RFP W912DY21R0037.pdf

Project: Design-Build for General Facility Repairs - Building 2324 Patch Barracks

The cost magnitude of this project is $1,000,000 and $5,000,000.

This acquisition is solicited full and open under NAICS 236220.

Questions concerning this project shall be submitted in Projnet via Bidder Inquiry: 4WW7FE-EUIJA8

MEGAN BRANTLEY 256-895-1184

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-May-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

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 _______1 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________

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 ______________03 Jun 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 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 _______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

US ARMY ENGINEERING & SUPPORT CENTER

HUNTSVILLE ENGINEERING & SUPPORT CENTER

P.O. BOX 1600

HUNTSVILLE AL 35807-4301

W912DY

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912DY21R0037 17

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

W912DY21R0037

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1-Phase 1

Proposal Submission Requirements

Attachment 2 P1-Attachment 1- Proposal Data Sheet

Attachment 3 P1-Attachment 2- Specialized Experience

Attachment 4 P1-Attachment 3-Past Performance Questionnaire (PPQ)

Attachment 5 P1-Attachment 4-Key Personnel Resume

Attachment 6 P1-Attachment 5-Letter of Committment for Key Personnel

Attachment 7 Attachment 2-Phase 2 Proposal Submission Requirements

Attachment 8 Statement of Work 05-MAR-2021 Attachment 9 Division 01 Specs

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Bid 1 - Mandatory Quarantine

FFP

Base Bid 1_ COVID-19: Mandatory 10-Day Quarantine as described in Task 1 in accordance with the attached Statement of Work (SOW) dated 05 March 2021.

FOB: Destination

PSC CD: Y1JZ

NET AMT

0002 1 Job Base Bid 2 - Design

FFP

Base Bid 2_ Provide Design_ General Facility Repairs to DIA Building 2324 Patch Barracks. This effort includes HVAC System Replacement and Commissioning, New Office Requirements, Carpet Replacement, Ceiling Replacement, Latrine Renovation, Interior Wall Repairs, and Kitchen Renovation for DIA Building 2324 Patch Barracks as described in Task 2a-g in the attached Statement of Work (SOW) dated 05 March 2021.

0003 1 Job Base Bid 3 - Construction Task

FFP

Base Bid 3_Provide Construction_ General Facility Repairs to DIA Building 2324 Patch Barracks. This effort includes HVAC System Replacement and Commissioning, New Office Requirements, Carpet Replacement, Ceiling Replacement, Latrine Renovation and Interior Wall Repairs for DIA Building 2324 Patch Barracks as described in Task 2a-g in the attached Statement of Work (SOW) dated 05 March 2021.

0004 1 Job Base Bid 4 - Design, P&I and Furniture

FFP

Base Bid 4_Provide Design, Procurement and Installation_ Systems Furniture Replacement to DIA Building 2324 Patch Barracks. This effort includes design, procurement and installation of Systems Furniture for DIA Building 2324 Patch Barracks as described in Task 4 in the attached Statement of Work (SOW) dated 05 March 2021.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 GOVERNMENT SECURITY REQUIREMENTS

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4 OFFERORS QUESTIONS AND COMMENTS

1.5 SMALL BUSINESS SIZE STANDARDS/NAICS CODE

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.7 ACCURACY IN PROPOSALS

1.8 PROPOSAL SUBMITTALS

1.9 PRICING

1.10 EVALUATION CRITERIA

1.0 GENERAL INFORMATION

This is a two-phase competitive solicitation for a design-build project for general facility repairs at Patch Barracks- Building 2324, Stuttgart, Germany.

The Government’s disclosure of magnitude for this requirement in accordance with FAR 36.204 is between $1,000,000 and $5,000,000.

1.1 GENERAL DESCRIPTION OF WORK

The objective for this Statement of Work (SOW) is to provide all management, materials, labor and equipment for repairs to the existing area of Building 2324 Patch Barracks occupied by the Defense Intelligence Agency (DIA) in Stuttgart, Germany. Contractor shall perform work in phases to accommodate the ongoing operations within the space and shall be coordinated with the Government in advance during the design phase. The repair scope includes but is not limited to HVAC System Replacement and Commissioning, Systems Furniture Replacement, New Office Requirements, Flooring Replacement, Ceiling Replacement, Latrine Renovation, Occupancy sensors in each room and Interior Wall Repairs and all necessary architectural, mechanical, plumbing and electrical repairs and modifications.

1.2 GOVERNMENT SECURITY REQUIREMENTS

RESERVED

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the BetaSAM website at: https://beta.sam.gov/ under solicitation number

W912DY21R0037.

It shall be the contractor’s responsibility to check the websites for any amendments. The Offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.4 OFFERORS QUESTIONS AND COMMENTS

All questions and/or comments related to the Statement of Work should be posted in ProjNet (https://www.projnet.org/) under the following Bidder Key: 4WW7FE-EUIJA8 no later than 20 calendar days prior to the proposal due date, in order that they may be given consideration or actions taken prior to receipt of offers. Instructions for registering in the ProjNet Bidder Inquiry system are available on the above website.

All other correspondence related to this RFP can be submitted via email to the Contracting Officer and Contract Specialist identified below. Discussions or information obtained from sources other than those identified in this section will render the contractor ineligible for award if deemed a conflict of interest or a violation of the Procurement Integrity Act.

Contracting Officer: Katrena Winchester, Katrena.H.Winchester@usace.army.mil Contract Specialist: Megan Brantley, Megan.N.Brantley@usace.army.mil

1.5 SMALL BUSINESS SIZE STANDARD / NAICS CODE

The small business NAICS Code / size standard for this requirement is: 236220 / $36.5M

1.6 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.

1.7 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.

1.8 PROPOSAL SUBMITTALS

Offerors shall submit proposals in electronic (.pdf) format. Proposal will be received via e-mail or DoD SAFE (https://safe.apps.mil/) to the email addresses listed below.

Katrena.H.Winchester@usace.army.mil Megan.N.Brantley@usace.army.mil

Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on SF30. Email bid bonds to the email addresses listed above. The phase 1 proposal submission shall be marked “Solicitation Number: W912DY21R0037 – Phase 1” and shall include the following:

1. Proposal Cover Sheet with Point of Contact Information Listed. Please identify the primary and alternate points of contact (POCs) for this effort to name, office telephone numbers, mobile telephone numbers, and e-mail address.

2. Signed SF 1442

3. Phase 1 Technical Proposal

Offerors are cautioned that due to USACE file size limitations (20mb per email), and email security protocols, there is a risk that not all correspondence will be received by this office. It is the responsibility of the offeror to ensure receipt of all email correspondence on time. If receipt has not been acknowledged prior to the due date/time, please contact the Contract Specialist for confirmation.

1.9 PRICING

PHASES 1 DOES NOT INVOLVE PRICING SUBMISSION

1.10 EVALUATION CRITERIA

For Phase 1, refer to Attachment 1 – Phase 1 of 2: PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

For Phase 2, refer to Attachment 2 – Phase 2 of 2: PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-8 Annual Representations and Certifications MAR 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUL 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2020 252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation JUN 2020 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-28 Preparation of Proposals--Construction OCT 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 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

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7044 Balance of Payments Program--Construction Material--Basic NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.227-7033 Rights in Shop Drawings APR 1966 252.229-7001 Alt I Tax Relief (APR 2020) - Alternate I APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.246-7002 Warranty of Construction (Germany) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 1 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 days after NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $795 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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)

52.228-1 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.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve (12) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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-- To be provided with Phase 2 amendment.

(c) Participants will meet at-- To be provided with Phase 2 amendment.

UAI 5152.236-9011

UAI 5152.236-9011, Design-Build Construction Contracts (MAR 2019)

(a) Design-Build Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon theterms of that agreement.

(1) In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i.Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the Solicitation.

ii.The requirements of the Solicitation. (See also FAR 52.236-21, Specifications and Drawings for Construction) iii.All other elements of the accepted proposal.

iv.Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

(c) Responsibility of the Contractor for Design. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(1) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(3) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(4) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

(d) Contractor's Role during the Design Process. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(e) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped-and-sealed and Government-reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to non-concur with any revision to the final design that has been released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(3) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(4) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

(f) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 52.248-3, Value Engineering - Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(1) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(2) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements, which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(3) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

(g) Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

(1) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(2) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose or host nation law, as applicable to the place of construction performance.

(3) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

(h) Government Re-Use of Design. In conjunction with the Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7022, Government Rights (Unlimited), the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and record drawing documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

ATTACHMENT 1

Phase 1 of 2: PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF

AWARD

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL SUBMISSION INSTRUCTIONS AND EVALUATION

FACTORS

4.0 TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 TAB B – FACTOR 1 SPECIALIZED EXPERIENCE

6.0 TAB C – FACTOR 2 PAST PERFORMANCE

7.0 TAB D – FACTOR 3 ORGANIZATION AND TECHNICAL APPROACH

PHASE 1 ATTACHMENTS:

1 – PROPOSAL DATA SHEET

2 – SPECIALIZED EXPERIENCE

3 – PAST PERFORMANCE QUESTIONNAIRE (PPQ)

4 – KEY PERSONNEL RESUME

5 LETTER OF COMMITMENT FOR KEY PERSONNEL

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

(Phase 1 of 2)

1.0 OVERVIEW OF PHASE 1

This is a two-phase competitive solicitation for a firm, fixed-price contract, which will be awarded using the Best Value Trade-Off Process.

Phase 1. The first phase consists of a process known in commercial design-build as the “Request for Qualifications” or the acronym: “RFQ”. This solicitation refers to it as “Phase 1”. In Phase 1 of the 2 Phase design- build selection procedure, interested firms or joint venture entities (referred to as “Offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will select no more than three (3) of the highest rated Phase 1 Offerors to compete for the design-build contract in Phase 2.

The Phase 1 proposal must describe the capability of the Offeror to perform the work, describe the Offeror’s understanding of the requirements contained in the Statement of Work and set forth full, accurate, and complete information as required by the RFP. The proposal should be prepared simply and economically and be legible, clear, and coherent.

Phase 2. In Phase 2, the selected Offerors will submit preliminary technical-design proposals, including identification of key subcontractors, the proposed contract duration, a preliminary schedule, plus a price proposal in response to the Phase 2 Request for Proposal. The final evaluation rating used for comparison, selection, and award will reflect both the rating received in Phase 1 and the evaluation rating received in Phase 2.

2.0 GENERAL INSTRUCTIONS

Proposals will be received until the date and time indicated on Standard Form 1442 at the address shown in Section

00 21 16 INSTRUCTIONS TO OFFERORS

The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary to determine the most highly qualified offerors to participate in Phase 2.

Award will be made to the proposal offering the best value to the Government, price and other factors considered.

Offerors will also be evaluated on the extent they follow RFP proposal submission instructions as they pertain to the evaluation factors.

WHAT TO SUBMT: The Phase 1 proposal shall consist of the following:

1. Submit a cover letter containing: Solicitation number; Name, email and phone number(s) of the offeror;

Name, title, email and phone number(s) of the persons authorized to negotiate on the offeror’s behalf with the Government in connection with this RFP; a statement specifying agreement with all terms, conditions and provisions included in the RFP; Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

2. The completed Section 00 45 00 of the RFP (Representations and Certifications)

3. Letter from Surety stating offeror is capable of providing a Bid Guarantee in Phase 2 as required in FAR 52.228-1.

4. Phase 1 Proposal Submission documents described in the Proposal Submission Instructions detailed below.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section.

The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

Phase 1 proposal materials shall be submitted in PDF file format using Adobe Acrobat software. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8- 1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative paper sizes (e.g., 11” x 14” or 11” x 17” sheets) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers.

Phase 1 proposals shall not exceed 20 single-sided pages, excluding the cover sheet and Table of Contents. Factor 2

– Past Performance will not be counted towards this page limitation, nor will the resumes submitted for key personnel. The Government will not evaluate any information beyond the page limitation noted. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

The technical proposal will be appropriately organized using the tabs specified in the chart below. A cover sheet identifying the Offeror (name, address, point of contact), project description, and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration.

Each Volume of the proposal shall be identified by the Solicitation Number (W912DY21R0037), project title (Building 2324 Renovation, Stuttgart, Germany), name, address, and telephone number of the Offeror, and the following on the volume in bold letters:

Phase 1 Volume 1: TECHNICAL PROPOSAL

3.0 PHASE 1 PROPOSAL SUBMISSION INSTRUCTIONS AND EVALUATION

FACTORS

Location Factor Number Description Relative Importance Tab A SF 1442 and Proposal Data Sheet N/A Tab B Factor 1 Specialized Experience Most Important Factor Tab C Factor 2 Past Performance 2nd Most important factor Tab D Factor 3 Organization and Technical

Approach 3rd Most important factor

4.0 TAB A – STANDARD FORM 1442

Submit the SF 1442, completed and signed by a person authorized by the Offeror. Include the completed proposal data sheet (See attachment 1, provided at the end of this Section). If the offeror is a Joint Venture (JV), include a copy of the JV agreement. JV Agreements must clearly indicate the percentages of the JV participants, in particular the percent of the controlling party, and a clear delineation of responsibilities and authorizes between the JV parties.

If the offeror has teaming agreements and/or letters of commitment, please include under this tab.

5.0 TAB B – FACTOR 1: SPECIALIZED EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

The prime contractor shall demonstrate recent, relevant experience on similar projects, using Construction – Specialized Experience form – (Attachment 2) at the end of the section. Offerors shall demonstrate the experience described in the Technical Element Criteria listed below. Experience with each element shall be demonstrated in at least one of the submitted projects. Offerors may identify state and local government and private contracts that are similar to the Government’s requirements. If the offeror is a joint venture, each firm shall provide information, demonstrating experience relevant to their role on this project. Submit projects that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer than five (5) years preceding the date of this Solicitation. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer or by the team member. If projects were design-build, so identify them. Prime contractor must submit at least two renovation or construction projects executed in a secure facility in accordance with Intelligence Community Directive (ICD) 705, Technical Specifications for Construction and Management of Sensitive Compartmented Information Facilities. These projects must include a combination of architectural, mechanical, electrical, plumbing, and systems furniture replacement, and a value of $2 million or greater. The prime contractor shall submit at least Three (3) projects but no more than Five (5) projects.

The offeror should describe any previous teaming experience between current team members, if not described in the project list. Offeror may describe design-build experience on other type projects. The above information is limited to projects that are well underway or that have been completed and turned over no longer than the past five (5) years preceding the date of this solicitation.

Technical Element Criteria:

a) Element 1: Offeror shall demonstrate experience with design-build construction projects.

b) Element 2: Offeror shall demonstrate experience with design-build construction projects using ICD 705.

c) Element 3: Offeror shall demonstrate experience with Projects Designed for and Constructed on OCONUS Military installations.

d) Element 4: Offeror shall demonstrate experience with Projects with a value of $2 million or greater.

e) Element 5: Offeror shall demonstrate experience managing projects with multiple phases on a secure site.

5.2 EVALUATION CRITERIA:

The relative strengths, weaknesses and deficiencies will be evaluated for Specialized Experience. Based on the evaluation, the Government will assign a combined technical/risk rating for Factor 1 (elements will not be individually weighted or rated) in accordance with the table below. The Government will evaluate the extent of recent, related experience of the prime contractor in construction or design-build construction for this project. The Government will place greater importance on projects performed as a prime contractor than as a subcontractor.

Combined Technical/Risk Ratings

Rating Description

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies. Proposal is un-awardable.

The Offeror must submit the requested information to demonstrate a record of recent, related experience in construction or design-build construction, for the facility types (which may include similar state or local government or private counterparts) included in this contract. Recent experience includes projects well underway (see above criteria) or those completed and turned over within five (5) years of the proposal issue date for this RFP for construction or design-build construction experience. Joint Venture partners should each demonstrate experience commensurate with their role on this project.

The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Contractor Performance Assessment Reporting System (CPARS), other DOD or Government appraisal systems or to interview owners or references. The Government may check any or all cited references to verify supplied information.

The Government will consider extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this project may include, but not be limited to:

(1) Number, size, type work, complexity, location

(2) Dates (well under way or completed no more than 7 years preceding date of Solicitation)

(3) Firm's role and extent of work self-performed (brokering out all work and simply “pouring the sidewalks” on a cited project are examples of less relevant experience)

The Government may consider previous D-B experience, even if the experience is on different type projects than this project. Similarly, the Government may consider previous recent teaming experience among the team members as value added, even if on different type design and/or construction projects than this project. The more relevant the experience, the more credit will be given.

6.0 TAB C – FACTOR 2: PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

For each of the projects submitted under Factor 1, the offeror shall submit copies of Federal/DoD/Navy/Army performance reviews (i.e. Contractor’s copy of CPARS evaluation). For each project under Factor 1 that does not have a CPARS evaluation, offerors shall provide a Past Performance Questionnaire form PPQ-0 (Attachment 3) to a representative of the owner/client that can provide the owner’s opinion of the offeror’s past performance for the project. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should organize all Past Performance Information based on the Factor 1 Projects, which normally have project titles and are numbered 1-5, so that reviewers can match the owner’ s opinion with the corresponding Factor 1 Project.

There is no page limit for this factor.

Form PPQ-0 shall be utilized and offerors shall submit the PPQ to clients to complete for their proposal submission to the Contracting Office. Questionnaires shall be submitted directly from the client to the Government’s point of contact, Megan Brantley via email Megan.N.Brantley@usace.army.mil prior to proposal closing date. The offeror is responsible for ensuring that the completed questionnaires are submitted by the closing date. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the offeror is unable to ensure a completed PPQ from a client for a project(s) is submitted before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s).

The Government may contact and interview the owner’ s representative on the Past Performance questionnaires and reserves the right to interview other individuals acting for the owner’s representative if the owner’s representative is not available.

In addition to the above, the Government may obtained past performance information from any other sources available to the Government, to include, but not limited to, the Contractor Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and other Government sources.

To improve accuracy of database searches, the offeror shall also provide the CAGE Codes for the prime contractor and all teaming partners, i.e. design firms, key subcontractors, Joint Venture Partners, whose experience is being relied on in Factor 1.

Joint Venture Submission Requirements.

Offerors submitting proposals as a Joint Venture (JV) shall obtain a DUNS number and be registered in the CCR as the…