitation is open to Offerors registered as a Small Business contractor in the System for Award Management (www.sam.gov).

1.2 SUBMISSION DEADLINE

Offers shall be submitted as stated and by the time and date as specified in Section 00 10 00, Page 1.

{Submit proposals in accordance with instructions found in Section 00 22 10)

ELECTRONIC DELIVERY TO:

Tyler.Hegge@usace.army.mil Glenda.A.Canty@usace.army.mil Ericka.T.Collins@usace.army.mil

See Section 00 22 10 SUPPLEMENTARY INSTRUCTIONS (SUBMISSION REQUIREMENTS AND EVALUATION) for additional submission details.

1.3 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the beta.SAM.gov website.

It shall be the Contractor's responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.4 OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via Bidder Inquiry as indicated below.

For any other matters regarding this RFP, please contact:

Contract Specialist - Primary POC:

Ms. Ericka T. Collins Ericka.T.Collins@usace.army.mil 402-995-2882 (Telephone)

1.5 BIDDER INQUIRY

Questions relating to the proposal are to be submitted via Bidder Inquiry in ProjNet at:

https://www.projnet.org/projnet/ No Later Than ten (10) calendar days before due date of proposals, in order that they may be given consideration or actions taken prior to receipt of offers. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via ProjNet email notification after an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W9128F-20-R-0059

The Bidder Inquiry Key is: IXRKR6-9FEWZG

a. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

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

2. Identify the Agency. This should be marked as 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.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed 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. This should be marked as 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.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. The Bidder Inquiry System will be unavailable for new inquires after ten (10) calendar days in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. 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.

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

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

1.6 GENERAL DESCRIPTION OF WORK

EVALUATION – PHASE 1) and Section 01 11 00 SUMMARY OF WORK for a general description of work to be performed under this Multiple Award Task Order Contract (MATOC).

1.7 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

EVALUATION).

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Document --

Section 00 22 00 - Supplementary Instructions

PHASE 1/2 SELECTION PROCEDURES

SECTION 00 22 10

PHASE 1 OF 2 PHASE SELECTION PROCEDURES

INDEX

1. SCOPE OF WORK

1.1. GENERAL DESCRIPTION OF WORK

1.2. TYPES OF PROJECTS

1.3. ON-RAMP PROCEDURES

2. SELECTION PROCEDURE OVERVIEW

3. PHASE 1 PROPOSAL FACTORS IN PHASE 2

4. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

4.1. SUBMISSION INSTRUCTIONS

4.2. SUBMISSION DEADLINE

5. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

6. INQUIRIES/QUESTIONS

7. CONTRACTOR TEAM ARRANGEMENTS

7.1. CONTRACTOR TEAM ARRANGMENT OTHER THAN JOINT VENTURE

7.2. JOINT VENTURE TEAM ARRANGMENT

7.3. INTEGRITY AND VALIDITY OF CONTRACTOR TEAM ARRANGEMENTS

8. BASIS FOR AWARD

9. RELATIVE IMPORTANCE OF EVALUATION FACTORS

10. SOURCE SELECTION PROCESS

11. TECHNICAL RATING

12. PAST PERFORMANCE RATING

13. RATING DEFINITIONS

14. PPIRS, CPARS, AND CCASS RECORDS

15. DEBRIEFING OFFERORS

16. DEFINITIONS

17. TECHNICAL FACTORS TO BE EVALUATED

17.1. VOLUME 1, TAB 1 – FACTOR 1 – CONSTRUCTION EXPERIENCE

17.1.1. Submission Requirements

17.1.2. Evaluation Criteria

17.2. VOLUME 1, FACTOR 2 – PAST PERFORMANCE

17.2.1. Submission Requirements

17.2.2. Evaluation Criteria

17.3. VOLUME 1, FACTOR 3 – ORGANIZATIONAL STRUCTURE

17.3.1. Submission Requirements

17.3.2. Evaluation

18. ATTACHMENT 1 - PAST PERFORMANCE QUESTIONNAIRE (FORM PPQ-0)

SECTION 00 22 10

PHASE 1 OF 2 PHASE SELECTION PROCEDURES

1. SCOPE OF WORK

The scope of this request for proposal (RFP) includes all work required for Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the United States (CONUS, Alaska, and Hawaii) and outlying areas. In Phase 1 of 2 Phase Selection Procedures a maximum of eight (8) of the most highly qualified firms will be selected by the Government to participate in Phase 2 of this solicitation. This solicitation is a Small Business set-aside. In Phase 2 of this solicitation, the Government intends to award a target of six (6) Firm-Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) contracts under one Multiple Award Task Order Contract (MATOC) in support of the Petroleum, Oil and Lubricants – Mandatory Center of Expertise (POL-MCX). The work shall be in accordance with Request for Proposal documents issued within this solicitation.

1.1. GENERAL DESCRIPTION OF WORK

The purpose of this MATOC is to provide design-build and construction services in support of sustainability, restoration, modernization (SRM) and design-build construction of DoD Fuels Infrastructure within the United States (CONUS, Alaska, and Hawaii) and outlying areas. The scope of work for this acquisition includes, but is not limited to: replacement of aging fuel infrastructure and/or components, repair of storage tanks and containment areas, POL system upgrades and maintenance (modernization), facility demolition, construction of fuels support facilities, regulatory compliance, and design to support the construction work projects for primary customer, Defense Logistics Agency (DLA). As requirements develop, Requests for Proposals (RFPs) for projects will be issued under individual Task Orders.

The majority of the work to be performed under these contracts is necessary due to the age of the infrastructure, absence of maintenance, and safety/environmental regulatory compliance requirements for the imperative and successful operation of the POL facilities. The DoD petroleum infrastructure consists largely of real property facilities and supporting infrastructure which transfer, receive, store, and dispense petroleum products in support of day-to-day, training and operational missions across the globe. Petroleum products are typically transferred by rail, pipeline and truck. Storage is accomplished by bulk storage (tank farms) or operational storage tanks.

Dispensing is from operational storage or dispensing points into vehicles, mobile tanks, refueling vehicles or aircraft/equipment refueling points.

The total value of all task orders awarded under this MATOC will not exceed $349,000,000. The minimum guarantee amount for each contract will be $2,500.00. Task orders will be Firm Fixed Price (FFP) and generally within the value range of $500,000 to $12,000,000. Orders will follow the ordering procedures in Paragraph 1.3 below.

1.2. TYPES OF PROJECTS

Work anticipated under this MATOC includes design and construction work identified in Table 1 - SPECIALIZED WORK for POL fuel storage complexes, or portions thereof, in support of fuel distribution systems. Task order projects will include fuel system design services, inspection services and other services needed to complete each task order construction project.

All work will be accomplished in compliance with Military Fuel Standards, UFC 3-460-01, DoD, American Petroleum Institute (API), state and federal regulations.

Table 1 – SPECIALIZED WORK

a. Construction, maintenance, repair and demolition of POL facilities and infrastructure, to include design. Facilities and infrastructure include facilities in direct support of the fuel receipt, pipeline, storage, transfer, containment, laboratory testing, POL operations, quality control, equipment, and dispensing systems

b. Tank rehabilitation. Work consists of construction, repairing, replacing, and upgrading coatings, worn components, corrosion, and deficiency to the tank systems necessary to make the tank fully functional for support of mission requirements. Components typically include valves, pumps, piping, controls, dikes/berms, structural components (shell/tank bottom), life safety, and fire safety systems.

c. Tank cleaning prior to inspection and upgrades. Work includes cleaning to remove residual fuel products, water/sludge removal, and preparation of tank for inspection.

d. Repairs and Emergency Inspections Only. This includes POL facility inspections to determine condition. The inspection report documents current conditions and requirements for servicing, repairs, and upgrades.

THE OFFEROR SHALL BE REGISTERED FOR NAICS CODE 237120 AT A MINIMUM BY THE DATE

PHASE 1 PROPOSALS ARE DUE.

1.3. ON-RAMP PROCEDURES

Reference Section 00 73 00, paragraph 1.6 ON-RAMP PROCEDURES.

2. SELECTION PROCEDURE OVERVIEW

In Phase 1 of the two phase selection procedure, Offerors submit certain specified performance capability proposals, demonstrating their capability to successfully execute task orders under a contract resulting from this solicitation. The Government will evaluate the qualifications submitted in Phase 1 of 2 Selection Procedures and will invite a maximum of eight (8) of the most highly qualified Offerors to compete in Phase 2 for award of the

MATOC.

Offerors must submit a complete Phase 1 proposal to be considered for Phase 2. PHASE 1 DOES NOT INVOLVE

PRICING SUBMISSION.

Prior to Phase 2, an amendment will be issued to only the selected Offerors from Phase 1 inviting them to submit Phase 2 technical and price proposals for consideration. The amendment will request additional information needed to complete the submission of Phase 2 proposals. In Phase 2, the Source Selection Authority and Contracting Officer’s intent is to award a target of six (6) contracts under this MATOC to the Offerors whose proposal offers the best value to the Government.

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.

3. PHASE 1 PROPOSAL FACTORS IN PHASE 2

The Phase 1 evaluations will be carried forward into the Phase 2 evaluation. There is no separate submission of Phase 1 information required or allowed for Phase 2. The Government will incorporate the Phase 1 individual factor ratings, underlying narratives, etc. when evaluating the Phase 2 proposals to determine the proposals which provides the best value to the Government.

4. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

Offerors formally organized as Design/Build (DB) entities, or design firms and construction contractors that have formed a teaming arrangement specifically for this contract, or any other interested party may submit proposals. All Offerors must be registered in the System for Award Management (SAM) in the same manner as they are proposing for this solicitation (i.e. a single entity proposing as a Joint Venture must be registered as a Joint Venture).

The North American Industry Classification System code for this project is 237120, with a size standard for Small Business of $39.5 million dollars.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly describe the proposal. There will be no public proposal opening. All proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, any extra copies of the proposals deemed unnecessary by the government will be destroyed.

The original will be retained for the official contract file. In addition, extra copies of the awardees’ proposal will be submitted to the Field and Areas Offices in support of their contract administration functions.

4.1. SUBMISSION INSTRUCTIONS

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically. All submissions will be in Adobe PDF format with Optical Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as SEPARATE files via email. Offerors may use compression utilities such as 7-Zip, WinZip or PKZip to reduce file size and facilitate transmission. Offerors are encouraged to send both files in the same email transmission, if possible.

PHASE 1:

Volume I: Technical Proposal, Factors 1-3 Volume II: Required Documents

Title the single files in the following format:

W9128F20R0059_COMPANY NAME_PHASE1_VOLUME_I

W9128F20R0059_COMPANY NAME_PHASE1_VOLUME_II

For this solicitation, the recipients will be:

1. Tyler Hegge, whose email address is tyler.hegge@usace.army.mil and

2. Glenda Canty, whose e-mail address is glenda.a.canty@usace.army.mil and

3. Ericka T. Collins, whose email address is ericka.t.collins@usace.army.mil

For the purposes of determining whether the proposal was received “late” in accordance with FAR 15.208, the date and time the file(s) are received via email will be the time and date the Government received the proposal. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

Electronic Proposals shall be received via email No Later Than (NLT) the date and time indicated in Block 13 of the SF 1442 for this solicitation or as identified in subsequent amendments.

The Government is not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. The Offeror is responsible for ensuring that the proposal is submitted so as to reach the designated recipient and is responsible for allowing sufficient time for the proposal to be received in accordance with the information provided.

Failure to submit a complete proposal IAW instructions and requirements may result in the entire offer being rejected.

4.2. SUBMISSION DEADLINE

Offers shall be submitted at the location stated and by the time and date specified in Block 13 of Standard Form 1442 (Section 00 10 00, Page 1).

5. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

1. In order to be considered for award of a contract for the requirements of this solicitation, the Offeror must submit a complete 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:

Phase 1

Phase 1, Volume I, Technical Proposal:

Table of Contents FACTOR 1 Previous Experience FACTOR 2 Past Performance FACTOR 3 Technical/Management Approach

Phase 1, Volume II, Required Documentation:

Cover Letter Table of Contents Completed SF 1442 Bond Letter Contractor Team Arrangement Requirements Completed SF 30 (if applicable)

TABLE 1: Phase 1 Evaluation Factors

Volume Eval Factor Tab –Title Page Limitations

I Factor 1 Previous Experience

I Factor 2 Past Performance No Page Limitations for Past

Performance

I Factor 3 Technical/Management Approach

10 - If an offeror utilizes 11”x17” paper for the organization structure, it will be counted as one (1) page.

2. Proposal Characteristics

a) Each Volume shall contain a table of contents and all pages of each factor shall be sequentially numbered. 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. Margins (1-inch) shall be clean and clear. Submit the SF 1442, completed and signed by a person authorized by the Offeror.

ONLY PHASE 1 VOLUMES I & II NEED TO BE SUBMITTED DURING PHASE 1 OF THE TWO

PHASE SELECTION PROCEDURE.

b) Offeror shall submit a cover letter containing:

i. Solicitation number

ii. Name, title, address, email, and telephone number of the offeror.

iii. Names, titles, emails, and telephone numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP.

iv. Name, title and signature of the person authorized to sign the proposal.

v. A statement specifying agreement with all terms, conditions and provisions included in the RFP.

c) Offerors shall submit a completed SF1442 with their proposal.

d) Offerors shall submit a letter from their bonding company agent certifying the current maximum bonding capacity per project and the aggregate capacity.

e) For Contractor Team Arrangements including Joint Ventures, submit the information required by Paragraph 7 “Contractor Team Arrangements”.

f) Offerors shall submit acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

3. Prior to Phase 2, an amendment will be issued to selected Offerors from Phase 1 inviting them to submit

Phase 2 technical and price proposals for consideration. The amendment will request additional information needed to complete the submission of Phase 2 proposals. The following evaluation criteria will be included in Phase 2 Selection Procedures:

Evaluation Factor 4: Key Personnel Evaluation Factor 5: Technical Approach for the Sample Project Cost / Price Proposal for the Sample Project

6. INQUIRIES/QUESTIONS

Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet. Please refer to Section 00 21 00 of this solicitation for Bidder Inquiry instructions.

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

7. CONTRACTOR TEAM ARRANGEMENTS

7.1. CONTRACTOR TEAM ARRANGMENT OTHER THAN JOINT VENTURE

PHASE 1 Requirements:

All Offerors proposing a team arrangement other than a Joint Venture, shall submit the following information in Phase 1:

a. Provide a listing of the team arrangement members’ corporate name (no abbreviations), address, point of contact, phone number, DUNS Number, and Cage Code.

b. Indicate to what extent the members of this team arrangement have worked together in the past, including identifications of magnitude and complexity of projects worked on.

c. Submit a copy of the signed team arrangement agreement or binding letter of commitment between each team member. All team arrangement agreements and letters of commitment shall:

(1) clearly identify the expected relationship, role and responsibility between the firms, prime contractor, and of the subcontractor or other entity (type and proportion of work to be performed);

and

(2) shall be signed by the appropriate individual(s) of each firm.

7.2. JOINT VENTURE TEAM ARRANGMENT

No contract may be awarded to a Joint Venture that is not registered in the System for Award Management (SAM) database. The joint venture must have its own Data Universal Numbering System (DUNS) number and register as such. An 8(a) joint venture agreement must be received by Small Business Administration (SBA) prior to the Phase 1 proposal due date and approved before award of any resulting contract.

PHASE 1 Requirements:

a. In the cover letter of your proposal, provide the complete names, addresses, and phone numbers of the firms comprising the joint venture.

b. A copy of the Joint Venture agreement.

c. Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD (pages 00 10 00- 1 and 00 10 00-2), Block 20 requires that the name and title of a person authorized to sign the offer for the joint venture be provided. In the case of a joint venture, subject Standard Form shall be signed by the principal representative of the joint venture (or the alternate principal representative, if the principal representative is unavailable).

d. Indicate to what extent the members of the joint venture have worked together in the past, including identifications of magnitude and complexity of projects worked on.

e. In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, the Offeror shall submit a certificate signed by each participant in the joint venture containing the following statement:

“The parties hereto expressly understand and agree as follows:

1. (name, title, and company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the joint venture. These individuals have authority to sign on behalf of the joint venture.

2. Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the joint venture.”

NOTE: Provide telephone numbers and email addresses for the points of contact listed in the above statement.

f. 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.

g. If one of the Joint Venture parties possesses Prime Contractor or Joint Venture experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past experience will be included as the experience and/or past experience of the Joint Venture.

PHASE 2 Requirements:

Joint Ventures shall submit the following additional documentation regarding their business entities during Phase 2:

a. For 8(a) Joint Venture agreements, a certified copy of the Joint Venture agreement. This agreement must be certified by SBA before award of any resulting contract.

b. A detailed statement outlining the following in terms of percentages, where appropriate, shall be submitted during Phase 2 of the two phase selection procedures.

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

2. 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.

3. 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.

4. Joint Ventures shall also state who will have custody and control of the assets of the Joint Venture and perform the duties necessary to complete the work. Identification of party maintaining the Joint Venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the Joint Venture.

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

7.3. INTEGRITY AND VALIDITY OF CONTRACTOR TEAM ARRANGEMENTS

The Contracting Officer will recognize the integrity and validity of contractor team arrangements; provided that the arrangements are identified and company relationships are fully disclosed and validation of formal agreements and relationships (i.e., Mentor-Protégé agreements, joint ventures, partnerships, etc.) are provided in the offer and submitted with the proposal responding to the solicitation. Nothing in the solicitation authorizes contractor team arrangements in violation of antitrust statutes or limits the Government’s rights to:

a. Require consent to subcontracts (see FAR Subpart 44.2);

b. Determine, on the basis…