W5J9JE18R0006_Amend_0002_05Mar18.pdf

W5J9JEANA18064

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Design-Build of Camp Pratt

1. CONTRACT ID CODE PAGE OF PAGES

J 1 24

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 05-Mar-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W5J9JE18R0006

X 9B. DATED (SEE ITEM 11)

28-Feb-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-Mar-2018

CODE

TRANSATLANTIC AFGHANISTAN ENGINEER - TAA

DISTRICT (TAA), US ARMY CORPS OF ENGINEERS

CETAA-CT, BAGRAM AE 09354

W5J9JE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE18R0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The Issued By organization has changed from

TRANSATLANTIC AFGHANISTAN ENGINEER - TAA

DISTRICT (TAA), US ARMY CORPS OF ENGINEERS

CETAA-CT, BAGRAM AE 09354

to

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

The following have been added by full text:

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 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) facilities 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.

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.

The following have been modified:

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 refueling 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, 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

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 15 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

SECTION I - CONTRACT CLAUSES

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

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30% percent of the total amount of work to be performed by Prime Contractor and 70% by subcontractor under this contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been added by full text:

PROJECT FACILITIES & APPROXIMATE SQUARE METER AREA

STANDARD DESIGN STRUCTURE OR FACILITY AREA & BUILDING TYPE

DESIGNATOR CODE

B03 Officer Barracks 761 SM and 1-Story B04 NCO Barracks 625 SM and 1-Story L02 Latrine Building – Medium 180 SM and 1-Story D02 DFAC (735 person per meal) 497 SM and 1-Story

AD04 Headquarters Building 821 SM and 1-Story CL01 200-Student Classroom (4x50) 392 SM and 1-Story

CL03 (TOC) 300-Student Classroom (1x300) 515 SM and 1-Story MS01 Medical Clinic 325 SM and 1-Story MS02 Laundry 49 SM and 1-Story MS03 Fitness Center 621 SM and 1-Story S01 Storage 895 SM and 1-Story S03 Small Arms Storage (SAS) 98 SM and 1-Story

VM01 Logistics Building 231 SM and 1-Story VM03 Fuel Storage and Vehicle Refueling

Point 70 SM + 173 SM and 1-Story

VM06 POL Building 25 SM and 1-Story FP05 Guard Shack 12 SM and 1-Story U01 Electrical Power Generation and

Distribution 630 SM and 1-Story

U03 Well House 20 SM and 1-Story VM02 Vehicle Maintenance Facility 180 SM and 1-Story

FOR BOTH PHASES

LIST OF SOLICITATON ATTACHMENTS

1. Price Schedule (with Base and Option Item CLINs) – final version to be provided in Phase 2 of the solicitation

2. Questionnaire For Phase 1 Offerors

3. Past Performance Questionnaire (to be provided by the offeror to 3 different client/customers)

4. Corporate Certificate / Authority to Bind Partnership Form

5. Design-Build Project Specifications and Drawings – April 2018 (will be included in Phase 2 of the solicitation)

6. Questionnaire For Phase 2 Offerors

7. Project Facilities and Approximate Square Meter Area

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

WHAT TO INCLUDE IN PROPOSAL

PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT

1. The following must be included in the offeror’s proposal:

Phase 1

a) Signed SF 1442 Solicitation, Offer and Award, with Blocks 14-20c completed, including acknowledgement of any amendments issued

b) Completed ‘Questionnaire for Phase 1 Offerors’ found in Section J of the SF 1442 (this Questionnaire asks for the offeror’s JCCS ID number, Cage Code, bonding capability, etc.)

c) Required Submittals for Factor 1 – Specialized Experience

d) Required Submittals for Factor 2 – Construction Management Capability

e) Required Submittals for Factor 3 – Past Performance (Completed Past Performance Questionnaires must be received separately via email from the offeror’s customers/project owners)

f) Completed Representations and Certifications from Section K of the SF 1442, including the Corporate

Certificate/Authority to Bind Partnership (if applicable to the offeror**).

Phase 2

a) Signed conformed SF 1442 Solicitation, Offer and Award, with Blocks 14-20c completed, including acknowledgement of all amendments issued for Phases 1 and 2

b) Completed Section B of the SF 1442 (Total Proposed Price of CLIN 0001)

c) Completed Price Schedule with Base & Option CLINs found in Section J of the SF 1442

d) Cost/Price Breakdown To Support Base & Option CLIN Prices

e) Completed Questionnaire for Phase 2 Offerors (Attachment on Mobilization, Demobilization, DBA

Insurance for Cost Engineer Evaluation and Company History and Profile for Responsibility Determination)

f) Irrevocable Letter of Credit or similar official, financial instrument in accordance with FAR 28.204-3, 52.228-14 and 52.228-15, that serves as the financial institution’s attestation of the offeror’s ability to obtain Performance and Payment Bonds amounting to 50% of the offeror’s proposed price for the contract

g) Required Submittals for Factor 4 – Design Capability

h) Required Submittals for Factor 5 – Project Management Approach

i) Required Submittals for Factor 6 – Scheduling Capability

j) Required Submittals for Factor 7 – Key Personnel

k) Completed Financial Standing Questionnaire Attachment (for Financial Responsibility Determination)

**If the offeror is a corporation, complete the Corporate Certificate. If the offeror is a partnership, complete the Authority to Bind Partnership and provide a copy of the Partnership Agreement. If the offeror is a Joint Venture, complete the Corporate Certificate for each member of the Joint Venture and provide a copy of the Joint Venture Agreement.

2. SUBMITTAL REQUIREMENTS

FACTOR 1 – SPECIALIZED EXPERIENCE

A. 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.

Definitions

Size – a project with a contract value of at least $10,000,000 (TEN MILLION US DOLLARS). All submitted project experience must meet this requirement.

Scope – a project in which infrastructure and facilities designed and constructed are similar to those included in this solicitation’s scope of work – i.e., barracks, classrooms, administration buildings, tactical operations center, dining facilities, latrines/showers, laundries, fitness center, medical clinic, vehicle maintenance facilities, fire station, ammunition storage point, electric power generation, water well and distribution, sewage disposal system including treatment plant, roads and sidewalks, and force protection.

Complexity – a project which required a level of activities (labor, subcontracting, equipment, materials, management, supervision, etc.) in design and construction efforts that are similar to the level of activities required for this solicitation’s project scope. The offeror’s submitted projects should demonstrate similarity in the interrelated work features required in executing multiple, concurrent design and construction activities involving vertical and horizontal structures. Similarities in features include, but are not limited to: surveying, architectural, civil, structural, geotechnical, structural, electrical, mechanical design and construction project elements.

The following information must be provided for each construction project submitted for evaluation:

1. Contract and/or Task Order Number;

2. Title, Location, Completion Date and U.S. Dollar Value of the Project;

3. Contracting Agency or Project Owner Name, Email Address, and Phone Number;

4. Whether the Offeror was the Prime, Subcontractor or Part of a Joint Venture and Percentage of Work

Performed by the Offeror;

5. Description of the project’s scope of work and the offeror’s specific roles and responsibilities in the project.

Include what specifically was designed, and the name of the Architect/Engineer Designer of Record. In the case of any listed projects that included subcontracted work, provide the names of any subcontractor(s) that performed more than 40% of project work requirements.

If any information requested above is missing for any of the projects submitted for evaluation, the offeror will not receive an Acceptable rating for this submittal requirement.

FACTOR 2 – CONSTRUCTION MANAGEMENT CAPABILITY

1. 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.

2. 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.

FACTOR 3 – PAST PERFORMANCE

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 five (5) years from the issuance date of this solicitation. The Government may contact these POCs to request/verify past and/or present performance information on the offeror. Thus, the POCs must be able to speak, read and/or write in English.

The offeror’s list of 3 POCs shall consist of the following information:

(a) Name of organization of the customer or project owner

(b) Name of POC(s) at organization who are knowledgeable of offeror’s work on the project

(c) Email address of POCs

(d) Telephone number(s) of POCs

(e) Contract number, title, location and period of performance of project

(f) Brief description of project

(g) Value of project (in U.S. Dollars)

2. The offeror must provide the Past Performance Questionnaire (PPQ) Attachment found in Section J herein, to the three (3) project owners or customers listed under Factor 3 Submittal Requirement #1 (above). Those POCs must email their completed PPQs to nikisha.w.cook@usace.army.mil and mary.j.harding@usace.army.mil by 1500 HRS Local Kabul Time on 15 March 2018.

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 five (5) years from the issuance date of this solicitation.

3. ADDITIONAL INSTRUCTIONS TO OFFERORS

The offeror must provide the following information:

(a) The offeror’s JCCS ID Number – The offeror must be Base Access Eligible in the JCCS system at the time of proposal due date for Phase 1 of this solicitation. JCCS registration information is available at https://www.jccs.gov.

(b) The offeror’s CAGE or NCAGE Code, DUNS Number, and AISA (Afghanistan Investment Support Agency) Registration Certificate (if applicable). Afghan firms must provide a copy of their AISA Registration Certificate or a Ministry of Commerce and Industries (MoCI) Entrepreneurial License. The offeror must have an AISA Certificate or MoCI License (if an Afghan firm or if applicable to the firm) and be registered in the System for Award Management (SAM) database at the time of proposal due date for Phase 1 of this solicitation, in order to receive an Acceptable rating for this submittal requirement. AISA registration and contractor visa information are available at http://photos.state.gov/libraries/adana/5/BSA/Visa_amp_AISA_CL-May.pdf. MoCI license information is available at http://moci.gov.af/.

(c) Proposals must be typed and submitted in English. Proposals submitted in a language other than English will be rejected and not evaluated. Letters of Commitment and JV Partner Agreements that are not in English, must be accompanied by an English translated copy, with a signed statement by the authorized representative of each JV Partner or subcontractor partner, that the English translation is true and correct.

(d) The offeror’s proposal shall be in an Adobe portable document format (PDF). A Table of Contents shall be included and shall identify major areas within the proposal by subject title and page number.

The proposal’s cover page or cover letter should include, at a minimum, the following information:

1. RFP #W5J9JE-18-R-0006 – Phase 1 Solicitation for Design-Build of Base Facilities at Camp John Pratt, Mazar-E Sharif, Balkh Province, Afghanistan, Project Number: ANA-18-064.

2. The offeror’s official business name; company’s official mailing address; business telephone number(s);

full name and email address of official(s) who have authority to contractually bind the offeror.

3. The offeror’s Cage Code, DUNS Number, AISA Registration or MoCI License Number (if applicable), JCCS ID Number and Tax ID Number (if applicable).

(e) The offeror should not modify the terms and conditions of the solicitation, nor add conditions or qualifications to his proposal based on an assumption or based on his own modification of the terms and/or conditions of the solicitation. Should the offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror’s proposal may be determined to be ineligible for further evaluation or for award. Any questions related to specific terms and conditions contained within the solicitation should be resolved with the Contracting Officer prior to proposal submission.

(f) References in the offeror’s proposal to, and examples of “confidential” or “classified” projects or contracts, should not be included in the offeror’s proposal unless the information is authorized to be disseminated or can legally be provided to the Government for review and evaluation. Offerors who include information in their proposals that they do not want disclosed to the public or to anyone without a need-to-know, must clearly mark their proposals in accordance with the instructions at FAR 52.215-1, paragraph (e), Restriction on Disclosure and Use of Data.

(g) An offeror’s initial proposal should contain the offeror’s best terms, as discussions may not be conducted with the offeror.

(h) All proposals must be submitted via email. No other forms of submission will be accepted by the Government.

It is the offeror’s responsibility to ensure its proposal is received by the Government emailing system by the date and time of the proposal deadline. Undeliverable emails due to an offeror’s proposal size is not the responsibility of the Government.

(i) The Phase 1 Proposal is due no later than 1500 HRS, Local Kabul Time, on 24 March 2018, and must be emailed to the following two (2) email addresses by this stated deadline:

Mary Harding, Contracting Officer – mary.j.harding@usace.army.mil Kisha Cook, Contract Specialist – nikisha.w.cook@usace.army.mil

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit.

(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used.

(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and--

(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period;

(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be:

(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of--

(A) One year following the expected date of final payment;

(B) For performance bonds only, until completion of any warranty period; or

(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment.

(ii) For contracts not subject to the Miller Act, the later of--

(A) 90 days following final payment; or

(B) For performance bonds only, until completion of any warranty period.

(d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC.

(2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year.

(3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC.

(4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC.

(e) The following format shall be used by the issuing financial institution to create an ILC:

[Issuing Financial Institution's Letterhead or Name and Address]

Issue Date _ ___

IRREVOCABLE LETTER OF CREDIT NO. ___

Account party's name ___ _

Account party's address ___ _

For Solicitation No. W5J9JE-18-R-0006

TO: USACE

TRANSATLANTIC AFGHANISTAN (TAA), USACE-TAA-HQ BAGRAM, APO AE 09354, U.S.A.

1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___ . This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___ , or any automatically extended expiration date.

2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date.

3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery.

4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any.

5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution].

6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [ ___ Issuing financial institution]

(f) The following format shall be used by the financial institution to confirm an ILC:

___ [Confirming Financial Institution's Letterhead or Name and Address]

(Date) ___

Our Letter of Credit Advice Number ___

Beneficiary: ___ [U.S. Government agency]

Issuing Financial Institution: ___

Issuing Financial Institution's LC No.: ___

Gentlemen:

1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date.

2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _.

3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein.

4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless:

(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or

(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit.

5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution].

6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business.

Sincerely, [Confirming financial institution]

(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:

SIGHT DRAFT

[City, State]

(Date) ___

[Name and address of financial institution]

Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___

___ [Beneficiary Agency]

By: ___

(End of clause)

SECTION M - EVALUATION FACTORS FOR AWARD

FOR BOTH PHASES

A. BASIS OF AWARD

1. This is a full and open, 2-phase, design-build construction, source selection procurement which will utilize FAR Parts 15 and 36 to evaluate proposals and award the contract. Phase 1 proposals from offerors who are determined base access ineligible, based on their rating from the Joint Contingency Contracting System (JCCS/JCXS) at the time of Phase 1 proposal submission deadline, will not be evaluated.

Only Phase 1 offerors that advance to Phase 2, will receive the solicitation amendment which provides project drawings and specifications and proposal submittal requirements for the Phase 2 evaluation factors. The Government’s intention is to advance five (5) to eight (8) Phase 1 offerors to Phase 2.

After the Phase 2 proposal evaluation process has concluded, the Contracting Officer will award a firm-fixed-price, design-build construction contract to the responsible*, base access eligible offeror whose proposal conforms to the solicitation; whose price was determined fair and reasonable; and, whose proposal offers the best overall value to the Government, considering all price and non-price evaluation factors described herein.

*‘Responsible’, in this instance, refers to the meaning of the word as described in FAR 9.104-1.

2. Any information provided in the offeror’s proposal or in response to negotiations, are subject to verification. If the Government discovers false, inaccurate, misleading or misrepresented information in the offeror’s proposal, that proposal will immediately be removed from consideration and will not be further evaluated or receive contract award.

3. The following are the evaluation factors for Phases 1 and 2 of this solicitation:

Factor 1 – Specialized Experience

Factor 2 – Construction Management Capability Factor 3 – Past Performance

Phase 2

Factor 4 – Design…