B.08.02 W5J9JE19R0002.pdf

Sustainment, Restoration, and Modernization (SRM) Indefinite Delivery Indefinite Quantity (IDIQ) SIngle Aw ard Task Order Contract (SATOC) for Design-Build and Design-Bid-Build construction services on US and coalition installations w ithin Afghanistan.

Disclosure of the magnitude of each construction project w ill be determined per task order. Offerors must be registered and be acceptable in JCCS (https://w w w .jccs.gov); SAM (https://w w w .sam.gov) and AISA /MOC-I http://w w w .aisa.org.af. or http://moci.gov.af/.

In accordance w ith CENTCOM Clause 5152.225-5916 Mandatory Eligibility for Installation Access, all offerors and their subcontractors are required to be eligible at the time of Phase I submission, and remain eligible, if aw arded a contract, during the entire contract period of performance to include any w arranty period, for installation access to a U.S. and/or coalition installatiion regardless of w hether the performance w ill take place on or off a U.S. or coalition installation.

Capacity: $98,000,000.00

The minimum guarantee for this contract is $10,000.00, w hich also supports each option period.

Period of Performance: Base Period of tw o (2) years and three (3) one (1) year option periods for a total potential period of performance of f ive (5) years

NIKISHA W COOK

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

23-Jan-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________task orders

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________22 Feb 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

W5J9JE

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:30 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W5J9JE19R0002 265

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W5J9JE19R0002

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 24,500,000 Job

SRM SATOC

FFP

Sustainment, Restoration, and Modernization (SRM) Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). This CLIN covers a base period of 2 years. All contract requirements will be completed in accordance with the contract documents. Binding rates and pricing provided in Phase II of the solicitation will apply here.

FOB: Destination

NET AMT

1001 24,500,000 Job OPTION Option Year 1

FFP

Sustainment, Restoration, and Modernization (SRM) Indefinite Delivery Indefinite Quantity (IDIQ) SIngle Award Task Order Contract (SATOC). All contract requirements will be completed in accordance with the contract documents.

Binding rates and pricing provided in Phase II of the solicitation will apply here.

2001 24,500,000 Job OPTION Option Year 2

FFP

Sustainment, Restoration, and Modernization (SRM) Indefinite Delivery Indefinite Quantity (IDIQ) SIngle Award Task Order Contract (SATOC). All contract requirements will be completed in accordance with the contract documents.

3001 24,500,000 Job OPTION Option Year 3

FFP

Sustainment, Restoration, and Modernization (SRM) Indefinite Delivery Indefinite Quantity (IDIQ) SIngle Award Task Order Contract (SATOC). All contract requirements will be completed in accordance with the contract documents.

3002 Job OPTION Option to Extend Services

FFP

Option to Extend Services for 6 Months in accordance with FAR Clause 52.217-8.

Section 00 21 00 - Instructions

ACQUISITION BACKGROUND

A. BACKGROUND AND OBJECTIVES

The U.S. Army Corps of Engineers, Afghanistan District has a requirement from the United States Forces – Afghanistan (USFOR-A) to provide construction services and sustainment, restoration, and modernization (SRM) services for operations located on Department of Defense (DoD) and/or coalition installations within the Combined Joint Operations Area – Afghanistan

(CJOA-A).

B. ACQUISITION STRATEGY

This is a competitive acquisition for the award of an Indefinite Delivery, Indefinite Quantity (IDIQ) type Single Award Task Order Contract (SATOC) with a total, not to exceed, capacity of $98.0 million. The Government will award a contract to the responsible offeror whose proposal is fair and reasonable and has been determined to be the most advantageous to the Government, technical/quality, price and other factors considered. The basis of award is best value trade-off;

therefore, the Government has the right to accept other than the lowest offer. The right is also reserved to reject any and all offers. The awarded contract will be for a base period of two (2) years with three (3) one year option periods. Task orders issued under the SATOC will be firm fixed price.

C. ACQUISITION OVERVIEW

The requirements for the preparation and submission of proposals and the requirements for the evaluation of proposals in response to this solicitation are contained in the solicitation. Subject to the provisions contained herein, the award will be made to one Offeror. Not more than five offerors are allowed to compete in Phase II.

The Contracting Officer will award a firm fixed price indefinite delivery indefinite quantity contract to the responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. This source selection approach, i.e. Best-Value Tradeoff, includes an evaluation of (3) non-price evaluation factors: Past Performance, Management Plan, Construction and Design Approach, and Price. NOTE: FACTOR 1 PAST PERFORMANCE

IS MORE IMPORTANT THAN FACTOR 2 MANAGEMENT APPROACH. FACTOR 2

MANAGEMENT APPROACH IS EQUAL IN IMPORTANCE TO FACTOR 3 SEED

PROJECT: DESIGN AND CONSTRUCTION APPROACH. ALL NON-PRICED

FACTORS WHEN COMBINED ARE SIGNIFICANTLY MORE IMPORTANT THAN

PRICE. ALL THREE NON-PRICED FACTORS ALONG WITH PRICE WILL BE USED

TO MAKE THE FINAL SELECTION FOR THE SATOC AWARD.

***********REQUIRED REGISTRATIONS*****************

Failure to have an active and completed registration in any one of the following databases may result in a determination that an offeror is ineligible for award and the offeror will be removed from competition. A successful offeror with incomplete or expired registrations at the time of award may not be eligible for a contract. In such instances, the Government will award to the next successful offeror who is eligible for award. The Government reserves the right to determine an offeror non‐responsible at any time after receipt of proposal if the offeror is found to be ineligible for installation access in accordance with CENTCOM Clause 5152.225‐ 5916, Mandatory Eligibility for Installation Access.

Information contained within an offeror’s registration must be current, valid, and acceptable. The responsibility of maintaining current information contained in an offeror’s registration rests solely on the offeror and the eventual awardee.

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

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

c. Still valid Afghan Investment Support Agency (AISA) License will be accepted:

http://www.aisa.org.af/ or newly acquired 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 business/firm/entity. This is applicable to SAM, JCCS, and AISA and MOCI. The Government will not accept separate registrations and licenses for each separate entity representing the JV.

An offeror’s subcontractors are required to be registered and active in JCCS. In accordance with CENTCOM Clause 5152.225‐5916, Mandatory Eligibility for Installation Access, offerors are required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer with the submission of their proposal, and provide updates during the life of the contract when subcontractors are added or removed. If no subcontractors are expected to perform during the life of the contract, a bidder must submit a negative response to the contracting officer within its proposal. Subcontractors at every tier are held to the same installation access requirements, as noted above, as prime contractors.

DISCUSSIONS

Offerors are reminded to include their best terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interest of the Government.

1. GENERAL INFORMATION: The Government does not intend to hold discussions.

However, in accordance with FAR 15.306(d), discussion sessions with each Offeror may be held. Should discussions take place, all Offerors in the competitive range will be allowed to submit Final Proposal Revisions.

http://moci.gov.af/

2. DISCUSSION SCHEDULING: If discussions are conducted, the Contracting Officer may conduct discussions orally, in writing, etc. The method for discussions will be at the discretion of the Contracting Officer. The Contracting Officer will provide additional instructions with the notification.

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

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

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

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

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

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

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

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

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

52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT

EFFORT (OCT 2009)

(a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Limitations on Pass-Through Charges'' (FAR 52.215-23).

(b) General. The offeror's proposal shall exclude excessive pass-through charges.

(c) Performance of work by the Contractor or a subcontractor. (1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.

(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal--

(i) The amount of the offeror's indirect costs and profit/fee applicable to the work to be performed by the subcontractor(s); and

(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).

(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal--

(i) The amount of the subcontractor's indirect costs and profit/fee applicable to the work to be performed by the lower-tier subcontractor(s); and

(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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 AFGHANISTAN DISTRICT

USACE TAA HQ BAF

APO, AE 09354

OR

TAA.CONTRACTING@USACE.ARMY.MIL

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (applies to all task orders unless 52.236-27 Alternate I is inserted at the task order level.)

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

mailto:TAA.CONTRACTING@USACE.ARMY.MIL

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

To be determined at the task order level

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995) (Clause will apply only if inserted at the task order level)

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

(b) An organized site visit has been scheduled for-- To be determined at the task order level.

(c) Participants will meet at –

To be determined at the task order level.

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

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

FAR

https://www.acquisition.gov/?q=browsefar

DFAR

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

AFAR

https://spcs3.kc.army.mil/asaalt/zp/wiki/AFARS/Home.aspx

UAI

http://www.usace.army.mil/Business-With-Us/Contracting/Resources/

FARSITE:

http://farsite.hill.af.mil/ https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://spcs3.kc.army.mil/asaalt/zp/wiki/AFARS/Home.aspx http://www.usace.army.mil/Business-With-Us/Contracting/Resources/ http://farsite.hill.af.mil/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

INTRODUCTION: The Offeror’s proposal shall be submitted via email or the DoD Secure Access File Exchange (SAFE) website. The solicitation shall provide SAFE instructions and receipt date for proposal submittal. Offerors are cautioned that “parroting” of the Technical requirements or the SOW with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

1. PROPOSAL SUBMISSION REQUIREMENTS

The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements:

a. The proposal shall be typed and submitted in English and easy to read.

b. The proposal shall be organized, concise, and shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. The proposal shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

d. The proposal shall be valid at least for 180 days.

e. The proposal shall contain a table of contents and include at the bottom left side of each page the volume and page number.

f. The proposal shall contain a completed Corporate Certificate/Authority to Bind Partnership (attached).

__If the offeror is a corporation, completed Corporate Certificate; OR __If the offeror is a partnership, completed Authority to Bind Partnership and a copy of the Partnership Agreement; OR __If the offeror is a joint venture, completed Corporate Certificate for each member of the joint venture and a copy of the Joint Venture Agreement.

g. Each page of the proposal shall be marked “Source Selection Information-See FAR

2.101 and 3.104” per FAR 3.104-4(c).

h. Offerors shall verify that the information for all forms submitted is current, correct, and complete including name(s) of the point(s) of contact (POCs), email address(es), and telephone number(s), for the non-price factors.

i. Offerors shall submit a signed Offer, Standard Form (SF) 1442 for this solicitation, including verification of all amendments received by completing boxes 19 through 20C on the SF1442 and providing signed copies of the amendments.

j. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

k. Contractors are cautioned against submitting conditional proposals that change or modify the terms and conditions of the contract. Conditional proposals will be determined unacceptable.

l. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if instructions are not understood.

SENDING IN THE PROPOSAL

Proposals shall be submitted electronically to ryan.k.gregory@usace.army.mil, thomas.g.mcfall@usace.army.mil, and michael.w.hughes@usace.army.mil.

If proposals exceed 40MB in size, offerors shall utilize the DoD SAFE application, https://safe.apps.mil/ to submit their proposals.

The DoD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to SAFE, and the application is available for use by anyone. The DoD SAFE application can be accessed via https://safe.apps.mil/.

a. Creating a Drop-off: In order for offerors to submit their proposal, they must first notify ryan.k.gregory@usace.army.mil and thomas.g.mcfall@usace.army.mil and michael.w.hughes@usace.army.mil. A Request Drop-off will be created. As a result, offerors will receive an email with a link to submit their proposals. Offerors shall notify the individuals identified above if they did not receive the link. Please note a drop-off request is valid only for 14 days. It is the offeror’s responsibility to ensure their proposal is submitted timely.

b.Size Limitations on Uploads: Being able to upload files larger than 2 GB depends on the browser being used. If at all possible, use a modern 64-bit browser on a 64-bit operating system.

If you only have a 32-bit system (the most common cause is Windows 7), then use a modern version of Google Chrome or Firefox. Older versions of Microsoft Internet Explorer are particularly bad at this. If updating your browser is not an option and the combined size of all files being uploaded exceeds 2 GB, split the files into multiple drop-offs. If a single file exceeds 2 GB, split the file into smaller pieces (e.g. using the Split option in WinZip or "Split to volumes" option in 7-Zip) and upload them in separate drop-offs. The DoD SAFE software itself mailto:ryan.k.gregory@usace.army.mil mailto:thomas.g.mcfall@usace.army.mil mailto:michael.w.hughes@usace.army.mil https://safe.apps.mil/ https://safe.apps.mil/ mailto:ryan.k.gregory@usace.army.mil mailto:thomas.g.mcfall@usace.army.mil mailto:michael.w.hughes@usace.army.mil has configurable limits on the amount of data that can be uploaded in a single drop-off. Even for browsers that support uploads larger than 2 GB, drop-off may not exceed 8.0 GB per file, or 8.0 GB total for the entire drop-off.

If you are having the following issues when dropping off or picking up a large file:

Your browser reports a bad or broken connection after downloading a significant portion of the file •An error page is displayed that indicates you dropped off no files then you are most likely connected to the Internet via a connection too slow to move the amount of data in a timely fashion. Your computer normally has at most 2 hours to fully send or receive a drop-off.

c. Problems accessing the site: Problems accessing the DoD SAFE site by external (non-CAC) users are typically due to SSL and/or client certificate issues. If the user receives a warning about a problem with the website's security certificate, this is because their browser is not configured to trust the DoD certificate authorities. The user can either import the DoD certificate authorities by following the instructions found here or they can accept the risk and click on the option to continue to the website. Also on non-CAC system - if the browser pops up a window prompting for a certificate to use for authentication, clicking on Cancel should allow unauthenticated access to the site.

d. File names shall be titled:

a. Phase I, Volume 1: W5J9JE19R0002.Vol1 Past Performance-Company Name

b. Phase I, Volume 2: W5J9JE19R0002.Vol2 Management Approach-Company Name

Proposal submission shall be submitted via DoD SAFE by the date and time indicated on the SF 1442, or as amended. No facsimiles or regular e-mail submissions of proposals, are permitted:

Proposal Receipt Confirmation Points of Contact:

E-mail: ryan.k.gregory@usace.army.mil

E-mail: thomas.g.mcfall@usace.army.mil

When the word ‘Offeror’ is encountered throughout this Section, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this solicitation. When the word “Government” is encountered throughout this Section, it is intended to mean U.S. Army Corps of Engineers.

Late Proposals: Any proposal, modification, or revision received by the Government after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late offer would not unduly delay the acquisition, and (1) if it was transmitted through an electronic commerce method authorized by the solicitation, and it was received at the initial point of entry to the mailto:ryan.k.gregory@usace.army.mil mailto:thomas.g.mcfall@usace.army.mil

Government infrastructure not later than 4:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) there is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) it is the only proposal received. However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

ADDITIONAL INFORMATION

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.

References in the Offeror’s proposal to, and examples of “classified” projects or contracts, should not be included in the Offeror’s proposal unless the information is authorized to be viewed or utilized by 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.

An Offeror’s initial proposal should contain the Offeror’s best terms, as discussions may not be conducted with the Offeror.

Electronic proposals submitted via email and AMRDEC are the required methods of proposal transmission and will be the only forms of submission accepted. It is the Offeror’s responsibility to ensure its proposal is received by the Government 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.

Proposal Expenses and Pre-Contract Costs: The request for proposal (RFP) solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

JOINT VENTURE PROPOSAL

If submitting a proposal as a Joint Venture, the experience and past performance of each of the Joint Venture Partners can be submitted for the Joint Venture Entity. The experience for each Joint Venture Partner should be clearly described.

The proposal may receive a higher rating if the proposal contains evidence of the Joint Venture Entity working successfully together previously on relevant projects.

An Offeror that is part of a Joint Venture must submit a legally binding Joint Venture Agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English.

If submitting a proposal as a joint venture, the experience and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Joint ventures shall submit the following additional documentation regarding their business entities:

a. A copy of their joint venture agreement in English.

b. A detailed statement outlining the following in terms of percentages, where appropriate.

c. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing. The joint venture agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.

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

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

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

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

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

i. Identification of party having overall control of the joint venture. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture. Include this information as a part of Phase I.

j. A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included. The JV agreement submitted to the Government shall be the only valid JV agreement for purposes of performance under this contract or any responsibilities of the JV under the contract. Any changes to the JV agreement must be submitted to the Contracting Officer and is subject to approval by the Government prior to execution of the change.

KEY SUBCONTRACTORS

If an Offeror wishes to be credited with the experience or past performance of a Key Subcontractor, a letter of commitment signed by the Key Subcontractor AND the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to the prime contractor (for example, the Key Subcontractor is a subsidiary of the prime contractor, or a subsidiary of a firm to which the prime contractor is also a subsidiary).

If a letter of commitment is not submitted, the experience will not be considered. Include this information as part of Volume I.

PHASE I SOLICITATION

A. BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three non-price (3) evaluation factors: Past Performance, Management Approach, Design and Construction Approach, and Price. Past Performance will be separated into two subfactors, Subfactor A Past Performance – Prime and Subfactor B Past Performance – Designer of Record (DOR). Past Performance will receive an overall rating based on equal consideration of both subfactors.

Offerors will be cautioned that the award may not be made to the lowest price offered. NOTE:

FACTOR 1 PAST PERFORMANCE IS MORE IMPORTANT THAN FACTOR 2

MANAGEMENT APPROACH. FACTOR 2 MANAGEMENT APPROACH IS EQUAL

IN IMPORTANCE TO FACTOR 3 SEED PROJECT: DESIGN AND CONSTRUCTION

APPROACH.