W901UZ22R0001.pdf

HEIDI L. SIGL 701-333-2226

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

NEGOTIATED

29-Mar-2022

(RFP)

(IFB)

X

CALL:

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

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

X

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 _______30 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time 29 Apr 222___. If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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 _______90 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

W901UZ USPFO FOR NORTH DAKOTA

W5ALXT NDARNG JFHQ

OUSPFO FOR NORTH DAKOTA

PO BOX 5511, FRAINE BARRACKS

BISMARCK ND 58506

W901UZ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

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

KKGA182013

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

FAX:TEL: TEL: FAX:

W901UZ22R0001 106

Construction Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for maintenance, repair, and construction services in support of National Guard activities in the state of North Dakota. These will be multi-disciplined contracts consisting of a five calendar year ordering period. The total of individual task orders placed against this contract shall not exceed $20M. This action is being solicited as a total small business set-aside. NAICS Codes: 236220 is applicable to this acquisition, $39.5M is the small business size standard. The Government’s intent is to award a minimum of two, no greater than a maximum of 8, contracts to offerors that are responsible and that submit proposals that are acceptable and reasonable. At the task order level, the contracting officer may set-aside an individual task order for other socio-economic programs. Persons intending on offering a proposal should attend the Pre-Proposal Conference. See Section 00 21 00 for location and date. This solicitation and all associated information, notices, and amendments w!ill be posted at SAM.gov. NOTE:

A bid bond w!ll be required for all future task orders that are estimated at $150,000 or greater. See FAR Provision 52.228-1 for details.

Seed Project Number: KKGA 182013 Project Title: Upgrade Upgrade B210 for Corrosion Control & Fuel Cell/Wpn Rlse Solicitation Number: ND11922R0002

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

W901UZ22R0001

Section 00 01 10 - Table of Contents

SECTION 00 01 10

TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00 01 10 - PRICING SCHEDULE, NOTES

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00 45 00 - REPRESENTATIONS & CERTIFICATIONS

SECTION 00 70 00 - CONTRACT CLAUSES

SECTION 00 73 00 - WAGE DETERMINATION(S)

EXHIBIT A - Performance Relevancy Questionnaire EXHIBIT B - Subcontractor Information and Consent Form EXHIBIT C - Reference Questionnaire package EXHIBIT D – Seed Project Upgrade B210 Corrosion Control & Fuel Cell/Wpns Release, KKGA182013

The following apply to this solicitation and resulting contract:

1. Task orders in the following location(s) are applicable to this contract: 119th Wing, Air National Guard, Fargo, North Dakota.

2. In addition to Task Orders issued on a small business set-aside basis Contractor is eligible to compete for Task Orders set-aside for: (to be completed by the Contracting Officer at time of award)

3. Contractor’s attention is invited to Division 01, Section 00 01 10, General Requirements. Important information on the Task Order process is contained therein. Offerors are encouraged to read this section in its entirety to reach a better understanding of the Multiple Award Task Order Process. The minimum guaranteed Task Order amount for the entire contract period is $2,000.00 per IDIQ contract awarded. See note No. 2.

4. The term “Contracting Officer” is applicable to this Solicitation and resulting contract(s).

5. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES. The term Bidding Schedule shall also be construed to mean Offer Schedule or Schedule. The terms “bid” and “offer” shall be construed as having the same meaning in this solicitation and resulting contract(s) and any future Task Orders.

6. Reference Contract Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual MATOC orders. A bid bond shall be required with all proposals submitted in response to a request for proposal that is estimated above $150,000.

7. The Government intends to execute Multiple Award Task Order Contracts (MATOC) with an Indefinite Delivery Indefinite Quantity. Contracts pursuant to this solicitation. Federally warranted Contracting Officers at any National Guard activities in the State of North Dakota may place Task Orders against resulting contracts. See Section 01 00 00 for additional information.

8. DO NOT insert prices in the CLINs provided immediately after the SF 1442. Instructions for the preparation and evaluation of proposals are located in Sections 00 21 00, 00 21 16 and 00 22 16.

End of Section 00 01 10

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Job

MATOC IDIQ - Construction FFP

FFP

Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction Task Order Contracts for the North Dakota Air National Guard.

MAXIMUM Contract Value for a Five Year Ordering Period is $20,000,000.

MAX QTY shown for administrative purposes only. Dollar values, types, set-aside, and locations applicable to this award are in Note 1 Section 00010.

FOB: Destination

PSC CD: Y1BZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 11-JUL-2022 TO

10-JUL-2027

N/A F7B3CE 119TH CES

JASON OLHEISER

119 WG / NDANG / CES

1400 32ND AVE N.

FARGO ND 58102-1051

701-451-2850 FOB: Destination

F7B3CE

Section 00 21 00 - Instructions

INSTRUCTIONS

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. INTRODUCTION

1.1. SCOPE: You are invited to submit a proposal in response to our Request for Proposal (RFP) entitled, “Construction MATOC Solicitation” for construction services for the 119th Wing, Air National Guard, Fargo, North Dakota. As a result of this solicitation, the Government intends that a minimum of two indefinite-delivery, indefinite-quantity, (IDIQ) Task Order Contracts will be awarded, provided sufficient qualified contractors present offers that propose reasonable prices. All awards will be to small business pursuant to a 100% small business set-aside. The contracting officer may set-aside task orders for SBA Certified 8(a) participants; Certified HUBZone Small Business Concerns, Small Business Service Disabled Veteran Owned Business and Women Owned Small Businesses Concerns provided 2 or more qualified contractors in each category present conforming offers and are awarded a MATOC.

1.1.1. Awards will be made to offerors whose proposals are in compliance and conforming to the RFP and are determined to be most advantageous to the Government in terms of Technical, Past Performance and Price.

1.1.2. Projects will be bid build type from already completed designs, and/or projects specified by a Statement of Work using the Master Specification. It should be noted that the majority of work under these contracts will be for sustainment, repair and maintenance (SRM) at or under the $1M dollar level.

1.1.3. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation. This is not a solicitation for a Requirements Contract.

1.2. PROJECT CATEGORIES: Work performed under these Multi-Discipline Contracts will generally be of, but are not limited to, the following general project categories:

1.2.1. Construction, repair and alteration of various facilities

1.2.2. Construction, repairs and alteration of Electrical Systems (ES)

1.2.3. Construction, repair and alteration of Mechanical Systems (e.g. HVAC systems, and controls)

1.2.4. Concrete and/or Asphalt Paving

1.3. CONTRACT DURATION, LIMITS AND AMOUNTS: Each of the resulting contracts will have a five year ordering period. The contract program ceiling amount will not exceed $20 million for all task orders awarded over the life of the MATOC program amongst all contracts awarded. The Minimum and Maximum values for a single Task Order are $2,000 and $5 million, respectively. The minimum guaranteed order for each contract is one

(1) task order valued at $2,000. At time of award of the basic contract, a task order for $2,000 will be issued. This task order will be deobligated when a construction task order is awarded. See Division 01, SPECIAL CONTRACT REQUIREMENTS, for details.

1.4. TASK ORDERS

1.4.1. As requirements develop, Task Orders will be competed among the MATOC awardees, or negotiated on a sole source basis as described in Division 01, SPECIAL CONTRACT REQUIREMENTS. These Special Contract Requirements describe the Task Order process in detail. Offerors are highly encouraged to read the Special Contract Requirements before submitting a proposal.

1.4.2. The basic contract will be administered, (e.g. issuing modifications), by the Contracting Office, USPFO, Bismarck, ND.

1.4.3. Individual Task Orders will be awarded and administered by federally appointed contracting officers, and may be issued by any Army or Air National Guard location in the State of North Dakota.

1.4.4. Construction performance requirements will be specified for each project in the Task Order Request for Proposal. MATOC Awardees will compete for Task Orders among themselves. The majority of all Task Orders shall be awarded based on competitive proposals received in response to the agency request for quotation.

1.5. NOTICE OF PRE-PROPOSAL CONFERENCE:

1.5.1. A pre-proposal conference will be conducted on 13 April 2022 at 11:30AM CST for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at BCE Classroom, Bldg 100, 119th Wing, Air National Guard, Fargo, ND. Interested Contractors are highly encouraged to attend the pre-proposal conference. The site visit for the Seed Project will be conducted after the pre-proposal conference.

1.5.2. Due to security conditions, all offerors must register to attend this conference. Email the following information for all attendees to 2d Lt Jeffrey Arel and Lt Col Jason Olheiser at the following addresses:

jeffrey.arel.1@us.af.mil and jason.olheiser.1@us.af.mil.

Firm Name and Telephone Number Visitor’s Name and last 4 digits of Social Security No.

Drivers License Citizenship

1.5.3. This information must be provided in advance, not later than 3 business days prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

1.5.4. You will be required to present the following information upon arrival: (1) Vehicle Registration,

(2) Valid Driver’s License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

1.5.5. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

1.5.6. A record of the conference shall be made and furnished to all prospective offerors via posting to the Contract Opportunities website at https://sam.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

1.6. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

1.6.1. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

1.6.2. The Contracting Officer reserves the right to address questions received after the fifth day prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing. All questions and requests for information (RFI) must be received to the Contracting Office NO LATER THAN COB 21

April 2022. Answers will be posted not later than two working days prior to closing. OFFERORS ARE

STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS.

1.6.3. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to beta.SAM.gov.

1.6.3.1. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

1.6.4. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Contract Opportunities website (SAM.gov). Interested bidders/offerors must register with SAM before accessing the system. SAM registration requires the following information:

1.6.4.1. To register for SAM go to: Sam.gov. You will need your DUNS number to register.

Instructions for registering are on the web page. Bidders/Offerors cannot log into the SAM home page and search for data unless you have an active account.

1.6.5. Submit request for information, by email to the contracting office at the address shown below.

REQUEST FOR INFORMATION- INQUIRY FORMAT

Subject Line: Reference No. W901UZ-22-R-0001 Email: heidi.l.sigl.civ@army.mil and scott.j.boespflug.civ@army.mil Date of Inquiry: _______________ From:

Company Name:

Address:

Phone Number: Email address:

Question: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document)

1.7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on SAM.gov.

1.7.1. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the latest information.

1.8. HAND CARRIED PROPOSALS/INVITATIONS:

1.8.1. A bid repository is provided for hand carried proposals and is located at 119th Wing, NDANG Base Contracting Office, 1Lt Brian Erdmann, 1400 32nd Ave. Room 117, Fargo, ND 58102. Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals.

1.8.2. Offerors are cautioned that approval to enter the base must be obtained prior to the closing date for receipt of proposals. Follow the procedures outlined in the instructions in the paragraph above titled “Notice of Pre Proposal Conference” for entry. Delays are probable at the entry point and should be accommodated for. Late receipt of proposals due to base entry delays may not be deemed excusable and the Contracting Officer may declare the proposal late and remove it from consideration.

1.9. WAGE DETERMINATION:

1.9.1. The Construction Wage Rate requirements is applicable to the seed project. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to closing date of this solicitation it is the offeror’s responsibility to ensure the most recent determination is used in preparing the proposal. An Amendment may not be issued prior to closing to change Wage Determination dates and/or numbers. Applicable wage rates can be found at: https://sam.gov. The Wage Determination applicable to the seed project is WD ND20220013 dated 25 February 2022.

1.10. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS: This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

1.11. REMOVAL OF SECTIONS AT TIME OF AWARD. Sections 00 21 00, 00 21 16, 00 22 16, 00 45 00 will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

1.12. DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8, the Government will retain one copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.

1.13. PROPOSAL ACCEPTABILITY: Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation.

1.14. CLARIFICATIONS: Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.

1.15. EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00 01 10 through 00 22 16) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation.

(The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award.

1.16. CLAUSES

1.16.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

1.16.2. Clauses and provisions in this document may not appear in consecutive order.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

DEC 2021

52.216-27 Single or Multiple Awards OCT 1995 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

North Dakota Air National Guard Base Civil Engineering 1400 32nd Avenue North Fargo, North Dakota 58102 701-451-2850 Lt Col Jason Olheiser

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3M, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

(1) Protest to the independent review authority shall be filed at:

Office of Chief Counsel ATTN: NGB Protest Decision Authority 1411 Jefferson Davis Highway Jefferson Plaza 1; Suite 11300 Arlington, VA 22202-3231

(2) Protest to the Contracting Officer shall be filed at:

USPFO for North Dakota, NDNG-PFO-PC, Bldg 50, Fraine Barracks, Bismarck, ND 58506-5511

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY

ELECTRONIC MAIL

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

Name: Lt Col Jason Olheiser Address: North Dakota Air National Guard, Base Civil Engineers Office, Hector IAP, Fargo, ND Telephone: 701-451-2850

Site visits will be scheduled on MATOC Offering letters for future task orders.

(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/

(End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None

Section 00 21 16 - Instructions to Proposers

SUBMISSION RQMTS

SECTION 00 21 16 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. PROPOSAL PREPARATION INSTRUCTIONS:

1.1. These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

1.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in the proposal being unacceptable to the Government and elimination from consideration for award. All solicitation amendments must be acknowledged in accordance with FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition.

2. PROPOSAL CONTENT:

2.1 Prospective offerors shall submit the proposal in two separate binders.

Submit Volume 1, Price proposal, pro forma documents, in one (1) original, three (3) hard copies, and one

(1) electronic copy on a CD in accordance with the instructions contained herein.

Submit Volume 2 in one (1) original, three (3) hard copies, and one (1) electronic copy on a CD in accordance with the instructions contained herein.

Volume 2, PART I - Technical Capability Proposal - limited to 10 double sided pages (20 single pages), exclusive of table of contents, tabs, and dividers. Resumes limited to 2 pages each.

Resumes and Gantt chart do not count toward the 20 page total. Pages in excess of the limit will not be evaluated.

Subfactor 1 – Experience and Capability Subfactor 2 – Organization and Key Personnel Subfactor 3 – Scheduling Methodology

Volume 2 – PART II - Past Performance Information

2.1.1. Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. In addition contractors shall submit a single copy of the following information in a sealed envelope with their name on the outside. This information is sought pursuant to FAR 9.105-1 and will be opened and utilized only if the contractor is selected for award.

Information will be used in determining the contractor responsible in accordance with FAR Part 9. If an award is not being offered the envelope will be filed unopened with the original proposal.

2.1.2. Documentation of adequate financial resources: Provide letters of reference from financial institutions(s) concerning credit worthiness and from bonding companies indicating capability to bond to, at a minimum, the price proposed.

2.1.3. Offerors are cautioned to carefully review the proposal requirements for these Volumes and ensure a complete proposal is submitted.

2.2. PROPOSAL DUE DATE SCHEDULE:

2.2.1. The entire proposal (Volumes 1 and 2 and the CD/DVD copy) are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442. Past performance references should provide questionnaire responses to the Contracting Officer not later than the closing date of the receipt of proposals.

2.3. After compiling all required information, submit original and specified number of copies to the following office:

119th Wing, NDANG Base Contracting Office 1Lt Brian Erdmann

1400 32nd Ave. Room 117 Fargo, ND 58102 or

USPFO for ND Heidi Sigl

Fraine Barracks Road, Bldg 050 Bismarck, ND 58501

Mark the front of the envelope/box with the following: “PROPOSAL NO. W901UZ22R0001, DO NOT OPEN –Competitive Acquisition.

2.4. PROPOSAL FORMAT:

2.4.1. Purpose: These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation.

2.4.2. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

2.4.3. Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all of the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

2.4.4. Written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (10 min.) with at least 1 inch margins on all sides. All pages of each proposal shall be appropriately numbered, and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required. Type size for graphics, charts, diagrams and tables shall be of an appropriate font and size for the application, and must be clearly readable without magnification assistance to the normal eye. Text lines will be no less than single-space. To the maximum extent practicable, proposal submission shall be double sided. Where page limits exist a page is defined as one single side of a page. Double sided pages count as 2 pages. Unless otherwise stated, tabs, indexes and dividers do not count in the page count.

2.4.5. Binding: Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. Three ring binders are preferred. The cover and spine of each binder will clearly identify the offeror’s name, Volume and Part number, RFP number, RFP title and copy number, (e.g. copy 2 of 3). The original for each volume will be clearly identified on the cover and the spine. All binders will allow for easy removal and replacement of pages.

2.4.6. Indexing: Each volume will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number and volume locations. Tab indexing will be used to identify sections as appropriate.

2.4.7. Electronic Copy: Provide one (1) electronic copy of all of the proposal information.

Electronic copies are to be submitted on DVD or CD-ROM saved in Microsoft Word or Adobe Acrobat format.

Data provided on a flash drive or any other USB read/write media are not acceptable.

2.4.8. The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected or removed from the competition.

3. PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals which do not include the requested minimum information may be eliminated from further consideration for award.

3.1. VOLUME 1, PRICE/COST INFORMATION AND PRO FORMA DOCUMENTS:

3.1.1. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00 22 16 of this solicitation.

The Government is not, and does not intend on, requesting certified cost or pricing data. Offerors may be required during the evaluation process to provided sufficient price/cost information that will enable the Government to perform a meaningful evaluation.

3.1.2. Provide an introductory page (Cover Letter) to include CAGE Code, DUNS Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, facsimile numbers, and email addresses. Also, include your business socioeconomic status, e.g. small business, woman-owned small business, HUBZone small business, etc.

3.1.3. Offer and Section 00 10 00 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. Area of Consideration is 119th Wing, Fargo, ND.

3.1.4. Representations and Certifications- Section 00 45 00 - insert the required certifications and representations and return only those shown in section 00 45 00. Return the entire Section 00 45 00 with your proposal. All other required representations and certifications are to be completed on line in the System for Award Management (SAM), https://sam.gov.

3.1.5. Seed Project Requirements: All offerors shall price the seed project for evaluation purposes.

Failure to provide a priced Exhibit D will be considered non-compliant with the solicitation requirements and grounds for elimination from consideration/evaluation. Provide a construction schedule in a Gantt chart that shows the complete project schedule for this task order project from notice to proceed, to include all construction activities as well as concurrent activities, and outline the critical path activities that will show successful execution of the construction project within the period of performance requirements outlined in this Exhibit. Period of performance for this seed project is 365 days. Also include a narrative discussing the scheduling processes and resource allocation that ensure completion and control of schedule progress from beginning to the end of the project.

3.1.5.1. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00 22 16 of this solicitation.

3.1.5.2. One copy in a sealed envelope of documentation of adequate financial resources: Provide letters of reference from financial institution(s) concerning credit worthiness and from bonding companies indicating capability to bond to the maximum task order value for this solicitation.

3.1.5.3. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database.

Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1).

Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration (IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

3.2. VOLUME 2, Part I, OFFEROR TECHNICAL CAPABILITY PROPOSAL

Volume 2, Part I is comprised of three (3) subfactors:

Subfactor 1 - Experience and Capability Subfactor 2 - Organization and Key Personnel Subfactor 3 - Scheduling Methodology

3.2.1. The Technical proposal shall be submitted in accordance with the instructions contained in the solicitation.

The Government acknowledges that the technical proposal will involve discussion of some of the same projects/contracts discussed in the Past Performance volume. While Past Performance examines how an offeror performed in the past, so as to determine the probability of success on future projects, this subfactor examines the offeror’s experience with complex multidiscipline project management and execution and how the offeror demonstrates an understanding of the contract’s requirements taking this experience into consideration. The Government intends to use Exhibit A Part 1 information in the evaluation of experience for Subfactor 1. A reiteration of the information provided in Exhibit A is neither required nor desired. Offeror should reference this information by providing a short summation of their relevant experience to meet the submission requirements of this subfactor.

3.2.2. In order for the Government to evaluate the offeror’s understanding of the contract requirements, offerors are required to discuss their technical and administrative capabilities in a manner that clearly demonstrates these are adequate to meet contract requirements. Offerors shall submit information related to each subfactor in a logical manner within the proposal. Be sure to “tab” each of the subfactors: Experience and Capability, Key Personnel, etc.

in a logical manner.

3.2.3. Offerors are cautioned to read FAR Clause 52.219-14, Limitations on Subcontracting. The contracts resulting from this solicitation are not intended for management firms or construction firms who self-perform only administrative or management functions.

3.2.4. Subfactor 1. Experience and Capability: The proposal discussion should address familiarity with construction in the North Dakota, relationships with local subcontractors, familiarity with issues pertaining to work in this/these area(s) including involvement of the local workforce. Demonstrate technical experience and capability to perform projects of similar magnitude and complexity as the Exhibit D task order project at the 119th Wing, Air National Guard, Fargo, North Dakota.

3.2.5. Subfactor 2. Organization and Key Personnel: Include an Organizational Chart listing company personnel and their roles. Include a narrative describing personnel to include their names, duties and level of responsibility for the following key personnel: Project Manager, Site Superintendent(s), Quality Control Manager and Safety Manager. State the lines of authority and duties such as overall project management, site superintendence, quality control, and safety. Provide resumes for each of the following key personnel: Project manager(s), site superintendent(s), quality control manager(s), and safety manager(s). The detailed background, education, and experience provided must meet any applicable experience qualifications included in the special contract requirements specifications. If proposed personnel are not currently on the offeror’s staff, letters of intent should be provided. Include a narrative describing the experienced key personnel’s ability to manage multi-disciplined construction projects, which is comparable to the work requirements of this solicitation. Refer to Section 01 00 00 Special MATOC Contract Requirements, paragraph 8 for minimum qualifications for these key personnel and requirements for substitution and dual roles.

3.2.6. Subfactor 3. Scheduling Methodology: Provide a construction schedule in a Gantt chart that shows the complete project schedule for the Exhibit D task order project from notice to proceed, to include all construction activities as well as concurrent activities, and outline the critical path activities that will show successful execution of the construction project within the period of performance requirements outlined in Exhibit D. Also include a narrative discussing the scheduling processes, resource allocation, list of potential impacts and corrective actions to ensure completion and control of schedule progress from beginning to the end of the project.

3.3. VOLUME 2, Part II, PAST PERFORMANCE INFORMATION:

3.3.1. Volume 2 Part II is obtained for the purpose of evaluating Past Performance. Past Performance includes current/on-going performance that is complete to 70% or greater. Volume 2 includes the offeror’s Performance Relevance Questionnaire, Exhibit A, Parts 1 and 2; and any discussion and or additional information, awards, letters, etc. concerning past performance the offeror includes. Offerors are cautioned to complete all the questions on the Exhibit A Parts 1 and part 2. Detailed instructions are included in Exhibit A.

3.3.2. Offerors shall use the Reference Package, Exhibit C, to obtain references from past and present clients.

3.3.3. Offerors shall discuss their performance using the Performance Relevancy Questionnaire format, Exhibit A, Part 1. Prepare a minimum of three (3) but not more than five (5) of these documents. Contractors should select their projects carefully because the quality of the contractor’s relevant performance is more important than the quantity of projects submitted.

3.3.4. Use the Exhibit A format to provide information that demonstrates a history of performance on contracts that are similar in scope, complexity, and cost magnitude to this project’s plans and specifications. Explain what aspects of the contract you find relevant to the proposed effort and identify how each contract ranks, in terms of relevancy, with respect to the other contracts addressed in proposal.

3.3.5. Offerors should consider the currency and relevancy of the past performance information to be considered, the performance must have been completed during the past five (5) years. The period begins five (5) years prior to the solicitation release date and includes current performance. Performance that is more current may have greater impact than older performance.

3.3.6. In determining relevancy to the solicitation requirement, offerors should consider the similarity of construction methods employed, size, scope, cost magnitude, location, client type (e.g. federal government) and complexity of work performed to those required for the proposed effort. Location should also be considered.

3.3.7. Offerors are encouraged to include with their proposal information any problems encountered on the identified contracts and the offeror's correction actions.

3.3.8. Offerors lacking relevant present/past performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. Such information shall, as a minimum, include:

Name(s) of Predecessor Company/Subcontractor and/or Key Personnel Complete Address Telephone, Fax Number and email address Brief synopsis of the experience- A resume may be submitted for "Key Personnel" Describe relevancy to this project

3.3.9. Provide three (3) references, for each Predecessor Company, Subcontractor or Key Personnel. Clearly identify the contractor/individual for whom the reference information concerns.

3.3.9.1. Each proposed subcontractor/Teaming Partner must also complete an Exhibit B, “Subcontractor/Team/Key Personnel Information and Consent Form”, to be considered.

3.3.10. Past Performance References – REQUIRED – A “Final” Performance Evaluation (Construction) (also referred to as a CPARS Evaluation) issued for a project may be included in lieu of sending out reference package for the project OR Offerors shall prepare and submit to prior client(s) of all the projects listed on your Exhibit A submission a Reference Package (Exhibit C) (Detailed instructions are included in Exhibit C Package). This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance, and the Past Performance Questionnaire for use in evaluating Present/Past Performance. Inform references that completed Performance Questionnaire should be returned to the Contracting Officer via email at:

heidi.l.sigl.civ@army.mil and scott.j.boespflug.civ@army.mil to arrive no later than the closing date for receipt of proposals. Offeror must not review the Present/Past Performance Questionnaire prior to submission. They are to be submitted by the client/evaluator directly to the Contracting Officer. Offeror's should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner.

3.3.11. In assessing past performance, the Government may also consider the past performance of the offeror’s key personnel, Project Manager, Quality Control Manager and Site Superintendent as it relates to previous projects.