Solicitation_W9126G21R0013_VA NCA_DFW_16Dec20.pdf

Design-Bid-Build Request For Proposal

DFW Columbarium, Committal Shelter, and Cortege Lane Dallas-Fort Worth National Cemetery, Dallas, TX

SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS

SET ASIDE

W9126G21R0013 November 2020

US Army Corps of Engineers Fort Worth District

DFW Columbaria, Committal Shelter, and Cortege Lane VADFW9000

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.02 CONTRACT LINE ITEM SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 11 EVALUATION CRITERIA TRADEOFF PROCESS PROPOSAL PREPARATION

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION SCHEDULE

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 44 CONSTRUCTION SCHEDULE

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 45 35 SPECIAL INSPECTIONS

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 56 00.00 44 DUST CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 57 24.01 44 STORM WATER POLLUTION PREVENTION PLAN (TEXAS)

01 57 25.00 44 SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM

01 58 00 PROJECT IDENTIFICATION

01 71 23.00 44 SURVEY, LAYOUT, AND OTHER DATA

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

01 81 13 SUSTAINABLE CONSTRUCTIONN REQUIREMENTS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION AND SITE CLEARING

DIVISION 03 - CONCRETE

03 15 00.00 10 CONCRETE ACCESSORIES

03 30 53 (SHORT-FORM) CAST-IN-PLACE CONCRETE

03 48 24 PRECAST CONCRETE COLUMBARIUM UNITS

DIVISION 04 - MASONRY

04 05 13 MASONRY MORTARING

04 05 16 MASONRY GROUTING

04 20 00 UNIT MASONRY

04 43 00 NATURAL STONE VENEER

04 72 00 CAST STONE MASONRY

04 73 00 COLUMBARIUM NICHE COVERS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

PROJECT TABLE OF CONTENTS Page 1

06 20 00 FINISH CARPENTRY

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 13 52 MODIFIED BITUMINOUS SHEET WATERPROOFING

07 41 13 STANDING SEAM METAL ROOFING

07 53 23 EDPM FLASHING

07 60 00 FLASHING AND SHEET METAL

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 33 00 COILING DOORS

DIVISION 09 - FINISHES

09 06 00 SCHEDULE FOR FINISHES

09 91 00 PAINTING

DIVISION 10 - SPECIALTIES

10 14 00 EXTERIOR SIGNAGE

10 81 13 BIRD CONTROL DEVICES

DIVISION 26 - ELECTRICAL

26 00 00.00 20 BASIC ELECTRICAL MATERIALS AND METHODS

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 41 00 LIGHTNING PROTECTION SYSTEM

26 56 00 EXTERIOR AND INTERIOR LIGHTING

DIVISION 27 - COMMUNICATIONS

27 55 00 TAPS PLAYER SYSTEM

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 NON-WOVEN GEOTEXTILE

31 11 00 CLEARING AND GRUBBING

31 63 26 DRILLED CAISSONS

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 19 FIELD MOLDED SEALANTS FOR SEALING JOINTS IN RIGID

PAVEMENTS

32 11 23 AGGREGATE BASE COURSE

32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND SITE

FACILITIES

32 16 13 CONCRETE SIDEWALKS AND CURBS AND GUTTERS

32 17 23.00 20 PAVEMENT MARKINGS

32 30 00 SITE FURNISHINGS

32 84 00 PLANTING IRRIGATION

32 90 00 PLANTING

DIVISION 33 - UTILITIES

33 11 00 WATER DISTRIBUTION

33 40 00 STORM DRAINAGE UTILITIES

PROJECT TABLE OF CONTENTS Page 2

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 3

APPENDIX

APPENDIX A JUSTIFICATION AND APPROVAL FOR BRAND NAME

COLUMBARIUM, COMMITTAL SHELTER, AND CORTEGE LANE

VETERAN ADMINSTRATION (VA) NATIONAL CEMETERY, DALLAS, TX

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

Design-Bid-Build

Firm-Fixed Price Award IAW FAR 15 Best Value "Tradeoff Process"

NAICS CODE: 237990

FAR 36.204(g) - Magnitude of Construction is between $5,000,000 - $10,000,000

Point of Contact: Clyde Gardner, E-mail: clyde.l.gardner@usace.army.mil

CLYDE GARDNER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

16-Dec-2020

(RFP)

(IFB)

X

CALL:

Columbarium, Committal Shelter, Cortege Lane, DFW National Cemetery

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

CALLS) 817.886.1211

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 _______10 calendar days and complete it w ithin ________480 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time 29 Jan 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 _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

475848

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

(817) 886-6403FAX:TEL: TEL: FAX:

W9126G21R0013 1 OF 234

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

Section: 00 11 00 W9126G21R0013

Item Unit Line Item No. Description Quantity Unit Price Amount

0001 Construction of Columbarium F (North Court) including the retaining wall, site work, irrigation, signage, and all other incidentals and also the modifications for the Memorial Wall at the existing Columbarium C.

1 JOB $ *** $

0002 Construction of Shelter including site work, irrigation, signage, and all other incidentals.

1 JOB $ *** $

0003 18-inch diameter drilled caissons (Qty.

39) with 48-inch bell bearing approximately 20 feet below finished floor elevation. 780 VLF $ $

OPTIONS

0004 OPTION 01: Construction of Columbarium G (South Court) including site work, irrigation, signage, and all other incidentals.

1 JOB $ *** $

0005 OPTION 02: Construction of Cortege Lane including site work, irrigation, signage, and all other incidentals.

1 JOB $ *** $

Contract Duration in Calendar Days After the Notice to Proceed is received.*

DAYS

*Note: Contract duration for all work shall NOT exceed the duration specified in Section 01 00 00.00 44

GENERAL REQUIREMENTS.

TOTAL ALL OPTIONS

TOTAL OFFER (BASE + OPTIONS)

Fort Worth National Cemetery, Dallas, TX

CONTRACT LINE ITEM SCHEDULE

DFW Columbarium, Committal Shelter, and Cortege Lane

FY 20

TOTAL BASE OFFER

Section: 00 11 00 W9126G21R0013

DFW Columbarium, Committal Shelter, and Cortege Lane

FY 20

Fort Worth National Cemetery, Dallas, TX

CONTRACT LINE ITEM SCHEDULE

NOTES:

NOTE NO. 1. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

NOTE NO. 2. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(a) 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).

(b) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

NOTE NO. 3. EXERCISE OF OPTIONS

The Government reserves the right to exercise the option(s) by written notice to the Contractor either singularly or in any combination for up to 180 calendar days after Notice to Proceed (NTP) without an increase in the Offeror's Proposal Price. Completion of added items shall continue at the same schedule as the Base Proposal unless otherwise noted in Section 01 00 00.00 44 CONSTRUCTION SCHEDULE, paragraph 1 entitled SCHEDULE.

NOTE NO. 4. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. JOB

NOTE NO. 5. The Government does not pay profit on bonds or insurance.

END OF CLIN SCHEDULE

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 OFFEROR'S QUESTIONS AND COMMENTS

1.3. SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.4 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.5 ACCURACY IN PROPOSALS

1.6 PROPOSAL FORMAT

1.7 GENERAL INSTRUCTIONS

1.8 PROPOSAL SUBMITTAL

1.9 BID GUARANTEE

1.10 CONTRACT PRICES - BIDDING SCHEDULE

1.0 PART I – GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

The scope of the Design-Bid-Build (DBB) construction project includes all work required for the DFW Columbaria, Committal Shelter, & Cortege Lane at Dallas Fort Worth National Cemetery, Dallas, Texas, consisting of (3) Base CLINs and (2) Option CLINs. The Base CLINs include the construction of a Columbarium F (North) and retaining wall, committal shelter, and drilled caissons, including site work and improvements, irrigation, landscaping and all incidentals and related work per the drawings and specifications. The Option CLINs includes Construction of Columbarium G (South Court) and Cortege Lane including site work, irrigation, signage, and all other incidentals per the drawings and specifications. The work shall be in accordance with the Request for Proposal documents.

Proposed project will be a competitive, firm-fixed price contract, procured in accordance with fair opportunity process using FAR Part 15 Best Value "Trade-off Process".

1.1.1. This will be a negotiated acquisition; there will be no public bid opening.

1.1.2. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and all amendments are available by INTERNET ACCESS ONLY. All solicitation documents and amendments will be posted on beta.SAM.GOV website at https://beta.SAM.gov/ and Offeror can access solicitation documents by solicitation number without dashes (W9126G21R0013).

1.1.3. It is solely the Contractor’s responsibility to check the https://beta.SAM.gov/ website for the solicitation and any amendments prior to the RFP closing date. The Offeror shall submit in its proposal all requested information as specified in Section 00 22 11 below of this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.1.4. Additional information regarding this solicitation and potential Offerors (i.e., interested vendors list) and/or subcontractors will be available beta.SAM.GOV website under the solicitation number.

1.2. OFFEROR'S QUESTIONS AND COMMENTS

1.2.1 Bidder Inquiry

1.2.2. 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.

1.2.3. 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 solicitation 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 click to continue.

1.2.4. From this page you may view all bidder inquiries or add inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as single inquiries.

1.2.5. 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.

1.2.6. The Solicitation Number is: W9126G21R0013

1.2.7. The Bidder Inquiry Key is: R98SRK-3F8PEW

1.2.8. The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. If the System is not closed in a timely manner, an inquiry posted within seven calendar days of the receipt of proposals will still be regarding as untimely and will not afforded a substantive response.

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

1.2.8.2. The bidder 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.

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

1.3. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) for the small business size standard/NAICS Code.

1.4. 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 by the Offeror in the preparation and submission of its proposal or revisions.

1.5. ACCURACY IN PROPOSALS

Proposals must set forth with full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18U.S.C.1001.

In accordance with the FAR, no award shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures have been met.

1.6. PROPOSAL FORMAT

1.6.1. REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS

1.6.1.1. The Price Proposal and the Technical Proposal must be submitted electronically as separate electronic files.

Ensure that each separate electronic file is clearly marked Price Proposal” and “Technical Proposal” with the name of the offeror and the date specified for receipt of proposals. Information within each file shall be organized sequentially under the specified Tabs to facilitate evaluation.

1.6.1.2. Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals.

1.6.1.3. No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

1.6.1.4. All information intended to be evaluated as part of the Technical Proposal must be submitted within the Technical Proposal file. Do not cross-reference similar material in the Price Proposal, or vice versa. Do not include links to websites in lieu of incorporating information into your proposal. Do not submit excess information, to include audio- visual materials, electronic media, etc.

1.7. GENERAL INSTRUCTIONS

1.7.1. All pages must be numbered.

1.7.1.2. Submit only the information/documents specifically required.

1.7.1.3. 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.

1.7.1.4. The proposals must be organized by the Tabs indicated in this section.

1.7.1.5. “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors— Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

1.7.1.6. In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work under the prospective contract.

1.7.1.7. For submissions with page limitations, the pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are not included in the page limitation.

1.8. DIRECTIONS FOR SUBMITTING PROPOSALS

1.8.1. Proposals can be submitted via the DoD Safe APP at: https://safe.apps.mil. No Later Than Friday, 29 JAN 2021 at 1:00 PM (CT). LATE PROPOSALS WILL NOT BE ACCEPTED.

1.8.1.2. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR 52.214-18).

Acknowledgement of all Amendments, completed CLIN schedule, and a copy of the original Bid Bond.

1.8.1.2.1. When completing the information for transmittal at the DoD SAFE website, notification MUST be submitted to the Contract Specialist, Clyde Gardner at: clyde.l.gardner@usace.army.mil and the Contracting Officer, Robert M. Duran at: robert.m.duran@usace.army.mil.

1.8.1.2.2. In order for an outside user (the contractor) to submit a proposal for the solicitation, they must receive a drop-off request from an inside user (the government). When the inside user generates a drop-off request for you, you will receive an email with a link to submit your drop-off. Optionally, the Government may provide you with a request code. In that case, click the Drop-off button on the SAFE home page and enter the Request code.

1.8.1.2.3. To request and receive a drop-off request for this solicitation, email the Contract Specialist and Contracting Officer no later than two (2) working days before the proposal submission. Include the solicitation number and title in your Email Subject Line: "W9126G21R0013 Columbarium, Committal Shelter, & Cortege Lane, DFW National Cemetery".

1.9. BID GUARANTEE

Provide a fully executed Bid Bond as required by FAR Clause 52.228-1(c), Bid Guarantee. Facsimile Bonds are not acceptable.

1.10. CONTRACT PRICES - BIDDING SCHEDULE

Payment for the items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials and bonds (performance and payment), and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Bidding Schedule shall be included in the contract prices for the items listed.

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)—ALTERNATE I

(OCT 1997)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

In writing, writing, or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revisions of proposals. (i) Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)—ALTERNATE II

(OCT 1997)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing, writing, or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, or revision of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision of proposals. (i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government…