Draft RFP W9128F21R0007 Final Draft.pdf

RAPID DISASTER INFRSTRUCTURE (RDI) RESPONSE CONSTRUCTION CONTRACT

INDEFINITE DELIVERY/INDEFINITE QUANTITIY MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) COVERING THE CONTIGUOUS UNITED STATES (CONUS), ALASKA, HAWAII AND OUTLYING AREAS AS DEFINED BY FEDERAL ACQUISITION REGULATIONS (FAR) PART 2.

RETURN WITH OFFER: INFORMATION REQUIRED BY SF1442, SECTION 00 22 00, SECTION 00 45 00, AND OTHER REQUIRED INFORMATION, AS APPLICABLE.

OTHER BONDING INFORMATION: SEE GENERAL CONDITIONS (CONTRACT CLAUSES) CLAUSE "PERFORMANCE AND PAYMENT BONDS".

BONDING MAY BE REQUIRED FOR SPECIFIC TASK ORDERS.

"BLOCK 13A._REFER TO SECTION 00 22 00 FOR PROPOSAL SUBMISSION REQUIREMENTS.

GLENDA A CANTY 402-995-2059

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

16-Nov-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 X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 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:

W9128F21R0007 115

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

W9128F21R0007

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 990,000 Job Base Period - HUBZONE RDI #2 MATOC

FFP

Base Period - Hubzone Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one (1) three (3) year option, with possible 6 month extension.

FOB: Destination

PSC CD: Z2JZ

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 98,010,000 Job Base Period - HUBZONE RDI #2 MATOC CPFF

CPFF

Base Period - Hubzone ndefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one (1) three (3) year option, with possible 6 month extension.. FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job OPTION Option Period - HUBZONE RDI #2 MATOC

FFP

Option Period - Hubzone Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one (1) three (3) year option, with possible 6 month extension. FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0004 1 Job OPTION Option Period - HUBZONE RDI #2 CPFF

CPFF

Option Period - Hubzone Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one (1) three (3) year option, with possible 6 month extension.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Job OPTION 6 Month Option to Extend Services - HUBZ

FFP

6 Month Option to Extend Services - Hubzone Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one

(1) three (3) year option, with possible 6 month extension.

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Job OPTION 6 Month Option to Extend Services - CPFF

CPFF

6 Month Option to Extend Services - Hubzone Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC). The shared contract capacity of the MATOC is $99 million for an ordering period of eight (8) years: five (5) base year and one

(1) three (3) year option, with possible 6 month extension.

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

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

(End of clause)

CONTRACT RATE PRICING SCHEDULE

Section 00 10 00

CONTRACT RATE PRICING

SCHEDULE

1. Firm Fixed Pricing Task Orders

1.1 Binding Capped Hourly Labor Rates

The binding capped labor rates for this contract shall be provided by the Offeror in Table 1. The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table 1, “Binding Labor Rates.”

TABLE 1: Binding Labor Rates

Labor Discipline

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (6

M on th

E xt en si on

Accounting Manager (Home Office)

Program Manager/ Construction Operations Manager

Corporate Quality Control Manager

Corporate Safety and Health Manager

Procurement Specialist (Home Office)

Response Manager/Project Manager (Home

Engineer (Home

Accounting/ Financial Analyst (Field Office)

Onsite Project Cost Tracker (Field

Site Superintendent

Quality Control Specialist/CQC System Manager

Site Safety and Health Officer (Field

1.1.1 The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of profit.

1.1.2 Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

1.1.3 The Offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column. For example, “CADD Operator (SUB)”.

The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

1.1.4 The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

1.1.5 The capped hourly, fully burdened labor rates shall include all applied direct and indirect costs, e.g., direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any other applied indirect costs, but shall not include profit.

1.1.6 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

1.1.7 If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

1.1.8 The applicable capped labor 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 issued on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 will apply.

1.1.9 The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations and/or Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the RTOP.

1.1.10 Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted.

1.2 Firm-Fixed Price Escalation and Maximum Profit

1.2.1 The escalation rate applied to years 2 through 8 shall be provided by the Offeror in Table 2:

Table 2: Escalation Rate

Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table 3, “Maximum Profit.” The maximum profit shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

1.2.2 The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

1.2.3 The maximum profit on this contract shall be provided by the Offeror in Table 3:

Table 3: Maximum Profit

2. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursement task orders (i.e., an adequate cost accounting system for determining costs applicable to the contract order and acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency DCAA Audit prior to or after contract award.

Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

2.1 Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Cost Accounting Standards (CAS) [large business firms only] and Generally Accepted Accounting Principles (GAAP).

2.2 Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order. In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition Regulations 15.404-4.

2.2.1 The maximum Fixed Fee shall be provided by the Offeror in Table 4, Maximum Fixed Fee, and is binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

Table 4: Maximum Fixed Fee

3. Binding Capped Rates for Firm Fixed and Cost Reimbursable Task Orders

The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable contracts and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

3.1 The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the duration of the contract. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Binding Capped Rates for OH, G&A and other indirect rates. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order.

3.2 The Binding Capped Rates for this contract shall be provided by the Offeror in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications, unless adjusted in accordance with paragraph 3.1.

4. Department of Labor Wage Rates

Table 5: Binding Capped Rates

Overhead Rate

G&A Rate

If Applicable: Other Indirect Applied Rates (Specifically identify rate and reason for rate below)

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

5. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

9/20

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 Historically Underutilized Business Zone (HUBZone) contractor at beta.sam.gov.

1.2 SUBMISSION DEADLINE

Offers shall be submitted as stated and by the time and date as specified in SF 1442, block 13.

(Submit proposals in accordance with instructions found in Section 00 22 00)

ELECTRONIC DELIVERY TO:

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

See Section 00 22 00 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.

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 has been processed by our technical team.

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

The Solicitation Number is: W9128F-21-R-0007

The Bidder Inquiry Key is: 9G7VPZ-YGUQ98

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 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, beta.SAM has these features available (https://beta.SAM.gov/). For this solicitation, go to https://beta.SAM.gov/ and register as a vendor or enter username and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the "Add me to Interested Vendors" for the solicitation.

1.7 GENERAL DESCRIPTION OF WORK

EVALUATION) 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).

1.8 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

EVALUATION).

1.9 SOURCE SELECTION EVALUATION BOARD (SSEB)

The Source Selection Authority (SSA) has established a Source Selection Evaluation Board (SSEB) to conduct an evaluation of each proposal received in response to this Solicitation. The evaluation will be based the source selection criteria identified in Section 00 22 00. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Document --

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

APR 2008

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I

OCT 1997

52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a a Multiple Award Contract, consisting of both Firm-Fixed Price and Cost- Plus-Fixed-Fee Task Orders, resulting from this solicitation

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Omaha District ATTN: CENWO-CT Glenda Canty, Contracting Officer 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.

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 are scheduled per Task Order.

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

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

http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None at this time.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 22 00 - Supplementary Instructions

00 22 00

SECTION 00 22 00

SUPPLEMENTARY INSTRUCTIONS (SUBMISSION REQUIREMENTS AND EVALUATION)

1. CONTRACT INFORMATION

1.1. INDEFINITE DELIVERY TYPE CONTRACTS

The Government intends to issue a Historically Underutilized Business Zone (HUBZone) solicitation and award a Multiple Award Task Order Contract (MATOC) for shared capacity of $99M to a target of four (4) contractors.

Individual Task Orders will be solicited and competed within the MATOC pool. Task Orders within the MATOC may be Cost-Plus-Fixed-Fee (CPFF) or Firm Fixed Price (FFP) task orders, depending upon project risk.

The total ordering period for this MATOC is eight (8) years from contract. The base will be five (5) years and there will be one (1) option period of three (3) years. The Government’s decision to exercise an option will be contingent upon satisfactory contractor past performance and an informal survey of current market conditions. The decision to exercise the option is at the discretion of the Government. The minimum guarantee amounts for this MATOC (to include all option periods) are $2,500.00.

1.2. TYPES OF PROJECTS

Projects will vary in size, complexity, and location, and will require a high degree of flexibility and adaptability on the part of the contractor to respond quickly and effectively. All work will be time-sensitive in nature, necessitating an expedited response to mitigate threat to life and property and/or operational impacts to the Government.

Work contemplated under this MATOC may include such missions as:

Security and Defense Mission Support.

Support to USACE Protective Design Center of Expertise (USACE-PDC) and other federal agencies for time sensitive construction response actions in support of Security and Defense initiatives.

Support to the Department of Homeland Security (DHS).

The DHS mission is to secure our homeland by leading a unified national effort to protect America. The DHS prevents and deters terrorist attacks and protects against and responds to threats and hazards to the nation.

Homeland security includes, but is not limited to, protection of transportation systems, disruption of threats to installations, protection of critical infrastructure and key assets, positioning of resources to be ready for defense, and activities to ensure health and safety of the United States of America and its citizens.

Disaster Support Response.

Disaster Support Responses provide time-sensitive construction/rehabilitation/flood risk reduction support. Projects may include, but are not limited to, roads (primary, secondary and short-term temporary fixes), bridges, irrigation systems, coastal and marine resource management and development, dams and other water related structures, electric distribution systems, water and sanitation systems schools, clinics or hospitals, emergency power and other civil engineering works.

In addition, under USACE responsibilities to the Federal Emergency Management Agency (FEMA), this RDI MATOC may be used to provide USACE Mission Support through the local Major Subordinate Commands (MSCs) or the District Commander to address debris removal and/or unwatering activities, provided the requested services are within the scope of the contract.

Infrastructure Construction Support.

This RDI MATOC may support various time critical infrastructure construction repair/rehabilitation projects with the most prevalent being rehabilitation of levee systems. However, infrastructure construction support may include work on other essential infrastructure facilities, such as: roads, bridges, dams, utility systems (power, water, sewer, telephone, telecommunications) railways, subways, airports, and harbors, which are publicly owned, regulated or maintained by the government. This includes work on buildings, structures or other real property, when necessary to support a larger infrastructure mission assignment.

NOTE: Each Task Order Request for Proposal (RFP) will identify when the contractor must mobilize.

Emergency recovery actions may require mobilization within 24 hours of task order award. Projects may require incidental design and/or ecological/environmental, hazardous waste recovery, and munitions work.

1.3. PROJECT LOCATIONS

Projects may occur anywhere in the United States (U.S.) under the resulting MATOC. “United States” is defined as all 50 states, the District of Columbia, and outlying areas as defined by Federal Acquisition Regulations (FAR)

2.101. The Offeror shall be prepared to respond to any location within the U.S., as defined above.

2. WHO MAY SUBMIT

This solicitation is open to only HUBZone participation.

All Offerors must be registered in the System for Award Management (SAM) in the same manner as they are proposing for this solicitation.

The Primary North American Industry Classification System (NAICS) code for this solicitation is 236220, with a size standard for small business of $39.5 million dollars.

Proposals submitted must be sufficiently detailed to allow for an effective and equitable evaluation by the Government. There will be no public proposal opening. Proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, electronic copies will be retained for the official paperless contract file. All other copies will be destroyed or forwarded to the Field and Areas Offices in support of their contract administration functions.

3. PROPOSAL SUBMISSION

3.1. 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.

Volume I: W9128F21R0007,Technical Proposal, Factors 1-5 Volume II: W9128F21R0007, Required Documents

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.

3.2. 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).

4. PROPOSAL REQUIREMENTS AND FORMAT

4.1. PROPOSAL FORMAT

1. Submit the following two files, titled in the format shown below:

a. W9128F21R0007_COMPANY NAME _VOLUME_I_FACTORS_1-5

b. W9128F21R0007_COMPANY NAME _VOLUME_II_REQUIRED_DOCS

2. Proposal Characteristics

a) VOLUME I, FACTORS 1-5 (File #1)

1) Contents of this file shall be arranged in the following sequence:

Table of Contents FACTOR 1: Previous Experience FACTOR 2: Past Performance FACTOR 3: Organizational Structure FACTOR 4: Key Personnel FACTOR 5: Technical Approach to Sample Project

2) Page limitations for Factors 1-5 are shown in Table 1, below:

Table 1 - Proposal Format -- Volume I: Technical Proposal and Past Performance

EVALUATION

FACTOR

TITLE

PAGE

LIMITATION

1 Previous Experience 12 2 Past Performance No page limitation 3 Organizational Structure

15 (exceptions are noted in paragraph

4, below) 4 Key Personnel 6

5 Technical Approach to the Sample Project 15

3) All text shall be at least 10 pt. font and easily read. All text shall be typed and single-spaced and each page shall be 8-1/2 by 11 inches.

4) The following items are excluded from the Factor 3-page count:

a. A letter from DCAA approving the Offerors purchasing system would be excluded, as described in Factor 3

b. The Offeror’s organizational chart can be 11x17 inches but is included in the page limitations as one (1) page, as described in Factor 3.

5) Each page should contain the following information in the top and bottom margin. Exact placement (center, off-center, left, right, etc.) and sequence of presentation is at the discretion of the Offeror.

a. Page number. Pages for each factor should be separately and sequentially numbered (i.e., the first page submitted for evaluation of each factor should be “Page 1”). This includes all pages for Factor 4; while there is no page limitation for Factor 4, the page numbers are needed by the Government for reference during the selection process.

b. Factor number and title. For example, “Factor 1 – Previous Experience.”

c. Solicitation Number

d. Company name of Offeror and (at the Offeror’s discretion) the company logo

e. Disclosure information can be placed in the bottom margin.

6) Top, left, right, and bottom margins should be no less than 1”. No information should be included in any margin, except as required in Paragraph 5, above. Past Performance evaluations are exempt from this requirement.

7) For Factors 2, 3, and 5, pages that exceed the page limitations for any factor will not be reviewed and the information contained on those pages will not be considered for evaluation. Note that including required information on a page that exceeds any of these limitations, and which is therefore not reviewed, may cause a Factor to be rated as Deficient.

8) Information contained within margins, other than what is required by the Government, will not be reviewed. Page limitations are per factor, i.e., an Offeror may not reduce the page count for one factor in order to submit additional pages for another factor.

b) VOLUME II, REQUIRED DOCUMENTS (File #2)

1) Submit the following items in the sequence listed below:

Cover Letter (not to exceed two (2) pages) Table of Contents Completed SF 1442 Completed SF 30 or acknowledgement of amendment(s) on SF 1442 (if applicable) Contractor Team Arrangement Requirements (if applicable)

2) Component requirements:

(a) Cover Letter: The cover letter shall contain:

Solicitation number

Name, title, 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 (primary and alternate).

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 code, DUNS number and Tax Identification Number (TIN)

(b) Table of Contents: The table of contents should include all section headings and subheadings: worded exactly as they appear in the proposal.

(c) SF 1442: The SF 1442 shall be completed and signed by a person authorized by the Offeror.

(d) Completed SF 30: Offerors shall submit acknowledgement of all amendments to the

RFP in accordance with the instructions on the Standard Form 30 (amendment form).

(e) Contractor Team Arrangement Requirements: For Contractor Team Arrangements, including Joint Ventures, submit the information required by Paragraph 6 “Contractor Team Arrangements”.

Page limitations for Volume II are shown in Table 2, below:

Table 2 - Proposal Format -- Volume II: Cost Information and Representations, Certifications, and Other Statements to Offerors

VOLUME II DESCRIPTION

PAGE

LIMIT

Tab 1 SF 1442 - Solicitation, Offer, and Award, SF30 N/A

Tab 2 Section 00 10 00 – Pricing (Fully Burdened Labor Rates - FFP) N/A

Tab 3 Representations, Certifications and Other Statements of Offerors N/A

Tab 4 Cost/Price Proposal for the Sample Project 20

Tab 5 Audit/Cost Accounting System Information N/A

Tab 6 Contractor Team Arrangements (if applicable) N/A

Tab 7 Company Bonding Letter N/A

5. 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, i.e., each query should have a unique corresponding ProjNet bidder inquiry number assigned. All inquiries containing multiple questions shall be rejected.

The Offeror is permitted to submit multiple inquiries.***

6. CONTRACTOR TEAM ARRANGEMENTS

6.1. CONTRACTOR TEAM ARRANGMENTS OTHER THAN JOINT VENTURE/ MENTOR-PROTÉGÉ

Requirements:

All Offerors proposing a team arrangement other than a Joint Venture/Mentor-Protégé, shall submit the following information:

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

b. 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) Be signed by the appropriate individual(s) of each firm.

6.2. JOINT VENTURE TEAM ARRANGEMENTS (INCLUDING MENTOR-PROTÉGÉS)

No contract may be awarded to a Joint Venture/Mentor-Protégé that is not registered in the System for Award Management (SAM) database. The Joint Venture/Mentor-Protégé must have its own registered Data Universal Numbering System (DUNS) number. Any Joint Venture/Mentor-Protégé agreement that is required to be approved by the Small Business Administration (SBA) shall be approved in accordance to the applicable Code of Federal Regulations (CFR).