HSBP1010R00052 Phase1 RFP Easton _2_04-14-10.pdf

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PHASE ONE SOLICITATION RFP HSBP1010R0052

DESIGN-BUILD CONTRACT

THIS SOLICITATION IS SET ASIDE FOR TOTAL SMALL BUSINESS

LAND PORT OF ENTRY LOCATED AT Easton, ME

NAICS CODE: 236220

Issue Date:

April 14, 2010

Phase One Proposal Due Date:

3:00 PM (Eastern Daylight Time, EDT) April 30, 2010

Offers Shall be Addressed to:

Department of Homeland Security US Customs and Border Protection (CBP)

Attn: John Marschall 1717 H St. NW

Suite 800 Washington, D.C. 20006

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DEPARTMENT OF HOMELAND SECURITY

US Customs and Border Protection

Washington, D.C. 20006

DESIGN-BUILD OF A LAND PORT OF ENTRY (LPOE)

General Overview

US Customs and Border Protection (CBP) intends to award a Firm-Fixed-Price (FFP) Design-Build Contract for the Design and Construction of a new Land Port of Entry (LPOE) located at Easton, ME, pursuant to the Federal Acquisition Regulation (FAR) Two-Phase Design/Build Selection Procedures (FAR Subpart 36.3) and Contracting with the Small Business Administration (FAR Subpart 19.5). In accordance with FAR 36.3, CBP will issue two Solicitations in sequence: 1) Phase 1, and 2) Phase 2. The Phase 1 procedure is to determine which Offerors demonstrate the best past performance, technical qualifications, and technical approach as determined by Customs and Border Protection.

GENERAL SCOPE OF WORK

The Contractor shall design and build a new CBP Land Port of Entry (LPOE) facility.

The base design provided to the contractor by the Government will be approximately 35% complete for a facility somewhere in the range of 7,500 to 10,000 square feet. The proposed site layout, drawings, and other technical documentation will only be provided to those Offerors selected for the Phase 2 competition. As part of the Design/Build requirement, the Prime contractor must provide all necessary civil engineering site work to include: construction of all port and support facilities, site utilities, roadways (including parking areas) and the infrastructure for the buildings to be constructed. In addition to the Design/Build of a new LPOE, the contractor may be responsible for demolition and/or integrating historical sites into the new project infrastructure. The contractor must provide the means and methods necessary to demolish and remove existing building and facilities, and relocate all necessary utilities to keep the LPOE 100% operational during a “phased” construction turnover. Finally, the contractor shall be responsible for reviewing and understanding any and all applicable codes, environmental and cultural issues or concerns and provide a means to mitigate the impact of such issues.

CBP is requesting Phase 1 Proposals only. The Phase 1 Solicitation provides Offerors with instructions regarding the submission of the Phase 1 proposals and the Government’s strategy for evaluation of those proposals. Offerors shall provide the requested information and demonstrate their capabilities using the format prescribed herein. Responses shall be as complete and accurate as possible and present data relative to the specific project under consideration. It is the Government’s intent to make the determination of the “Most Highly Qualified Offerors” during Phase 1 without opening discussions with the Offerors. As such, Offerors are cautioned to ensure that the Phase 1 proposal presents all required information clearly and concisely in accordance with the formats described herein.

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This solicitation will consist of the following sections:

1. Background Information, Project Description and Offeror Requirements;

2. Project Schedule;

3. Proposal Content and Format Instructions;

4. Evaluation Factors;

5. Points of Contact;

6. Proposal Due Date;

7. Conflicts of Interest;

8. Notification of Phase One Qualification and Selection;

9. Summary of the Phase Two Solicitation Process; and,

10. Access to the Federal Acquisition Regulation

11. Listing of Attachments.

1. Background Information, Project Description and Offeror Requirements:

a. The purpose of this Phase 1 Solicitation is to solicit proposals from Offerors for evaluation by CBP to determine which Offerors demonstrate the best past performance, technical qualifications and technical approach. The design-build scope of work includes all architectural, engineering, demolition of existing facilities, construction and other related services necessary to provide a new LPOE.

b. Plans and specifications will be provided to the Contractor by the Government that are a minimum of 35% complete with the Phase 2 solicitation package and will be made available only to those Offerors determined to be the Most Highly Qualified Offerors who will be invited to enter the Phase 2 competition.

c. In accordance with FAR 36.204, the estimated magnitude of this project is expected to be between $5,000,000.00 and $10,000,000.00.

d. The design of the architectural, structural, mechanical, electrical, civil or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers, to include the Architect/Engineer (A/E) of Record, registered to practice in the particular professional field involved in the State of Maine. Participation by architects, engineers, consultants, subcontractors and laborers located within the State of Maine is strongly encouraged.

e. In addition to the total set-aside for Small Business, subcontractor and supplier participation by other Small, Small-Disadvantaged Businesses, HUBZone Small Businesses, Woman-Owned Small Businesses, Veteran- Owned Small Businesses and Service Disabled Veteran Owned Small Businesses are highly encouraged. Moreover, hiring local labor is also highly encouraged.

f. All responsible Small Businesses that submit a correct, complete and responsive proposal will be considered.

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g. Funds for this project are provided by the American Recovery and Reinvestment Act (ARRA) and special terms and conditions will be included in any contract that results from this competition. Offerors who do not accept the ARRA clauses, terms and conditions will not be eligible for award and will be removed from the competition.

2. Project Schedule

The award of the contract (Phase 2) for this project is anticipated to take place early September 2010. Construction completion and final acceptance are expected to occur within 730 calendar days after Notice to Proceed (NTP) for Design with a normal 40-hour performance work week. The Notice to Proceed (NTP) for Construction is expected to occur approximately 180 to 210 days after the NTP for Design. The contractor will not be permitted to access the site to begin demolition or construction tasks until after Government approval of the design and receipt of the NTP for Construction. Contacting current port facility operations, port facility personnel, possible land owners or adjacent land owners is strictly prohibited until contract award or unless specifically authorized by the Contracting Officer. Offerors who fail to adhere to this direction may be eliminated from the competition.

3. Proposal Content and Format Instructions:

a. Using the format prescribed below, Offerors shall provide the requested information in a brief and succinct manner ensuring that the information is presented clearly and concisely. Offerors shall address the requirements of the project consistent with the evaluation criteria described in this Phase 1 Solicitation. Adherence to the page count limitations is strictly required; pages in excess of the stated page count will be removed from the proposal prior to evaluation and not be counted or evaluated. No additional page requests will be accepted.

b. All information shall be submitted in English. Proposals that do not follow the format below, or include documentation that is difficult to read may be rejected as non-responsive and may result in Phase 1 disqualification or a lower Phase 1 evaluation rating.

c. Proposals shall be submitted in the following format: Pages shall be 8 ½ x 11 inch white paper, with simple lettered/numbered dividers, one for each section as directed below. Proposal text shall be in a standard font (Arial or Times Roman), a minimum of ten (10) points or a maximum of twelve (12) points in height, single spaced. Electronic copies to be provided with the proposal documents in Microsoft® Office 2003 format.

d. Offers must be delivered no later than the time and date specified to the address specified in the solicitation. Proposal submissions shall include one

(1) copy with original signatures in a three ring binder and four (4) copies with spiral type binding. The Offeror shall also provide a complete electronic copy of the proposal and all attachments on a Compact Disc (CD) which will be included with the hard copy proposal package. Additionally, each Offeror shall provide one complete electronic copy submitted via electronic mail (e-mail) to

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Should multiple e-mails be required for complete delivery of the electronic submission, Offerors are advised to clearly identify the messages as being part of a series of messages (i.e., message 1 of 4). Include in the electronic submission, proof of the hard copy mailing/shipping date a minimum of 24 hours prior to the due date to include shipping company, tracking number, date picked up and (if known) date delivered and the name of the individual who signed for the package. NOTE: All copies and e-mail submissions (to include multiple submissions), hard copy, CD and electronic copies of the proposal submission must be received by the time, date and location indicated in this solicitation; otherwise your proposal may be considered late. The Government will not be responsible for undeliverable packages or e-mails. All copies, to include original, hard copies, CD and electronic version shall contain the identical information. Information provided that is not identical may result in the rejection of the Offeror’s proposal.

e. The external cover of each Proposal (original and copies) shall be clearly identified with the Offeror’s name, be labeled “Proposal for Phase 1 Solicitation, HSBP1010R0052 for the Easton, ME LPOE, and state the time and date for receipt of Proposals. Each copy shall be identified on its cover as “Copy _X_of 4 Copies” or as the original. The information provided in the proposal shall be easily reproducible by normal black and white photocopying machines. Likewise, the e-mail(s) transmitting the electronic copies of proposals shall clearly show the solicitation number, site, and Offeror company name and complete mailing address and include Point of Contact (POC) information (name, telephone number, and email address). Offerors are required to include an alternate POC with the information provided.

f. All original proposal documents must all be signed in blue ink.

g. Information must be current and accurate for the firm, company or joint venture, including all proposed major/critical/key consultants, subcontractors or teaming partners for the specific office(s) identified which will have responsibility for performing the work.

h. An Offeror’s proposed Phase 1 Team, or major/key/critical firms, consultants or subcontractors and key personnel proposed in response to this Phase 1 Solicitation, shall remain fixed for the duration of the Phase 1 and Phase 2 solicitation and until contract award. Changes to the Offeror’s team at anytime during the Phase 1 or Phase 2 evaluation process may result in the elimination of the Offeror from further consideration. If extraordinary circumstances require a proposed change, the Offeror will notify the Contracting Officer (CO) in writing immediately and provide rationale for the proposed change. NOTE: Additional Past Performance information may be required from the Offeror and evaluated by the Government.

Under no circumstance will the Offerors Past Performance or Past Performance Risk Rating be improved; however, the Past Performance Rating could be lowered or the Past Performance Risk Rating could be raised, if warranted and evaluated as such.

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i. Offerors must be a firm or established joint venture with experience, individually or, as a member of a team, with experience successfully and satisfactorily completing project(s) of similar size and scope (not necessarily design/build LPOE experience).

j. The term “similar projects” is defined for evaluation purposes as a multi-purpose facility including a minimum of 6,000-10,000 gross square feet of office space (or more complex) and detention facilities, with facility security systems to include duress alarms, intrusion detection, and CCTV.

Residential, multi-housing, and warehouse projects are not considered similar. Examples (not considered to be all inclusive) of some other similar project types are: Other Land Ports of Entry; Detention Facilities; U.S. Border Patrol Stations; Local or County Jail facilities; Law enforcement facilities; and Toll Booth facilities with Administration buildings. Projects not included in the example of similar projects list must provide rationale and explanation as to why the Offeror believes it to be a similar project in terms of size, scope, and complexity.

k. All proposal development costs for both Phases 1 and 2 shall be borne by the

Offerors without reimbursement from the Government.

l. Phase 1 Proposals shall be submitted in the format as described in the following sub-paragraphs.

Sections I and II information shall be in a separate binder from the Past Performance, Technical Qualification and Technical Approach sections.

Section I – Cover Letter

Each proposal must include a one-page cover letter on the Offeror’s letterhead which includes the following:

1) Identify a single point of contact (POC) and alternate to include address, telephone number, fax numbers, and email address where CBP inquiries or notices should be directed; and,

2) An authorized representative of the Offeror organization shall sign the letter. If the Offeror is not yet a legal entity or is a joint venture, all major participants or joint venture members shall sign the letter.

Section II – Business Submission Requirements

Each item below must be addressed sequentially in Section II of the proposal.

1) The Prime contractor shall be currently registered at www.ccr.gov and qualified to perform work under the 236220 NAICS Code before the established date set for receipt of Phase 1 proposals.

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2) The Offeror must provide the total number of years the firm has been in business and provide how many years the firm has performed work under the NAICS code 236220.

3) All firms participating on the Offeror’s team must be registered at www.ccr.gov prior to the Phase 1 proposal due date. Additionally, for those teams competing as a Joint Venture (JV), the JV itself must be established with a formal partnering agreement in place, designation of the managing partner point of contact (POC), and registration in CCR with a valid DUNS number for the JV. (See also item 4 below.)

4) A valid DUNS Numbers is required to be provided for each member of the proposed team and for the JV, if proposing as a JV.

5) Joint Ventures (JV) must be clearly identified in the Phase 1 proposal.

Official joint ventures shall submit their signed and approved JV agreement to include any known expiration date. If officially approved by the Small Business Administration (SBA), a copy of that approval shall be attached. If the joint venture has not yet been officially approved, provide the date it was submitted to the SBA for approval, the current status, the SBA Office it was submitted to and the expected approval date. All approved and proposed joint ventures shall also submit financial statements for each partner’s last three full years of work effort. Provide the Joint Venture’s current CCR registration that is separate from and independent of the individual companies comprising the JV. As previously stated, all official joint venture members must provide individual CCR registration too, along with the name, phone number and e-mail address for the authorized JV signatory authorities.

6) Provide certification that your firm is qualified as a Total Small

Business. The small business size standard for this project is 236220.

7) Provide the size status of all of major subcontractors and major / key / critical team members and provide verification and consistency with the project’s small business size standard as indicated in Section II, 1 above for this project.

8) Provide the average (past three years) percentage of annual small business contract awards your company awarded for the following small business categories listed below:

Small Business;

Small-Disadvantaged Business;

HUBZone Small Business;

Woman-Owned Small Business;

Veteran-Owned Small Business; and, Service Disabled Veteran Owned Small Business.

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9) For the planned total LPOE contract performance, show a break-out by performance tasks and percentage of the total effort for each team member. Your proposal must be clear as to how much of the work is proposed to be performed by each of the team members and that the proposed performance is in compliance with the requirements set forth in FAR Clause 52.219-14, for this set-aside procurement.

10) Provide written proof of any/all Letters of Credit available for project execution.

11) Bonding: Offerors (whether a prime contractor or a JV) must have the capacity to obtain Performance and Payment bonding for 100% of the Firm-Fixed-Price (FFP) Design-Build Contract. A Bid/Guarantee Bond in the amount of 20% of the total proposed price will also be required by the Phase 2 solicitation along with the Offeror’s Phase 2 proposal submission. Bonding for Phase 2 must be issued in the name of the Prime Offeror or Joint Venture. Offerors will not be allowed to rely on a subcontractor/ partner/ team members to supply the bonding for the project, unless the subcontractor/ partner/ team member’s bonding company will guarantee the prime and includes the prime contractor’s name on the bonding submission. “Per FAR 28.201-1, an individual surety may be used only if the individual surety provides a security interest in assets listed as acceptable in FAR 28.203-2.” Irrevocable Letters of Credit backed by non-federally insured financial institutions are NOT considered acceptable forms of bonding. Offerors who fail to provide proof they can meet either of the bonding requirements required for the Phase 2 proposal, merely provide contingency statements, or other information that bonding will be determined once the Offeror has been selected for the Phase 2 portion of the competition, will be considered non-responsive and may result in elimination from the Phase 1 competition. NOTE: There is no actual bonding submission requirement for the Phase 1 solicitation other than as indicated in items a) and b) below.

a) Offerors must provide written proof from the bonding company or individual surety indicating the bonding capacity to meet or exceed the highest dollar range magnitude of the project in the Phase 1 proposal submission.

b) Offerors must provide written proof from the bonding company or individual surety indicating they possess the bonding to meet or exceed the 20% Bid or Guarantee Bond requirements with the Phase 1 submission.

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Section III – Past Performance Submission Requirements

The Offeror’s (including all major/key/critical subcontractors, consultants or teaming partners) Past Performance information shall not exceed twenty

(20) pages. Past Performance Questionnaire pages do not count toward the 20 page allocation. The Past Performance requirements will be divided into three (3) tabs: TAB 1 – Past Performance Questionnaire; TAB 2 – Selected Projects; and TAB 3 – Other Past Performance Information.

The individual tabs shall provide the information as shown in the following sub-paragraphs.

1) TAB 1 – Past Performance Questionnaires (Attachment 2)

a) Offerors shall submit a list of the five (5) most recent and/or currently ongoing contracts from the last five (5) years which are/were projects of similar size, scope and complexity as defined in Paragraph 3.j above. The projects selected should be those projects that best represent the Offerors’ capability to successfully perform the required project.

From that list of 5 projects/contracts, the Offeror shall select three (3) projects for which a customer reference will be provided to the Government. The Offeror shall provide a copy of the Past Performance Questionnaire at RFP Attachment 2 to the customer(s) who will complete the Questionnaire. Offerors should advise the customer to complete the Questionnaire and provide it back to the Offeror and include in Tab 1 of Section III of the proposal.

This requirement applies to the Offeror’s team members who will provide the design (Architecture & Engineering (A&E) firm) and the team member who will complete the actual construction (i.e., general or prime contractor) in order to establish the past performance for the construction and A&E contractors. However, prime contractors who intend to act only as the General Contractor (GC) with subcontractors completing the construction and A&E portions of the requirements must submit an additional three customer reference questionnaires to establish the past performance for the prime contractor. Clarification:

The minimum number of customer reference questionnaires that each Offeror (or team) must provide is six (6):

o Three Past Performance Questionnaires from the proposed Construction Firm; and, o Three (3) from the proposed Architect and

Engineering Firm.

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If the Offeror is a Construction Management Firm and only plans to manage the project, an additional three (3) Past Performance Questionnaires must be provided along with the Construction and A&E firms for a total of nine (9).

An Offeror may be eliminated from the competition, receive a lower past performance rating or a higher risk rating if the Government does not receive all Questionnaires as directed in Tab 1.

NOTE 1: Offerors will NOT be given any additional chances to provide the requested Past Performance Questionnaire information after the time and date established for receipt of Phase 1 proposals. Customs and Border Protection understands various agencies provide past performance information in different formats and some customers are reluctant to fill out additional Past Performance Questionnaires. While there may be some past performance questions in other Agency questionnaires that are similar to those in the CBP questionnaire, most questions are specific to CBP. As such, CBP requires that the CBP forms be completed to ensure equitable Past Performance evaluation of all Offerors. As stated below, the Government may use other forms and types of Past Performance information to supplement the information provided in the Past Performance Questionnaires.

The Government may contact other projects/references provided in TAB 1 to obtain additional Past Performance information.

NOTE 2: Offerors must ensure that the Past Performance Questionnaires are annotated with the name of the Prime Contractor or the Joint Venture in addition to the name of the firm being evaluated by the customer questionnaire if the two firms are different companies.

NOTE 3: Offerors without experience during the timeframes may submit customer completed Past Performance Questionnaires for projects outside of the stated timeframes or for projects that are not of similar size and complexity as defined in Paragraph 3.j., but are hereby advised that the Offeror’s Past Performance rating and Past Performance Risk rating may be affected negatively due to the lack of currency and/or similarity of the information.

b) Provide any additional information responsive to areas raised in the Past Performance Questionnaire for CBP review. Clarify in narrative format, an explanation of any problems, difficulties or other corrective actions which may be indicated in the completed Past Performance Questionnaire.

c) Submit any other information the Offeror believes is pertinent to evaluation of the Offeror’s past performance relating to the Past Performance Questionnaires.

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d) As permitted in FAR Section 15.305(a)(2)(iii), Offerors may provide past performance information relative to predecessor companies, key personnel (who may have prior experience with former employers, etc.) and for subcontractors who will play a major or critical role in the proposed project. In the event an Offeror provides this type of information in lieu of projects that the Offeror’s company or its team members performed, the Offeror should comply, to the greatest extent possible with the instructions above.

2) TAB 2 – Selected Projects

In addition to the customer Past Performance Questionnaires set out in the Subparagraph above (Tab 1), Offerors shall submit project descriptions and information for the three (3) most recent and/or currently ongoing projects/contracts from the last five (5) years which are similar in size, scope and complexity to the required design/build project and best represents the Offeror’s capability to successfully perform the required design/build project. Offerors without experience during the timeframes may submit information for projects outside of the stated timeframes, but should note that the Offerors Past Performance rating and Past Performance Risk rating may be affected negatively due to the lack of currency and/or similarity of the information. The three (3) projects submitted for Tab 2 shall be the same as those for which customers have provided Past Performance Questionnaires.

The minimum requirement that each Offeror or team must provide is three (3) projects from the proposed Construction Firm and three (3) from the proposed Architect and Engineering (A&E) Firm. If you are a Construction Management Firm and only plan to manage the project, an additional three (3) projects must be provided along with the Construction and A&E firms for a total of nine (9); otherwise six (6) are required. The Offeror shall segregate the discussion of the six (6) to nine (9) projects by contractor, company, or A&E firm, as appropriate.

Each project should include a cover page introducing each project as follows:

a) Project name and location;

b) Owner project manager’s name, address, phone number and fax number, and e-mail address;

c) Key project dates (Contract award date; Start/Notice to Proceed;

d) Original scheduled/contract completion date and completion date

– actual or estimated);

e) Original awarded price and actual/estimated final contract cost

(Include costs the Offeror was/will be responsible to pay.);

f) Description of the firm’s actual role, responsibilities and actual effort in dollars;

g) Scope of work description; and, HSBP1010R0052 Easton, Maine LPOE Design/Build Phase 1 Page 12 of 28

h) Identification of other significant entities, such as subcontractors, teaming partners, etc. working with the firm including a description of their services and their portion of the overall contract value.

3) TAB 3 – Other Past Performance Information

As a part of the evaluation process, CBP reserves the right to contact the designated point(s) of contact or any other personnel relative to the designated projects during the evaluation process. CBP may also elect to obtain additional information relative to the Offerors’ past performance (including, but not limited to, the past performance of team members, predecessor organizations, major/ key/ critical subcontractors and key personnel) for the referenced projects and/or for projects in addition to those identified in the proposal.

In addition to the information provided at Section III, Items 1 and 2 above, Offerors shall identify and provide information on all projects or contracts within the past five (5) years wherein the Offeror or any other major subcontractor or key/critical team member, joint venture, teaming partner, or other principal member or firm of the proposed team encountered one of the issues listed below. For each instance, identify the contract, owner’s contract number, owner name, and all applicable contact information to include address, telephone and fax number, and e-mail address. Provide an explanation relative to the issue(s) listed below and include final/pending disposition of the issue(s) to include final cost settlement as necessary. If none of the situations apply, then the proposal shall include an affirmation statement that the issue does not apply for each item listed below. Provide information about the following:

a) Any claims or litigation relating to contract changes, schedule problems or subcontractor/supplier/consultant disputes;

b) Any significant modifications, changes or project delays;

c) Any issued Cure Notices or Show Cause letters (include copy as appropriate);

d) Any Liquidated Damages Assessments; and,

e) Any Terminations for Default.

Section IV - Technical Qualifications

The Offeror’s (including all major/ key/ critical subcontractors, consultants or teaming partners) technical qualification information shall not exceed twenty

(20) pages. All requested information must be responded to and Tabbed sequentially for the twelve (12) items below. Resumes, as required, are limited to two (2) pages each and are not counted toward the total page allocation. The Offeror’s Technical Qualifications Section shall focus on the team’s qualifications and the key personnel’s qualifications and their relationship to the proposed effort. The Offeror’s submission may overlap the information provided in Past Performance, Section III and Technical Approach, Section V. However, the purpose of this section is to look at the Offeror’s overall team composition and key personnel qualifications and experiences.

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Offerors are reminded that the proposed Phase 1 Team, major/ key/ critical firms, consultants, subcontractors and key personnel shall remain fixed for the duration of the Phase 1 and Phase 2 solicitation and until contract award. The individual tabs for Section IV shall provide the information as detailed in items 1 – 12 below.

1) Resumes for the following key personnel to include entire employment history with the Offeror or its major/key/critical subcontractors, consultants or teaming partners:

a) Contractor Principal-in-Charge;

b) Site Superintendent;

c) Senior Project Manager;

d) Architectural & Engineering Project Manager/Lead;

e) Quality Control Manager; and,

f) Safety Manager.

2) Provide documented evidence of specialized experience, professional qualifications, technical competence and licenses for all key personnel. (Copies of documented evidence of specialized experience, professional qualifications or licenses are not counted toward the Technical Qualification page limitations if separate from the resume).

3) Identify the Offeror’s project experience and major/key/critical subcontractors, consultants or teaming partner’s project experience within the last five (5) years on projects comparable in size and complexity to the proposed project and not included in the Past Performance Section.

4) Provide previous experiences working with the other proposed company team members. Include past relationships and successful projects accomplished in tandem.

5) Provide the Offeror’s and team member’ experience with design-build projects within the last five (5) years to include number of contracts, contract dollar amount of each project, size, scope and roles and responsibilities, not included in the Past Performance Section.

6) Provide both the Offeror’s experience, its team member’s experience and its key personnel’s experience with Leadership in Energy and Environmental Design (LEED). Provide the highest LEED rating on a project achieved and outline the team’s credentials with LEED to include the number of projects handled and individual qualifications.

Submit copies of documented evidence for all LEED credentials.

(Copies of LEED Certification documented evidence only are not counted in Technical Qualification page limitations).

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7) Provide awards or recognition received by the Offerors, the major/ key/ critical subcontractors, consultants or teaming partners and key personnel for similar work within the last five (5) years that was not included in the Past Performance Section. Provide copies of documented evidence for all awards and of recognition. (Copies of documented evidence of awards and recognition only are not counted toward the Technical Qualification page limitations).

8) Describe all of the Offeror team’s working experiences within the last five (5) years in extreme weather conditions, to include project location and contract period.

9) Describe all of your working experiences within the last five (5) years in remote locations. For each instance, provide the contract number, point of contact information and the contract period.

10) Provide the Offeror’s and its team member’s experience and knowledge of the general project locality, applicable codes and permitting requirements as well as the local construction market conditions and trade practices.

11) Describe all of the Offeror’s and its team member’s working experiences within the last five (5) years dealing with environmental and culturally sensitive locations. For each instance, provide the contract number, point of contact information, the relevant environmental or cultural issues encountered, how they were resolved, and the contract period.

12) Provide information on any specialized equipment owned by the

Offeror and its team members and its availability for use on this project. If none, so state.

Section V – Technical Approach

The Offeror’s (including all major/key/critical subcontractors, consultants or teaming partners) Technical Approach section should focus on the Team’s (and its key personnel) overall processes and approach to completing the proposed effort and a project this size. The information requested for the Technical Approach section is located at Attachment 1 to the Phase 1 solicitation and is titled “Phase 1 Design-Build Approach.” The Technical Approach Section shall not exceed twenty (20) pages; nor shall the individual answers exceed the specified page limitations placed on the individual answers. The responses to the questions shall be addressed sequentially.

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4. Evaluation Factors

Proposals submitted, in accordance with this Phase 1 solicitation, will be evaluated using the three (3) Phase 1 evaluation factors listed below which are shown in descending order of importance;

a) Past Performance/Past Performance Risk;

b) Technical Qualifications; and,

c) Technical Approach.

Past Performance/Past Performance Risk and Technical Qualifications, when combined, are significantly more important than Technical Approach.

a) Past Performance: The purpose of the Past Performance evaluation is to assess qualitatively the Offeror’s and its proposed team’s ability to perform the contract successfully and rate the degree of risk of future performance based upon the Offeror’s and its team’s prior experience and history. In evaluating Past Performance, CBP will consider Past Performance Quality Control and Quality Assurance, Similarity of Past Performance, Demonstrated Commitment of Team Members and Key Personnel, and Performance Problems. CBP will also consider the context of the Offeror’s (and its team’s) past performance in relation to the planned project and the general trends in the contractor’s performance. CBP will give due consideration to:

1) The completed Past Performance Questionnaires;

2) CBP’s communications with designated points of contact (if required);

3) Information provided in the Offeror’s proposal relative to past performance;

4) Records generated and provided (if any) pursuant to FAR 42.15; and,

5) Any other past performance information that may be available to CBP.

Note: Offerors who have no relevant experience will receive a Neutral rating for Past Performance. For the purposes of this solicitation, CBP shall consider all construction management, construction, design-build, architectural and engineering projects completed or currently in substantial progress as relevant; however, they may not be considered “similar” in size, scope and complexity as the proposed Land Port of Entry project.

b) Technical Qualifications: Technical qualifications will be evaluated considering the following two areas:

1) Offeror/Joint Venture to include major / key/ critical subcontractors or teaming partners.

CBP will assess the qualitative and quantitative experience of the Offeror’s firm or Joint Venture including other major/ key/ critical subcontractors or teaming partners. Specialized experience and capability to perform, as may be illustrated by, but is not limited to:

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Similar project experience comparable in size, scope and complexity;

Previous experience with other proposed firm team members;

Demonstrated similar design-build project experience;

Demonstrated experience under extreme weather conditions;

Demonstrated experience working in remote locations;

Demonstrated experience with Leadership in Energy and

Environmental Design (LEED);

Awards or recognition received by a firm for similar work;

Demonstrated experience working on projects with environmental and culturally sensitive project elements;

Demonstrated knowledge of the general project locality, applicable codes and permitting requirements;

Demonstrated knowledge of local construction market conditions and trade practices; and/or, Specialized equipment owned and available for project use.

2) Individual Key Personnel

CBP will assess the qualitative and quantitative experience and a clear description of the previous roles and responsibilities of the Offeror’s key personnel, to include the major/critical/ key consultants or critical subcontractors’ proposed key personnel. Specialized experience, technical competence and professional qualifications as may be illustrated by, but is not limited to:

Demonstrated experience with similar projects of comparable size, scope and complexity;

History of employment with participant or team; previous experience with other proposed key personnel (length and depth);

Design-build project experience;

Experience working in extreme weather conditions;

Experience working in remote locations;

Experience with Leadership in Energy and Environmental

Design (LEED);

Awards or recognition received for similar work;

Licenses or certifications of key personnel;

Demonstrated knowledge of the project locality including applicable code and permitting requirements; and/or, Demonstrated knowledge of local construction market conditions and trade practices.

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c) Technical Approach

CBP will assess the Offeror’s general approach for dealing with similar projects the size, complexity, scope and schedule of the proposed LPOE project, including the roles and responsibilities of proposed major/ key/ critical team members and their key personnel as may be illustrated by, but is not limited to:

How work will be coordinated among team members, suppliers and labor force;

Actual or proposed legal organization;

Personnel by discipline for each of the firms (Offeror and major/ key/ critical team members);

Organizational chart including key personnel of the proposed team;

Quality control manager and safety managers positions within the organizational project structure;

Proposed design responsibility chart;

Incorporation of LEED and LEED certification into the project;

General project management systems and tools you and your major/ key/ critical consultant/subcontractor’s plan to use and incorporate to enhance project coordination, administration and administrative areas;

How you plan to handle additional ARRA reporting requirements;

General methodologies as well as cost, schedule, quality assurance and quality control processes and programs for both design and construction activities;

Practices to avoid cost overruns, ensure on-time delivery, minimize claims and keep change orders to a reasonable level;

Estimating and scheduling systems to include the type of software you plan to use and your experience working with the software;

Overall change management process;

Safety control program and processes;

Operational phasing approach;

Dealing with environmentally and culturally sensitive project issues; and, Incorporating additional small business opportunities into the overall project.

If a proposal deviates significantly from any material term or condition, or is judged to have omitted or not complied with any material term or condition of the Phase 1 solicitation (notwithstanding the impact of discussions of any requirement), the offer may be ineligible for selection as one of the “Most Highly Qualified Offerors”.

Regardless of the technical rating and/or regardless of any overall rating achieved, any single factor rated “Unsatisfactory” may be cause to consider the entire proposal unsatisfactory.

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5. Points of Contact

a) The CBP Point of Contact (POC) for inquiries and clarifications is John Marschall, Contract Specialist, 202-325-7038, john.marschall@dhs.gov, or by fax at 202-325-7010. Any and all questions or requests for clarification must be submitted no later than April 22, 2010. At CBP’s discretion, CBP may provide written responses to the questions as appropriate or amend the solicitation posted at www.fbo.gov.

b) Each Offeror must designate one primary and one alternate point of contact for all communications between the Offeror and CBP. No other communications regarding this solicitation or project are allowed. Communications that occur between any other individual on an Offeror’s team, including consultants and subcontractors, and any other CBP staff member or port facility personnel may be grounds for disqualification of the Offeror’s Proposal. Offeror POC information must be clearly identified in the proposal and include electronic mail addresses in additional to telephone and fax numbers with a valid street/mailing address for the Offeror. Any changes to the Offeror POC information must be identified to the Government immediately.

6. Proposal Due Date

To be considered for this project, Offerors shall respond to the Phase 1 Solicitation by submitting a proposal no later than 4/30/2010, 3:00 pm, Eastern Daylight Time (EDT). Proposals must be MAILED or HAND DELIVERED to John Marschall, Contract Specialist, US Customs and Border Protection, 1717 H St. N.W., Suite 800, Washington, D.C. 20006 (COURIER or HAND DELIVERIES must sign in at the Security Station at that address and deliver to Suite 800). As previously identified, Offerors must also provide an e-mailed electronic version of the proposal to john.marschall@dhs.gov. Due to the size of the proposal and IT email limitations, Offeror’s are advised they may need to breakdown and submit the electronic version by multiple emails to ensure the electronic transmission of the proposal is not rejected. Offeror’s are responsible for effecting delivery by the appropriate time, date and location to include the electronic e-mailed version.

LATE SUBMISSIONS SHALL NOT BE CONSIDERED IN ACCORDANCE WITH

FAR 15.208.

7. Conflicts of Interest

US Customs and Border Protection (CBP) wants to ensure all business is conducted in a manner above reproach and with complete impartiality. Therefore, each Offeror, as the Design-Build team is established, shall evaluate the eligibility of the team members to ensure potential organizational conflicts of interest do not exist. An organizational conflict of interest would make a person or company unable or potentially unable to render impartial assistance or advice to the Government because of other activities or relationships, or the person’s objectivity in performing the contract work is or might be otherwise impaired by other activities or, or a person or company has an unfair competitive advantage. See FAR Subpart 9.5 for additional information concerning organizational conflicts of interest. The existence

HSBP1010R0052 Easton, Maine LPOE Design/Build Phase 1 Page 19 of 28 of a Conflict of Interest (COI) on the part of any team member of the Offeror’s team may be grounds for elimination from the Phase 1 competition.

8. Notification of Phase 1 Qualification and Selection

Upon completion of the Phase 1 evaluation and selection process, and in accordance with FAR Part 36.303-1(a)(4), CBP will select a maximum of four (4) Offerors deemed to be the “Most Highly Qualified” who shall be invited to submit proposals in response to the Phase 2 Solicitation. However, nothing in this solicitation precludes the CO from making a determination that more than 4 Offerors should be included in the Phase 2 competition. Unsuccessful Phase 1 Offerors will receive notice of their non-selection at the same time. Phase 2 proposals will be only accepted from those Offerors who receive the Phase 2 solicitation from the Contracting Officer and who have been specifically invited to submit a proposal. The identity of the “Most Highly Qualified Offerors” who are invited to participate in Phase 2 will not be disclosed by the Government.

9. Summary of the Phase 2 Solicitation Process

The four (4) “Most Highly Qualified Offerors” selected in Phase 1 will be provided the opportunity to submit a competitive Price, Technical, and supplemental Past Performance Information (if required) proposals as detailed in the Phase 2 Solicitation. Phase 2 shall be conducted in accordance with FAR Part 15, Contracting by Negotiation. One Contract will be awarded using competitive negotiation. The anticipated Phase 2 solicitation response time will be approximately 25 days.

The Evaluation Factors planned to be used in the Phase 2 solicitation are listed below in descending order of importance. Price is an important evaluation factor, although all non-price evaluation factors when combined will be significantly more important than price. The Phase 2 evaluation factors are anticipated to be:

a) Technical and Technical Risk;

1) Technical Solution;

2) Project Management Plan;

3) Experience; and,

4) Preliminary Project Schedule.

b) Past Performance and Past Performance Risk (The Phase 1 Past Performance and Past Performance Risk rating will carry over to the overall rating that the Offeror receives for Phase 2); and,

c) Price/Cost.

The basis for award for Phase 2 will be, consistent with the evaluation factors, the selection of the Offeror whose overall proposal is deemed to be the most advantageous to the Government. As Proposals become more equal in their technical merit (the non-price evaluation factors), the evaluated price/cost will become more important and may become the determining factor for award. In order

HSBP1010R0052 Easton, Maine LPOE Design/Build Phase 1 Page 20 of 28 to be eligible for award, Offerors’ organizations must legally exist prior to contract award.

10. Federal Acquisition Regulation

The complete Federal Acquisition Regulation (FAR) is available through the U.S. Government Printing Office or via internet accessed at http://acquisition.gov/far/loadmainre.html

11. List of Attachments

Phase One Design/Build Technical Approach (Atch 1) Past Performance Questionnaire (Atch 2) LPOE Elevation Documents

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ATTACHMENT 1

PHASE 1 DESIGN-BUILD TECHNICAL APPROACH

HSBP1010R0052

If the Offeror is a team of contractors, one combined response shall be submitted which includes each major/key/critical firm (providing at least $500,000 in overall effort) to the proposed project. At a minimum, the Construction and Architectural and Engineering firm shall submit one combined copy of the Technical Approach. (NOTE: Submissions shall not exceed 20 pages total (each item also has specific space limitations as indicated) and must be numbered and addressed/answered sequentially; otherwise, the offer may be deemed non-responsive.

Technical Approach Submission (MAXIMUM--20 pages total):

1. Describe your general approach in dealing with similar projects the size, complexity, scope and schedule as the proposed LPOE project. (Limit – 2 ½ pgs)

2. Describe the roles and responsibilities of the proposed major/key/critical team members;

and how you will coordinate work amongst team members, suppliers and labor force.

(Limit – 2 pgs)

3. Describe and provide an illustrated example of your actual or proposed legal organization to handle the project. (Limit – 1 pg)

4. Describe and provide an illustrated example of the personnel by discipline for each of the firms to include an organizational chart identifying the key personnel proposed for use on this project. (Limit – 2 ½ pgs)

5. Provide and attach a design responsibility chart. (Limit – 1 pg)

6. Describe your approach for incorporating LEED and LEED certification into the project and what your goals would be for this project. (Limit – 1 pg)

7. Describe and identify the estimating and scheduling systems approach you will use and include the software you propose to use. Provide your experience working with the required software. (Limit – 1 pg)

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8. Describe and…