W5J9JE23R0008_Mosul Youth Detention Center.pdf

PROJECT TITLE: Design-Build for the Mosul Youth Detention Center project in Mosul, Iraq.

CONTRACT TYPE: One Phase, Design Build, Firm Fixed Price, Construction of the Mosul Youth Detention Center in Mosul, Iraq.

The Mosul Youth Detention Center project in Mosul, Iraq is a renovation of an existing facility w hich includes demolition and new construction of a guard barracks, north and east perimeter w all replacement, additional guard tow ers, a new enclosure for the center yard, and a generator replacement. The Contractor is responsible for designing all aspects of this project in accordance w ith Section 01 10 00, Section 01 10 15, and the design draw ings in the Statement of Work.

MAGNITUDE OF CONSTRUCTION PROJECT: The estimated cost of this contraction project is betw een $1,000,000 and $5,000,000.

DAWN S BARNETT

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

29-Mar-2023

(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 _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________28 Apr 2023 (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 of fers are due.

B. An offer guarantee X is, 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 _______60 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 TAE

CAMP ARIFJAN

COE T340

APO AE 09366

W5J9JE

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:01 AM (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:

W5J9JE23R0008 58

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

W5J9JE23R0008

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Architectural and Engineering Design

FFP

Architectural and Engineering Design FOB: Destination

NET AMT

0002 1 Job Mobilization/ Demobilization

FFP

Mobilization/ Demobilization

0003 1 Job Survey and Site Investigation

FFP

0004 1 Job Geotechnical Analysis

0005 1 Job As-Built Drawings

0006 1 Job Demolition

0007 1 Job Site Grading and Drainage

0008 1 Job Generator and Electrical Distribution

0009 1 Job Water Storage and Distribution

0010 1 Job Alaska Barrier Temporary Relocation

0011 1 Job New Alaska Barriers

0012 1 Job Visitor Center Disassemble and Assemble

0013 1 Job Concrete Slab Extension

0014 1 Job New Perimeter Walls

0015 1 Job New Guard Barracks

0016 2 Job New Guard Towers

0017 1 Job New Detainee Center Yard Enclosure

0018 1 Job Contractor Manpower Reporting

0019 1 Job OPTION FFE Package

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP 1 US MILITARY,CNTRL RCVG & SHIPPING

POINT

JOSE LUJAN

BLDG 340-T

CAMP ARIFJAN

W5J9JE

0002 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0008 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0009 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0010 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0011 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0012 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0013 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0014 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0015 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0016 180 dys. ANP 2 (SAME AS PREVIOUS LOCATION)

0017 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0018 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0019 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS – 00 21 00

A. GENERAL INFORMATION

This solicitation pertains to a Firm-Fixed-Price contract for construction services in Iraq using a single step design-bid-build procurement process. USACE, Transatlantic Expeditionary District (TAE), has a requirement from the Operation Inherent Resolve (OIR) mission for the repair and renovation of the Juvenile Detention Center in Mosul, Iraq. The project will be constructed in accordance with current Iraqi and U.S. building codes, safety, and security standards.

The primary North American Industry Classification System (NAICS) code for work under this procurement is 236220 (Commercial and Institutional Building Construction) with a small business size standard of $45M.

The contractor shall provide all management, administration, quality control, labor, transportation, equipment, materials, vehicles, heavy equipment, supplies and other items as necessary to perform the services contained in the scope of work.

System for Award Management (SAM). US-based contractors must be registered in the System for Award Management (SAM) and determined to be responsible prior to Award. For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/. Offerors must have NAICS code 236220 – Commercial and Institutional Building Construction listed in their SAM registration.

Joint Contingency Contracting System (JCCS): Offerors must demonstrate that they are registered in the JCCS.

Offerors must provide evidence of an active JCCS registration in good standing, which is current as of the date of proposal receipt. Offerors must be registered in the JCCS to be considered eligible for award. Information on JCCS registration is available at the following web-site: https://www.jccs.gov. The Government may choose to search the JCCS database using the JCCS Company ID number supplied by the vendor to verify eligibility. An “Unacceptable” rating will be assigned to Offerors providing incomplete or incorrect information pertaining to JCCS registration.

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. PROPOSAL REQUIREMENTS, CONTENT, 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 and all 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 of 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.

C. PROPOSAL CONTENT

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.

VOLUME I – NON-PRICE (TECHNICAL) PROPOSAL: The information required within each factor of an offeror’s technical proposal is described below. Do not submit pricing information with the non-price (technical) proposal. Offerors are reminded to adhere to any page limitations stated in a specific factor. Volume 1 shall not exceed 50 pages, front and back, including the Table of Contents.

COVER PAGE: A cover page shall appear at the beginning of Volume I and, at a minimum, shall consist of the following information:

Solicitation number Offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually Offeror’s JCCS Number or SAM Unique Identifier

TABLE OF CONTENTS: A table of contents shall be placed in Volume I, which identifies major areas by title and page numbers. This volume contains Tab A though Tab C. Submit one (1) electronic copy of this volume.

NON-PRICE (TECHNICAL) PROPOSAL (Volume I):

FACTOR LOCATION DESCRIPTION

Factor 1 Vol 1, Tab A Past Performance Factor 2 Vol 1, Tab B Technical Approach

Factor 3 Vol 1, Tab C Relevant Experience with Similar Construction

Failure to submit the required information, including Representation and Certifications (Section 00 45 00), may result in a determination that the proposal is unacceptable.

VOLUME II - PRICE PROPOSAL: The information required within an offeror’s price proposal is described under the price evaluation, Factor 4, Price below. Volume II shall include the following:

Cover Page: A cover page shall appear at the beginning of Volume II and, at a minimum, shall consist of the following information:

Solicitation number, offeror’s name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually

Offeror’s JCCS Number or SAM Unique Identifier

Table Of Contents: A table of contents shall be placed in Volume II, which identifies major areas by title and page numbers.

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

Completed SF 1442, Section 00 11 00, CLIN Schedule.

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

Failing to submit or completely fill out the solicitation attachments may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through the Bidder Inquiry process (via ProjNet) described in Section II.D, below.

D. PROPOSAL FORMAT

Proposals must be typed and submitted in English. Proposals submitted in a language other 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 two separate files in PDF (or comparable) formats: Volume I – Non- Price (Technical) proposal and Volume II – Price. Each volume must include the content and adhere to the format discussed above.

A 50-page limit applies. 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.

The Volume 1 – Non-Price (Technical) proposal 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 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.

E. PROPOSAL SUBMISSION INSTRUCTIONS

Proposals shall be submitted by email only to the specified email addresses. Proposals shall be submitted via email to: DLL-CETAE-CT-Proposal-Submission@usace.army.mil and carbon copy (cc) Dawn.S.Barnett@usace.army.mil. Multiple emails may be submitted. In the case of multiple emails, include in the subject of the emails # of #. The subject of the email shall be labeled: Email _#_ of _#_ W5J9JE-23-R-0008 - COMPANY NAME. You are encouraged to request a delivery receipt and read receipt with your email submission.

The Kuwait time zone will be used for the purposes of determining whether the proposal was received "late" in accordance with FAR 15.208. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

Proposals are due no later than April 28, 2023 by 12:01 PM Arabian Standard Time, UTC +3. 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 – 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 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 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.

F. SOLICITATION INQUIRIES

All inquiries regarding this solicitation are to be submitted at https://www.projnet.org/projnet/. Telephone and email inquiries will not be accepted. ProjNet is a web-based program that allows offerors to post questions regarding the solicitation and view all questions by other bidders and responses by USACE.

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

Offerors will receive an acknowledgement of their question(s) via email, followed by an answer to their question(s) after it has been processed by our technical team. Offerors may view all bidder inquiries through ProjNet.

For the request for proposal, bidder inquiries will be accepted up to seven (7) days prior to proposal due date. The inquiry system in ProjNet will be closed after this time period and not accept further inquiry postings.

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 is: DND4IQ-7R3NZN

Specific Instructions for ProjNet Bid Inquiry Access:

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. Identify the Agency as USACE. Enter the Bidder Inquiry Key listed above. Enter the email address you would like to use for communication. 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.

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. Click “Add User”. Once this is completed you will be registered within ProjNet and logged into the system.

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 are then available for all other bidders to review.

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

For questions about the ProjNet-®, please contact the Call Center help desk USA 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.

The Government does not intend to hold a Site Visit.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

UAI 5152.236-9011

DESIGN-BUILD CONSTRUCTION CONTRACTS (MAR 2019)

(a) Design-Build Contract Order of Precedence. The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the Solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(1) In the event of conflict or inconsistency between any portion of this contract, precedence shall be given in the following order:

i.Betterments: Any portions of the accepted proposal which both conform to and exceed the requirements of the Solicitation.

ii.The requirements of the Solicitation. (See also FAR 52.236-21, Specifications and Drawings for Construction) iii.All other elements of the accepted proposal.

iv.Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(b) Personnel, subcontractors, and outside associates or consultants. In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

(c) Responsibility of the Contractor for Design. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(1) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(2) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of these services furnished under this contract.

(3) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(4) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

(d) Contractor's Role during the Design Process. The Contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the

Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the design and construction quality control (QC) management programs with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation for eventual submission as Record Drawings.. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

(e) Deviating from the Accepted Design. The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped-and-sealed and Government-reviewed final design that has been released for Construction before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(1) The Government reserves the right to non-concur with any revision to the final design that has been released for construction, including those which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(2) Any Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(3) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(4) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

(f) Value Engineering after Award. In reference to Federal Acquisition Regulation (FAR) 52.248-3, Value Engineering - Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(1) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(2) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements, which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted proposal a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(3) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used.

Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

(g) Warranty of Design. The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph c of this clause, Responsibility of the Contractor for Design.

(1) The period of this warranty shall commence upon final completion and the Government's acceptance of the work, or in the case of the Government's beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(2) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose or host nation law, as applicable to the place of construction performance.

(3) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

(h) Government Re-Use of Design. In conjunction with the Defense Federal Acquisition Regulation Supplement (DFARS) 252.227-7022, Government Rights (Unlimited), the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and record drawing documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

(End of clause)

Section 00 21 16 - Instructions to Proposers

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Priced contract resulting from this solicitation.

(End of provision)

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):

https://www.acquisition.gov/

Section 00 22 16 - Supplementary Instructions to Proposers

BASIS FOR AWARD

BASIS FOR AWARD – 00 22 16

EVALUATION PROCESS AND PROCEDURES

A. KEY MILESTONES. The source selection process will follow:

a. Issue RFP

b. Receive Proposals

c. Conduct Evaluation

d. Present Findings to SSA

e. SSA Decision

f. Debriefing of Unsuccessful Offerors

B. DEFINITIONS

1. Rating. The adjective/descriptor assigned by the evaluators to the non-cost/price factors and corresponding subfactors (if any). Proposals are evaluated for acceptability, but not ranked using the non-cost/price factors/subfactors.

2. Factor Rating Definitions.

Past Performance Rating. Assess the offeror’s probability of meeting the minimum past performance solicitation requirements. Use the rating descriptions outlined below.

Past Performance Evaluation Ratings Rating Definition

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered acceptable.

Technical Rating. Assess whether the offeror’s proposal will satisfy the Government’s minimum requirements. Determine whether the offeror’s proposal is acceptable or unacceptable, using the ratings and descriptions outlined below.

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Definition Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

C. EVALUATION FACTORS

FACTOR LOCATION DESCRIPTION

Factor 1 Vol 1, Tab A Past Performance Factor 2 Vol 1, Tab B Technical Approach Factor 3 Vol 1, Tab C Relevant Experience with Similar Construction Factor 4 Vol 2 Price

FACTOR 1 – PAST PERFORMANCE

Submission Requirements:

a. The offeror is encouraged to submit a Contractor Performance Assessment Report System (CPARS) for recent and relevant projects completed under Factor 3. If that is unavailable, the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 3 – Relevant Experience with Similar Construction. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal.

If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ which will provide contract and client information for the respective project(s). Incomplete questionnaires may not be considered if no performance rating is included or if it contains extensive blank fields. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Contract Specialist via email prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

b. Each contractor shall provide a minimum of three (3) with a maximum of five (5) past performance ratings. Entities that have no past performance ratings shall notify the Contracting Officer (KO) in writing, prior to the date and time established for the RFP closing or risk being considered non-responsive for not addressing all of the solicitation requirements, that they have had no previous clients and that the minimum number of questionnaires cannot be provided. It is the contractor’s responsibility to ensure that the reference documentation is provided, as the Government may not make additional requests for past performance information from the references. The evaluation form shall be provided to the Contract Specialist directly from the reference.

c. The Government may contact references provided as part of Factor 3 – Relevant Experience with

Similar Construction, for information regarding the Offeror’s past performance on the project and for the purposes of assessing and verifying the scope of the work performed. Offerors should provide accurate, current, and complete contact information for references provided in the project descriptions. The offeror should ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs must be submitted with your proposal by the specified closing date and time. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. While it is important to submit a PPQ signed by the client, if the offeror is unable to obtain a completed PPQ from a point of contact for a project(s) before the proposal closing date, the offeror shall complete blocks 1-5 of the PPQ which will contain contract and client information and submit it with the proposal.

d. The Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all Contractor and

Government Entity Code (CAGE)/ SAM Universal Entity Identifiers (UEI)/ Joint Continency Contracting System (JCCS) of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

e. If an offeror is using work performed as a joint venture to meet a task in Factor 3 –Relevant

Experience with Similar Construction, the offeror may submit projects for evaluation performed by (1) the joint venture, and (2) projects performed by entities that comprise the joint venture. The Government will consider past performance information submitted from a joint venture if: (a) for each project submitted for past performance consideration, the offeror’s proposal describes the role of the partner in the joint venture for that specific project; and (b) the offeror’s proposal clearly identifies how the role of the partner in the joint venture on the submitted project is relevant to the role the partner will be performing on the solicitation project.

f. If an offeror is using work performed by a major subcontractor to meet a task in Factor 3 – Relevant

Experience with Similar Construction, the offeror shall request the subcontractor’s client or prime contractor complete the PPQ for the project submit a CPARS report (if available) from the subcontractor or request the subcontractor's client or prime contractor to submit a completed PPQ for the project. Any other work performed by a major subcontractor(s) to include CPARS reports, will not be evaluated.

g. The offeror should provide English speaking references who have first-hand knowledge of the offeror’s past performance for the applicable project submitted and may be asked to comment on specific aspects of the offeror’s performance, including quality construction, timeliness, management of the work, subcontractor management including timely payment to subcontractors or suppliers, safety, relations between owner and contractor, correcting construction errors, and warranty work.

References should be the contracting agency or entity that administers the contract such as the construction agent, owner, or Government representative. The offeror’s references should be independent and willing and available to answer questions. The offeror should also ensure that each reference is notified that he/she may be contacted for the purposes of the evaluation.

Evaluation Criteria:

The Government will review all performance evaluation ratings and past performance questionnaires for projects submitted under Factor 3. The Government may contact provided points of contact listed on the Experience Information forms submitted under Factor 3. Offerors must demonstrate the following minimum acceptability standards:

For the purposes of this evaluation a “recently” completed project is defined as a construction project which 1) has been completed within the last six (6) years of the RFP issuance date, or 2) is currently under construction and is at least eighty percent (80%) complete as of the RFP issuance date.

A “relevant” project is defined as project that include repair or renovation construction on a minimum of 300SM projects valued at $1,500,000 USD minimum.

Submitted projects must meet the size requirements listed in Factor 3.

Past Performance Evaluation.

The past performance evaluation results in an assessment of the probability that the Offeror will meet the solicitation requirements. The past performance evaluation considers each Offeror's demonstrated record of performance on recent and relevant projects that involve a similar scope and magnitude of effort and complexities as this solicitation requires.

The projects submitted for Factor 3 – Relevant Experience with Similar Construction will be evaluated to assess the Government's confidence in the ability of the offeror to meet the solicitation requirements. The Government will consider all available CPARS information on recent and relevant projects submitted by the offeror or identified by the Government.

The Government will consider past performance of the offeror, its proposed major subcontractor(s), and the past performance information submitted on partners of a joint venture.

Rating Methodology for Factor 1.

The Government will consider the recent and relevant past performance information to assign a past performance evaluation rating. To be rated "Acceptable" in this factor, Offerors must receive an overall rating of Satisfactory, Very Good, or Excellent on the PPQ form and/or must receive an overall rating of Satisfactory, Very Good, or Excellent on all recent and relevant major sections of CPARS reports evaluations. The major sections in a CPARS (DD2626) evaluations are: Quality, Schedule, Cost Control (if applicable), Management, Small Business Subcontracting (if applicable), Regulatory Compliance, and Other Areas including, but not limited to Safety. The individual sub factor ratings within these seven major sections will not be considered individually.

Failure to demonstrate the minimally acceptable criteria under this factor will result in an “UNACCEPTABLE” rating and elimination from further consideration for contract award. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability “UNKNOWN” shall be considered “ACCEPTABLE”.

FACTOR 2 – TECHNICAL APPROACH

Submission Requirements:

The Offeror’s technical approach must contain the criteria for Management & Logistical Approach and Preliminary Schedule listed below in order to be found “ACCEPTABLE” and therefore, eligible for award.

The proposal shall demonstrate the offeror’s technical approach by narrative demonstrating the ability to meet the evaluation criteria outlined below. The offeror shall demonstrate an understanding of the Scope of Work (SoW) to perform all work to construct the project in a timely manner including, but not limited to obtaining all required permits, site preparation, building renovation, well construction, and mechanical/ electrical/ plumbing (MEP) commissioning and TAB (testing and balancing). In addition to the narrative, the offeror shall provide the following (excluded from the page limitation):

Preliminary Schedule:

Schedules or diagrams should be presented as on 11”x17” foldout sheet in the proposal. The preliminary schedule shall be task oriented, indicating the number of calendar days after notice to proceed by which milestones are to be achieved. Offeror may use a critical path or other method of their choice; however, schedules shall be graphically represented. The preliminary schedule shall reflect the proposed contract duration which shall not exceed the maximum performance time established in the contract. Give attention to the following features:

i. Show the overall construction phase for major item(s), for the site work, utilities, paving, grading, building construction, finishes, commissioning, and closeout.

ii. Show turnover of the project. The time to complete the project and turnover to the Government shall consider the requirement for the contractor’s QC completion inspection and the subsequent joint Government-contractor turnover inspection.

iii. Show as-built drawing submissions.

iv. Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion period. Clearly identify any constraints on the schedule presented (i.e., labor and material availability, permits, weather, etc.).

Indicate the anticipated overall critical path on the schedule.

Evaluation Criteria:

The Government will review the offeror’s narrative and preliminary schedule in response to Factor 2.

1. Management & Logistical Approach.

The Offeror must clearly articulate a narrative demonstrating the Offeror’s understanding of the construction schedule’s logic and constraints, as well as the Offeror’s understanding of the Contract requirements.

To be rated as “ACCEPTABLE”, and therefore eligible for contract award, the Management & Logistical Approach narrative must include, at a minimum, the criteria detailed below.

i. Include identification of the critical path, key construction milestones and features of work, concurrent activities, and key deliverables to demonstrate an understanding of the project scope;

i…