RFP_VAAL Ph2A Site Development.pdf

RFP No. W912DW22R0004

Seattle District

Department of Veteran’s Affairs American Lake (VAAL) Phase 2A Site Development

Construction Solicitation and Specifications

Service Disabled Veteran Owned Small Business (SDVOSB) Set-Aside

March 2022

W68MD920551263

Department of Veteran’s Affairs American Lake (VAAL) Phase 2A Site Development at Lakew ood WA.

This is a Service Disabled Veteran Ow ned Small Business (SDVOSB) Set-Aside, Design Bid Build (DBB) Acquisition, Using the Best Value Low est Priced Technically Acceptable (LPTA) Procurement Process.

For /Site Visit Information please see FAR provision 52.236-27 Alt 1, Site Visit (Construction).

For technical questions and the ProjNet Bidder Inquiry process, please see Section 00 21 16.

As this is not a sealed bid, offers w ill not be opened publicly.

JOHN P SCOLA 206-762-2122

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-Mar-2022

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________18 Apr 2022 (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 X is, 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 _______90 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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

PAGE OF PAGES

1 OF

CODE W912DW

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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

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

206-764-6817FAX:TEL: 206-316-3168 TEL: FAX: 206-764-6817

W912DW22R0004 77

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

W912DW22R0004

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

SECTION TITLE

Cover Page

SF1442

00 01 10 Table of Contents

00 10 00 Caution to Offeror, Corporate Certificate and Price Schedule.

00 21 00 Provisions

00 21 16 Instructions to Proposers

00 22 00 Supplementary Instructions

00 45 00 Representations and Certifications, and Pre-Award Information

00 72 00 General Conditions - Contract Clauses

00 73 00 Supplementary Conditions:

Davis-Bacon General Wage Decision No: WA20220072

Attachment 00 72 00-A – Index of Drawings

01 00 00 Technical Specifications

RETURN THE FOLLOWING WITH YOUR PROPOSAL:

Please see Submission Format in Section 00 22 00.

Section 00 10 00 - Solicitation

! ! ! C A U T I O N TO O F F E R O R ! ! !

1. TELEPHONES: There are no public telephones at the Seattle District Corps of Engineers. Due to the Covid- 19 public health challenges, the building may be closed to visitors.

2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday. Due to the Covid-19 public health challenges, the business hours and access may change.

BEFORE SIGNING THIS OFFER, PLEASE TAKE NOTE OF THE FOLLOWING, AS FAILURE TO

PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR OFFER TO BE REJECTED

3. AMENDMENTS: Have you acknowledged receipt of ALL amendments?

4. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your offer.

5. MISTAKE IN OFFER: Have you reviewed your offer price for possible errors in calculation or work left out?

6. OFFER ACCEPTANCE PERIOD: The minimum offer acceptance period is specified in block 13D of the first page of the SF1442, “Solicitation, Offer and Award.” Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

7. SAM.GOV: Contractors are required, before receipt of contract award to ensure that their entity information is posted at the official government website for contract opportunities, www.Sam.gov. Ensure all entity information required is current and up to date.

8. FAR 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (b).

The Contractor is asked to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE PORTION OF THE

FORM LISTED BELOW MUST BE COMPLETED. IN THE ALTERNATIVE, OTHER EVIDENCE MUST BE

SUBMITTED TO SUBSTANTIATE THE AUTHORITY OF THE PERSON SIGNING THE CONTRACT. IF A

CORPORATION, THE SAME OFFICER SHALL NOT EXECUTE BOTH THE CONTRACT AND THE

CERTIFICATE.

CORPORATE CERTIFICATE

I, _______________________, certify that I am the _________________________ Secretary of the Corporation named as Contractor herein; that _________________________________, who signed this contract on behalf of the Contractor was then ___________________________of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

_____________________________ (CORPORATE

(Secretary) SEAL)

AUTHORITY TO BIND PARTNERSHIP/JOINT VENTURES

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership/joint venture pursuant to its partnership/joint venture agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership/joint venture with the United States of America, except as follows: (state "none" or describe limitations, if any) ____________________________________________

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and Signatures)

NAME SIGNATURE

PRICE SCHEDULE

W912DW22R0004 VAAL Site Development

CLIN

Item # Description of Item

QT

Y Unit

Unit Price Amount

BASE ITEMS

0001 All work for Site preparation including demolition and construction of site work, site utilities, and all other improvements.

1 JOB N/A $_____________________

0002 All work for asbestos abatement according to the plans and specifications including demolition, removal, and disposal.

1 JOB N/A $_____________________

0003 All work for hazardous material abatement other than asbestos abatement according to the plans and specifications including demolition, removal, and disposal.

1 JOB N/A $_____________________

0004 All work for O&M manuals as specified in Section

01 78 23 OPERATIONS AND MAINTENANCE

MANUALS from preparation to final approval.

1 JOB N/A $50,000

0005 All work for As-Built drawings as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.

1 JOB N/A $100,000

0006 All work for Real Property Transfer Document as specified in Section 01 78 00 CLOSEOUT SUBMITTALS from preparation to final approval.

1 JOB N/A $12,000

TOTAL ALL BASE ITEMS 0001-0006 $________________________

NOTES:

1) 100% Design Projects cannot be altered, changed, or re-designed in any way. No alternate proposals will be accepted.

2) To better facilitate the receipt and proposal process, all modifications to proposals shall be submitted on copies of the latest Price Schedule as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

3) Offerors must insert a price on all entry amount lines of numbered items of the Price Schedule. Failure to do so will result in the offer being unacceptable.

4) The dollar amount established in Item Nos. 0004, 0005, and 0006 shall not be revised by Offerors.

QTY = Quantity

END PRICE SCHEDULE

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV

2021) - Alternate I

OCT 1997

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.215-7008 Only One Offer JUL 2019 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

6.2% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

VA American Lake site at Lakewood, WA, Pierce County.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause

52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (JUN 2020)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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:

Roger D. Williams Jr.

Chief, Contracting Division US Army Corps of Engineers – Seattle District 4735 E. Marginal Way S, Bldg. 1202 Seattle, WA 98134-2388 / copy to : Roger.D.Williams@usace.army.mil

(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) – ALTERNATE I (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:

Date: Thursday, 31 March 2022 Time: 9:00 – 11:30 AM, local time Note: Site visit will start promptly at 9:00 AM, local time

If your firm is planning to attend the site visit, please send an email RSVP to BOTH Cellec Coleman, Program Manager, at cellec.coleman@usace.army.mil and John Scola, Contract Specialist, at john.p.scola@usace.army.mil by 29 March 2022.

(c) Participants will meet at:

VA American Lake Campus – Building 18A, Room 102 9600 Veterans Dr SW Tacoma, WA 98493

(d) See Site Visit Map at end of Section 00 21 00.

NOTE: Masks are required while visiting the VA American Lake Campus during the site visit. Photos are permitted during the site visit; however, photos may not be taken of, or contain any, VA patients.

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://www.acquisition.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Alterations, if necessary, will be via amendment.

(End of Provision)

Parking

18A

Site Visit Map for W912DW22R0004

Section 00 21 16 - Instructions to Proposers

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 MAGNITUDE OF CONSTRUCTION

1.3 SUBJECT TO AVAILABILITY OF FUNDS

1.4 GOVERNMENT SECURITY REQUIREMENTS

1.5 COPIES OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS AND AMENDMENTS

1.6 OFFEROR'S QUESTIONS AND COMMENTS

1.7 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 SITE VISIT

1.10 ACCURACY IN PROPOSALS

1.11 PROPOSAL SUBMITTALS

1.12 PROPOSAL FORMAT

1.13 BID GUARANTEE

1.14 JOINT VENTURE AND TEAMING ARRANGEMENT PROPOSAL REQUIREMENTS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK:

The scope of project includes all work required for Department of Veteran’s Affairs American Lake (VAAL) Phase 2A Site Development at Lakewood, WA.

The work shall be in accordance with Request for Proposal (RFP) documents.

General description of work:

The USACE Seattle District has a requirement for the following-

The VAAL Phase 2A Site Development project includes demolition and hazardous materials abatement of five (5) existing buildings, existing parking area and underground utilities. The work also includes but is not limited to construction grading, pavements, utilities, lighting, and landscaping for a 650-vehicle parking lot and 1000 feet of two-lane roadway. Utilities will include drainage, sanitary sewer, watermain, electrical, telecommunication, steam and geothermal.

1.2 MAGNITUDE OF CONSTRUCTION:

In accordance with DFARS 252.236.204, the magnitude of construction is estimated to be in the range of $10,000,000 to $25,000,000.

1.3 SUBJECT TO AVAILABILITY OF FUNDS:

FAR Clause 52.232-18 “Availability of Funds,” (APR 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

1.4 GOVERNMENT SECURITY REQUIREMENTS:

The Offeror(s) must ensure that ALL mail sent to the Seattle District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bonds, correspondence, etc., may be REJECTED by the US Army Corps of Engineers mail room facility located in Building 1202, at 4735 East Marginal Way South, Seattle, WA 98134 if it does not contain a return mailing address.

1.5 COPIES OF RFP DOCUMENTS AND AMENDMENTS:

Copies of the RFP and amendments are available by INTERNET ACCESS ONLY. All RFP documents will be posted to the U.S. Government’s Contract Opportunities website at SAM.gov under RFP number W912DW22R0004. A list of interested vendors (potential Offerors and subcontractors) is available at this website.

NOTE: SAM.gov is the official U.S. Government website for Contract Opportunities.

It shall be the contractor’s responsibility to check the website for any amendments. The Offeror shall submit in the proposal all requested information specified in this RFP. There will be no public opening of the proposals received as a result of this RFP.

1.6 OFFEROR'S QUESTIONS AND COMMENTS:

All questions or comments should be posted in ProjNet. (See below)

BIDDER INQUIRY (ProjNet):

1. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

a. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this RFP listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and then click continue.

b. From this page you may view all bidder inquiries or add inquiry.

c. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

d. The RFP Number is: W912DW22R0004

e. The Bidder Inquiry Key is: NQ793C-I3C2TY

2. The Bidder Inquiry System will be unavailable for new inquires 3 business days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the RFP, if necessary.

3. 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.

4. 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.

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

1.7. SMALL BUSINESS SIZE STANDARD/NAICS CODE:

See Section 00 45 00, FAR Provision 52.204-8 for the small business size standard/NAICS Code.

1.8. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS:

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.9 SITE VISIT:

An organized site visit has been scheduled. See Section 00 21 00, FAR provision 52.236-27 Alt 1, Site Visit (Construction).

1.10 ACCURACY IN PROPOSALS:

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.11 PROPOSAL SUBMITTALS:

To be determined (TBD) prior to due date of proposal. Please note this information supersedes the instructions in block 8 of the SF1442.

Instructions for Submitting Electronic Proposal:

TBD prior to due date of proposal.

1.12 PROPOSAL FORMAT:

a) Technical Proposal (Volume I): Submit one (1) “electronic copy” in PDF.

Offeror’s Technical Proposal shall include the following sections, in the general format specified below:

Table of Contents for Volume I - (Listing of all sections of the technical proposal) Tab A which contains submittal for Factor 1 – Relevant Experience of Offeror, Attachment 1.

Tab B which contains submittal for Factor 2 – Relevant Experience - Utility Relocations, Attachment 1.

Tab C which contains submittal for Factor 3 - Past Performance of Offeror, Attachment 3 (If needed).

Tab D which contains Letters of Commitment (Attachment 2 if applicable).

b) Price proposal and Pro Forma information (Volume II): Submit one (1) “electronic copy” in PDF.

Offeror’s Price Proposal shall include the following, in the general format specified below:

Standard Form (SF) 1442 and Price Schedule, Section 00 11 00. (Filled out in its entirety).

Bid Guarantee.

Section 00 45 00, Representations and Certifications.

Pre-Award Information found at back of Section 00 45 00 (filled out in its entirety).

Joint Venture Agreement or Teaming Arrangement (including first-tier small business subcontractor) (If applicable).

NOTE: Offeror’s Price Proposal is due AT THE SAME TIME as Technical Proposal.

1.13 BID GUARANTEE:

Please see provision 52.228-1, Bid Guarantee (SEP 1996), in Section 00 21 00.

Bid Bonds (SF24) must be accompanied by a Power of Attorney containing an original OR electronic signature from the surety, which must be affixed to the Power of Attorney after the Power of Attorney has been generated.

Computer generated and signed Powers of Attorney will be accepted if accompanied by a certification from a current officer of the surety attesting to its authenticity and continuing validity.

Digital scans, or photographed or otherwise reproduced images, of ink signatures are not considered acceptable "electronic signatures." If a required submitted document does not contain electronic signatures, you must submit original hard-copy documents. Current SF24 forms are available at the following website:

https://www.gsa.gov/reference/forms

Send Your Hard Copies:

John Scola, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS CTA

4735 East Marginal Way S., Bldg. #1202 Seattle, WA 98134-2388

1.14 JOINT VENTURE & TEAMING ARRANGEMENT PROPOSAL REQUIREMENTS:

Joint Ventures: Joint Ventures are considered as Prime Contractors. When proposing as a joint venture, all members of the joint venture shall sign the SF 1442, unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the fully executed joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a), SDVOSB or HubZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124, 13 CFR Part 125 and 13 CFR Part 126, respectively.

Any of the Joint Venture partners identified in the JV agreement can submit project(s) to meet the requirement in Section 00 22 16 for evaluation.

Teaming Arrangement. As defined under FAR Subpart 9.6, a teaming arrangement means:

1. Two or more companies form a partnership or joint venture to act as a potential prime contractor; or

2. A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

Offerors submitting a subcontractor project and offerors wishing to demonstrate experience showing working relationships with proposed teaming partners must submit the following:

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

b. Submit a copy of the fully executed teaming agreement between each team member. All teaming agreements shall:

1. Clearly identify the expected relationship, roles and responsibilities between the firms, Prime contractor, and of the subcontractor or other entity (type and proportion of work to be performed); and;

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

END OF SECTION 00 21 16

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 00

BASIS OF AWARD AND EVALUATION FACTORS FOR AWARD

1.0 BASIS OF AWARD

Award of this Contract will be made to the responsible Offeror submitting the Lowest Priced Technically Acceptable (LPTA) proposal in accordance with Federal Acquisition Regulation (FAR) 15.101-2. This solicitation will result in the award of a firm-fixed price construction contract.

The evaluation of each proposal will be solely on the basis of evaluation factors found in this section (00 22 00). The Government will evaluate each proposal on an Acceptable/Unacceptable basis only with respect to the non-price evaluation factors (criteria) described herein. To be considered for award, a proposal must be rated “Acceptable” in every non-price factor. Award will be to the Offeror who presents the Acceptable proposal (Factors 1, 2 and 3) with the overall total lowest price (based on the total of all line items on the Bid/Price Schedule).

The Offeror’s proposal shall contain a response to all factors and meet the minimum submittal requirements stated.

Penalty for making false statements in proposals is prescribed in 18 U.S. Code § 1001.

In accordance with FAR 15.306(a)(3), the Government intends to evaluate proposals and make award without discussions.

2.0 FACTORS TO BE EVALUATED

TABLE 1: Technical and Non-Technical Evaluation Factors and Price Factor: Description:

Factor 1 Relevant Experience of Offeror Factor 2 Relevant Experience of Team Factor 3 Past Performance of Offeror

Acceptability of your proposal will be based on all non-price Factors receiving an acceptable rating by the Government (Please see the evaluation method of each Factor below of how “acceptability” will be determined in Factors 1, 2 and 3). The proposal will be evaluated according to the criteria for each Non-Price Evaluation Factor of this section.

3.0 EVALUATION PROCESS:

Proposals will be evaluated by a Source Selection Evaluation Board.

The evaluation process consists of three parts:

1. Proposal Compliance Review. This is an initial review to ensure all required forms and certifications are complete, and a complete proposal is received. The initial review of each of the proposals will be conducted to check for apparent errors, omissions and areas which require clarification. The purpose of this preliminary review session is to eliminate minor irregularities or apparent clerical mistakes. This preliminary evaluation will ensure each proposal contains the Volume I (Technical) and Volume II (Price) separately and the correct number of copies.

2. Relevant Experience and Past Performance. Relevant Experience and Past Performance will be evaluated according to the Non-Price Evaluation Factors found within this section (00 22 00).

3. Price Evaluation. The Government will evaluate price for fairness and reasonableness using price analysis.

Price will also be verified for unbalancing of line items.

3.1 Definitions:

Clarification is a limited exchange with an Offeror for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal or to address adverse past performance not previously addressed with the Offeror. Clarifications do not give an Offeror the opportunity to revise or modify its proposal and are used, as necessary, when not opening discussions.

Communications are a limited exchange with an Offeror used to assist in determinations of the competitive range. Communications are limited to enhancing Government understanding of proposals and addressing adverse past performance information not previously addressed if said information is the determining factor preventing an Offeror from being included in the competitive range. Such communications shall not be used to cure proposal deficiencies or material omissions, or otherwise revise the proposal.

Discussions are exchanges (i.e., negotiations) in a competitive environment that are undertaken with the intent of allowing the Offeror to revise its proposal. Discussions take place after establishment of the competitive range. See FAR 15.306(d).

Lowest Price Technically Acceptable (LPTA) is a process used in competitive negotiated contracting where the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. See FAR 15.101-2.

Past Performance is the assessment of the Offeror’s probability of successfully completing the minimum RFP requirements.

Recent - All submitted projects shall be 100 percent construction complete, accepted by the client, and completed within six (6) years of the issue date of this solicitation, i.e., all submitted projects shall have a completion date on or before the issue date of this solicitation.

Similar is not identical but showing a resemblance in qualities or characteristics of the project.

Source Selection is the process used in competitive, negotiated contracting to select the proposal that offers the best value to the Government.

4.0 EVALUATION FACTORS:

4.1 Non-Price Evaluation Factors:

Proposals shall concisely, accurately, and completely provide the information required for each of the following non-price evaluation factors.

NOTE: Absence of complete information will be deemed as if no support information was provided for that factor. Proposals which do not meet the minimum requirements of any non-price evaluation factors shall be determined to be UNACCEPTABLE and are not eligible for award consideration. NO assumptions may be made by the Government. Your proposal must clearly demonstrate the requisite experience to receive an acceptable rating for each of the following factors:

Table 2: Evaluation Factors: Location: Description:

Factor 1 Volume 1, Tab A Relevant Experience of Offeror Factor 2 Volume 1, Tab B Relevant Experience of Team Factor 3 Volume 1, Tab C Past Performance of Offeror

5.0 FACTOR 1 – Relevant Experience of Offeror:

5.1 Definitions for Factors 1.

For the purpose of Factor 1 the following definitions (characteristics) will apply:

Complexity means the many varied elements of work or sequencing of the work required for a project of this nature.

Magnitude means the dollar value of the project examples is equal to or greater than $12,000,000.

Scope means containing many of the elements of work and of physical size in terms of square feet, lineal feet, square yards, cubic feet, cubic yards, or tons of material. Elements of work include asphalt paving, underground telecommunications, electrical, steam lines, watermains, sanitary sewer and storm water treatment facilities, and landscaping.

Reference definitions from paragraph 3.1 for the terms “recent” and “similar.”

5.2 Submission Requirements for Factor 1 (The page limit for this factor is two (2) typewritten pages per project, single-sided):

The Offeror shall submit project experience for a minimum of two (2) and no more than three (3) recent construction projects demonstrating relevant experience as the Prime Contractor on projects with a construction value of at least $12,000,000. If more than three (3) projects are submitted, only the first three (3) will be evaluated, in the order they are presented in the proposal.

Offeror shall demonstrate specific minimum experience in the following areas:

Submitted project(s) must at a minimum demonstrate the Offeror as Prime Contractor on project(s) of similar scope, magnitude, and complexity as defined in paragraph 5.1.

Offeror must use Attachment 1, Offeror or Key Subcontractor Experience Form. Use one form for each project.

Offeror should describe each project with enough detail to ensure that the Government can meaningfully assess whether the project(s) submitted were recent and relevant to this project. Indefinite-Delivery, Indefinite Quantity (IDIQ) Contracts, where numerous Task Orders are summed up to meet the minimum construction dollar value identified herein, are not acceptable.

Notes:

If the Offeror is submitting any projects as a partner of a Joint Venture (JV), the DUNS and CAGE Code for each firm representing the JV must be included in the proposal. (See Attachment 1). Submit a copy of the fully executed Joint Venture Agreement (See Section 00 21 16 for details).

5.3 Rating Method and Standard for Factor 1– Relevant Experience of Offeror:

The Government reserves the right to verify the experience record of submitted projects by reviewing the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval system (PPIRS), when available.

Table 3 will be used to evaluate Factor 1:

Table 3: Technical Acceptable/Unacceptable Rating Method Rating: Description:

Acceptable: Proposal meets the requirements of the solicitation.

Unacceptable: Proposal does not meet the requirements of the solicitation.

A rating of Acceptable will be given if all the criteria for Factor 1 are met.

A rating of Unacceptable will be given if any of the criteria for Factor 1 is not met.

6.0 FACTOR 2 (Volume 1, Tab B) – Relevant Experience of Team:

6.1 Definitions for Factor 2:

For Factor 2 the following definitions (characteristics) will apply:

Complexity means the many varied elements of work or sequencing of the work required for a project of this nature.

Magnitude means the dollar value of the project examples is equal to or greater than $5,000,000.

Scope means containing many of the elements of work and of physical size in terms of square feet, lineal feet, square yards, cubic feet, cubic yards, or tons of material. Elements of work include asphalt paving, underground telecommunications, electrical, steam lines, watermains, sanitary sewer and storm water treatment facilities, and landscape.

Key Subcontractor means an entity other than the Prime who at a minimum directly performed at least 50% of all major or critical aspects of the work. The Key Subcontractor will be part of the team performing on this requirement. The Offeror must submit Attachment 2 (Letter of Commitment) for each Key Subcontractor which submitted project example(s) for evaluation.

Team is the prime contractor and its subcontracting firms, taken as a whole.

Reference definitions from paragraph 3.1 for the terms “recent” and “similar.”

6.2 Submission Requirements for Factor 2 (The page limit for this factor is three (3) typewritten pages per project, single-sided):

The Offeror shall submit project experience for a minimum of two (2) and no more than four (4) recent construction projects demonstrating relevant experience as the Prime Contractor, Offeror acting as a Key Subcontractor or performed by a proposed Key Subcontractor of projects with a construction value of at least $5,000,000. Offerors may resubmit projects from Factor 1 for Factor 2.

If more than four (4) project examples are submitted, only the first four (4) will be evaluated, in the order they are presented in the proposal.

Offeror shall demonstrate specific minimum experience in the following areas.

The submitted projects, when combined, must demonstrate experience in all three (3) areas indicated below. Note all three (3) areas do not necessarily need to be present in any one project. However, projects which do not demonstrate at least one of the three (3) areas will not be evaluated. An individual project is considered relevant if it at a minimum meets at least one of the following three (3) areas:

6.2.1 Demolition of existing buildings containing hazardous material and requiring abatement of similar scope.

6.2.2 Underground Utility construction or relocation with similar scope and complexity.

6.2.3 Asphalt or Concrete Paving with similar scope.

Table 4: “Example” Chart for Factor 2 Showing Specific Minimum Experience for Each Project:

Submitted Projects:

Demolition of ex. bldgs. containing hazmat and requiring abatement

Underground Utility construction or relocation

Asphalt or Concrete Paving

1 X X 2 X 3 X 4 X

Additionally, submit at least one representative photo or drawing with labels or marking of the document noting the especially relevant areas above.

Offeror must use Attachment 1, Offeror or Key Subcontractor Experience Form. Use one form for each project.

Offeror should describe each project with enough detail to ensure that the Government can meaningfully assess whether the project(s) submitted were recent and relevant to this project. Indefinite-Delivery, Indefinite Quantity (IDIQ) Contracts, where numerous Task Orders are summed up to meet the minimum construction dollar value identified herein, are not acceptable.

If the submitted project(s) were not self-performed by the Prime contractor, the Offeror must submit a “Letter of Commitment” for the Key Subcontractor(s) which will be completing work for this proposed project. (Please use Attachment 2 found at the end of this Section 00 22 00). Note: This is a requirement.

Any substitution of Key Subcontractor(s) after contract award will be subject to the approval of the Contracting Officer and must have qualifications and experience equal to or greater than those of the proposed Sub- Contractor(s).

6.3 Evaluation Method for Factor 2:

The Government reserves the right to verify the experience record of submitted…