Rev_Solicitation_W5J9JE18R0006_Amend_0004.pdf

W5J9JEANA18064

Design-Build of Base Facilities at Camp John Pratt in Mazar-E-Sharif, Afghanistan, ANA-18-064

FULL AND OPEN COMPETITION: This solicitation is open to all offerors. Offerors must have an active and valid AISA/MOCI license and an active and updated registration in SAM and JCCS at the time of proposal submission in order for the offeror's Phase 1 proposal to be evaluated. Offerors must maintain valid and active registrations throughout the solicitation phases and, if aw arded a contract, throughout the contract's period of performance duration.

In accordance w ith local USACE policy, an Afghan firm w ill receive aw ard in U.S. dollars, but w ill be paid in Afghan currency. See Clause

252.232-7014 and 5152.232-5900 herein for further information. For a non-Afghan firm, aw ard w ill be made in U.S. dollars and paid in U.S.

dollars.

NOTE: In accordance w ith AFARS 5132.702(a)(ii)(B), "Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available."

MARY J HARDING 540-722-6393

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

28-Feb-2018

(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 _______15 calendar days and complete it w ithin ________947 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

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 ______________24 Mar 2018 (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 is, X is not required.

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

D. Offers providing less than _______180 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

TRANSATLANTIC AFGHANISTAN ENGINEER - TAA

DISTRICT (TAA), US ARMY CORPS OF ENGINEERS

CETAA-CT, BAGRAM AE 09354

W5J9JE

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

540-665-2758FAX:TEL: 540-662-5665 TEL: FAX:

W5J9JE18R0006 91

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

W5J9JE18R0006

Section A - Solicitation/Contract Form

1. The following Table of Contents provides the Uniform Contract Format (UCF) sections within this solicitation and their corresponding title of content information.

SECTION TITLE

A Solicitation/Contract Form

B Supplies or Services and Prices/Costs

C Description/Specifications/Statement of Work

D Packaging and Marking

E Inspection and Acceptance

F Deliveries or Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Documents, Exhibits & Other Attachments

K Representations, Certifications & Other

Statements of Offerors or Respondents

L Instructions, Conditions & Notices to

Offerors or Respondents

M Evaluation Factors for Award

2. PRELIMINARY SCOPE OF WORK OF THIS SOLICITATION’S DESIGN-BUILD PROJECT

REQUIREMENT – FINAL VERSION TO BE PROVIDED IN PHASE 2

This project requires the contractor to design and build new utilities infrastructure and facilities at Camp John Pratt in Mazar-E Sharif. New utilities to be provided include electrical power, communications (e.g., telephone and Internet}, potable water, waste water, and site drainage. New facilities to be constructed include barracks (x15), latrines (x2}, laundries (x5), dining facilities (x2}, fitness center (x1), medical clinic (x1), headquarters buildings

(x3}, tactical operations center (x1), logistics building (x1), classrooms (x5), vehicle maintenance facility (x1), fire station (x1), small arms storage (x3}, storage buildings (x4), electric power generation plant with re fueling station, water supply system with well house, waste water treatment plant, entry control point and perimeter fence. All facilities, systems and structures will be delivered complete and ready for occupancy and use.

Priority 1 - Site Improvements & Force Protection:

Facility Standard Design Type Quantity

1) Demolition N/A

2) Perimeter Fence N/A

3) Site Grading & Drainage N/A

4) Potable Water Distribution Piping w/ Stub-outs N/A

5) Sanitary Sewer Piping w/ Stub-outs N/A

6) Roads N/A

7) Existing Road & Ditch Maintenance N/A

8) Entry Control Point FP05 x2

Priority 2 - Billeting:

1) Officers Barracks B03 x2

2) NCO Barracks B04 x4

3) Classroom CL01 x4

4) Latrine - Medium L02 x2

5) Electric Power Generation U01 x1

6) Electric Distribution for Priority 2 Facilities N/A

7) Potable Water Well House U03 x2

8) Potable Water Booster Pump House U06 x1

9) Potable Water Storage Tanks N/A

10) Waste Water Treatment Plant N/A

11) Dining Facility D02 x1

Priority 3 - Remaining Work:

1) Officers Barracks B03 x2

2) NCO Barracks B04 x3

3) Classroom CL01 x1

4) Small Arms Storage S03 x3

5) Headquarters Building AD04 x3

6) Tactical Operations Center TOC x1

7) Medical Clinic MS01 x1

8) Laundry MS02 x5

9) Fitness Center MS03 x1

10) Fire Station VM01 x1

11) Fire Station Water Supply MS14 x1

12) Logistics Building VM01 x1

13) Vehicle Maintenance Facility VM02 x1

14) Fuel Storage & Refueling Point VM03 x1

15) POL Storage VM06 x1

16) Medium Office / Barracks B25 x4

17) Storage S01 x3

18) Propane Storage Sunshade U13a x2

19) Ammunition Storage Point N/A

20) Electric Distribution for Priority 3 Facilities N/A

Standard designs for facilities and structures that make up Priority 1, 2 and 3, will be provided in the Plans and Specifications volume of the Phase 2 Solicitation. Those items above that are designated with an ‘N/A’ will need to be designed by the contractor.

NAICS Code: 236220

Estimated Magnitude Range of Construction Price: Between $25 Million and $100 Million

Total # of Days Period of Performance (PoP) Duration to Complete Contract: 947 Calendar Days

(a) # of Days PoP to Complete Priority 1 and Priority 2: 348 Calendar Days

(b) # of Days PoP to Complete Priority 3: 599 Calendar Days

3. PROCUREMENT METHODOLOGY

(a) This is a full and open, 2-phase, design-build, tradeoff source selection procurement using FAR Parts 15 and 36 proposal evaluation procedures. The following are the evaluation factors for Phases 1 and 2 of this solicitation:

Phase 1

Factor 1 – Specialized Experience Factor 2 – Construction Management Capability

Factor 3 – Past Performance

Phase 2

Factor 4 – Design Capability Factor 5 – Project Management Approach Factor 6 – Scheduling Capability

Factor 7 – Key Personnel Factor 8 - Price

(b) Proposal submittal requirements are found in Section L herein.

(c) The basis of award is in Section M herein.

(d) Pursuant to FAR 36.303-1, the Government intends to advance between 5 and 8 Phase 1 offerors to Phase 2 of the solicitation.

4. ENTRY-GATE CRITERIA – As authorized in the Army Source Selection Supplement (SSS) of 28 Nov 2017, the Government will utilize entry-gate criteria and a pass/fail rating methodology to evaluate objective requirements prior to the start of evaluating the Phase 1 proposals.

The objective requirements for this solicitation are as follows:

(a) REQUIRED REGISTRATIONS AND LICENSE

Failure of an offeror to have the following at the time of Phase 1 proposal due date, will result in the offeror’s Phase 1 proposal not being evaluated, and, thus, removed from competition:

(1) have an active, updated and completed registration in the System for Award Management (SAM) database;

(2) be determined base access eligible in the Joint Contingency Contracting System (JCCS)**; and,

(3) possess an Afghan Investment Support Agency (AISA) License or a Ministry of Commerce and Industries (MOCI) Entrepreneurial License, **Phase 1 proposals from offerors who are being vetted at the time of Phase 1 proposal submission deadline, will be evaluated. However, if there is still no decision as to whether the offeror is base access eligible at the conclusion of Phase 1 proposal evaluation, the offeror will not be considered for advnacement to Phase 2.

An offeror who would otherwise be awarded the contract, but due to an incomplete or expired registration(s) at any time up to contract award, will be deemed ineligible for the contract. Should this occur, the Government will then consider for award the next highest rated proposal with a reasonable price, who is determined responsible pursuant to the definition of ‘responsibility’ in FAR Part 9, and who possesses updated and valid registrations and is base access eligible according to JCCS.

The responsibility of maintaining current information in the following databases and organizations rests solely on the offeror:

a. System for Award Management (SAM): http://www.sam.gov/

b. Joint Contingency Contracting System (JCCS): https://www.jccs.gov/

c. Afghan Investment Support Agency (AISA) License: http://www.aisa.org.af/ or

Ministry of Commerce and Industries (MOCI) Entrepreneurial License:

http://moci.gov.af/

If an offeror is a joint venture (JV), the JV entity must have a valid registration representing the JV as one (1) business, firm or entity. This is also applicable to SAM, JCCS, AISA or MOCI License. The Government will not accept separate registrations and licenses for each separate entity representing the JV.

(b) REQUIRED BONDS

For this design-build project, the Government requires the winning contractor to provide a performance bond and a payment bond in an amount equal to 50% of the contract price. Thus, in addition to database registrations described in Paragraph 3(a) above and the offeror’s Phase 1 proposal receiving favorable ratings, another condition in order to advance to Phase 2 is the offeror’s ability to obtain the 2 required bonds as determined by the offeror’s response to the bonding question in the ‘Questionnaire for Phase 1 Offerors’ attachment. In that Questionnaire, the offeror must respond that he would be able to obtain the required bonds within 21 days after receiving contract award; otherwise, the offeror’s proposal will not advance to Phase 2.

For Phase 2, offerors must include in their Phase 2 proposal, an Irrevocable Letter of Credit (ILC) or a similar official, written commitment from an established financial institution, that attests to the offeror’s ability to obtain the required performance and payment bonds within 21 days of receiving contract award. Without an ILC or similar document in the offeror’s Phase 2 Proposal, the offeror will not be considered for contract award. FAR clause 52.228-14 explains the ILC in detail, and it is included in this solicitation in full text.

If the contractor is unable to obtain the 2 bonds 21 days after contract award, the Notice to Proceed (NTP) will not be issued, and the contract will be terminated.

5. INSTALLATION ACCESS REQUIREMENT

http://www.sam.gov/ http://www.jccs.gov/ http://www.aisa.org.af/ http://moci.gov.af/

In accordance with CENTCOM Clause 5152.225-5916, Mandatory Eligibility for Installation Access, the Government will remove an offeror from consideration and not evaluate or complete the evaluation of his proposal if the offeror is found to be base access ineligible in the Joint Contingency Contracting System (JCCS/JCXS). The Government reserves the right to make this determination at any time prior to contract award, including at the time of receipt of proposals and prior to the start of evaluations. The Government also reserves the right to determine an offeror ineligible for award at any time after receipt of proposals if an offeror becomes ineligible for installation access. No debriefing will be provided for those offerors removed from consideration as a result of their base access ineligibility, since the determination may be made in advance of the offeror’s proposal being reviewed or in advance of the Government completing its evaluation. Offeror queries or requests for reconsideration related to installation or base access eligibility must be directed to the authority responsible for base access decisions, and NOT the Contracting Officer.

6. QUESTIONS FROM OFFERORS

All offeror questions must be emailed to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil.

Responses to questions will be provided via an amendment to the solicitation.

7. PHASE 1 PROPOSAL DUE DATE

(a) The Past Performance Questionnaire attachment must be completed by each of the offeror’s customer/client POCs, and each POC must email the completed form to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil no later than 1500 HRS, Local Kabul Time, on 20 March 2018.

(b) Phase 1 Proposals, excluding completed Past Performance Questionnaires, must be emailed to the following persons no later than 1500 HRS, Local Kabul Time, on 24 March 2018:

Nikisha Cook at nikisha.w.cook@usace.army.mil

Mary Harding at mary.j.harding@usace.army.mil

OFFEROR QUESTIONS - 1

I. The following are Offeror questions and the Government’s response to each question:

Q1: We are still waiting to get an approval with regards to “Base Access”. Is there anything you can do for us to help get us the Base Access approval?

A1: U.S. Government contracting offices do not make the determination on which companies are Base Access Eligible. In the vetting process, the contracting office only reviews whether required documents have been submitted to JCCS. If all required documents have been submitted, the contracting office alerts JCCS, then JCCS begins their part in the vetting process. The decision as to whether a company is Base Access Eligible rests with those within, and/or directly or indirectly a part of or related to, the JCCS organization.

To know your JCCS status or which documents may be missing from your JCCS profile or if you want a contracting office to notify JCCS that all of your documents have been submitted, please contact Ms. Cherilyn Heyliger at cherilyn.o.heyliger@usace.army.mil. Her U.S. office phone number is 1-540-542-1432, and her local Roshan mobile number is 078-172-0662.

Q2: We are trying to determine the size and type of construction for the required buildings. The solicitation document calls out “standard design types” with associated numerical codes. Is there documentation that describes each type? We are a manufacturer of modular container complexes, so we would like to see if this opportunity is mailto:nikisha.w.cook2@usace.army.mil mailto:mary.j.harding@usace.army.mil mailto:nikisha.w.cook@usace.army.mil mailto:mary.j.harding@usace.army.mil mailto:nikisha.w.cook@usace.army.mil mailto:mary.j.harding@usace.army.mil mailto:cherilyn.o.heyliger@usace.army.mil applicable to us or if the construction type is more of a traditional stick built variety. Knowing the sq. ft. would also be helpful.

A2: The facilities for this project are concrete framed with CMU walls, with the exception of two (2) fac ilities which are steel framed with CMU walls. Modular containers complexes do not apply to this project nor will they be permitted for the project.

The Project Facilities and Approximate Square Meter Area attachment is now included in Section J of the solicitation. Each of the alpha-numerical codes listed on this attachment and on the Price Schedule is assigned to a specific ‘standard design’ developed by the Government for a specific structure or building type to be constructed and used only in Afghanistan. These standard designs will be provided in Phase 2 of the solicitation.

Q3: We have worked with US Army Corp of Engineers on past projects. Some of them ended Dec 2013 and 2014, but now, we cannot reach the POCs of those projects to send them the Past Performance Questionnaire. Could we fill out the Questionnaire and send them to you along with award letters, etc.?

A3: You are supposed to provide the Past Performance Questionnaire (PPQ) to your project POCs, so that those POCs can provide the Government with information on your performance on past or current, ongoing projects.

You (the offeror) must complete Blocks 1 through 10 of the first page of the PPQ, but you should not complete the 2nd and 3rd pages of the PPQ. If your project POCs worked for USACE, and you do not have current contact information on them, email the completed 1st page of the PPQ and your award letters and the 1st ten (10) pages of your past contracts, to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil as soon as possible, so that we can search for those POCs and forward the PPQ to them. The POCs will need to get the completed PPQs to us by 1500 HRS, Local Kabul Time, on 14 March 2018.

Q4: What is the difference between performance bond and payment bond, and for how many months are both bonds required?

A4: A performance bond is a written instrument of guarantee by a bonding company or surety that a construction contract will be completed by the contractor in accordance with the plans, specifications, terms and conditions of his contract with the Government. If the contractor is not able to complete the contract/project, the surety will step in to provide support, such as making payment to the Government for loss sustained, and/or the surety can take over and do whatever is necessary to have the contract/project completed per contract rquirements.

A payment bond is a written instrument of guarantee that the contractor will pay all his subcontractors, suppliers and laborers who work on the project. Because a performance bond and a payment bond are usually intertwined as a bonding requirement in certain construction contracts, a bonding company or surety will typically package the 2 bonds together so that the contractor only pays one rate for both bonds, but that may not always be the case. It is the responsibility of the offeror/contractor to obtain both performance and payment bonds for the resultant contract.

Additional information on both types of bonds are in FAR clause 52.228-15, which is included in full text in Section I of this solicitation, and in FAR Part 28.

Q5: We have bonding capability from a surety company that is not in Treasury Department Circular 570 list and bonding from this surety was accepted by USACE before in Afghanistan and in Europe. As per FAR 28.202(b):

“For contracts performed in a foreign country, sureties not appearing on Treasury Department Circular 570 are acceptable if the contracting officer determines that it is impracticable for the contractor to use Treasury listed sureties.” Please let us know if it is acceptable that we use Performance and Payment Bonds from a Surety that does not appear on the Treasury Department Circular 570.

A5: Yes, a surety that is not listed in the Treasury Department Circular 570 is acceptable for the required performance and payment bonds, as long as the surety meets the other requirements set forth for sureties in FAR Subpart 28.2, and the Government’s requirements for payment protection in FAR 28.102 are adhered to.

mailto:nikisha.w.cook@usace.army.mil mailto:mary.j.harding@usace.army.mil

Q6: Phase 1 - Factor 1 Specialized Experience: the form for this factor is missing or please advise what information is required to use for Specialized Experience.

A6: There is no “form” per se for this factor. The following paragraph pertains to Factor 1 / Specialized Experience, and is found in Section L Instructions to Offerors, of the solicitation: “In separate tabs within the offeror’s Technical Proposal for Factor 1, the offeror shall provide a list of at least three (3) design-build construction projects, but not more than five (5) design-build projects, that the offeror has completed within the past five (5) years from the issuance date of this solicitation, or that are currently ongoing and substantially complete (at least 50% construction progress completed). These projects should be recent and relevant and also similar in size, scope, and complexity to the project contemplated for this solicitation…”

There are additional narratives following the above paragraph. Please carefully read all information pertaining to this factor in Section L and in Section M of the solicitation, to fully understand what the Government is requiring you to include in your Phase 1 proposal and also how the Government will evaluate your submittals for this factor.

A revised Table of Contents showing the pages of each of the sections of the solicitation, is included in this conformed RFP.

Q7: Phase 1 – Factor 2 Construction Management Capability: the contents for this factor is not clear and has not been addressed in the solicitation documents.

A7: The following paragraph pertains to Factor 2 /Construction Management Capability, and is found in Section L of the solicitation: “The offeror shall provide a narrative explaining the offeror’s use and experience with the USACE Resident Management System (RMS) or the previously-implemented Quality Control System (QCS) for design-build construction projects. Include information on responsibilities of the contractor in the submittal process as it relates to RMS or QCS…The offeror shall provide a narrative explanation of USACE EM-385-1-1 requirements that the offeror had typically implemented and enforced at the job site for design-build construction projects.”

There are additional narratives pertaining to Factor 2 in Sections L and M of the solicitation.

Q8: If the Client’s representative is no longer available in Afghanistan to fill out the past performance questionnaire for the offeror, what will be the scenario in this case?

A8: Please see Government Response #A3 above. Additionally, the offeror may include in its Phase 1 proposal, completed Past Performance Questionnaires for other US Government contracting offices, as long as the contract or project which the PPQs were submitted for, were for design/build projects undertaken for Clients sometime in the last five (5) years from the issuance date of this solicitation.

If the Government does not receive, or cannot find, past performance information on the offeror from databases or other resources, the offeror will receive a ‘Neutral Confidence’ rating for Factor 3 / Past Performance. Neutral Confidence is neither a favorable or an unfavorable past performance rating.

Q9: Since we are an Afghan-based company, it is not practical to get bond from sureties which are listed in Treasury Circular 570. We have tried before, but none are ready to issue performance and payment bonds. We will appreciate if there is any possibility for waiving the subject term in the solicitation.

A9: The requirement for a performance bond and a payment bond cannot be waived for this project/contract.

However, the surety does not have to be listed in the Treasury Circular 570, as long as the surety you intend to use, meets the other requirements set forth for sureties in FAR Subpart 28.2 and the Government’s requirements for payment protection in FAR 28.102. See Government Response #A5 above.

Q10: Can we use CCASS report instead of Past Performance Questionnaire?

A10: You can include CCASS reports in your Phase 1 proposals. But the CCASS report will not take the place of the required Past Performance Questionnaire. The CCASS report should have been completed and signed by a US

Government representative, but if you do not have current email or telephone information on that POC, we will attempt to find this individual. However, if the CCASS report is all that we receive as past performance information on you, then that submittal is all that will be evaluated for this factor.

Q11: We completed several projects in past 5 years for USACE, and we are not sure whether the project POCs still work for USACE. If POC of each project no longer works for USACE, what should we do for PPQ?

A11: Complete Blocks 1 through 10 of the 1st page of the PPQ, and email it to Ms. Nikisha Cook and Ms. Mary Harding as soon as possible, so that we can find the project POC. Reminder that the completed PPQs must be submitted to us no later than 1500 HRS, Local Kabul Time, on 14 March 2018. See Government Response #A3, A8 and A10 above.

OFFEROR QUESTIONS - 2

II. The following are Offeror questions and the Government’s response to each question:

Q12: For how many months are the performance and payment bonds required?

A12: Both bonds are required for the entire duration of the contract, which is 947 days.

Q13: How can we estimate without any dimension for the following: barracks (x15), latrines (x2), laundries

(x5), dining facilities (x2), fitness center (x1), medical clinic (x1), headquarters buildings (x3)…storage buildings (x4)?

A13: Dimensions, drawings and specifications will be provided at Phase 2 of the solicitation process. Phase 1 proposals do not require cost/price. A price proposal will be required only during Phase 2.

Q14: There is almost no bonding practice in countries other than United States. Companies from those countries other than United States should provide ILCs from banks in lieu of bonds, and it is much more difficult to obtain ILCs from banks compared to bonds obtained from sureties. This causes an unfair competition environment. Therefore, we kindly request Government to reduce the percentage of the ILCs to toal of 10% as 5% Performance Bond and 5% Payment Bond.

A14: After considerable deliberations regarding this issue, the amount required for performance and payment bonds are now 15% of the proposed price. And, once contract is awarded, the contractor is required to provide the performance and payment bonds at 15% of the awarded contract price, within 21 working days of contract award.

OFFEROR QUESTIONS - 3

A. Submittal Requirements for Factor 3 – Past Performance is changed as follows:

From Paragraph 1: The offeror shall provide a list of three (3) customer or project owner Points of Contacts (POCs) who will provide present and/or past performance information on the offeror for design/build projects undertaken for the POCs the last ten (10) years from the issuance date of this solicitation.

From Paragraph 3: The offeror may provide completed Past Performance Questionnaires for other U.S. Government contracting offices as long as the projects undertaken for the customer/client/project owner, and which the client/customer POC was providing performance information on the offeror, were for design/build projects completed in the last ten (10) years from the issuance date of this solicitation.

B. Questions and Answers

III. The following are Offeror questions and the Government’s response to each question:

Q15: May we submit a copy of our CPARS completion ratings in lieu of a new PPQ? If yes, do we need to send this separately prior to 15 March?

A15: Yes, you can submit a CPARS completion ratings in lieu of a new PPQ, by the due date and time of the Phase 1 proposal (24 March 2018).

Q16: If the PPQ only is acceptable, may we submit a PPQ completed previously for the USACE? Or, are you requiring a new PPQ, sent directly from the original contract POC?

A16: We would prefer a new PPQ, but you can submit a previous PPQ from USACE if it was completed within the last 10 years from the issuance date of this solicitation, and submit that with the Phase 1 proposal.

Q17: Please extend the deadline for PPQ and proposal submission by at least two weeks.

A17: The deadline for PPQ submittal is now changed to 1500 HRS, Local Kabul Time, on 20 March

2018.

The Phase 1 proposal deadline remains at 1500 HRS, Local Kabul Time, on 24 March 2018. The Government cannot change the deadline date for the Phase 1 proposal because the procurement schedule is aggressive and must be adhered to in order to meet customer requirements.

Q18: In Factors 1 and 2, can we use subcontractor’s experience / past performance to satisfy requirements of this proposal?

A18: Yes, you can use your experience and past performance as a subcontractor for Factors 1 and 2. For Factor 1 / Specialized Experience, make sure to state on your list of projects that you were a subcontractor for the applicable project(s). In the Factor 1 Submittal Requirement, it states that the following information (under #4) must be included on your list: “Whether the Offeror was the Prime, Subcontractor or Part of a Joint

Venture and Percentage of Work Performed by the Offeror”.

If you meant the question for Factor 3 / Past Performance, the answer is yes, you can use your experience and past performance as a subcontractor to address this factor.

Q19: JCCS authority notified us that our documents have been submitted for base vetting / approval. We may get final decision during proposal evaluation. Would you let our proposal be in competition until we get base access decision?

A19: Yes, we will allow the evaluation of Phase 1 proposals from offerors who are being vetted at the time that Phase 1 evaluation is taking place. However, we will not advance to Phase 2 any offeror who is not actually determined base access eligible at the conclusion of Phase 1 proposal evaluation. That is the fairest process since there will be offerors who are already base access eligible prior and during Phase 1 evaluation.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Design - Build of Camp Pratt, MeS

FFP

The contractor shall provide all labor, material, equipment, tools, transportation, logistical support, security, quality control, supervision, project management and any and all other services and requirements necessary to successfully execute and complete this project in accordance with the drawings, specifications, attachments, terms, conditions, provisions and clauses included in the solicitation and resultant contract.

FOB: Destination

PURCHASE REQUEST NUMBER: W5J9JEANA18064

NET AMT

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

52.215-21 Alt I Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate I

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.201-7000 Contracting Officer's Representative DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States

JUN 2015

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7014 Taxes--Foreign Contracts in Afghanistan DEC 2015 252.235-7000 Indemnification Under 10 U. S. C. 2354 Fixed Price DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP 2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov —

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

http://www.sam.gov/

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND

AREA OF RESPONSIBILITY (DEVIATION 2017-O0004)(SEP 2017)

(a) Definitions. As used in this clause—

“Combatant Commander” means the Commander of the United States Central Command Area of Responsibility.

“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S.

Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments).

Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Designated reception site” means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites.

“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

“Non-CAAF” means personnel who are not designated as CAAF, such as local national (LN) employees and non- LN employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S. Armed Forces.

Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

“Subordinate joint force commander” means a sub-unified commander or joint task force commander.

(b) General.

(1) This clause applies to both CAAF and non-CAAF when performing in the United States Central Command (USCENTCOM) Area of Responsibility (AOR).

(2) Contract performance in USCENTCOM AOR may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor personnel are only authorized to use force for individual self-defense.

(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).

(5) Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.

(c) Support.

(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because—

(A) The Contractor cannot obtain effective security services;

(B) Effective security services are unavailable at a reasonable cost; or

(C) Threat conditions necessitate security through military means.

(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians.

(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides emergency medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized.

(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the USCENTCOM AOR. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed.

(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the USCENTCOM AOR under this contract.

(d) Compliance with laws and regulations.

(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR are familiar with and comply with, all applicable—

(i) United States, host country, and third country national laws;

(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;

(iii) United States regulations, directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals.

(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.

(3) The Contractor shall ensure that CAAF and non-CAAF are aware—

(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program;

(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, or another Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and

(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause).

(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under—

(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or

(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following:

(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.

(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause.

(iii) This section does not create any rights or privileges that are not authorized by law or DoD policy.

(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—

(i) US Army Criminal Investigation Command at http://www.cid.army.mil/index.html;

(ii) Air Force Office of Special Investigations at http://www.osi.af.mil;

(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;

(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;

(v) Any command of any supported military element or the command of any base.

(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United States are aware of their rights to—

(i) Hold their own identity or immigration documents, such as passport or driver’s license;

(ii) Receive agreed upon wages on time;

http://www.cid.army.mil/index.html http://www.osi.af.mil/ http://www.ncis.navy.mil/Pages/publicdefault.aspx http://www.dodig.mil/HOTLINE/index.html http://www.dodig.mil/HOTLINE/index.html

(iii) Take lunch and work-breaks;

(iv) Elect to terminate employment at any time;

(v) Identify grievances without…