W5J9JE23R0008 - Amendment 0002 - Mosul Detention.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 0002 follow s:

1. Provide responses to inquiries submitted through ProjNet through close of business 23 April 2023.

2. Close the Bidder Inquiry on 27 April 2023. The inquiry system in ProjNet w ill be closed after this time period and not accept further inquiry postings.

3. Inquiries not responded in amendment 0002 w ill be responded in amendment 0003.

4. In Section 00 21 00 and 00 22 16 changes made are marked in red.

5. Extend the proposal due date. Proposals are due no later than 13 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

6. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

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

16C. DATE SIGNED

BY 26-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 W5J9JE23R0008

X 9B. DATED (SEE ITEM 11)

29-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 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

26-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:

W5J9JE23R0008

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:

AMENDMENT 0002

W5J9JE23R0008 ProjNet Bidder Inquiries Amendment 0002 – Bidder Inquiry Responses (23)

The purpose for amendment 0002 follows:

1. Provide responses to inquiries submitted through ProjNet through close of business 23 April 2023.

2. Close the Bidder Inquiry on 27 April 2023. The inquiry system in ProjNet will be closed after this time period and not accept further inquiry postings.

3. Inquiries not responded in amendment 0002 will be responded in amendment 0003.

4. Extend the proposal due date. Proposals are due no later than 13 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

Inquiry ID - 10186110: Is there a site visit?

Response: Please refer to page 15 of 58 of the initial solicitation which states, “The Government does not intend to hold a Site Visit.”

Inquiry ID -10186170: Inquiry: What is the percentage of the bid guarantee, Payment bond, and performance bond that the solicitation has included? Is there any as-built site plan available?

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

Response: FAR Clause 52.228-1 has been added to this solicitation via amendment W5J9JE23R0008, Amendment 0002, and this clause states the bid guarantee shall be 15 percent (15%) of the bid price or $150,000 whichever is less.

The Statement of Work was uploaded to SAM.gov on 3 April 2023. Please visit file:///C:/Users/n2taeyw1/AppData/Local/Temp/MicrosoftEdgeDownloads/b04b1c7c-1d6d- 4b97-aff5-0cdcf5108194/W5J9JE23R0008_Statement+of+Work.pdf

Inquiry ID - 10186661: The solicitation doesn't contain the Statement of Work or the drawings, will you post these files in SAM or you will send by email?

Response: Please refer to the response provided in Inquiry ID 10186170.

Inquiry ID - 10191216: SF1442, block 13.b show that an offer guarantee is required, can you please specify the amount of the offer guarantee in USD, and in what form the guarantee should be?

Response: Please refer to the response provided in Inquiry ID 10186170.

Inquiry ID - 10191218: Section 252.236-7001 refer to an Appendix-A that contains the drawings of the subject RFP. Can you please tell where can we find the drawings file?

Response: Please refer to the response provided in Inquiry ID 10186170. Appendix A is available in the SOW.

Inquiry ID - 10191579: Greetings and good time to you, kindly we need to ask you where we cannot find the SOW and drawings specifications because we not found it uploaded in SAM.

So, please if you can upload these important files also indicate the percentage of bid guarantee or if you can delete the bid guarantee and rely only on the performance bond after notice of award to facilitate for companies to submit their offers on time with full respect and appreciation.

Response: Please refer to the response provided in Inquiry ID 10186170 and 10191216. In accordance with the original solicitation (Standard Form 1442), Section 13, Paragraph B, an offer guarantee is required.

Inquiry ID - 10196384: Kindly advise if there will be any site visit, in the solicitation document on page 15 of 58 it is mentioned that the Government does not intend to hold a Site Visit.

However, in the statement of work, item 1.6 bidder site visit, section 01 10 page 4 it is mentioned that a site visit will be held for all bidders for this contract.

Response: There is no site visit required for this solicitation. The Statement of Work is revised with solicitation W5J9JE23R0008, amendment 0002, which removes the requirement for a site visit.

Inquiry ID - 10196387: Please advise whether a bond issued from banks in Iraq either in the form of a certified check or bank guarantee is accepted.

Response: Please refer to the response provided in Inquiry ID 10186170. FAR Clause 52.228-1 paragraph (b) provides acceptable methods of bid guarantees.

Inquiry ID - 10197487: Tender submission date is 28 April 2023 which is few days after Ramadan Feast. Taking into account days before Ramadan Feast and 4 days of Ramadan Feast are nonworking days in Iraq, kindly ask for postponement of tender submission date for 2 weeks.

Response: The proposal due date is extended with solicitation W5J9JE23R0008, amendment 0002. Proposal are due no later than 13 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

Inquiry ID - 10197498: Reference to page 27 of Solicitation, reference is made to Attachment

22. Attachment 22 is not included in provided documents, please clarify.

Response: There is no attachment 22 for this requirement.

Factor 4 – Price, submission requirements, is hereby revised as follows:

Price analysis will be performed in accordance with FAR 15.404-1(b), to determine the price to be fair and reasonable. Reasonableness will be established using available pricing tools such as historical price information, price competition information, or the Independent Government Estimate. Proposals will be reviewed to determine price submission errors or omissions and areas requiring clarification.

Signed Solicitation, Offer, and Award (SF 1442) with blocks 14-20c completed, including acknowledgment of all amendments. CUI SOURCE SELECTION INFORMATION – SEE FAR

2.101 AND 3.104 CUI 41 Completed SF 1442, Section 00 10 00, Contract Line Item Numbers (CLIN) Schedule. All CLINs shall be completed with unit price, quantity, and extended price.

All extensions of the unit prices shown will be subject to verification. In case of discrepancy between the unit price and the extended price, the unit price will govern.

Completed Attachment 22 Proposal Schedule and Cost Breakdown Sheet in an Excel format.

Ensure figures and totals match Section 00 10 00, CLIN Schedule. This supplemental information may be used to aid the Government in determining the balance, fairness, and reasonableness of an offeror’s proposed price. The total price reflected on the Proposal Schedule and Cost breakdown sheet should correspond to the price submitted on the CLIN schedule. Any discrepancies could be considered a deficiency and result in an incomplete proposal evaluation.

Offerors should note that the Government intends to award the contract without entering into discussions or price negotiations. Therefore, offerors should submit their best and final price for consideration. The Government intends to evaluate price proposals in accordance with FAR Clause 52.217-5 Evaluation of Options.

Inquiry ID - 10198624: We have an Iraqi company registered in Dohuk, Iraq. Attached you can find the administrative decree which is also deemed as the business license. Is it possible to use this business license for the subject project in Mosul? Thanks.

Response: The U.S. Government does not determine the business requirements of other countries. It is the offerors’ responsibility to ensure they have all the appropriate documents and required licenses to operate in Iraq.

Inquiry ID - 10199098: According to the project specification Part 10.4 states that 10 each CCTV cameras shall be provided . There is no information for the infrastructure of these cameras in the Scope of Work. Will these cameras be installed by the contract or government?

Response: The contractor shall provide CCTV cameras and associated cables, but contractor is not responsible for installation.

Inquiry ID – 10199114: According to the project specification Part 10.4 states that 10 each CCTV cameras shall be provided and these cameras compatible with the existing CCTV camera system. Could you please provide brand and model name of the existing CCTV camera and system?

Response: The existing CCTV camera used is located in Appendix D FFE PACKAGE (Pages 250-253) the contractor is not limited to that brand but must provide a compatible system.

Inquiry ID – 10199128: Is a load bank test requested for the new 500kva generator ? Or is it sufficient to be commissioned by the manufacturer?

Response: Manufacturer testing certification is good.

Inquiry ID – 10199137: Emergency lighting given in the drawings E-605 in no longer available . Can we use emergency kit built-in lighting fixtures?

Response: Variations shall be submitted and reviewed after award and any reasonable variations due to material availability should be approved if all other specifications are met.

Inquiry ID – 10200975: Instructions to Offerors page 15, states "The Government does not intend to hold a Site Visit". Statement of Work General Sub Clause 1.6 states, "A Site Visit will be held for all the bidder's ......" Please clarify.

Response: Please refer to the response provided in Inquiry ID 10196384.

Inquiry ID - 10200976: Inquiry: Instructions to Offeror s page 25 "project duration is indicated as 240 days". Statement of Works General Sub Clause 1.1.1; Period of Performance is indicated as 180 days. Please clarify

Response: The correct performance period is 180 days. The sentence in question is revised to state:

ii. Reflect a total project duration of two hundred forty (240) one hundred eighty (180) calendar days.

Inquiry ID – 10202410: Can we submit the bank guarantee letter ONLY after winning the award? and our company undertakes to you not to sign contract until after submission letter of bank guarantee for you. If the technical offer and the total amount for the contract provided from our company are acceptable for you, but our company does not have a total of previous contracts for the amount specified mentioned according to scope of work for the previous three or five years, does this affect the chances of success and win award?

Response: In accordance with the original solicitation (Standard Form 1442), Section 13, Paragraph B, an offer guarantee is required. Please refer to response provided in Inquiry ID 10191579 and FAR Clause 52.228-14(c)(1).

The solicitation provides the definitions of the technical rating on page 20 of 58 as either acceptable or unacceptable.

An “Acceptable” technical rating is defined as a proposal that meets the requirements of the solicitation. To be rated as “Acceptable” under Factor 3, an offerors’ proposal but be determined to be recent and relevant in accordance with the Evaluation Criteria located on page 26 of 58.

Inquiry ID – 10203011: Could you please inform us if a bid bank guarantee is required for this solicitation? If so, should we submit it with the bid or after receiving the award notice? Please advise and thank you in advance.

Response: Please refer to the response provided in Inquiry ID 10196387.

Inquiry ID – 10208115: Per RFP 00 21 00 Paragraph C, Representations & Certifications are included as part of the Volume I: Non-Price (Technical Proposal ). Given that the Representations & Certifications are 15 pages long and that (5) 4-page PPQs would consume another 20 pages, only 15 pages would remain for technical discussion of the project. Request that the Representations & Certifications and/or PPQs be excluded from the 50-page count limitation.

Response: An offerors’ Representations & Certifications will be excluded from the Volume I 50-page count limitation.

Inquiry ID – 10208736: On page 22, under the heading Evaluation Criteria , it states "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. However, on page 26, under the heading Evaluation Criteria , it states "A "relevant" project is defined as (1) Projects that include new concrete frame building construction a minimum of 300SM and (2) Projects valued at $1,500,000 USD minimum. Which expression should we consider when addressing our Past performance?

Response: Page 26 of 58 has been revised to reflect “include repair or renovation construction.”

The statement in questions is revised to state:

A “relevant” project is defined as (1) Projects that include new concrete frame building repair or renovation construction a minimum of 300SM and (2) Projects valued at $1,500,000 USD minimum.

Inquiry ID – 10210595: In order to prepare a comprehensive and accurate proposal , we would like to request a site visit or survey of the facility . This will enable us to assess the current condition of the facility , understand the scope of work required, and develop a detailed plan for the renovation.

Response: At this time, due to security protocols, “The Government does not intend to hold a Site Visit.” This information is stated on Page 15 of 58.

Inquiry ID - 10219454: Missing document: "Attachment 22 Proposal Schedule and Cost Breakdown Sheet" in which needed to be completed and submitted along with Price proposal .

(Page 27 - FACTOR 4 PRICE - Submission Requirements)

Response: Please refer to the response provided in Inquiry ID 10197498.

Inquiry ID -10219477: Request for proposal submission extension: Our entire firm team is in the process to allocate the required information for this project proposal. We would highly appreciate the COR office extending the submission date. When is the government planning to initiate the site visit to the detention center?

Response: Please refer to response in Inquiry ID 10197487. The proposal due date is extended with solicitation W5J9JE23R0008, amendment 0002. Proposal are due no later than 13 May 2023 by 12:01 PM Arabian Standard Time, UTC +3. For the response on the site visit, please refer to the response provided in Inquiry ID 10186110.

Inquiry ID – 10226496: Is there any changes made to proposal submission or still need to submit Volume I and II as being asked?

Response: Please refer to response in Inquiry ID 10197487. The proposal due date is extended with solicitation W5J9JE23R0008, amendment 0002. Proposal are due no later than 13 May 2023 by 12:01 PM Arabian Standard Time, UTC +3.

Inquiry ID – 10226539: In the solicitation document Page 12 of 58 NON-PRICE (TECHNICAL) PROPOSAL (Volume I) referring to the following factors. 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 referring to the following factors.

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

Q1. Our company has 1 contract as a relevant experience with similar construction contracts and our company has completed the contract in 2023. Does that apply with Factor 3 Vol 1, Tab C? Is yes, what we should use with Factor 1 Vol 1, Tab A Past Performance? Since we have 1 contract as a past performance and it is the same for the Relevant Experience with Similar Construction. Should we use the same contract information with both Tab A and Tab C or what?

These terms applied with our contract past contract. A "relevant" project is defined as a project that includes repair or renovation construction on a minimum of 300SM projects valued at $1,500,000 USD minimum.

Q2. Does it allow us to submit the (CPAR) Evaluation documents along with the contract information as past experience?

Q3. Regarding the bank guarantee: Should we submit it with the bid or after the award of the contract ?

Responses: A1. Please refer to B. Definitions on page 20 of 58 and Factor 3, Relevant Experience with Similar Construction, Evaluation Criteria located on page 26 of 58. "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.

A2. Refer to answer above.

A3. Please refer to the response provided in Inquiry ID 10196387, 10203011 and 10202410 .

Response: Please refer to the response provided in Inquiry ID 10226539.

Inquiry ID – 10227018: Inquiry: No CLIN was allocated for DBA Insurance in the Standard Form 1442. Please advise

Response: For USACE contracts, DBA insurance is no longer a separate reimbursable cost on our requirements. Defense Base Act (DBA) insurance is required for all employees of contractors and subcontractors at every tier unless the Department of Labor (DOL) grants a written country waiver. On a fixed price contract, the DBA is not a separately reimbursable cost.

It is included in an offerors’ overhead/G&A/Indirect costs of their proposal.

Contractors shall obtain commercially available DBA insurance from a Department of Labor (DOL) authorized carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL has approved multiple insurance carriers which promotes a competitive market environment. Therefore, USACE contractors shall obtain commercially available DBA insurance from a DOL authorized carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

Inquiry ID – 10227019: What is the Currency used to price the bid and pay the contractor?

Response: Please refer to Section 00 21 16 Clauses Incorporated by Reference, FAR 52.214-35 – Submission of Offers in U.S. Currency.

Inquiry ID – 10227021: Please advise if the existing facilities were unoccupied prior to construction.

Response: Currently the buildings to be renovated are occupied / in use but will be vacated during construction.

Inquiry ID – 10227022: Standard Form 1442 Page 25, Evaluation Criteria . According to Section 2.ii, "Reflect a total project duration of two hundred forty (240) calendar days." We are aware that the PoP is 180 c.d. according to SF1442. Please advise.

Response: Please refer to response provided in Inquiry ID 10200976.

Inquiry ID – 10227024: In the Standard Form 1442, Page 27, FACTOR 4, PRICE, Submission Requirements. "Attachment 22 Proposal Schedule and Cost Breakdown Sheet" which needs to be completed and submitted along with Price proposal is missing.

Response: Please refer to the response provided in Inquiry ID 10197498.

Inquiry ID - 10227026: Please inform us when the Government will answer bidders' questions on Projnet.

Response: Solicitation W5J9JE23R0008, Amendment 0002, posted on April 25, 2023, answered the bidders’ inquiries.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 03-May-2023 12:01 AM to 13-May-2023 12:01 PM.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

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 May 13, 2023 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.

SECTION 00 22 16 - SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

The following have been modified:

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 (1) project that includes repair or renovation construction on a minimum of 300SM and (2) 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…