18R0016_Commando_Amend0001.pdf

W5J9JEANA19006

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 Commando Project #s ANA-18-080 and ANA-19-006

SEE PAGE 2 OF THIS AMENDMENT DOCUMENT.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 34

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

16C. DATE SIGNED

BY 05-Apr-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 W5J9JE18R0016

X 9B. DATED (SEE ITEM 11)

21-Mar-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-Apr-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:

W5J9JE18R0016

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

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 performance payment bonds No has been added.

The following have been added by full text:

QUESTIONS & ANSWERS - 1

1. The following are questions from prospective offerors and the Government’s response to each question:

Q1: Can you please mention which Questionnaire is required to be filled out, since we were unable to find such a document?

A1: The Questionnaire for Phase 1 Offerors is now in Section 00 45 00 Representations and Certifications.

Q2: Kindly provide the Phase 1 questionnaire form.

A2: See A1 above.

Q3: Kindly confirm the correct ANA project reference number:

a. SF1442 – ANA-18-080 and ANA-19-006 Design-Build of HQ Expansion Phases 1 and 2 Camp

Commando, Kabul, Afghanistan

b. Page 13 – ANA-18-090 and ANA-19-006 A3: The correct ANA project numbers, combined for this one procurement, are ANA-18-080 and ANA- 19-006.

Q4: Is there any page limitation for the Phase 1 Proposal?

A4: Yes – 50 pages, not including title pages, section dividers/tabs, table of content, offeror Representations/Certifications and the completed Questionnaire for Phase 1 Offerors.

2. The Price Schedule in Section 00 10 00 is revised to add a separate CLIN for Demobilization, delete Unexploded Ordnance and also to include an underline for each unit price block.

3. It is the sole responsibility of the offeror to ensure that all documentation and information required by the Joint Contracting Contingency System (JCCS) have been uploaded onto the JCCS online portal for vendors. If you are not sure if your submitted documentation have been forwarded for review and approval, please inquire immediately with Ms. Kisha Cook at nikisha.w.cook@usace.army.mil. The process for obtaining a JCCS rating for base access eligibility can take as long as 6 to 8 weeks, so the offeror should provide all required documentation as soon as practicable in order to be allowed to compete for USACE contracts in Afghanistan.

The following have been modified:

Price Schedule W5J9JE18R0016 Design-Build of Camp Commando

Project Numbers ANA-18-080 and ANA-19-006 Item No.

Description Quantity Unit Unit Price Extended Amount

0001 Survey

JOB

0002 Geotechnical Investigation

1 JOB

Engineering Design

Mobilization

Demolition

Grading and Drainage mailto:nikisha.w.cook@usace.army.mil

Erosion Control

Roads/Parking Area/Sidewalks

Water System

Sanitary Sewer

Collection System

Site Electrical

System

Site Communications

System

Headquarters Buildings

Headquarters Buildings Furniture

0015 Joint Operations Center (JOC)

Building

Fusion Cell

Conference

Furniture for CLINs 0015 through 0017

As-Built Drawings

Demobilization

TOTAL PRICE

Total of Base CLINS 0001 through 0020 $ _________________________

NOTE 1: Award will be made as a whole (meaning all line items) to only one (1) offeror.

NOTE 2: Offerors shall furnish unit prices for each item listed in the above Schedule.

If the offeror fails to insert a unit price in the appropriate blank for any of the line items above, but furnishes an extended total, the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity.

IF AN OFFEROR OMITS BOTH THE UNIT PRICE AND THE EXTENDED TOTAL

FOR ANY ITEM, ITS OVERALL OFFER SHALL BE DECLARED INELIGIBLE FOR

AWARD.

NOTE 3: Any offer may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the price proposal, but also the unit price and extended price for individual line items.

NOTE 4: The unit “JOB” as used in this Price Schedule is synonymous with the term “Lump Sum” or “LOT”.

NOTE 5: The offeror’s Cost/Price Breakdown Spreadsheet shall contain costs, rates and data that align with, and support, the unit and extended prices shown in the offeror’s Price Schedule.

NOTE 6: This Price Schedule is for information purposes only during Phase 1. The final version will be provided in the Phase 2 solicitation. ** Be advised the Government may delete or add additional line items to the final version of this Price Schedule.

SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

This solicitation is for a firm-fixed price contract for the ANASOC Corps Headquaters Expansion Phases 1 and 2, Camp Commando, Kabul Province, Afghanistan. Work to include: Construction of two headquarter buildings, one conference center, one Joint Operations Center (JOC), one fusion cell building, utilities (water, electrical distribution, communications, sewer lines), demolition and other infrastructure.

In accordance with Federal Acquisition Regulation (FAR) Part 15, award will be made to the responsible Offeror whose overall proposal is determined to be the most advantageous to the Government. Pricing shall be evaluated for completeness and reasonableness. Each technical proposal shall be evaluated against the solicitation requirements, assessing the strengths, weaknesses, and deficiencies of each proposal.

Magnitude of Construction: The estimated cost of this project is between U.S. $5,000,000 and $10,000,000.

The Primary NAICS code is 236220 with a small business size of $36.5 million.

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, may not be evaluated. Phase 1 proposals from offerors who are being vetted by JCCS at the time of Phase 1 proposal submission deadline, will be evaluated; however, if the offeror has not yet received base access eligibility determination at the conclusion of Phase 2 proposal evaluation if the offeror advanced to Phase 2, the offeror will not be considered for contract award.

Only Phase 1 offerors who 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) 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, is 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:

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

4. ORDER OF IMPORTANCE OF PHASE 1 FACTORS

Factor 1 – Specialized Experience is the discriminator factor that the Government will use to choose the highest technically-rated proposal(s), as this factor is more important than Factor 2 – Construction Management Capability and Factor 3 - Past Performance. Factor 3 - Past Performance is more important than Factor 2 – Construction Management Capability.

5. ORDER OF IMPORTANCE OF PHASE 2 FACTORS

Factor 4 – Design Capability is the discriminator factor, as this factor is more important than Factors 5, 6 and 7.

Factors 4, 5, 6 and 7, when combined, are approximately equal to cost or price (Factor 8) in importance.

6. Tradeoff source selection procedures, using adjectival ratings, will be utilized for the evaluation of proposal submittals for Factor 1/Specialized Experience, Factor 2/Construction Management Capability and all non-cost/price submittals included in the Phase 2 technical proposal.

The following Table of Combined Technical/Risk Ratings contain the adjectival ratings that will be used by the Government technical evaluation board to rate the submittals for Factors 1, 2, 4, 5 and 6:

ADJECTIVAL RATING DESCRIPTION

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths. Risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength. Risk of unsuccessful performance is low to moderate.

Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements of the solicitation, and, thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is unawardable.

The following Table of Confidence Assessment Ratings contain the ratings that the technical evaluation board will use for Factor 3/Past Performance:

Adjectival Rating Description Substantial Confidence Based on the offeror’s recent/relevant performance record, the

Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

7. The Government intends to evaluate proposals and award a contract without conducting discussions with offerors. However, the Government reserves the right to hold discussions if the Contracting Officer determines them to be necessary. The Government may request clarifications as described in FAR 15.306(a) at any time after receipt of offeror proposal. For purposes of efficiency, pursuant to FAR 15.306(c)(2), the number of proposals in the Competitive Range, should one be established, may be limited by the Contracting Officer to the quantity that will permit an efficient competition among the most highly rated proposals.

B. EVALUATION FACTORS

1. PHASE 1 - The following are the evaluation factors for Phase 1 of this solicitation:

FACTOR 1 - SPECIALIZED EXPERIENCE

EVALUATION CRITERIA

This factor evaluates the offeror, as an organization, to determine if the offeror has the qualifications, ability, and capability to successfully execute and complete the design-build construction project contemplated for this solicitation, based on the offeror’s submitted experience and qualification information. Project-related information submitted must demonstrate the offeror’s recent and relevant experience and if the submitted information is similar in size, scope, and complexity to the project in the solicitation.

The Government will evaluate the offeror’s proposal to ensure:

(a) There are at least three (3) projects submitted for evaluation, and no more than five (5) for this factor; (b) The projects submitted for this factor demonstrate the offeror would be capable of successfully executing and completing the design and construction requirements of the project contemplated for this solicitation based on the offeror’s experience as specified on the projects submitted for evaluation;

(c) The projects submitted for this factor are ongoing and substantially complete (construction at least 50% complete) or have completed within the last ten (10) years from the issuance date of this solicitation.

Offerors who submit five (5) projects for evaluation and all 5 projects meet or exceed solicitation criteria/requirements, will be given a higher adjectival rating for this factor than offerors who submit only three (3) or four (4) projects that meet or exceed solicitation criteria/requirements.

FACTOR 2 – CONSTRUCTION MANAGEMENT CAPABILITY

This factor evaluates the offeror’s understanding of, familiarity and experience with:

(a) The USACE three-phase inspection process for construction contracts. This is also known as the USACE Three Phase Control System. The offeror may describe his experience with this inspection process for projects with the Naval Facilities Engineering Command (NAVFAC) or the Air Force Civil Engineer Center (AFCEC), since both organizations have adopted the same USACE quality control and inspection policies and procedures for construction projects;

(b) The design/construction submittal process; and,

(c) A scheduling software program or application as a tool to successfully manage design-build construction projects.

FACTOR 3 - PAST PERFORMANCE

In past performance evaluations, the offeror’s performance record on similar contract efforts, is examined to predict the probability the offeror will successfully perform the proposed contract. The difference between an offeror’s experience and the offeror’s past performance is that experience is what work the offeror has done, and past performance is how well the offeror did it.

This factor evaluates present and past performance information on the offeror as they relate to a variety of performance-related criteria and standards, to include but not limited to the following: (a) the offeror’s technical capability to design utility systems and buildings; (b) technical capability to successfully complete a vertical construction project similar to the project contemplated for this solicitation; (c) ability to meet project milestone schedules; (d) quality of workmanship; (e) compliance with onsite safety and security requirements; (f) the offeror’s quality control program; (g) ability to effectively manage the project; (h) whether the offeror is reasonable to work with; and, (i) whether the client/customer would contract with the offeror on future projects.

Past performance information on the offeror will be obtained through various means, including telephonic inquiries or emails to references or previous customers, previous past performance questionnaires, COR Reports and retrieval from Government databases, such as PPIRS/CPARS, which contain contractor performance evaluations. Past performance information should be for projects that are currently ongoing (construction at least 50% complete) or completed within the last ten (10) years of the issuance date of this solicitation.

If adverse past performance is obtained from the offeror’s client/customer point of contact (POC), the respective POC may be contacted for further information on the circumstances surrounding the situation or issues. The offeror will be provided a reasonable opportunity to address any adverse information obtained.

In the case of offerors for which there is no information on past contract performance or where past contract performance is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance, per FAR 15.305(a)(2)(iv). Therefore, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.”

C. PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT

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

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

b) Required Submittals for Factor 1 – Specialized Experience

c) Required Submittals for Factor 2 – Construction Management Capability

d) Required Submittals for Factor 3 – Past Performance

e) Completed Representations and Certifications, including the Corporate Certificate/Authority to Bind Partnership (if applicable to the offeror**) and the completed ‘Questionnaire for Phase 1 Offerors Attachment (this Questionnaire asks for the offeror’s JCCS ID number, Cage Code, etc.)

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 Solicitation CLIN Schedule of the SF 1442 (Total Proposed Price of CLIN 0001)

c) Completed Price Schedule Attachment (which lists each individual base & option CLINs)

d) Cost/Price Breakdown to support base & option CLIN prices

e) Completed ‘Questionnaire for Phase 2 Offerors Attachment (this Questionnaire asks for information on

Mobilization, Demobilization, DBA Insurance for Cost Engineer Evaluation and Company History and Profile for Responsibility Determination)

f) Required Submittals for Factor 4 – Design Capability

g) Required Submittals for Factor 5 – Project Management Capability

h) Required Submittals for Factor 6 – Scheduling Capability

i) Required Submittals for Factor 7 – Key Personnel

j) 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 ten (10) years from the issuance date of this solicitation, or that are currently ongoing and substantially complete (at least 50% construction complete). 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 $5,000,000 (FIVE 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 a favorable rating for this submittal requirement.

6. If available, provide pictures, drawings, renderings and/or website links showing finished deliverables of the construction projects submitted for evaluation.

FACTOR 2 – CONSTRUCTION MANAGEMENT CAPABILITY

1. The offeror shall explain the USACE three-phase inspection process for construction projects, and provide a narrative describing the offeror’s experience using this process on current or previous projects. This process is also known as the USACE Three Phase Control System. If this process was used on NAVFAC, US Air Force or other Government agency construction contracts, state this in the narrative.

2. The offeror shall provide a narrative description of the offeror’s experience with the USACE design/construction submittal process. Give examples of submittals provided to the Government for review during the design phase and during construction;

3. The offeror shall provide a narrative description of the offeror’s experience with a commercial or government project scheduling software program or application as a tool to successfully manage design-build construction projects. Provide the name of scheduling software program(s) used, and state the offeror’s opinion on which scheduling software is most suitable for USACE or US Government design-build construction projects, and why.

FACTOR 3 – PAST PERFORMANCE

1. The offeror shall provide a list of three (3) customer or project owner Points of Contact (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. 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 POC(s)

(d) Telephone number(s) of POC(s)

(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 shall provide completed past performance questionnaires, CPARS reports, COR reports or any other performance evaluation report on the offeror for three (3) construction projects, valued at $3 million or more, completed in the last ten (10) years from the issuance date of this solicitation or are currently ongoing or substantially complete (construction at least 50% complete).

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. The Phase 1 proposal of offerors who are being vetted by JCCS at the time of Phase 1 proposal deadline, will be evaluated; however, if the offeror is still not base access eligible at the conclusion of the Phase 1 evaluation, then that offeror will not be considered for advancement to Phase 2.

(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/.

https://www.jccs.gov/ http://photos.state.gov/libraries/adana/5/BSA/Visa_amp_AISA_CL-May.pdf 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-0016 – Phase 1 Solicitation for Design-Build Expansion of Headquarters at Camp Commando, Kabul Province, Project Number: ANA-18-090 and ANA-19-006

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 11 April 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

TABLE OF CONTENT

SECTION NUMBER DESCRIPTION

00 10 00 Solicitations mailto:mary.j.harding@usace.army.mil mailto:nikisha.w.cook@usace.army.mil

00 20 00 Instructions for Procurement 00 21 16 Instructions to Proposers 00 45 00 Representations and Certifications 00 70 00 Conditions of the Contract 00 73 00 Supplementary Conditions

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price Design-Build Construction contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

USACE TAA-HQ

BAF

APO AE 09354

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

The following have been deleted:

52.204-22 52.211-14 252.215-7009

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

QUESTIONNAIRE FOR ALL PHASE 1 OFFERORS

(THIS MUST BE INCLUDED IN THE PHASE 1 PROPOSAL.

WRITE N/A IF IT IS NOT APPLICABLE TO YOUR FIRM.)

NAME OF OFFEROR___________________________________________________________

NAME OF JOINT VENTURE_____________________________________________________

NAME AND JOB TITLE OF PRIMARY COMPANY NEGOTIATOR OR

REPRESENTATIVE____________________________________________________________

BUSINESS ADDRESS__________________________________________________________

CITY/STATE/ZIP CODE_________________________________________________________

PHONE NUMBERs_____________________________________________________________

EMAIL ADDRESSES___________________________________________________________

JCCS I.D. NUMBER____________________________________________________________

AISA CERTIFICATE OR MoCI License #___________________________________________

CAGE OR NCAGE CODE_______________________________________________________

DUNS NUMBER_______________________________________________________________

TAX I.D. NUMBER_____________________________________________________________

PRIMARY NAICS CODES_______________________________________________________

IS YOUR PROFILE IN SAM.GOV UPDATED & CURRENT? ________YES _________NO

NUMBER OF YEARS YOUR COMPANY HAS BEEN IN BUSINESS DOING DESIGN-

BUILD CONSTRUCTION ___________________

NUMBER OF DESIGN-BUILD CONSTRUCTION PROJECTS YOUR COMPANY HAS

COMPLETED AS A PRIME CONTRACTOR ___________ SUBCONTRACTOR__________

DATE THIS QUESTIONNAIRE WAS COMPLETED_________________________________

*THE GOVERNMENT WILL USE YOUR ANSWER TO THIS QUESTION IN

DETERMING WHETHER YOUR FIRM ADVANCES TO PHASE 2, IN ADDITION TO

THE OTHER REQUIREMENTS AND CRITERIA SPECIFIED HEREIN.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $36,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii)…