FA4620-19-R-A001_Atch_12_-_Section_L.pdf

FA4620-19-R-A001

Attachment 12

Section L - Instructions, Conditions, and Notices to Offerors or Respondents

PROVISIONS INCORPORATED BY REFERENCE:

52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2018) 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (Apr 1991) 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (Apr 1991)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION (Oct 1997)

PROVISIONS INCORPORATED BY FULL TEXT:

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to four (4) Indefinite Delivery, Indefinite Quantity (IDIQ) contracts and up to four (4) Fixed Price Task Orders to meet the minimum contract guarantee resulting from this solicitation.

(End of Provision)

52.216-27 SINGLE OR MULTIPLE AWARDS (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

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

(May 2014) (a)

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

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

(b)

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

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

52.233-2 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 the solicitation issuing office. (See SF1442, Issuing Office – Page 1 of this solicitation)

(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) WITH ALTERNATE 1 (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) An organized site visit has been scheduled for – 14 May 19, 9:00am (PDT)

(c) Participants will meet at --

92D CONTRACTING SQUADRON

110 WEST ENT STREET

FAIRCHILD AFB, WA 99011

The contractor’s pertinent information must be provided 5 days in advance to the point of contact listed below in Paragraph (d) in order to ensure access to the military base/conference site and adequate seating for the conference attendees. See Section I, AFFARS 5352.242-9000 for information. Fairchild AFB complies with HR 1268 REAL ID Act. Identification (Including driver’s licenses) from states failing to comply with the REAL ID act will not be accepted for access to Fairchild AFB. Alternate forms of identification have been approved for access in Attachment 10 “FAFB Real ID Act Pamphlet” of the solicitation.

(d) Points of contact are as follows.

FOR QUESTIONS AND SITE VISIT ACCESS:

- David Kovalchuk, 92 CONS/PKB, (509) 247-4869, email david.kovalchuk@us.af.mil

- Paul Blais, 92 CONS/PKB, (509) 247-4864, email paul.blais@us.af.mil

- Richard Hedrick, 92 CONS/PKB, (509) 247-4867, email richard.hedrick.2@us.af.mil

(e) Offerors are requested to submit questions to the points of contact specified in Paragraph (d) above not later than 11:00 am (PDT) on 22 May 2019. Information provided at this conference shall not qualify the terms/conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(f) A record of the conference shall be made and furnished to all prospective offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

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

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

https://acquisition.gov/

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 Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR

Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

1.0 GENERAL PROPOSAL PREPARATION INSTRUCTIONS

1.1 Offerors are required to meet all solicitation requirements, such as terms and conditions, and representations and certifications in addition to those identified as evaluation criteria. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

1.2 This is an all-electronic solicitation release. Hard copies are not available. The Government will post amendments to the solicitation to the Electronic Posting System (EPS) at http://fbo.gov/. It is the responsibility of each offeror to review the web page for notice of amendments, updates or changes to current information.

1.3 Pre-Proposal Conference: A pre-proposal conference will be held on 14 May 2019, 9:00am (PDT). All prospective offerors are highly encouraged to attend this conference. In order to make the conference as productive as possible, offerors should submit any questions they may have in writing one (1) week before the conference to david.kovalchuk@us.af.mil, paul.blais@us.af.miland richard.hedrick.2@us.af.mil, or by facsimile at 509-247-8685.

The submission of written questions will not preclude anyone from posing questions during the conference. Failure of a prospective offeror to submit any questions or attend the conference will be construed to mean that the prospective offeror fully understands all requirements of the solicitation. Prospective offerors are advised that the pre-proposal conference will be held solely for the purpose of explaining the concepts involved in the project and the specifications, terms, and conditions of this solicitation. All prospective offerors are advised that this solicitation will remain unchanged unless it is specifically amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as described in contract clause 52.215-1, Instructions to Offerors- Competitive Acquisition, of this RFP shall apply.

Notice to Offerors: Offerors are encouraged to submit all questions and requests for clarifications no less than ten

(10) days prior to the RFP closing date. The decision whether to respond to questions and requests for clarification made less than ten (10) days prior to the RFP closing shall be at the sole discretion of the contracting officer.

1.4 Joint Venture Offerors: If the offeror is a joint venture, the offeror shall provide all required solicitation information for all parties including a copy of the joint venture agreement with proposal. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the joint venture. The 8(a) joint venture must be approved by the Small Business Administration (SBA), prior to award.

Joint venture agreements must be received by the Small Business Administration (SBA) prior to proposal due date and approved before award of a resulting contract. If a joint venture is contemplated, then the assigned SBA Business Opportunity Specialist (BOS) must be advised as soon as possible. Ensure the agreement is submitted in sufficient advance to the BOS to permit adequate time for a regulatory compliance review. Any corrections and/or changes requested must permit adequate review time by the BOS before the proposal due date. No corrections and/or changes are permitted after the time for submission of offers.

1.5 Teaming/Partnering Offerors: If the offer is based on a teaming/partnering relationship, the offeror shall provide all required solicitation information for all parties including a copy of the teaming/partnership agreement. The agreement shall include information, which identifies the responsibilities for each entity under this contract. The agreement shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind each entity of the teaming/partnering relationship.

1.6 Mentor-Protégé Program Offerors:

For information regarding the Small Business Administration’s (SBA) Mentor-Protégé Program see:

http://www.sba.gov/ and CFR Title 13, Chapter 1, Part 121 and 125.

For information regarding the Department of Defense (DoD) Funded Mentor Protégé Program see:

http://www.acq.osd.mil/.

1.7 Incurred Expenses: The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

1.8 In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals and will destroy all extra copies. No destruction certificate will be provided.

1.9 All proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Any commitments made in the proposal shall become a part of the resultant contract. In no case shall words like "we will comply with the requirements of the contract," or equivalent statements, be acceptable to meet the requirements of this RFP. Failure to comply with these instructions may result in the Government summarily rejecting the offeror's proposal.

1.10 The past performance proposal (Volume I) and price proposal (Volume II) shall include the documents required. The price proposal must be based on the offeror's own proposal for the seed project and the Government's specifications as set forth herein. The Government will evaluate the price proposal in accordance with Section M.

Offerors shall submit two (2) electronic copies (CD/DVD) of Volume I and Volume II. Each electronic copy will contain both Volume I and Volume II. Complete Proposals are due no later than 31 May 2019 2:00 PM (PDT).

Volume Submission Requirements Copies Page Limit Volume I Past Performance

2 Electronic (CD/DVD) 30 Max

Volume II Price and Contract Forms

2 Electronic (CD/DVD) Unlimited

Submit to address shown below--

92 CONS/PKB

ATTENTION: David Kovalchuk 110 West Ent Street Fairchild AFB, WA 99011-8568

1.11 The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Therefore, only a limited amount of pricing information is required in the initial proposals. Upon examination of the initial proposals (offers), the contracting officer will review this determination. If, in the contracting officer's opinion, there is adequate price competition, no additional price information, except for final proposal revisions, if requested by the Contracting Officer, will be elicited and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that none of the exceptions in FAR 15.403-1(b) applies, offerors may be required to prepare, submit, and certify cost or pricing data in accordance with FAR 15.403-4.

1.12 Submitted materials will be fully responsive to and consistent with the following:

Requirements of the RFP, MATOC Specifications, Seed Project SOW, and CLINs contained therein;

Government standards and regulations pertaining to the Seed Project SOW; and Evaluation criteria for award in Section M of this RFP.

No material shall be incorporated by reference or reiteration of the RFP. Any such material will not be considered for evaluation. Materials shall be presented in a manner which allows it to stand-alone without need for evaluators to reference other documents.

Format of the proposal volumes shall be as follows:

- All typing (including that on charts, graphs, and tables, etc.) shall be no smaller than 12 pitch.

- Two columns of text per page are acceptable.

- Elaborate format and color representations are not desirable.

Past Performance shall be limited to 30 pages.

The price proposal is not limited as to the number of pages.

Page limit includes: All appendices, charts, graphs, diagrams, tables, photographs, drawings, etc. The covers for each volume, tables of contents, indices, title pages, cross reference indices, and section dividers/tales will not be included in the page count if they are inserted solely for the reader’s ease in locating parts/sections of the proposal. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.

Cross-references should be utilized to preclude unnecessary duplication of data between sections.

2.0 SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS:

2.1 VOLUME 1 PAST PERFORMANCE

(Past Performance Volume is due by 31 May 2019 2:00 PM (PDT)

2.1.1 Contents of Past Performance Volume

The offeror shall submit a Past and Present Performance Volume containing the following:

Table of Contents Summary Page describing the role of the offeror, teaming partner, and /or joint venture partner that the offeror is required to provide Past Performance Information Sheets on in accordance with paragraph

2.2.2 below.

Past Performance Information Sheets completed in accordance with Attachment 9, in Section J, “Attachments.” Past Performance Information and Past/Performance Questionnaire—See paragraph

2.2.6. below.

Organization Structure Change History—See paragraph 2.2.5 below.

2.2.2 Past Performance Information Sheets: Submit information on contracts you consider most relevant in demonstrating your ability to perform the proposed effort. Each relevant contract shall have been performed during the past three years from the date of issuance of this solicitation. The offeror shall submit up to five (5) Past Performance Information packages (using Attachment 2) identifying active or completed contracts, either Government or commercial, for each prime, teaming partner, and/or joint venture partner (within the same division or cost center).

The offeror shall provide experience data for itself and for any proposed division, or teaming contractor or partner or key personnel whose effort on this contract will significantly influence performance of the proposed construction and/or design-build effort. Offerors are cautioned that the Government will use data provided by each offeror in this volume and data obtained from other sources in the evaluation of past and present performance.

2.2.3 Relevant Contracts: Past Performance Information sheets referenced in 2.2.2 above shall include information on contracts that you consider relevant as defined in Table 4 of DoD Source Selection Procedures in demonstrating your ability to perform under the multiple award task order construction contract program. Provide data for up to five relevant contracts held within the last three years for each entity the offeror wants the Government to consider. Performance Information Sheets for each contract is limited to three (3) pages. Include rationale supporting your assertion of relevance. Note that the Government will not consider performance on an effort that concluded more than three years prior to the issuance date of this solicitation. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate.

Relevant past performance information must demonstrate design/build construction experience with multiple projects, such as new construction, renovation, alteration and repair, with associated architectural and engineering work, with multiple disciplines, such as airfield, pavement, renovation, repair, additions/upgrades, along with specific work in heating, ventilation and air conditioning (HVAC), electrical, mechanical and other major trades. Projects shall be similar in size, scope, and complexity as those anticipated under this contract, i.e., having a project values of $200K and above, and include projects with the Federal Government, state and local government agencies, and commercial customers. A “Design-build” project is defined as a single contract that requires the prime contractor to engage architectural, engineering services and construction services to complete the project with the prime contractor being the single point of responsibility.

2.2.4 Past Performance Evaluation Questionnaires: The Government requests the offeror to send out Past Performance Evaluation Questionnaires to each of the Points of Contact (POCs) identified in the Past Performance Volume for the contracts the offeror provided past performance information on. In turn, the evaluating agencies shall submit the completed questionnaires to:

Via Mail:

92 CONS/PKB

ATTENTION: David Kovalchuk 110 West Ent Street Fairchild AFB WA 99011-8568

Or via Email: david.kovalchuk@us.af.mil and paul.blais@us.af.mil

Or via Fax: 509-247-8685, Attention: David Kovalchuk

Evaluators shall send questionnaires directly to the Government. No questionnaire submittals will be accepted from the offeror being evaluated. Ensure each questionnaire completed is in direct correlation to a past performance submission. Once the evaluator completes the questionnaires, the information shall be considered sensitive and shall not be released to the offeror. A cover letter for transmitting the questionnaire to each point of contact is provided in Attachment 3, in Section J. To allow the government ample time to survey references, offerors are encouraged to provide the requested information to the Contracting Office.

Past Performance Volume is due by 31 May 2019 2:00 PM (PDT).

2.2.5 Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide a Subcontractor/Teaming Partner Consent Form, Attachment 11, in Section J, from all subcontractors/teaming partners that will perform major or critical aspects of the requirement, consenting to release of their past performance information to the prime contractor.

2.2.6 History of Organizational Structure Change: Many companies have acquired, been acquired by, or otherwise merged with other companies, and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases, these changes have taken place during the time of performance of relevant present or past efforts or between conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to determine what past performance is relevant to this acquisition. To facilitate this relevancy determination, include in this proposal volume a "roadmap" describing all such changes in the organization of your company. As part of this explanation, show how these changes impact the relevance of any efforts you identify for past performance evaluation/performance confidence assessment. Since the Government intends to consider present and past performance information provided by other sources as well as that provided by the offeror(s), your "roadmap" should be both specifically applicable to the efforts you identify and general enough to apply to efforts on which the Government receives information from other sources.

2.3 VOLUME 2 PRICE AND CONTRACT FORMS

2.3.1 Price: Offerors have been provided a seed project price schedule on which to submit a price proposal for evaluation. The Government will evaluate the seed project price proposal to determine price fair and reasonable.

2.3.2 Bonds: Offeror shall provide proposal guarantee (bid bond) for the seed project as stated in Section C.

Additionally, a letter from an acceptable surety is required indicating bonding capacity of at least $10 million.

Failure to submit bond and the aforementioned surety letter may result in unfavorable proposal evaluation and/or removal from consideration.

2.3.3 Financial Resources: Offerors shall address a fiscal plan for covering phase-in, unexpected and/or emergency situations, and initial performance costs prior to recoupment in the form of progress payments. Offerors shall submit a financial capability letter from their financial institution. This letter will be used in the Contracting Officer’s determination of responsibility.

2.3.4 Contract Forms: Include the following data in this volume in the format indicated.

Section 1: Proposal forwarding letter, if any.

Section 2: A complete copy of this RFP (through Section M, less attachments) with the original signature of an official authorized to contractually bind the offeror in block 20B of the SF 1442. The offeror must complete the following sections within the RFP:

o Part I, Section A (SF 1442, Blocks 19-20C).

o Part I, Section B – Seed Project Price Schedule – Use Attachment 1A, Section J.

o Part I, Section G – Persons Authorized to Negotiate or Conduct Discussions o Part IV, Section K, Representations, Certifications, and other Statements of Offeror. Provisions 52.204-

8 (Dec 2018) & 252.204-7007 Alternate A (Jan 2018) will need to be submitted in the System for Award Management (SAM).

Section 3: Seed project Bid bond, and surety letter for $10 million capacity.

Section 4: Any information, excluding price, which does not properly belong within the other proposal volumes.