RFP W912DW21R0018_4-5-2021.pdf

RFP No. W912DW21R0018

Seattle District

$95M IDIQ MATOC, DBB/DB UMMC, Small

MILCON, and Large FSRM Projects

Solicitation, Phase 1

100% Small Business Set-Aside

April 2021

PHASE 1 OF 2

Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Aw ard Task Order Contract (MATOC) for Design-Build (D-B) or Design-Bid-Build (D-B-B) Unspecif ied Minor Military Construction (UMMC), Small Military Construction (MILCON), and Large Facility Sustainment, Restoration, and Modernization (FSRM) Projects - USACE Seattle District

This Request for Proposal (RFP) involves Design-Build (D-B) and Design-Bid-Build (D-B-B) Construction and large Facility Sustainment, Revitalization and Modernization (FSRM) projects at military and federal installations supported by Seattle District, generally in the States of Washington, Oregon, Idaho and Montana. Competition for this contract is limited to all Small Business (SB) concerns. The North American Industry Classif ication System (NAICS) code is 236220 (Commercial and Institutional Building Construction), w ith a corresponding small business size standard of $39.5M. The MATOC w ill be aw arded w ith a three-year base period and a tw o-year option period. The aggregate value of all task orders aw arded under this MATOC w ill not exceed $95,000,000. The Government w ill use Tw o-Phase Design-Build Selection Procedures authorized by FAR 36.301.

This solicitation is a 100% Small Business set-aside

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

05-Apr-2021

(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

X

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 _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 May 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 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: TEL: FAX:

W912DW21R0018 99

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

W912DW21R0018

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

Request for Proposal (RFP) Phase 1 of 2

SECTION TITLE

Cover Page

SF1442

00 01 10 Table of Contents

00 10 00 Corporate Certificate Price Schedules (Provided in Phase 2 Amendment)

Not to Exceed, Fully Burdened Hourly Labor Rate Schedule Design Build Sample Project Price Schedule

00 10 10 Ordering Procedures for Task Orders

00 21 00 Solicitation Provisions

00 21 16 Instructions to Proposers and Provisions

00 22 16 Supplementary Instructions

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

00 72 00 General Conditions - Contract Clauses

00 73 00 Supplementary Conditions:

Special Contract Requirements

01 00 00 Technical Specifications (Provided in Phase 2 Amendment)

Design Build Sample Project Specification.

RETURN THE FOLLOWING WITH YOUR PROPOSAL:

Please see Submission Format in Section 00 22 16.

End Table of Contents

CORPORATE CERTIFICATE

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

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.216-27 Single or Multiple Awards OCT 1995 52.232-13 Notice Of Progress Payments APR 1984 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to five (5), but not to exceed eight (8), Indefinite Delivery Indefinity Quantity (IDIQ) Design-Build and Design-Bid-Build Multiple Award Task Order Contracts (MATOCs) resulting from this solicitation. Task orders issued will be Firm-Fixed-Price (FFP).

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

2014)

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

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

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

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

52.222-23 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

Current geographic specific goals can be obtained from the Office of Federal Contract Compliance

Programs website, https://www.dol.gov/ofccp

6.9%, Nationwide Goal

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" will be the State, county, and city where the Task Order work will be performed.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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.

52.225-12 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

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

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(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 Act-- 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 Act 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 Act 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 Act, 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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahrainian, Mexican, or Omani 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 other than Bahrainian, Mexican, or Omani 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

**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, 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.

**This provision is applicable at the task order level and may be applicable to Phase 2 of 2 of this solicitation**

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Seattle District ATTN: Roger D. Williams, Chief of Contracting P.O. Box 3755 Seattle, WA 98124-3755 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)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Site visits for specific Task Order work may be coordinated with each Task Order.

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

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

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

Section 00 21 16 - Instructions to Proposers

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1. GENERAL INFORMATION

2. GENERAL DESCRIPTION OF WORK

3. SMALL BUSINESS SIZE STANDARD/NAICS CODE

4. SUBJECT TO AVAILABILITY OF FUNDS

5. GOVERNMENT SECURITY REQUIREMENTS

6. COPIES OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS AND AMENDMENTS

7. BIDDER INQUIRY (PROJNET)

8. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

9. SITE VISIT

10. ACCURACY IN PROPOSAL

11. PROPOSAL SUBMITTAL

12. PROPOSAL FORMAT

13. JOINT VENTURE PROPOSAL REQUIREMENTS

14. MISTAKE IN PROPOSAL

15. POINT OF CONTACT (POC):

16. RFP PROVISIONS

1. GENERAL INFORMATION

This Request for Proposal (RFP) will be set-aside 100% for small business concerns under the NAICS 236220, Commercial and Institutional Building Construction.

a. Selection Procedure for Phase 1:

In Phase 1 of the 2 Phase selection process, the Offerors will submit capability/past performance proposal which demonstrate their ability to successfully execute task orders under a MATOC resulting from this RFP. The Government will evaluate the submittals in Phase 1 and invite up to a maximum of eight (8) most highly qualified Offerors to compete in Phase 2.

The following technical factors will be evaluated in Phase 1:

Evaluation Factor 1: Design and Construction Experience.

Evaluation Factor 2: Past Performance.

Note: There is no price proposal for Phase 1.

b. Invitation to Phase 2:

In Phase 2, an amendment will be issued to selected Offerors from Phase 1, inviting them to submit Phase 2 technical and price proposal for consideration. Failure to submit required information may result in the rejection of the entire proposal. The following factors will be evaluated in Phase 2:

Evaluation Factor 3: Technical Approach of the D-B Sample Project.

Evaluation Factor 4: Price of the D-B Sample Project.

The Government will carry Phase 1 evaluations forward into the Phase 2 evaluation. There is no separate submission of Phase 1 information required or allowed during Phase 2. The Government will consider both Phase 1 and Phase 2 submissions when determining which proposals provide the best value to the Government.

At the conclusion of Phase 2, the Source Selection Authority’s/Procuring Contracting Officer’s (PCO) intent is to award a target of five (5) contracts but not to exceed eight (8) contracts under this MATOC to the Offerors whose proposals offer the best value to the Government.

Offerors must submit a complete Phase 1 proposal to be considered for Phase 2. PHASE 1 DOES NOT INVOLVE

ANY SUBMISSION OF PRICING INFORMATION.

c. General Scope of the Phase 2, Design-Build (D-B) Sample Project:

i. Phase 2 Offerors will be required to submit proposals for a D-B Sample Project, which will be further detailed in Phase 2. The general scope of the D-B Sample Project is provided for informational purposes only and is subject to revision when the Phase 2 RFP is issued via amendment only to those Offerors selected in Phase 1.

ii. D-B Sample Project: This project will convert 4 buildings in the East Division area from central plant heating systems to individual, local heat sources at Joint Base Lewis-McChord (JBLM), WA. Buildings will be fitted with new natural gas fired boilers. This requires removal of existing heating equipment and installing new natural gas service lines, boilers, and ancillary equipment.

New mechanical space shall be constructed to accommodate the new equipment. The Contractor is responsible for providing all labor and materials to design and construct complete and functional heating systems for all buildings according to the Statement of Work.

2. GENERAL DESCRIPTION OF WORK:

Contract Title: $95M IDIQ MATOC, DBB/DB UMMC, Small MILCON, and Large FSRM Projects.

While the proposed MATOC focuses on use within NWS, the Government reserves the ability to allow use within the larger Northwest Division geographic boundaries on an as needed basis. The MATOC will have a base period of three years plus one two-year option period, sharing a total combined maximum contract capacity of $95M. The work contemplated under this contract will involve a broad range of new construction, repair, and renovation, and both DBB and DB task orders with an estimated project size between $250K and $15M.

Note: Please see Section 00 73 00 for detailed summary of scope.

3. SMALL BUSINESS SIZE STANDARD/NAICS CODE:

Please see FAR Clause 52.204-8 for the small business size standard / NAICS Code of this acquisition.

4. 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.

5. 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; bids, modifications to bids, proposals, revised proposals, 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.

Note: Refer to paragraph 12 for submittal requirements.

6. COPIES OF RFP DOCUMENTS AND AMENDMENTS:

Only the Phase 1 RFP documents will be posted to the beta.sam.gov website, the official U.S. Government website for people who make, receive, and manage federal awards. Only vendors selected in the next phase will be issued by amendment, the Phase 2 documents.

It shall be the Offeror’s responsibility to check the website for any Phase 1 documentations/amendments. Have you acknowledged receipt of ALL Amendments in your proposal? If in doubt as to number of amendments issued, please review the beta.sam.gov posting. If any of the Amendments provided amended proposal pages, the amended proposal pages must be used in submitting your proposal.

Interested Vendors List - Please log-in beta.sam.gov and search for this RFP number for the exact “contract opportunity page” to find the Interested Venders List. This is the only vender list available for this opportunity.

7. BIDDER INQUIRY (PROJNET):

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: W912DW21R0018.

e. The Bidder Inquiry Key is: 775PZT-JK5TW7.

f. The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the RFP, if necessary.

g. Offerors are requested to review the RFP in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

h. 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.

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

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.

9. SITE VISIT:

There will not be a scheduled site visit for Phase 1 of 2.

10. ACCURACY IN PROPOSAL:

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.

11. PROPOSAL FORMAT:

Your proposals shall be submitted with a table of contents and tabbed section dividers.

Proposal Format for Phase 1:

See Box 13 in the SF1442 above for when the Phase 1 proposal is due. Check each posted amendment (if applicable) for revised due date of your proposal.

See Section 00 22 16 Phase 1 of 2 for the technical criteria for your project examples. THERE IS NO PRICE

PROPOSAL FOR PHASE 1.

A. Phase 1 Technical Proposal:

The Offeror’s Technical Proposal should include the following sections, in the general format specified below in separate tabs:

1) Tab 1, Cover Letter: The proposal’s cover letter should be the first page and contain the following:

a. RFP Number.

b. Name, title, address, email, and telephone number of the Offeror.

c. Offeror’s Cage Code and DUNS number.

d. Names, titles, emails, and telephone numbers of persons authorized to negotiate on the

Offeror’s behalf with the Government in connection with this RFP.

e. Name, title and signature of the person authorized to sign the proposal.

f. A statement specifying agreement with all terms, conditions and provisions included in the

RFP.

2) Tab 2, Table of Contents: The Table of Contents should list all sections contained in the proposal.

3) Tab 3, Technical Data for Evaluation: The Technical Data section should consist of all information required in Section 00 22 16 of the RFP. This section should be specific and complete, demonstrating a thorough understanding of the requirements. It should include, where applicable, diagrams and/or charts. It should include complete explanations of procedures and proposed programs, as well as the demonstration of the merit of the offered technical approach. It should demonstrate both factor requirements. It should be an orderly, specific, and complete document in every detail. (Please provide a separate section for each evaluation Factor).

Evaluation Factor 1: Design and Construction Experience Evaluation Factor 2: Past Performance

Page limitations for Factor 1 and Factor 2 are shown in Table 1, below. Tables of Content, Dividers, and blank pages are not included in the page limitations and should not be numbered.

Do not submit cover sheets or cover letters for any Evaluation Factor. They will not be reviewed or evaluated.

Table 1

Evaluation Factor Title Page Limitation

1 Design and Construction Experience 3 pages per project, single-sided, and 1 page of photos or other images

2 Past Performance CPAR or completed PPQ for each submitted example project (no page limit)

Pages for each factor should be separately and sequentially numbered (i.e., the first page submitted for evaluation for each factor should be “1”). Submit offerors on 8-1/2 by 11-inch pages with 1” minimum margins and minimum 10-point font. This includes pages containing diagrams, charts, and tables.

Pages that exceed the page limitations for any factor will not be reviewed and the information contained on those pages will not be considered for evaluation. Page limitations are per factor, i.e., an Offeror may not reduce the page count for one factor in order to submit additional pages for another factor. Pages will be reviewed in the order they are presented in the proposal.

4) Tab 4, Required Documents:

1) Representations, Certifications and Other Statements of Offerors - Ensure they are updated in SAM at https://www.sam.gov/.

2) Pre-Award Information Page – See back of Section 00 45 00

3) Corporate Certificate

4) Joint Venture Agreement (If applicable)

Note: There is no page limit for these required documents.

Providing additional information, which is not requested, may be viewed as a lack of cost-consciousness, and may not enhance a proposal’s chance for success. The ability to convey information as succinctly as possible is encouraged.

12. PROPOSAL SUBMITTAL:

In strict compliance with guidance relating to the current situation with COVID-19 and social distancing, the only authorized transmission method for the complete proposals in response to this RFP is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE OR HAND CARRIED, ETC.)

WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the RFP. The Offeror shall send their complete proposal using the following link:

https://safe.apps.mil

Please send the proposals using the link above to Contract Specialist, John Scola at john.p.scola@usace.army.mil AND to Contracting Officer, Caroline B. Mueller at caroline.b.mueller@usace.army.mil.

Instructions for Submitting Electronic Proposal:

To reduce paperwork and cost, your proposal shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB).

If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Request for Upload Code:

Offerors must email the Contract Specialist, John Scola at john.p.scola@usace.army.mil AND to Contracting Officer, Caroline B. Mueller at caroline.b.mueller@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site.

Offerors which fail to e-mail for a request code five (5) working days before the proposal submission date may not be able to receive a request code in time to upload their submission.

File Description:

Include a “File Description” for each file(s) you upload. The “File Description” will be included in the e-mail notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identifiable Information (PII) in the File Description).

(Submission shall be in Adobe PDF format)

Instructions to Follow on the SAFE Website:

1. Once at the SAFE website, select the “Drop-Off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and e-mail settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the e-mail address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is John Scola at john.p.scola@usace.army.mil AND the Contracting Officer is Caroline B. Mueller at caroline.b.mueller@usace.army.mil. The e-mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the e-mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional e-mail address if desired. After entering the e-mail address, click the ADD button to add the person(s) e-mail to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTES:

Please do NOT send the SAFE site packages to group e-mail accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your e-mail address. Entering an incorrect e-mail may result in the rejection of your submission for lateness. The Proposer can confirm proper submission by the “Drop-Off Completed” screen which generates based on proper file submission.

It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

Receipt of Submissions:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into…