BCN RFI 0001 to Industry White Paper - Sections 00 21 00 and 00 22 16.pdf

Request for Information – North Bypass Channel Draft Proposal Submission and Evaluation Criteria

White Paper to Summarize Feedback Received and Government Considerations 9 April 2024

A Request for Information for the Modified Central City, North Bypass Channel, was issued on 7 March 2024. The purpose of this special notice was to obtain written input on draft specification sections 00 21 00 (INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS) and 00 22 16 (DESIGN-BID-BUILD SELECTION PROCEDURES). The purpose of this Summary White Paper is to provide industry with a summary of feedback received and considerations being made by the Government.

Method of Delivery: Feedback was received to reevaluate the Government’s delivery strategy of Design-Bid-Build to consider Integrated Design and Construction (IDAC).

Government Considerations: The design of the North Bypass Channel was previously shelved at 60%. The Government considered multiple potential delivery methods, to include Design- Build and IDAC. Several factors led to the delivery strategy of Design-Bid-Build that included

1) level of current design and timeframe to complete; 2) incorporation of risk-informed design;

3) reviews required per the Review Plan; 4) timeframe required to relocate utilities; and 5) time required to build and approve a “business case” for an alternative delivery method. An alternative delivery method was not pursued as the design was projected to be complete earlier than the time required to build the business case, receive approval, and solicit/award this type of procurement.

The Government previously evaluated multiple methods of delivery given project specific constraints and determined that Design-Bid-Build was the preferred delivery method.

Draft Specification 00 21 00 (INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS): Feedback was received to include 1) clarification of base items vs option items;

2) timeframe to award options; 3) additional period of performance for options.

Government Considerations: The 95% CLIN schedule will be included in a future Request for Information around July/August 2024. This CLIN schedule will provide clarification of base items vs options, calendar days to award options; and any additional period of performance if those options are exercised.

Draft Specification 00 22 16 (DESIGN-BID-BUILD SELECTION PROCEDURES):

Feedback was received to include 1) providing draft drawings, specifications, and geotechnical data at least two months before the Request for Proposal is officially issued; 2) shorten evaluation timeframe to reduce pricing risk; 3) include Past Performance Worksheet, which was missing; 4) reconsider language that limits project examples to the “division” or “unit” submitting the offer; 5) reconsider the definition of “relevancy”; 6) reconsider the timeframe of six years; 7) clarify what subcontractor qualifications are required; 8) clarify the minimum self-performance requirement for the prime contractor; 9) clarify the risk register to be more specific;

10) reconsider small business participation goals; 11) clarify if options are included in the small business participation plan; 12) clarify if cost or pricing data will be required at the time of

Request for Information – North Bypass Channel Draft Proposal Submission and Evaluation Criteria

White Paper to Summarize Feedback Received and Government Considerations 9 April 2024 submission; 13) reconsider Project Labor Agreement requirement; and 14) reconsider proposal due date that includes additional time required to negotiate a Project Labor Agreement.

Government Considerations:

1) A follow-on Request for Information is planned at the 95% design level, which will include plans, specifications, and geotechnical information.

2) The Government is considering a bifurcated solicitation to reduce price holding period.

3) The Government has added the missing Past Performance Worksheet.

4) The Government wants relevant past performance representative of the “entity” that will perform the work. This language will remain.

5) Relevancy will be rated as Very Relevant, Relevant, Somewhat Relevant, and Not Relevant.

There is not a single definition to apply due to multiple rating categories. To distinguish between “Very Relevant” and “Somewhat Relevant,” the Government has provided a definition. The language will be reviewed with the upcoming 95% design submittal for clarity.

6) The Government will consider updating recency from six years to ten years. However, further review could lead to additional updates.

7) Under “Management of the Team” and “Organizational Plan,” the Government will clarify that subcontractor qualifications are not required.

8) The Government will clarify the risk register to be more specific to a construction contractor owned risks.

9) The minimum self-performance requirement for NAICS 237990 is 15%.

10) The Government included draft small business participation percentages and will update them prior to the Request for Proposal. (Feedback ranged from reducing to 25% and less.)

While the Government provides goals to establish a baseline, it is up to the offeror to determine their small business participation plan.

11) No. Use Base CLINS to determine the small business participation proposal percentages. If option CLINS are funded, the Government will request a revised small business subcontracting plan to incorporate revised percentages.

12) Certified cost or pricing is not required as adequate competition is expected. However, if after receipt of proposals the Contracting Officer determines that there is insufficient information available to determine price reasonableness or adequate competition isn’t obtained, certified cost or pricing data may be required.

13) USACE must implement directed requirements. A waiver for Project Labor Agreement is not being considered for this procurement.

14) The Government is considering a bifurcated solicitation, which may allow additional time to develop the price proposal.