Solicitation W912GB21R0011.pdf

THIS IS A REQUEST FOR PROPOSAL (RFP) PART I FOR THE RENOVATION OF THIRTEEN 1950s ERA, FOUR-STORY STAIRWELL APARTMENT

BUILDINGS ON SMITH BARRACKS IN BAUMHOLDER, GERMANY.

THE GOVERNMENT CONTEMPLATES THAT THIS SOLICITATION WILL RESULT IN SINGLE FIRM FIXED-PRICE DESIGN-BUILD CONTRACT

AWARD USING A BEST VALUE TRADE-OFF ACQUISITION METHOD.

NON-PRICE PROPOSALS ARE REQUESTED ONLY AT THIS TIME FOR THIS RFP PART I. DO NOT SUBMIT PRICE PROPOSALS. SEE SECTION 00

21 00 AND 00 22 00 FOR MORE INFORMATION.

A. The estimated Magnitude of Construction is betw een $25,000,000 and $100,000,000.

B. This RFP is solicited under full and open competition (unrestricted).

C. Aw ard of this contract w ill be made in Euro (EUR).

CHRISTOPHER BRACKETT +49 0611 9744 2931

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

19-Feb-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 _______7 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, 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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________25 Mar 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 offers 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

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

08:00 AM (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:

W912GB21R0011 50

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

W912GB21R0011

Section 00 01 10 - Table of Contents

ATTACHMENTS

ATTACHMENTS (Incorporated herein by reference)

1. Phase 1 Site visit-pre-proposal conf attendees

2. Key Sub Commitment Letter Sample

3. Past Performance Info Sheet

4. Past Exp Overview Sheet

5. Past Performance Questionaire (PPQ)

6. Bank Letter of Assurance (BLA) Template

7. Bank Letter Guarentee (BLG) Template

8. Existing Bldg Survey, Arch Photos

9. Specifications Binder (Div 00-01 only)

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

Instructions to Offerors

A. INTRODUCTION

1. Summary. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to award a single Design-Build construction contract resulting from this solicitation. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will made available for viewing under Contracting Opportunities within the Beta SAM website (https://beta.sam.gov). All amendments will be made available for viewing within Beta SAM. It shall be the Offeror’s responsibility to check the website for any amendments. NOTE:

When the word “Offeror” is encountered in the RFP, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this Solicitation. When the word “Government” is encountered, it is intended to mean USACE NAU. “Request for Proposal,” “RFP” and “Solicitation” are used synonymously throughout.

2. General Description of the Construction Project. Please note the following is a general description of the construction project; it is not the final description: The design-build contractor will provide design and construction services to renovate thirteen 1950s era, four-story stairwell apartment buildings on Smith Barracks in Baumholder, Germany. The existing facilities were sufficient when built 60 years ago, but are now wholly inadequate compared to current codes and standards, and they have deteriorated to the point that they require complete revitalization. All major building systems and components have outlived their useful life and require modernization.

Furthermore, the existing units do not meet currently quality of life for space, amenities or Antiterrorism / Force Protection (ATFP) standards. The renovations will reconfigure the existing facilities to combine and right-size 184 existing Army Family Housing (AFH) dwelling units (DU) and bring them in line with AFH standards for DU square footage. The renovated apartments will be modernized to offer inhabitants a well-sized, pleasant, comfortable and secure dwelling place. As a part of the right-sizing of the existing DUs, exterior improvements will be made, including Architectural Barriers Act (ABA) accessibility upgrades to parking and tenant amenities, parking modifications, addition of parking sun shades (carports) and ATFP compliance upgrades. The buildings to be right-sized have been broken into three separately funded military construction (MILCON) projects: PN 71425 (FY18), PN 74339 (FY19), and PN 90430 (FY20). Refer to the figure below for an overview of the buildings to be right-sized and a breakdown of projects by building number.

3. Two-Phase Design-Build Selection Procedures. For the purposes of this Solicitation, the Government will utilize the Two-Phase Design-Build Selection Procedures in accordance with FAR 36.303.

(i) In Phase ONE of the TWO phase design-build selection procedures, interested firms or joint venture entities (collectively referred to in the Solicitation as “Offerors”) submit certain 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 select the most highly qualified Phase ONE Offerors to compete for the design-build contract in Phase TWO. The most highly qualified Offerors selected to participate in Phase TWO will be notified by the Contracting Officer. The Government intends to select a target of five Offerors from Phase ONE to compete in Phase TWO, however the Government may elect to allow more than five if determined to be necessary by the Contracting Officer and if approved in accordance with agency procedures.

(ii) In Phase TWO, the Offerors selected to participate will submit proposals in accordance with Section 00 22 00. Phase TWO utilize the Tradeoff Source Selection Process (see FAR 15.101- 1). This process allows for a tradeoff between non-cost factors and cost/price and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best-value contract award.

(iii) The evaluation methodology consists of four factors. See Section 00 22 00 for further details on the Government’s evaluation approach.

Phase ONE

Factor 1: Past Performance Factor 2: Management Approach

Phase TWO Factor 3: Technical Approach Factor 4: Price

B. PRE-PROPOSAL CONFERENCE

1. Summary. The Government intends to hold a pre-proposal conference with site visit for Phase ONE and plans to hold another in Phase TWO. Only the most highly qualified Offerors from Phase ONE will participate in the pre-proposal conference for Phase TWO.

2. Phase ONE pre-proposal conference details:

(i) Purpose: The purpose of the Phase ONE pre-proposal conference is two-fold.

First, the US Government will present a summary of the project SOW and proposal instructions/evaluation approach. Secondly, Offerors will be given the opportunity to walk through one of the buildings so they can visually assess the site conditions.

NOTE: The Government may host a virtual pre-proposal conference to further discuss the proposal instructions and evaluation approach. Further details are to be announced.

(ii) Location: Offerors should meet at the Baumholder main gate (GPS coordinates 49°37'02.3"N 7°19'40.1"E). Individuals with base access already may enter themselves with their identification. Individuals without base access must either be signed on by someone with base access already, or must be pre-cleared onto an access roster to enter themselves. See further instructions below. In either case, all attendees should arrive 30 minutes early and come prepared with a passport for identification. After entering the base, we will travel to buildings 8059 and 8060 (GPS Coordinates 49°37'11.4"N 7°19'47.2"E).

(iii) Time/Date: 9 March 2021 at 10:00 AM local time. Offerors will meet at the gate no later than 10:00 AM. The plan is to gather around Buildings 8059 and 8060 at 1030. The entire visit should last no longer than three to four hours.

(iv) Registration Instructions: Offerors must pre-register their attendees no later than 1 March 2021 at 1000 Central European Time. To Pre-Register, complete the site visit attendee information sheet (solicitation attachment) submit via email to joshua.d.mueller@usace.army.mil. IMPORTANT: Any individuals planning to attend must register in advance with their full name, organization name, job title, or they may not be permitted access to the sites—please use the attendee information sheet attached to the RFP. Offerors may obtain entry to the base themselves if they complete and submit the access roster information timely, including also their nationality, date of birth, passport/ausweis number, vehicle type and vehicle plate number. Individuals that complete and submit the access roster information timely may show up at the gate on the day of the visit, show their passport/ausweis, and tell the guard they are on an access roster. Individuals that do NOT complete the access roster information timely must register with a US Government sponsor the day of the visit.

(v) Space Limitations. Space may be limited at the pre-proposal site visit, and as a result the number of attendees per company may be limited. Offerors are advised to register no more than four individuals, and space may be limited to less than that.

Phase TWO Offerors will be given another, more thorough opportunity to walk through the buildings at a later date.

(vi) On Site Point of Contact. For logistics concerns and questions accessing the site, Offerors are encouraged to contact Markus Kessler (+49 174 632 6863 / markus.kessler@usace.army.mil)

(vii) Project Questions. All project questions should be submitted via ProjNet

(see instructions below). Any answers given at the site visit are strictly unofficial.

(viii) COVID19 Measures. Individuals attending the visit must wear a mask that covers their mouth and nose. Due to the recent rise of COVID-19 cases, the German Government recommends to keep a social distance of at least 1.5 meters, and to wear face masks where a distance of at least 1.5 meters cannot be maintained. Offerors will be required to wear masks to visit the site and complete a sign-in sheet for contract tracing purposes. Offerors are also recommended to follow the link to the official site of the German Government for Public Health that updates the info regularly:

https://www.rki.de/EN/Home/homepage.html. See also the section below on international travel restrictions.

(ix) International Travel Restrictions. Interested parties are advised that the German Government has implemented enhanced international travel restrictions due to COVID-19 pandemic. The following information is provided, which is especially important when contemplating doing work in Germany. This information is likely to change frequently. Interested parties needing to travel internationally should consult with the German Government and US Embassy for updates. The most recent announcements pertaining to international travel:

(a) Robert Koch Institute (see under “Travel Information”):

https://www.rki.de/EN/Content/infections/epidemiology/outbreaks/COVID- 19/COVID19.html

(b) The US Embassy and Consulates in Germany website:

https://de.usembassy.gov/covid-19-information/

C. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

1. Summary. These general instructions pertain to both solicitation phases. More detailed instructions are provided in Sections 01 22 10 and 01 22 20.

2. Inquiries. Offerors with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The bidder inquiry key is:

G8BQM2-CIE4UW. Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than ten calendar days prior to the stated deadline for offers. All Offerors are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the Offeror’s responsibility to monitor for inquiries and responses.

3. Electronic Proposals. In an effort to reduce paperwork and costs, all responses to this announcement shall be submitted electronically. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Email submission is authorized. Electronic submissions shall be via email to both the Contract Specialist, Phillip Garrison, at phillip.garrison@usace.army.mil and the Contracting Officer, Christopher Brackett, at christopher.brackett@usace.army.mil As an alternative, Offerors with file size difficulties ( see next paragraph) may utilize the DoD SAFE Site (https://safe.apps.mil). It is the responsibility of the Offeror to ensure receipt.

4. File Size Limitations. Offerors are advised that the file size limitation is 10MB due to email server restrictions. If needed, Offerors are advised to break the files down into smaller sections and deliver in separate emails. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below. If utilizing the DoD SAFE site, the file size limitation is 8GB. If utilizing the DoD SAFE site, Offerors shall request a DoD SAFE “dropoff” no less than one week before the proposal due date. Such requests shall be sent by email to the Contract Specialist, Phillip Garrison, at phillip.garrison@usace.army.mil and the Contracting Officer, Christopher Brackett, at christopher.brackett@usace.army.mil, and shall specify the name and email address of the individual that will submit the proposal via DoD SAFE. Upon receipt, the Contract Specialist or Contracting Officer will create a drop off request that the Offeror can use to submit its proposal.

5. File Names. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention: Each filename shall begin with the Solicitation number, followed by the word “RESPONSE,” followed by your firm’s name, and finally a brief file description. EXAMPLES:

(i) “W912GB21R0011 RESPONSE Firmname Volume I.pdf”

(ii) “W912GB21R0011 RESPONSE Firmname Volume I Part 1.pdf”

(ii) “W912GB21R0011 RESPONSE Firmname Volume I Part 2.pdf”

(iv) “W912GB21R0011 RESPONSE Firmname Volume I diagrams, figures.pdf”

(v) “W912GB21R0011 RESPONSE Firmname Volume II.pdf”

6. File Organization, Formatting, and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Electronic files shall be Microsoft Windows compatible.

Files shall be submitted in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

7. Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of proposal receipt will be the delivery time & date recorded of email receipt on the Government’s server. Do not assume that electronic submission will occur instantaneously. Offerors should time their submission with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Offerors are encouraged to keep a copy of the delivery and/or read confirmation for their record but should also request confirmation. Submissions after the deadline may be emailed to the Contract Specialist, Phillip Garrison, at phillip.garrison@usace.army.mil and the Contracting Officer, Christopher Brackett, at christopher.brackett@usace.army.mil, but be advised they will be considered late and as such will be processed in accordance with FAR 15.208.

8. Proprietary Information. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors�Competitive Acquisition (Jan 2004),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

9. SAM Registration: SAM Registration: In order to do business with the US Government as a contractor, a company must be registered with the System for Award Management (SAM, www.sam.gov). In order to register on SAM, a company must obtain a NCAGE code and a DUNS number. You can apply for an NCAGE code and a DUNS number simultaneously, but both must be obtained in order to register on SAM. Specific instructions how to obtain a NCAGE code, a DUNS Number, and a SAM Registration are as follows:

(i) NCAGE Code. A NCAGE code is a five-character ID number used by the US Government to identify international companies. All non-US firms must obtain an NCAGE code. How does your company obtain an NCAGE Code? If you are a vendor located outside the United States, one can be obtained at no cost by visiting https://eportal.nspa.nato.int/AC135Public/CageTool/home. Further information about NCAGE codes is available at:

https://eportal.nspa.nato.int/AC135Public/Docs/US%20Instructions%20for%20NSPA%20N CAGE.pdf. Generally it takes approximately 24-48 hours to obtain an NCAGE code.

(ii) DUNS Number. A DUNS number is a unique nine-digit identification number for each physical location of a business. How does your company obtain a DUNS number? Go to the following web location to obtain a DUNS number at no cost:

https://fedgov.dnb.com/webform/. Generally it takes approximately 7-10 business days to obtain a DUNS number.

(iii) SAM Registration. The System for Award Management (SAM) is a registration database required for all US Federal Government Contracts and where you will find contract opportunities all over the world. You can register on SAM at:

https://www.sam.gov/SAM/pages/public/loginFAQ.jsf. For help with SAM registration, see the SAM Quick Start guide at:

https://www.sam.gov/SAM/transcript/Quick_Guide_for_International_Entity_Registration .pdf. For additional help at no cost, contact the Federal Service Desk at www.fsd.gov or by telephone at +1-866-606-8220 (toll free) or +1-334-206-7828 (internationally).

Generally it takes approximately two weeks to for SAM to activate a registration, from the date it receives a completed registration. Please take notice that SAM has an entity registration requirement that firms submit an "original, signed notarized letter before the registration will be activated." Instructions for international entities (not located in the U.S. or its outlying areas) can be found at: https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_searc h=KB0013221.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price construction 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 twenty five percent (25%) of the bid price.

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

US ARMY CORPS OF ENGINEERS

CONTRACTING DIVISION (CENAU-CT)

KONRAD ADENAUER RING 39

65187 WIESBADEN GERMANY

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

See Section 00 21 00 for pre-proposal conference and site visit information.

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

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/afars

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 22 00 - Supplementary Instructions

PHASE 1 OF 2-DB SEL PROCEDURES

Phase ONE of TWO – Design-Build Selection Procedures

A. PHASE ONE SPECIFIC PROPOSAL INSTRUCTIONS

1. Summary. The Government Source Selection Team (SST) will evaluate proposals according to the factors listed below. Offerors are required to provide data addressing all stated factors in a clear and understandable format. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration. The following Factors will be evaluated in Phase ONE:

Factor 1: Past Performance Factor 2: Management Approach

2. Specific Submission Requirements, Phase ONE, Volume I, Non-Price Proposal. Volume I should include a section for each Non-Price factor. Volume I should be organized as follows:

(i) Executive Summary: Include a one page cover letter, and any applicable executed Joint Venture (JV) agreements or other evidence of formal teaming agreements.

(a) JV agreements. If the Offeror is a joint venture (JV), it must provide evidence of a legally binding JV agreement, which creates legal responsibility on the part of all members of the JV.

A searchable copy of the JV Agreement in English and signed by all JV members shall be provided as part of the proposal in Factor 1 Past Performance. The JV Agreement shall include the following:

(1) A detailed statement outlining the following in terms of percentages, where appropriate:

i. The relationship of the JV parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

ii. The management approach of the JV in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the JV and perform the duties necessary to complete the work.

iii. The structure of the JV and decision-ranking responsibilities of the JV parties in terms of who will control the manner and method of performance of the work.

iv. Identification of the key personnel having authority to legally bind the JV to subcontracts and state who will provide or contract for the labor and materials for the JV.

v. Identification of party maintaining the JV bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the

JV.

vi. Identification of party furnishing the facilities, such as office supplies and telephone service.

vii. Identification of party having overall control of the JV.

viii. A statement that the JV partners are jointly and severally liable under the contract.

(2) Other sections of the proposal shall identify, where appropriate, whether key personnel are either employees of the individual JV parties and identify the party, or hired as employees of the JV.

(3) If one of the JV parties possesses relevant experience and/or past performance, the experience and/or past performance of that firm will be considered as the experience and/or past performance of the JV. Each member of the JV may submit project examples for Factor 1, but the total submitted by the individual JV members shall not exceed three such examples. In addition to the JV Agreement, the Factor 1 proposal of a JV Offeror shall clearly address the experience of each of the JV members and the division of the members' responsibilities/duties on any ongoing or previous projects. The proposal shall also include the DUNS numbers of each JV partner.

(b) Team arrangements. As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. The Offeror may be credited with the experience, expertise and/or past performance of a JV member, a team member, a subcontractor, or an affiliate (collectively referred to in this RFP as “Team Members”) if that experience/past performance relates to the services described for that party in the team arrangement agreement or the letter of commitment. Consistent with FAR 9.104-4 the Government also may consider the responsibility of such entities or persons when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so. Offerors are reminded that regardless of any teaming arrangements, the prime contractor will be fully responsible for contract performance. Also, in the event that the Offeror is awarded the resultant contract, there can be no substitution of any proposed team member, subcontractor, or key personnel identified in a teaming agreement or letter of commitment without prior written approval of the Contracting Officer.

Approval or disapproval of a substitute entity or person is a matter within the sole discretion of the contracting officer, who will consider factors such as whether the proposed substitute appears to be equally qualified and whether the substitution is the best interests of the Government and project execution. In approving a substitution, the contracting officer may impose such conditions on the substitution as he/she deems appropriate in the exercise of his/her sole discretion. Teaming agreements and sub-contractor commitment letters are not required, but when they are not provided with the proposal, the experience and/or past performance of any affiliate, team members or subcontractors will not be considered for purposes of source selection evaluation:

(1) Teaming Agreements. For a teaming agreement to be recognized for purposes of source selection evaluation and the application of non-price factors, the proposal must include a searchable teaming agreement in English that reflects a binding commitment from all parties and that has been signed by all team members. The Teaming Agreement must have full disclosure of the teaming arrangement and include a narrative that explains the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full delineation of roles and responsibilities of team members, and the duration of the agreement). Each non-Offeror member of a team may submit project examples for Factor 1, but the total submitted by such team members shall not exceed three (3) such examples. Furthermore, past performance of such team members will be considered only to the extent it is similar to what they will perform on this Contract.

(2) Key Subcontractor Commitment Letters. For a prime-subcontractor arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors, the proposal must have a commitment letter signed by both the prime and the subcontractor that includes all of the substantive portions of the sample provided in the RFP Attachment. The proposal must also reflect that the Offeror as the prime contractor is vested with control and responsibility for the daily management of the work, and that it remains responsible for contract performance, including those items allocated to a subcontractor. Furthermore, past performance of committed subcontractors will be considered only to the extent it is similar to what the subcontractor commits to perform on this Contract.

(3) Affiliates. The term “affiliate” is defined in FAR 2.101. For an affiliate’s past experience/past performance to be recognized for purposes of source selection evaluation and the application of non-price factors, the proposal must demonstrate a firm commitment that the affiliate will participate meaningfully (e.g., roles, responsibilities, etc.) in the performance of the contract resulting from this solicitation. This commitment, the nature of each entity’s relationship and meaningful participation on this Contract shall be described in a document signed by authorized representatives of both the Offeror and its affiliate. The requirements of in sub-paragraph 1 above for teaming agreements shall also apply to such affiliate agreements.

(ii) Factor 1, Past Performance. Offerors shall provide a completed performance record for up to five construction projects that have been completed by the Offeror (or substantially completed) within the last six (6) years (from the RFP issue date) that are similar to this project in size, scope, and complexity. Substantially completed is defined as “the Contractor has completed the work and related contract obligations in accordance with the contract documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work.” Projects submitted that were completed beyond six years will be evaluated, but may be considered less relevant.

Offerors may also provide a completed performance record for up to five design projects that have been completed by the Offeror (or the Offeror’s separate designer if applicable and the Offeror has selected a design firm to partner with). The Government will evaluate a maximum of ten projects (five construction projects and five design projects).

Offerors shall complete the Experience Overview and Experience Information sheets, which are provided by RFP attachment. The experience Information sheet is limited to three pages per project, minimum 10 pitch font. The Experience Overview sheet shall be completed as instructed with no additional details. Offerors must specifically cite the work they were responsible for under each project (i.e., if the Offeror was a JV on a prior project but not submitting as a JV for this project or if it utilized subcontractors to perform work on prior projects, the Offeror must provide a description of only the work that the Offeror performed). Separate contracts (or IDIQ task orders) may not be combined in order for the project to be considered similar. Additionally, Offerors are cautioned to provide enough detail for an assessment to be made by the evaluators. If available, a completed record from the Contractor’s Performance Assessment Reporting System (CPARS) will be accepted for evaluation under this factor. An interim completed CPARS rating will be considered if a final record is not available. If a completed CPARS record is not available at all, Offerors shall complete and provide a Past Performance Questionnaire (PPQ). A blank PPQ form is provided as a solicitation attachment. Also include performance recognition documents received for the projects such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors shall provide a copy of any Cure Notices or Show Cause Letters received by the offeror for each submitted project and a description of any corrective action implemented by the offeror. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

PPQ Instructions: If a CPARS record is unavailable, the Offeror shall complete Blocks 1-4 of the provided PPQ and have the Contracting Activity and the Technical Representative responsible for the past/current contract complete the remainder of the PPQ. Offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs shall be submitted with the proposal, and shall not exceed four (4) pages each. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact via email no later than the closing date of this solicitation. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant directly related or similar past performance. Offerors are encouraged to request narratives to support PPQ ratings.

(iii) Factor 2, Management Approach. The Management Plan shall not exceed twenty pages.

If more than twenty pages are submitted, only the first twenty pages will be reviewed and evaluated.

Only the title page and table of contents will not be counted toward the page count. The Offeror shall provide a Management Plan, which shall include at a minimum, the following:

(a) An organizational chart and narrative description of the Offeror’s overall structure and management of the project team from the Offeror’s Headquarters to the Offeror’s site office(s). The chart and narrative must:

− identify all offices involved in this contract − identify all positions by title, organization, and physical location, including subcontractors and consultants − include lines of reporting and technical areas of responsibility under the contract − clearly show the lines of authority of the Offeror’s Project Manager, Quality

Control and Safety Organization, including all JV Partners and subcontractors, when applicable

(b) A narrative discussion of how the Offeror will ensure quality consistently across the team and discuss quality control lines of authority between subcontractors and prime.

(c) A narrative discussion of how the Offeror will ensure safety consistently across the team and discuss safety lines of authority between subcontractors and prime.

(d) A narrative discussion of the Offeror’s plan to obtain, retain, coordinate, and manage subcontractors. Include any established relationships with organizations qualified for work within the scope of this RFP, including number of projects that have been completed together and/or number of years of partnering. Identify the significant aspects of the work that are to be self-performed and those that will be subcontracted. Identify the nature and overall percent of work that will be performed by the Offeror and all key sub-contractors. Offerors are reminded of the requirements of 52.236-1, Performance of Work by the Contractor.

(e) A narrative discussion of the Offeror’s criteria for selection of the Designer(s) of

Record for types of work to be accomplished under this contract.

(f) A narrative discussion of the Offeror’s knowledge of engineering and design in

Germany to include coordination with German authorities and the ability to communicate in German and English.

(g) A narrative discussion of any additional and/or unique management advantages contracting with their firm provides to the Government, if applicable.

2. Specific Submission Requirements, Phase ONE, Volume II – Administrative Matters. Volume II should be organized as follows

(a) Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215- 1(c)(2), including:

(1) The Solicitation number.

(2) The Offeror’s name, address, and phone/email contact information.

(3) 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.

(4) Names, titles, and telephone / email contact information of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this Solicitation.

(5) 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.

(b) Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this Solicitation. If applicable, Offerors shall also submit a completed SF 30 for each Solicitation amendment, acknowledging all the amendments.

(c) SAM Registration, Representations & Certifications. Offerors shall submit the following:

(1) A completed clause FAR 52.204-8(d).

(2) A copy of their current “Entity Registration” in the System for Award Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

(3) A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

(d) Warranty of Construction – EUROPE

The Contractor warrants that the work is performed in a satisfactory manner and meets industry standards and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. The Contractor shall provide an understood warranty of two (2) years for all construction.

Extended warranties if applicable shall be provided per Task Order. This warranty shall continue for a period of 2 years from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 years from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this warranty. The Contractor's warranty with respect to work repaired or replaced will run for 2 years from the date of repair or replacement. The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the

Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the

Contracting Officer.

In the event the Contractor's warranty has expired (2 years from final acceptance), the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design. This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

B. PHASE ONE EVALUATION APPROACH

1. General. The SST will evaluate the non-price proposals in order to determine the most highly qualified Offerors from Phase ONE. Offerors are cautioned to put forth their best efforts for the Phase ONE submission, and to furnish all information clearly to allow the Government to determine their performance capability. Offerors should not assume that they will have an opportunity to clarify or correct anything in their proposal after submitting it in response to Phase ONE. However, the Government reserves the right to allow proposal corrections, if deemed necessary to determine the most highly qualified Offerors to shortlist for Phase TWO. The Contracting Officer, independently exercising prudent business judgment, will select the most highly qualified Offerors and request that only those Offerors submit phase TWO proposals.

2. Relative Importance of Evaluation Factors. Of the non-price factors (Factors 1-2), Factor I - Past Performance is more important than Factor II - Management Approach.

3. Definitions. The following definitions are provided to assist evaluators in the evaluation process:

(i) Strength. An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

(ii) Significant Strength. An aspect of an Offeror’s proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

(iii) Weakness. A flaw in the proposal that…