W5J9JE23R0004_Amendment 0001 (2 Apr 2023).pdf

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

The purpose for amendment 0001 follow s:

1. Provide responses to inquiries submited through ProjNet.

2. Replace Sections 00 21 00 and 00 22 00 w ith 00 21 16 and 00 22 16 in their entirety. Material changes are highlighted in yellow .

3. Incorporate appropriate attachments to sections 00 21 16 and 00 22 16 accordingly.

4. Extend the proposal due date. Proposals are due not later than 27 April 2023 by 12:01 PM Arabian Standard Time.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 44

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

16C. DATE SIGNED

BY 02-Apr-2023

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 W5J9JE23R0004

X 9B. DATED (SEE ITEM 11)

22-Mar-2023

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 X is extended, 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

02-Apr-2023

CODE

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W5J9JE23R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMEND 0001_BIDDER INQUIRY RESP

Amendment 0001 – Bidder Inquiry Responses

Inquiry ID: 10180793 Inquiry: Please confirm the location where the phase 1 bid bond should be delivered.

Response: Bonds should be delivered to the following address U.S. Army Corps of Engineers, Transatlantic Expeditionary District Attn: Yvette Walker, Contracting Officer Building T-340

APO, AE 09366

Inquiry ID: 10181799 Inquiry: Is it acceptable to purchase a bid bond from any American bank, or is there a preferred bank?

Response: Please refer to FAR Clause 52.228-1 paragraph (b), page 41 of 91, of the initial solicitation. It is acceptable to purchase a bid bond from a U.S. bank. The Government does not offer nor recommends a preferred bank.

Inquiry ID: 10181813 Inquiry: Please clarify what the three Evaluation Factors are. On Solicitation pages 16 & 17 of 91, reference is made to the three non-price evaluation factors being: 1) Specialized Experience, 2) Management and Execution Plan and 3) Past Performance. However, on Page 20 under Section V. Factor 2 - Management & Execution Plan, the Submission requirements are for Past Performance. On Page 22, Factor 3 is identified as: "Section VI. Factor 3 – Key Personnel" rather than Past performance, and instructions are given for resumes. There are no detailed instruct ion for Management or Execution Plan beyond resumes.

Response: The Phase I evaluation factors are Factor 1 – Specialized Experience, Factor 2 – Past Performance, and Factor 3 – Key Personnel. Discrepancies corrected in solicitation W5J9JE-23-R-0004 amendment 0001.

Inquiry ID: 10181817 Inquiry: On RFP Page 17/91: For Factor 1, the solicitation states, "There are no page limitations for Factor 1, Specialized Experience." Are Attachments C and D counted against the 50 page limit for Volume I and is there a page limit for Attachment D?

Response: Refer to the initial solicitation, page 9 of 91, section VIII - Proposal Format. The second paragraph states, an offeror’s proposal must be submitted as separate PDF file formats (or Excel as applicable):

- Volume I – Non-Price (Technical) proposal during Phase I.

- Volume II – Price during Phase II.

- Volume III – Seed Project during Phase II.

The third paragraph which states:

- A 50-page limit applies to Volume I.

- There is no page limit for Volume II.

- A 50-page limit applies to Volume III.

- Pages furnished for organizational purposes only such as a cover page, tabs, separator pages, or a table of contents are not included in the page limitation. Corporate certificates, joint venture agreements, and Letters of Commitment are also not included in page limitations.

While Factors 1 through 3 do not each have independent page limitations, the overall Volume I – Non Price (Technical) proposal which includes the applicable attachments for Phase I, is limited to 50 pages. To clarify the response to your inquiry, the Phase I attachments count towards the page limitation identified in Volume I.

Inquiry ID: 10181819 Inquiry: RFP Page 18 of 91, Under "Factor 1 Strengths, Weaknesses and Deficiencies", please confirm the first sentence is meant to say "The proposal may be rated HIGHER" (instead of lower).

Response: Correct, the latter part of the sentence identified above in this inquiry should read, “the proposal may be rated higher”. Discrepancy is corrected in solicitation W5J9JE-23-R-0004 amendment 0001.

Inquiry ID: 10182122 Inquiry: The SF1442 states the proposal submission date as April 21, 2023. However, a different date for Phase 1 proposal submission is given on page 29 of the solicitation i.e. June 10, 2023. Please clarify.

Response: This is a Two-Phase solicitation. Refer to the initial solicitation, page 6 of 91, General Information for Phase 1, which informs all offerors that this is a two-phase design-build procurement process. Qualification proposals are requested under Phase I. Following the evaluation of Phase I proposals, the most highly qualified offerors will be selected and requested to submit Phase II proposals. Per page 11 of 91, “Phase I proposals are due no later than 21 April 2023 by 12:01 PM Arabian Standard Time.” However, due to solicitation W5J9JE-23-R- 0004 amendment 0001, the proposal due date has been extended. Per amendment 0001, Phase I proposals are due no later than 27 April 2023 by 12:01 PM Arabian Standard Time. The information referred to on page 29 of the initial solicitation is only applicable to Phase II.

Inquiry ID: 10182187 Inquiry: RFP Page 22 lists the requirements for Electrical, Mechanical, Civil and Structural Engineers. Please confirm that for the Electrical, Mechanical and Structural Engineers, they are meant to have 5 and 3 years of experience in their respective disciplines rather than civil.

Response: Discrepancy is corrected in solicitation W5J9JE-23-R-0004 amendment 0001. Each discipline noted in this inquiry shall have a Bachelor’s Degree in their respective field with five (5) years of experience in their respective discipline.

Inquiry ID: 10182666 Inquiry: Reference to the Solicitation documents, page 10, please note that the table under Volume I Qualification proposal highlights that the Phase I factors are as follows: Factor 1 – Specialized Experience, Factor 2- Management and Execution Plan, and Factor 3- Past Performance. However, on page 15 under "Phase I - Section 00 22 00 - Basis for Award," the Factor 2 is identified as Past Performance and Factor 3 as Key Personnel.

Response: Refer to response on inquiry 10181813.

Inquiry ID: 10182667 Inquiry: Reference to the Solicitation documents, page #17, please note that the Phase I factors highlighted in table are Factor 1 – Specialized Experience, Factor 2- Management and Execution Plan, Factor 3- Past Performance However, the submission requirements on page #20 are for Past Performance and not Management and Execution Plan.

Response: Refer to response in inquiry 10181813.

Inquiry ID: 10186110 Inquiry: Is there a site visit?

Response: Per page 9 of 91 of the initial solicitation, Section VII, a pre-proposal conference / site visit is not anticipated for Phase I. If a pre-proposal conference / site visit is scheduled for Phase II, the information will be provided in the Phase II solicitation amendment.

Inquiry ID: 10186170 Inquiries:

(a) What is the percentage of the bid guarantee, Payment bond, and performance bond that the solicitation has included?

Response: Per pages 40 – 41 of 91 of the initial solicitation, FAR clause 52.228-1 states the bid guarantee shall be 15 percent (15%) of the bid price or $150,000 whichever is less.

(b) Is there any as-built site plan available?

Response: Refer to response on inquiry 10182122. This is a Two-Phase solicitation. Refer to the initial solicitation, page 6 of 91, General Information for Phase 1, which informs all offerors that this is a two-phase design-build procurement process. Qualification proposals are requested under Phase I. Following the evaluation of Phase I proposals, the most highly qualified offerors will be selected and requested to submit Phase II proposals.

To clarify, there are no as-built site plans provided during Phase I of the solicitation.

(c) Where can we find the SOW and SPECS, which were not included in the solicitation?

Response: Refer to response on inquiry 10182122 and the response directly above in paragraph (b) of this inquiry.

Offerors are notified that the Phase II information in this solicitation is currently provided for information only of the proposed Phase II process. It will only be applicable to those offerors who will be selected to submit proposals in Phase II. The solicitation is currently for Phase I proposals, not Phase II proposals. The seed project and its applicable technical specifications and drawings will be provided during Phase II to the offerors selected to propose for Phase II.

Inquiry ID: 10182668 Inquiry: Could you elaborate what documents are we supposed to provide for the phase one financial review with reference to performance surety form?

Response: Refer to page 41 of 91 of the initial solicitation, FAR clause 52.228-1 paragraph b, which provides various forms of acceptable bid guarantee/bid bonds. Solicitation W5J9JE-23-R-0004 amendment 0001, provides an update to this section. Refer to solicitation W5J9JE-23-R-0004 amendment 0001, Phase II – Section 00 22 16 – Evaluation Factors for Award, paragraph E entitled “BID GUARANTEE, BANK LETTER OF ASSURANCE (BLA), BANK LETTER OF GUARANTY (BLG), OTHER SURETIES”. This section provides information on bid guarantee and other forms of acceptable bonds. If an offeror decides to submit a BLA in lieu of a bid guarantee, a sample of a BLA is provided. Offerors are required to submit a bid guarantee or other acceptable form of a performance surety with their Phase II proposal.

Inquiry ID: 10184493 Inquiry: Is registration required in Kuwait during the bidding process? Can we register after bidding?

Response: The Government is unclear about the registration in question for this inquiry. If the question is regarding the SAM.gov and/or the JCCS registration as noted on page 6 of 91 of the initial solicitation, offerors are notified that, “Failure to have an active and completed registration in any one of the following databases at the time of award may deem the offeror “nonresponsible” in accordance with FAR Part 9 and ineligible for award. Information contained within an offeror’s registration must be current and valid. The responsibility of maintaining current information contained in an offeror’s registration rests solely on the offeror.”

Inquiry ID: 10184585 Inquiry: Reference to the Solicitation Document, please note that page #15 includes the start of Phase 1 (Section 00 22 00). Moreover, Phase 1 (Section 00 22 00) is also repeated on page #43. Accordingly, you are kindly requested to delete the duplicated section to avoid any confusion.

Response: Concur. This information is duplicative. Pages 43 – 53 of the initial solicitation are hereby removed with solicitation W5J9JE-23-R-0004 amendment 0001.

Inquiry ID: 10184588 Inquiry: Reference to Factor 3: Key Personnel, please note that the submission requirements mention the following:

• Electrical Engineer: At a minimum, the engineer shall have a Bachelor's Degree in Electrical Engineering with five

(5) years of experience as a civil engineer.

• Mechanical Engineer: At a minimum, the engineer shall have a Bachelor's Degree in Mechanical Engineering with five (5) years of experience as a civil engineer.

• Structural Engineer: At a minimum, the engineer shall have a Bachelor's Degree in Structural Engineering with five (5) years of experience as a civil engineer Accordingly, please confirm that the 5 years of experience do not correspond to experience as a civil engineer but as a Electrical, Mechanical Engineer, or Structural Engineer.

Response: Please refer to the response in inquiry10182187.

Inquiry ID: 10184596 Inquiry: Reference to Factor 3: Key Personnel, please note that the experience requirements for the Civil, Electrical, Mechanical, and Structural are stated to be "a minimum of five (5) years of experience." Moreover, it is also stated that the "engineer shall have three years of experience". Accordingly, please clarify this discrepancy by confirming that a minimum of five (5) years of experience only is required for the referenced key personnel.

Response: Please refer to the response in inquiry 10182187.

Inquiry ID: 10184611 Inquiry: Reference to Factor 1: Specialized Experience, please note that the submission requirements state that "there are no page limitations for Factor 1." Moreover, page #9, proposal format states that "a 50-page limit applies to Volume I." Accordingly, please clarify this discrepancy and confirm that no page limitation is also applied to Volume I.

Response: Refer to response provided in inquiry 10181817.

Inquiry ID: 10184622

Inquiry: Reference to Volume 1: Qualification proposal, it is stated that Completed Performance Surety Form (Attachment B) is required. Please confirm that a Bid Guarantee (15 percent of the bid price or $150,000 whichever is less) is the correct requirement and not the Performance Surety Form (Attachment B).

Response: Refer to response provided in Inquiry ID 10186170.

Inquiry ID: 10184639 Inquiry: Reference to Solicitation document, page #16 states that the "with the submission of Attachment B – Performance Surety Form there will be an evaluation of the offeror's financial responsibility." You are kindly requested to clarify how a performance surety form is required for the Phase I-Qualification proposal, as well as providing details on how the offeror's financial responsibility will be evaluated at this stage.

Response: Refer to response provided in Inquiry ID 10182668.

Inquiry ID: 10184519, 101844520, 10184521 and 10184582 are not applicable to solicitation W5J9JE-23-R-0004.

Response: A response will not be provided on inquiries not applicable to solicitation W5J9JE-23-R-0004.

Inquiry ID: 10187838 Inquiry: Due to Ramadhan Eid will fall around 21 April & holidays will last for four days. Kind request to extend due date of Phase I proposals.

Response: Consideration has been granted. Per solicitation W5J9JE-23-R-0004 amendment 0001, Phase I proposals are due no later than 27 April 2023 by 12:01 PM Arabian Standard Time.

Inquiry ID: 10191209 Inquiry: Please confirm the Percentage (%) of Performance and Payment Bonds requirement for this Contract?

Response: Refer to response provided in Inquiry ID 10186170. Performance and payment bonds will be applicable at the task order level.

Inquiry ID: 10191210 Inquiry: We understand that the Bid Guarantee (15 percent of the bid price or $150,000 whichever is less) mentioned here is for Phase-II Solicitation requirement only. Please clarify.

Response: Refer to response provided in Inquiry ID 10186170 and 10182668. To clarify, the bid guarantee is required during Phase II of the solicitation.

Inquiry ID: 10191211 Inquiry: Since we are a Kuwait Based Company, we can get Financial Surety only in the form of ILC from a US federally insured Banks though our Local Bank in Kuwait. Hence we require Financial surety validity days to issue ILC. Request you confirm the date (i.e starting from -------- and ending date -------?)

Response: Refer to FAR clause 52.228-14 -Irrevocable Letter of Credit, paragraph (c) (1) and (2).

Inquiries not addressed in this amendment (amendment 0001) will be addressed in amendment 0002.

Attachments A through E have been added to this amendment:

Attachment A – Past Performance Questionnaire (PPQ) Attachment B – Experience Overview Sheet Attachment C – Experience Information Sheet Attachment D – Bank Letter of Assurance Sample Attachment E – Bank Letter of Guarantee Sample

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 21-Apr-2023 12:00 AM to 27-Apr-2023 12:01 AM.

The organization for offers to be sent to has changed from

USACE TAE

ERBIL AIR BASE

APO

to

USACE TRANSATLANTIC AFGHANISTAN DISTRICT

CETAA-CT, USACE TAA HQ BAF, BAGRAM

APO AE 09354

The performance payment bonds calendar days has decreased by 11 from 21 to 10.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

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 , US Army Corps of Engineers Expeditionary District, Attn: Contracting Officer, Building T340, APO, AE 09366.

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

(End of provision)

The following have been deleted:

INSTRUCTIONS TO OFFERORS

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

INSTRUCTIONS TO OFFERORS

PHASE I - Section 00 21 16 - Instructions, Conditions and Notices to Offerors

A. GENERAL INFORMATION

This solicitation pertains to a firm-fixed-price (FFP), contract for construction services in Kuwait using a two-phase design-build procurement process. USACE, Transatlantic Expeditionary District (TAE), has a requirement to support the US Army Central Command (ARCENT) Area Support Group – Kuwait (ASG-KU) mission to provide infrastructure support for military installations in Kuwait. Projects range from $250,000 to $10 Million, on US and Kuwaiti installations, and of differing complexity and funding sources. The contractor may be required to respond to multiple requests for work for concurrent efforts within Kuwait, primarily Camp Arifjan, Camp Buehring, and Ali Al Saleem. The frequency, volume, and visibility of these projects will vary with changes to the political situation domestically and in-theatre, funding requirements and statutes, or changes to the strategic mission requiring different kinds of structures. ARCENT projects range from Government provided Design-Bid-Build (DBB) to those Design-Build (DB) requiring the contractor to fill in the gaps.

Qualification proposals are requested under Phase I. Following the evaluation of Phase I proposals, the most highly qualified offerors will be selected and requested to submit Phase II proposals. The Government intends to advance up to five (5) of the most highly qualified offerors to Phase II, from which it anticipates awarding a target of three

(3) firm-fixed-price Indefinite Delivery Indefinite Quantity (IDIQ) Mutlitple Award Task Order Contracts (MATOCs). Offerors are notified that the Phase II information in this solicitation is currently provided for information only of the proposed Phase II process. It will only be applicable to those offerors who will be selected to submit proposals in Phase II. Do not submit Phase II documentation during Phase I. Offerors selected to propose for Phase II will be evaluated on the evaluation factors outlined in the Phase II solicitation (to be issued by an amendment). The Phase II overview is for informational purposes and is subject to change. The seed project its applicable technical specifications and drawings will be provided during Phase II to the offerors selected to propose for Phase II.

Magnitude of Construction: The estimated price range of this construction project is between $25 Million and $100 Million.

The Primary North American Industry Classification System (NAICS) code is 237990 (Other Heavy and Civil Engineering Construction) with a small business size of $45 Million. Product Service Code is Y1JZ - Construction of Miscellaneous Buildings.

REGISTRATION / SUBMISSION REQUIREMENTS: Failure to have an active and completed registration in any one of the following databases at the time of award may deem the offeror “nonresponsible” in accordance with FAR Part 9 and ineligible for award. Information contained within an offeror’s registration must be current and valid. The responsibility of maintaining current information contained in an offeror’s registration rests solely on the offeror.

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

Unless an exemption applies, Government contractors must be registered in the SAM and complete required representations and certifications annually. FAR 52.204-7 requires offerors to be registered in SAM at the time of bid and to continue to be registered until time of award, during performance, and through final payment.

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

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 and JCCS. The Government will not accept separate registrations and licenses for each separate entity representing the JV.

B. ACQUISITION SPECIFICS

Performance Period: One (1) 12-month base plus four (4) 12-month option years.

Maximum Contract Value: $45,000,000 over the life of the MATOC.

Minimum Guarantee: The minimum guaranteed amount is $10,000 for each IDIQ base award.

Task Order Limitations: Competitively awarded task orders estimated from a minimum of $250,000 to a maximum of $10,000,000.

Number of Awards: The Government intends to advance a target of three (3) to five (5) offerors from Phase I to Phase II, from which it anticipates awarding a target of three (3) IDIQ contracts to form the “MATOC pool”. However, the Government reserves the right to advance offerors (not to exceed 5) and award to more (not to exceed 5), less, or none from both phases. More or fewer offerors may remain in the pool through “on-ramping” and “off-ramping” procedures. The need for additional MATOC awardees is dependent upon various factors, to include a lack of adequate task order competition, original awardees exiting the pool, the need to enhance the pool of expertise for new task orders, or other causes that determine an open season is in the best interest of the Government.

Currency: All task orders will be awarded, invoiced, and paid in US Dollars

This MATOC will be used to award task orders for design-build and design-bid-build construction projects in Kuwait by USACE TAE, and USACE districts across the enterprise.

C. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and any amendments will be available on the Procurement Integrated Enterprise Environment (PIEE) https://piee.eb.mil/. The solicitation is unrestricted so any potential offerors may pull this information with the link provided on SAM.gov. The offeror shall submit in its proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

D. OFFEROR’S QUESTIONS AND COMMENTS

Bidder Inquiries in ProjNet. Inquiries regarding the solicitation shall be submitted as follows:

1. All inquiries regarding this solicitation are to be submitted via Bidder Inquiry; telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet.

a) Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected.

b) Offerors will receive an answer to their question(s) after it has been processed by our technical team via periodic modifications announcing all inquiries and answers received up to that point. Offerors may view all bidder inquiries through ProjNet.

c) Inquiries may be submitted up to ten (10) days prior to the proposal due date to allow time for analysis and response. The Government will not be required to respond to inquiries submitted after this date though it may choose to do so if in the interest of achieving the best value.

2. To submit and review bid inquiries, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Bidder Inquiry Key for Phase I: B8B472-4SMZY9

3. Specific Instructions for ProjNet Bid Inquiry Access:

a) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

b) Identify the Agency. This should be marked as USACE.

c) Key. Enter the Bidder Inquiry Key listed above.

d) Email. Enter the email address you would like to use for communication.

e) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

f) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

g) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

4. Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5. For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer.

6. For questions about the ProjNet-®, please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

Administrative questions and/or comments relative to these documents should be submitted via ProjNet-®

The POC’s for this solicitation are as follows:

Contract Specialist – Dawn Barnett U.S. Army Corps of Engineers, Transatlantic Expeditionary District (TAE) Email: dawn.s.barnett@usace.army.mil

Contracting Officer – Yvette Walker U.S. Army Corps of Engineers, Transatlantic Expeditionary District (TAE) Email: yvette.walker@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Specialist via ProjNet-® no later than ten (10) calendar days before proposal due date, in order that they may be given consideration or actions taken prior to receipt of offers.

E. PROPOSAL REQUIREMENTS, CONTACT, AND FORMAT

The Government will not reimburse any costs incurred or associated with preparation and submission of any responses to this solicitation. Any oral explanations or instructions to offerors if made, are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation. The solicitation and any amendments to the solicitation will be issued electronically via public announcement on the SAM website. It is each offeror’s responsibility to acknowledge any amendments in its proposal submission.

Offerors should not modify the terms and conditions of the solicitation in either the non-price (technical) or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award.

The offeror should resolve any questions related to specific terms and conditions contained within the solicitation prior to submission of their offer.

References to “confidential” projects cannot be submitted to demonstrate capability unless all the information required for evaluation as specified herein can be provided to the Government as part of an offeror’s technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions at FAR Clause 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data.

Use of the words “will”, “shall”, or “must” indicates a mandatory requirement. Failure to comply with a mandatory requirement at the time and date for submission of proposals, shall result in an offeror’s proposal being disqualified from consideration for award, unless the Government determines to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved could be made.

Failure to comply with requirements annotated with the words “should” or “may” could result in an unacceptable rating of an offeror’s non-pricing ratings and may have a significant effect upon an offeror being selected for the contract award. Time periods, if stated as a number of days, are calendar days unless otherwise specified.

Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror.

All information that the offeror intends to be evaluated as part of the non-price (technical) proposal shall be submitted with the non-price proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the qualification proposal could lead to an offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

F. PRE-PROPOSAL CONFERENCE / SITE VISIT

A pre-proposal conference / site visit is not anticipated Phase I. If a pre-proposal conference / site visit is scheduled for Phase II, the information will be provided in the Phase II solicitation amendment.

G. PROPOSAL FORMAT

Proposals than English will be considered unacceptable. Letters, licenses, agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner that the English translation is true and correct.

An offeror’s proposal must be submitted as separate PDF file formats (or Excel as applicable): Volume I – Non- Price (Technical) proposal during Phase I, Volume II – Price during Phase II, and Volume III – Seed Project during Phase II. Each volume must include the content and adhere to the format discussed above.

A 50-page limit applies to Volume I; a 50-page limit applies to Volume III; there is no page limit for Volume II.

Pages furnished for organizational purposes only such as a cover page, tabs, separator pages, or a table of contents are not included in the page limitation. Corporate certificates, joint venture agreements, and Letters of Commitment are also not included in page limitations.

Proposals shall be sized to print on 8 1/2” x 11” paper, that is A4; the equivalent to 11” X 17” for drawings, that is A3. Font size shall be no smaller than 10-point font. Page is defined as a single sheet of paper with text on one side.

Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror.

All information intended to be evaluated as part of the technical proposal shall be submitted within the technical proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the qualification proposal could lead to an offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

Pricing information is not required and shall not be submitted in Phase I. Therefore, a bid bond / bid guarantee is not required during Phase I, but will be required during Phase II.

a. COVER PAGE: A cover page shall appear at the beginning of each volume and, at a minimum, shall consist of the following information:

(1) Solicitation Number/Phase I

(2) Offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually.

(3) Offeror’s SAM Unique Entity Identifier, if applicable.

(4) Offeror’s JCCS ID

b. TABLE OF CONTENTS: A table of contents shall be placed in each volume and shall identify major areas by title, page numbers, and volume location.

c. VOLUME I QUALIFICATION PROPOSAL: The information required within an offeror’s technical proposal is described in Section 00 21 16 (Phase 1). Do not submit pricing information with the technical proposal.

FACTOR LOCATION DESCRIPTION

Phase I Factors

Factor 1 Phase 1, Volume 1, Tab A Specialized Experience

Factor 2 Phase 1, Volume 1, Tab B Past Performance

Factor 3 Phase 1, Volume 1, Tab C Key Personnel

Subcontractor Letters of Commitment, where applicable.

Signed Solicitation, Offer, and Award (SF 1442) with blocks 14-20c completed, including acknowledgment of all amendments.

Completed Representation and Certifications (Section 00 45 00).

Offerors shall verify that the information for all forms submitted are current, correct, and complete, including names of points of contact, email addresses, and telephone numbers.

The Government will not evaluate any material that exceeds the page limits specified within each evaluation factor.

Elaborately prepared proposals are not required, and any material in excess of what is requested, such as corporate marketing information, will not be considered.

Failing to submit required attachment, or to fill out attachments complete and properly, may result in determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through inquires if instructions are not understood.

Offerors shall include the following notification on the bottom of each page of their proposals: “Source Selection Information – See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person.” Proprietary information must be clearly marked.

All information must be confined to the appropriate volume. The Offeror should limit the proposal to the required information sufficient to provide the Government an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal.

H. PROPOLSAL SUBMITTALS

Proposals shall be submitted via the Procurement Integrated Enterprise Environment (PIEE) https://piee.eb.mil/.

The Arabian Standard Time zone (UTC +3) will be used for the purposes of determining whether the proposal was received "late" in accordance with FAR 15.208. The solicitation is unrestricted so any potential offerors may pull this information with the link provided on SAM.gov. The offeror shall submit in its proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Phase I proposals are due no later than 27 April 2023 by 12:01 PM Arabian Standard Time. Proposals received after this date and time will not be accepted. Facsimile proposals are not permitted. It is an offeror’s responsibility to ensure its proposal is received by the Government system by the date and time of the proposal deadline.

Undeliverable messages due to an offeror’s proposal size or IT issues are not the responsibility of the Government.

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 proposal 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 proposals and was under the Government’s control prior to the time set for receipt of proposals; or

3) it was 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.

I. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

J. DEFINITIONS

1. Rating. The rating for all technical factors in Volume I except past performance will be expressed as an adjectival assessment of Outstanding, Good, Acceptable, Marginal, or Unacceptable.

The following rating definitions will be utilized in the evaluation:

Combined Technical/Risk Ratings

Adjectival Rating Description

OUTSTANDING Proposal demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths, and/or at least one significant strength, and risk of unsuccessful performance is low.

GOOD Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.

ACCEPTABLE Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and 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 is unawardable, and/or risk of performance is unacceptably high.

The adjectival ratings, defined below, are not separate ratings, but will be used to define the levels of risk in the aforementioned table.

Technical Risk Rating Method

Low Proposal may contain weakness/weaknesses which have low potential to cause disruption of schedule, increased cost, or degradation of performance. Normal contractor emphasis and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Proposal contains a significant weakness or combination of weaknesses which may have a moderate potential to cause disruption of schedule, increased cost, or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome any difficulties.

High Proposal contains a significant weakness or combination of weaknesses which is likely to have high potential to cause significant disruption of schedule, increased cost, or degradation of performance. Special contractor emphasis and close Government monitoring will unlikely be able to overcome any difficulties.

Unacceptable Proposal contains a deficiency or a combination of significant weaknesses that causes an unacceptable level of risk of unsuccessful performance.

Performance Risk Factor Rating Definitions. The relevancy rating will assist the SSEB in determining the confidence rating for Past Performance. A relevancy rating of Very Relevant, Relevant, Somewhat Relevant, Not Relevant (each defined below) will be assigned to each offeror’s past performance submission.

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

A confidence rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, Unknown/Neutral Confidence (each defined below) will be assigned to the Performance Risk Factor. Offerors that have no relevant performance record will be given a neutral/unknown risk rating for this factor:

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.

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.

Unknown Confidence (Neutral)

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.

2. Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably enhances the probability of successful contract performance.

3. Strength. Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract.

4. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance.

5. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

6. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

7. Uncertainties. Any aspect of the proposal for which the intent of the offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake. Examples include a mistake in calculation or measurement and contradictory statements.

8. Communications. Communications between the Government and offerors, after receipt of proposals and before establishment of the competitive range, are exchanges leading to establishment of the competitive range (if such communications are required). Communications shall be limited to:

Offerors whose past performance information is the determining factor preventing them from being included in the competitive range. Such communications will address adverse past performance information to which the offeror has not had a prior opportunity to respond; and

Offerors (other than those discussed above) whose exclusion from or inclusion in the competitive range is uncertain.

Communications may be conducted to enhance Government understanding of proposals; allow reasonable interpretation of the proposal; or facilitate the Government's evaluation process. Communications cannot be used to cure proposal deficiencies or material omissions, materially alter the technical or price elements of the proposal, and/or otherwise revise the technical or price elements of the proposal. Such communications may be considered in rating proposals for the purpose of establishing the competitive range, if required.

Communications shall not provide an opportunity for the offeror to revise their proposal but may address ambiguities in the proposal or other concerns (e.g., perceived deficiencies, weaknesses, errors, omissions, or mistakes, and information relating to relevant past performance).

9. Clarifications. Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposal (e.g., relevance of past performance information, and adverse past performance) or to resolve minor or clerical errors.

PHASE I - Section 00 22 16 - Evaluation Factors for Award

A. OVERVIEW

This procurement is being conducted using formal source selection procedures. The Government intends to advance three (3) to five (5) offerors from Phase I to Phase II, from which it anticipates awarding a target of three (3) IDIQ contracts to form the “MATOC pool”. However, the government reserves the right to advance offerors (not to exceed 5) and award to more (not to exceed 5), less, or none from both phases.

One solicitation will be issued to cover both phases. Phase I is the pre‐selection qualification phase and does not include the submission of price proposals. The qualification proposals will be evaluated against the following non-price factors: Specialized Experience, Management and Execution Plan and Past Performance. Phase I proposals will be evaluated using the process in FAR 36.3 to determine which offerors will be requested to submit proposals for Phase II. Upon completion of the Phase I evaluations, the Source Selection Authority (SSA) will advance the most highly qualified offerors (not to exceed 5) from Phase I to Phase II. An amendment to the solicitation will be issued to those offerors who will be invited to submit Phase II proposals. Phase I evaluations will not be utilized in the Phase II evaluations.

Phase II will be evaluated in accordance with FAR 15.101-1, Tradeoff Process, according to the factors and subfactors identified in the solicitation.

B. GENERAL INSTRUCTIONS

All submission items to be evaluated pertain to the prime offeror, whether a single contractor entity, partnership, or a joint venture. The government will consider information provided concerning principal or primary subcontractors;

however, unless a letter of commitment is provided establishing the likelihood that those subcontractors will actually be available for task order execution, then that submitted information will largely be diminished in the evaluation and selection process.

Subject to the provisions contained herein, the most highly qualified offerors in Phase I will be selected and requested to submit Phase II proposals. In determining the most highly qualified offerors, the government will evaluate Phase I proposals to determine offerors who are responsible in accordance with FAR Subpart 9.1; who are responsive to the solicitation requirements;…