Solicitation W912L724R0002 MATOC for Tennessee National Guard.pdf

Construction Indefinite Delivery-Indef inite Quantity (IDIQ) Multiple Aw ard Task Order Contract (MATOC) for maintenance, repair, and construction services in support of the National Guard activities in the State of Tennessee (TN). These w ill be multi-disciplined contracts consisting of a f ive calendar year ordering period. The total of individual task orders placed against this contract shall not exceed $10M. This action is being solicited as a total small business set-aside. NAICS Code 236220 is applicable to this acquisition, $45 million is the small business size standard. The Government’s intent is to aw ard a contract to all qualifying offerors. At the task order level, the contracting officer may set-aside an individual task order for other socio-economic programs. This solicitation and all associated information, notices, and amendments w ill be posted at https://w w w .SAM.gov.

NOTE: A bid bond w ill not be required for this solicitation, but all future task orders that are estimated at $2,000 or greater w ill require a bid bond. See FAR Provision 52.228-1 for details.

SINAMAR BENAURO 615-313-0774

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

13-Jun-2024

(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 _______30 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ FAR 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 ______________15 Jul 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USPFO TN PURCHASING & CONTRACTING

3041 SIDCO DRIVE

NASHVILLE TN 37201-1502

W912L7

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 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:

W912L724R0002 81

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

W912L724R0002

Section 00 01 10 - Table of Contents

SECTION 00 01 10

TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00 01 10 - NOTES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00 21 16 - SUBMISSION REQUIREMENTS AND INSTRUCTIONS

SECTION 00 22 16 - PROPOSAL EVALUATIONS AND BASIS FOR AWARD

SECTION 00 45 00 - REPRESENTATIONS & CERTIFICATIONS

SECTION 00 70 00 - CONTRACT CLAUSES

SECTION 00 73 00 - WAGE DETERMINATION(S)

SECTION 01 00 00 - SPECIAL CONTRACT REQUIREMENTS)

EXHIBIT A - Performance Relevance Questionnaire EXHIBIT B - Past Performance Questionnaire

The following apply to this solicitation and resulting contract:

1. Task orders in the following location(s) are applicable to this contract: (to be completed by the Contracting Officer at time of award)

2. In addition to Task Orders issued on a small business set-aside basis Contractor is eligible to compete for

Task Orders set-aside for: (to be completed by the Contracting Officer at time of award)

3. Contractor’s attention is invited to Division 01, Section 01 00 00, General Requirements. Important information on the Task Order process is contained therein. Offerors are encouraged to read this section in its entirety to reach a better understanding of the Multiple Award Task Order Process. The minimum guaranteed Task Order amount for the entire contract period is $2,000.00 per IDIQ contract awarded. See note No. 2.

4. The term “Contracting Officer” is applicable to this Solicitation and resulting contract(s).

5. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES. The term

Bidding Schedule shall also be construed to mean Offer Schedule or Schedule. The terms “bid” and “offer” shall be construed as having the same meaning in this solicitation and resulting contract(s) and any future Task Orders.

6. Reference Contract Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual MATOC orders. A bid bond shall be required with all proposals submitted in response to a request for offer that is estimated greater than $150,000.

7. The Government intends to execute Multiple Award Task Order Contracts (MATOC) with an Indefinite

Delivery Indefinite Quantity. Contracts pursuant to this solicitation. Federally warranted Contracting Officers at any National Guard activities in the State of Tennessee may place Task Orders against resulting contracts. See Section 01 00 00 for additional information.

8. DO NOT insert prices in the CLINs provided immediately after the SF 1442. Instructions for the preparation and evaluation of proposals are in Sections 00 21 00, 00 21 16 and 00 22 16.

AREAS OF CONSIDERATION – OFFERORS MUST RETURN THE FOLLOWING WITH THEIR PROPOSAL

NOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION BELOW AND RETURN WITH

PROPOSAL.

LOCATIONS OF WORK – The majority of projects will be performed at the state of Tennessee. Contractors shall identify all location(s) they desire to be considered for award of individual task orders. Contractors will be provided a fair opportunity to compete for Task Orders at those locations checked within the dollar range indicated below, if they are awarded a contract.

PLACE AN “X” IN THE BLOCK (OF ALL THAT APPLY) IF YOUR FIRM WILL ACTIVELY

PURSUE PROJECT(s) AT THESE LOCATIONS

( ) AIR NATIONAL GUARD BASE, 118TH AW NASHVILLE,TN

( ) AIR NATIONAL GUARD BASE, 134TH AW KNOXVILLE, TN

( ) AIR NATIONAL GUARD BASE, 164TH AW MEMPHIS, TN

( ) ALL LOCATIONS WITHIN THE STATE OF TENNESSEE- STATEWIDE INCLUDING

AIR AND ARMY LOCATIONS

End of Section 00 01 10

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 500,000 Job MILCON for 09/18/2024 to 09/17/2029

FFP

MILCON Construction MATOC Five Years- Dates will be altered in CLINs in awarded contract.

FOB: Destination

PSC CD: Y1AA

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 500,000 Job SRM for 09/18/2024 to 09/17/2029

FFP

SRM Construction MATOC Five Years- Dates will be altered in CLINs in awarded contract.

PSC CD: Y1AA

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-SEP-2024 TO

17-SEP-2029

N/A 134TH AIR WING

TRAVIS B. VAUGHN

320 POST AVENUE

MCGHEE TYSON ANGBB TN 37777

865-336-4212

W50S98

0002 POP 18-SEP-2024 TO

17-SEP-2029

N/A (SAME AS PREVIOUS LOCATION)

W50S98

Section 00 21 00 - Instructions

SECTION 00 21 00 INSTRUCTIONS

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. INTRODUCTION

1.1. SCOPE: You are invited to submit a proposal in response to our Request for Proposal (RFP) entitled, Tennessee Construction MATOC Solicitation”1 for construction services for National Guard locations throughout the State of Tennessee. As a result of this solicitation, the Government intends to award indefinite-delivery, indefinite-quantity, (IDIQ) contracts to all qualified offerors. All awards will be to small business pursuant to a 100% small business set-aside. The contracting officer may set-aside task orders for SBA Certified 8(a) participants, Certified HUBZone Small Business Concerns, Small Business Service-Disabled Veteran Owned Business and Women Owned Small Businesses Concerns provided 2 or more qualified contractors in each category present conforming offers and are awarded an IDIQ contract.

1.1.1. Awards will be made to all qualified offerors in accordance with Federal Acquisition Regulation

(FAR) 15.304(c)(1)(ii)(A).

1.1.2. Work to be performed under the MATOC contracts will include, but is not limited to, construction, demolition, and remediation services. Projects will be bid build type from already completed designs, and/or projects specified by a Statement of Work using the Master Specification. It should be noted that most of the work under these contracts will be for sustainment, repair and maintenance (SRM) at or below $1 million.

1.1.3. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation. This is not a solicitation for a Requirements Contract.

1.2. PROJECT CATEGORIES: Work performed under these Multi-Discipline Contracts will generally be of, but are not limited to, the following general project categories:

1.2.1. Construction, repair and alteration of various facilities (to include renovations)

1.2.2. Construction, repair and alteration of Electrical Systems (ES)

1.2.3. Construction, repair and alteration of Mechanical Systems (e.g. HVAC systems, and controls)

1.2.4. Construction, repair and alteration of Fire Suppression systems

1.2.5. Roof installation and repair

1.2.6. Concrete and/or Asphalt Paving

1.3. CONTRACT DURATION, LIMITS AND AMOUNTS: Each of the resulting contracts will have a five year ordering period. The contract program ceiling amount will not exceed $10 million for all task order awarded over the life of the MATOC program among all contracts awarded. The Minimum and Maximum values for a single Task Order are $2,000 and $5 million, respectively. The minimum guaranteed order for each contract is one (1) task order valued at $2,000. At time of award of the basic contract, a task order for $2,000 will be issued. This task order will be de-obligated when a construction task order is awarded. See Division 01, SPECIAL CONTRACT REQUIREMENTS, for details.

1.4. TASK ORDERS

1.4.1. As requirements develop, Task Orders will be competed among the MATOC awardees, or negotiated on a sole source basis as described in Division 01, SPECIAL CONTRACT REQUIREMENTS. These Special Contract Requirements describe the Task Order process in detail. Offerors are highly encouraged to read the Special Contract Requirements before submitting a proposal.

1.4.2. The MATOC will be administered by the awarding Contracting Office, Tennessee National Guard, 3041 Sidco Drive, Suite 202, Nashville, TN 37204.

1.4.3. Individual Task Orders will be awarded and administered by federally appointed contracting officers, and may be issued by any Army or Air National Guard location in the State of Tennessee The Contracting Office that issues each Task Order will be responsible for the complete administration of that Task Order unless otherwise noted in the Task Order.

1.4.4. Construction performance requirements will be specified for each project in the Task Order Offering Notice. MATOC Awardees will compete for Task Orders among themselves. The majority of all Task Orders shall be awarded based on competitive offers received in response to the agency notices.

1.5. NOTICE OF PRE-PROPOSAL CONFERENCE:

1.5.1. No pre-proposal conference will be expected. If a pre-proposal conference will be conducted, an amendment to the solicitation will be posted. This conference will be held at Army base at 3041 Sidco Drive, Nashville, TN 37204.

1.5.2. Due to security conditions, any offeror intending to attend must first register for the conference. E-mail the following information for all attendees to Teresa Baxter and Sinamar Benauro at the following addresses:

teresa.a.baxter.civ@army.mil and sinamar.b.benauro.civ@army.mil

Firm Name and Telephone Number Attendee’s Name Attendee’s Telephone Number Attendee’s E-mail Address Attendee’s Last 4 Numbers of SSN Citizenship

1.5.3 This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. You must register for the meeting even if you already have access to the base. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

1.5.4 Visitors must pick up their passes at the Installation’s Main Entry Gate prior to arrival. You may be required to present the following information upon arrival: (1) Vehicle Registration, (2) Valid Driver’s License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

1.5.5 Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

1.1.1. A record of the conference shall be made and furnished to all prospective offerors via posting to the Contract Opportunities website at https://www.SAM.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

1.2. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

1.2.1. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

1.2.2. All questions and requests for information (RFIs) must be received by 08 JULY 2024 AT 10:00 AM CST and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS. The Contracting Officer reserves the right to address questions received prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing.

1.2.3. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to www.SAM.gov.

1.2.3.1. Offerors must acknowledge amendments in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions and answers (on a non-attribution basis) will be posted to https://sam.gov and no other distribution will be made.

1.2.4. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Contract Opportunities website (SAM.gov). Interested offerors must register with SAM.gov before accessing the system. Registration instructions can be found on the SAM.gov website using the “Get Started” button.

Please note the registration for access to SAM takes approximately 15 business days. PLAN ACCORDINGLY.

1.2.5. Submit requests for information/questions by email to the contracting office at the address below.

REQUEST FOR INFORMATION - INQUIRY FORMAT

Subject Line: Reference No. W912L724R0002 Email: teresa.a.baxter.civ@army.mil and sinamar.b.benauro.civ@army.mil Date of Inquiry:

Company Name:

Point of Contact Name:

Address:

Phone Number:

Email address:

Question: (Please clearly state your question. If sent via an attachment, Word documents are preferred to facilitate posting of answers to the master Q&A document.)

1.3. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: The Government reserves the right to revise or amend the specifications and/or drawings prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on www.SAM.gov .

1.3.1. Offerors are strongly cautioned to check www.SAM.gov frequently and to “refresh” their web page to ensure they have the latest information.

1.4. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS: This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

1.5. REMOVAL OF SECTIONS AT TIME OF AWARD. Sections 00 21 00, 00 21 16, 00 22 16 and 00 45 00 will be physically removed from the final award but will be deemed to be incorporated by reference in that award.

1.6. DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8, the Government will retain an electronic copy of all proposals. Hard copy proposals are NOT being requested.

1.7. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation.

1.8. CLARIFICATIONS: Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.

1.9. EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00120) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions".

An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award.

1.10. CLAUSES

1.10.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

1.10.2. Clauses and provisions in this document may not appear in consecutive order.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR provision 52.233-2.

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

(End of provision)

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (JAN 2023) ALTERNATE I (JAN 2023)

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

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of “data other than certified cost or pricing data” (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for price set by law or regulation--Identification of the law or regulation establishing the price offered.

If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same product or service or similar products or services have been sold in the commercial market. Such information shall include--

(A) For products or services previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror's current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit the DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall submit certified cost or pricing data and supporting attachments in the following format: [Insert description of the data and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.408, Table 15-2, Note 2. The Contracting Officer shall insert the description at the time of issuing the solicitation or specify that the format regularly maintained by the offeror or prospective subcontractor in its business operations will be acceptable. The Contracting Officer may amend the description as the result of negotiations. INSERT DESCRIPTION HERE]

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(i).

(d) Requirements for data other than certified cost or pricing data.

(1) Data other than certified cost or pricing data submitted in accordance with this provision shall include all data necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in DFARS 215.402(a)(i) and 215.404-1(b).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) The Offeror shall provide information described as follows: [Insert description of the data and the format that are required, including access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3. INSERT DESCRIPTION HERE]

(4) Within 10 days of a written request from the Contracting Officer for additional information to support proposal analysis, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(5) Subcontract price evaluation.

(i) Offerors shall obtain from subcontractors the information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost information may be required from a prospective subcontractor in any case in which there are sufficient non-Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary--

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of--

(1) Paragraph (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

(2) Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

END OF SECTION 00 21 00

Section 00 21 16 - Instructions to Proposers

SECTION 00 21 16

SECTION 00 21 16 - SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. PROPOSAL PREPARATION INSTRUCTIONS:

1.1. These instructions prescribe the format of proposals and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

1.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in the proposal being unacceptable to the Government and elimination from consideration for award. All solicitation amendments must be acknowledged in accordance with FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition.

2. ELECTRONIC PROPOSAL:

2.1. Offerors shall submit their proposals electronically, as described below. The offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

2.2. Offerors shall submit proposals in response to this solicitation electronically via the Solicitation module of the Procurement Integrated Enterprise Environment (PIEE) website at https://piee.eb.mil. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE

ACCEPTED.

2.3. The Posting and Offer guide can be accessed electronically at https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. A video demonstration can be found at https://pieetraining.eb.mil/wbt/sol/Posting_Offer.html. Additional PIEE training can be found at https://pieetraining.eb.mil/wbt/.

2.3.1. Do NOT send proposals to e-mail addresses.

2.3.2. FILE DESCRIPTION: Include a “File Description” for each file you upload. Files shall be uploaded in PDF format.

2.3.3. RECEIPT OF SUBMISSIONS: For purposes of establishing whether a proposal submission is considered late, the Government considers the date/time stamp on the e-mail notification sent by the PIEE website to the Contract Specialist and Contracting Officer, NOT the date/time the documents are uploaded to the website, as the time of submission. Do not assume that the electronic upload is instantaneous. File size, network connection, connection type, and number of files are factors in the total upload/download time of files. It can take several minutes, or even hours in some cases, for all files to upload.

2.3.4. The Government will not be responsible for proposal submissions delivered to any location or by any method other that stated above. Offerors are responsible for submitting proposals in sufficient time to be received by the Government in accordance with the instructions provided.

3. PROPOSAL CONTENT:

3.1. Prospective offerors shall submit the electronic proposal as follows:

3.1.1. Volume 1: Pro Forma Documents

3.1.1.1. Introduction Page

3.1.1.2. Standard Form (SF) 1442

3.1.1.3. Representations and Certifications

3.1.1.4. Joint Venture Agreement (if applicable)

3.1.2. Volume 2: Technical Proposal

3.1.2.1. Factor 1, Corporate Experience

3.1.2.2. Factor 2, Past Performance

3.1.2.3. Factor 3, Single Project Bonding Capacity

3.1.3. Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, past performance information obtained herein will be used during the Government’s responsibility determination.

3.1.4. Offerors are cautioned to carefully review the proposal requirements and ensure a complete proposal is submitted.

3.2. PROPOSAL DUE DATE SCHEDULE:

3.2.1. The entire proposal is due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442.

3.2.2. Past performance references should provide questionnaire responses to the Contracting Officer not later than the closing date of the receipt of proposals.

3.3. PROPOSAL FORMAT:

3.3.1. The proposal shall include all the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation.

3.3.2. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

3.3.3. Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

3.3.4. Proposals shall be prepared on standard 8.5 x 11 inch pages (charts may be landscaped but must be 8.5 x 11 inches) and shall be in a legible font, size 10 minimum, with at least 1 inch margins on all sides. All pages of each proposal shall be appropriately numbered and identified with the RFP number. For ease of reference, consecutive page numbering is required. Type size for graphics, charts, diagrams and tables shall be of an appropriate font and size for the application and must be clearly readable. Text lines will be no less than single-space. Where page limits exist, a page is defined as one single 8.5 x 11 inch page. Unless otherwise stated, cover pages, indexes, tables of contents and dividers do not count in the page limit.

3.3.5. The first page of the electronic proposal shall clearly identify the offeror’s name, RFP number and RFP title.

3.3.6. Indexing: Each volume shall contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing may be used to identify sections as appropriate.

3.3.7. The electronic proposal shall be submitted in the PDF file format.

3.3.8. The offeror shall be held responsible for the validity of all information supplied in their proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected or removed from the competition.

4. PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals which do not include the requested minimum information may be eliminated from further consideration for award.

4.1. VOLUME 1, PRO FORMA DOCUMENTS:

4.1.1. Provide one introductory page to include CAGE Code, Unique Entity Identification (UEI) Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, and email addresses. Provide your business socioeconomic status (e.g. small business, woman-owned small business, HUBZone small business, etc.).

4.1.2. Offer – Complete in its entirety the “Offeror” portion of the SF 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102.

4.1.3. Section 00 01 10 – Areas of Consideration – Mark your selection(s) for the Area(s) in which you would like consideration.

4.1.4. Section 00 45 00 – Representations and Certifications – Ensure all fillable provisions from Section 00 45 00 are filled out in their entirety. If the offeror’s representations and certifications within System for Award Management (SAM) are current, these provisions do not need to be submitted separately with the proposal.

However, any provision that are not include in the current SAM representations and certifications SHALL be completed in their entirety and submitted with the proposal.

4.1.5. Joint Venture Requirements – Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database.

Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1).

Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration (IAW FAR 19.302(b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

4.1.6. Offerors are cautioned to read FAR Clause 52.219-14, Limitations on Subcontracting. The contracts resulting from this solicitation are not intended for management firms or construction firms who self-perform only administrative or management functions.

4.2. VOLUME 2, TECHNICAL PROPOSAL

Volume 2 is comprised of three (3) technical evaluation factors:

4.2.1. Factor 1: Corporate Experience.

4.2.1.1. This section shall not exceed a total of 35 pages (5 pages maximum for each submitted project).

4.2.2. Factor 2: Past Performance.

4.2.2.1. This section shall not exceed a total of 49 pages (7 pages maximum for each submitted project).

4.2.3. Factor 3: Single Project Bonding Capability.

4.2.3.1. This section shall not exceed a total of 5 pages.

Refer to the Evaluation Factors in Section 00 22 16 of this solicitation for submission requirements for each factor.

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 ________ percent of the bid price or $________, whichever is less.-

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

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

END OF SECTION 00 21 16

Section 00 22 16 - Supplementary Instructions to Proposers

SECTION 00 22 16

SECTION 00 22 16 PROPOSAL EVALUATIONS AND BASIS FOR AWARD

1. GENERAL INFORMATION

A. BASIS FOR AWARD

The Government intends to award Multiple Award Task Order Contracts (MATOCs) from this solicitation. An indefinite delivery indefinite quantity (IDIQ) contract will be awarded to all qualifying offerors in accordance with FAR 15.304(c)(1)(ii)(A). A “qualifying offeror”, in accordance with FAR 2.101, is one that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer other than fair and reasonable pricing.

For this evaluation process, interested offerors submit specific experience and past performance proposals for review and consideration by the Government. The Government will evaluate these proposals in accordance with the criteria described herein.

The Government intends to make the MATOC awards without holding discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, offerors should include their best terms and conditions in their initial offer. Offerors should not assume they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government reserves the right to conduct discussions if the Source Selection Authority (SSA) later determines them to be necessary. By submitting an offer in response to this solicitation, offerors are agreeing to comply with all terms and conditions contained in the solicitation.

The source selection process will be conducted in accordance with FAR Subpart 15.3, Source Selection procedures.

Offers will be evaluated using the criteria listed in “Evaluation Factors for Award.” Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s technical ability, past performance and/or pricing and may be grounds to eliminate the proposal from consideration for contract award. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

The Contracting Officer will begin the evaluation process by conducting a proposal compliance review for all timely-received proposals for determination of basic proposal adequacy prior to providing the proposals to the evaluators. Failure to provide a complete proposal may result in the proposal being removed from further consideration for award. Failure to address any evaluation factor shall be grounds for elimination from evaluation and consideration for award.

ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions shall require prior Contracting Officer's approval.

B. EVALUATION APPROACH

All proposals shall be subject to evaluation by the Source Selection Evaluation Board (SSEB). The overarching evaluation approach for all factors and subfactors is as follows:

The proposal submitted will be used to determine whether the offeror is a responsible source, has a proposal that meets the requirements of the solicitation, and provides no reason why the offeror would likely offer other than fair and reasonable pricing.

The Contracting Officer and Contract Specialist will initiate the source selection process and convene the SSEB, providing the proposals that conform to the solicitation to the SSEB. Non-conforming proposals will not be further reviewed by the SSEB. A detailed debriefing will not be available for those proposals not selected for review by the SSEB. While the intent is to award without discussions, if at any stage in this process it is determined to be necessary to conduct discussions, the SSA will determine which proposals will be included in the competitive range consistent with FAR 15.306(c).

Proposals will be evaluated consistent with the uniform evaluation procedure set forth in this section of the solicitation. The SSEB will conduct an in-depth review and evaluation of all conforming proposals against the factors established in the solicitation. Each member of the SSEB will independently evaluate all information provided in a proposal against the prescribed evaluation factors. The overall evaluation approach for all factors will include evaluating proposals to determine if the offerors proposal satisfies the requirements specified in the solicitation.

The proposals will be evaluated for technical acceptability (including past performance); they will not be ranked.

For an offeror to be considered for award, the proposal must receive an “Acceptable” rating for each evaluation factor. A proposal receiving a rating of “Unacceptable” in any factor will not be eligible for award.

After SSEB members…