W91238-10-R-0035.pdf

W62N6M7777788888

Single Award Indefinite Delivery/Indefinite Quantity (IDIQ) contracts supporting the Corps of Engineers South Pacific Division mission for use primarily for areas around and including DDJC Tracy / Sharpe, Camp Parks and Military Ocean Terminal Concord (MOTCO), California. The work is primarily electrical (including new work, additions, alterations, maintenance and repairs) efforts.

The aggregate not-to-exceed amount of the IDIQ contract is $15 million or three years (whichever comes first). There are no option periods.

The North American Industry Classification System (NAICS) Code is 238210.

This project is being procured as a 100% Small Business Set Aside.

SAMANTHA E AHLE 916-557-5193

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

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

NEGOTIATED

08-Aug-2010

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance within _______ calendar days and complete it within ________ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________07 Sep 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is notrequired.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W91238-10-R-0035 79

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L2CTAGLT

Typewritten Text

XXXXX

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

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Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Task Order Price to Include G&A

FFP

Maximum of three years from date of award or aggregate task order value of $15,000,000 - whichever occurs first. Provide construction, alteration, and repair services in accordance with technical specifications and all attachments to include investigate and solve maintenance, repair and rehabilitation problems at government installations, facilities or municipalities, the Corps lakes projects and the Corps civil works projects. Services will be further defined and work accomplished by issuance of individual task orders. Task orders will be issued in accordance with technical specifications and all attachments, task order selection criteria and procedures, and the amount set forth in this pricing schedule. Includes __________% General and Administrative costs.

FOB: Destination

PURCHASE REQUEST NUMBER: W62N6M7777788888

MAX

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

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0001 N/A N/A N/A N/A

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specification Vol 1 739 06-AUG-2010 Attachment 2 Specification Vol 2 758 06-AUG-2010

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CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE MUST COMPLETE

THE FOLLOWING:

Company Name Signature Title Company Name Signature Title Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, cert ify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW. SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 20B HAS THE

AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature Name Signature Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON AUTHORIZED TO SIGN THE OFFER

IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON SIGNING FOR THE CORPORATION HAS THE

AUTHORITY TO BIND THE CORPORATION BY COMPLETING THE FOLLOWING CERTIFICATE:

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CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL DOING BUSINESS AS

_____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO BIND THE

PRINCIPAL.

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PRICING NOTES

1. The Contracting Officer who signs this contract will be the principal Contracting Officer of this contract. However, any Contracting Officer assigned to the Sacramento District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the principal Contracting Officer is unavailable.

2. The minimum guarantee for this contract is $2,000. This minimum guarantee is to be obligated upon award of the contract and will be satisfied with the issuance of the first task order.

3. Pursuant to the Miller Act, Performance and Payment Bonds shall be provided for all task orders awarded under this contract. The Notice to Proceed for each task order will not be issued until the Contractor provides sufficient bonding to cover the work being performed. Consent of Surety will be required for changes to the price of a particular Task Order, if required. Bonds shall be provided within 10 calendar days of award of a Task Order.

4. Application of Davis -Bacon Act (DBA) Provisions. Current Davis -Bacon (construction) wage rates that apply to the location where the work will be performed; therefore, will be provided with the Request for Proposal for each individual task order. Once the task order is awarded the wage rate will remain in force for the duration of the task order.

5. Application of Service Contract Act (SCA). Provisions on dismantling, demolition, or removal of improvements with no further work which will result in the construction, alteration, or repair of a public building or public work at that location is contemplated. Current SCA wage rages that apply to the location will be provided with the Request for Proposal for each individual task order. Once the task order is awarded the wage rate will remain in force for the duration of the task order.

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Section 00100 - Bidding Schedule/Instructions to Bidders

SECTION 00100 LOCAL PROVISIONS

SECTION 00100

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

INQUIRIES:

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is: W91238-10-R-0035 The Bidder Inquiry Key is: DBB48H-7ZKL5T

c. The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

g. The point of contact for this solicitation is:

Contract Specialist: Samantha Ahle Telephone: (916) 557-5193

E-MAIL: Samantha.E.Ahle@usace.army.mil , AND Gregory.L.Tom@usace.army.mil

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DIRECTIONS FOR SUBMITTING OFFERS:

Envelopes/packages containing offers must be sealed, marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-10-R-0035 Closing Date: 07 September 2010 Closing Time: 3:00 PM Local Time

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division 1325 J Street Sacramento CA 95814-2922

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

Hand-carried offers must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.

Due to security precautions, Offerors may no longer hand-carry their offers directly to Contracting Division. Offers may NOT be turned-in at the Security Desk or left unattended elsewhere in the Lobby. Additionally, you are advised that there is no longer public parking in the Building.

The contract specialist will be in the Building Lobby 20 minutes prior to the closing time to accept hand-carried offers. After announcing that no further offers will be received, the contract specialist will have the hand-carried offers x-rayed as a security precaution.

Offerors who desire to hand-deliver their offers at an earlier time must notify the contract specialist in advance in order to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (916) 557-5201, in order to request assistance.

Please ensure that all courier and delivery personnel are aware of these procedures.

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

a. The internet URL for Corps of Engineers publications is:

http://140.194.76.129/publications/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications. Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the Internet at the following location:

W91238-10-R-0035 9 of 78 https://kme.usace.army.mil/CoPs/Contracting/USACE%20Safety%20Manual%20%20EM%2038511%202008/Forms/A llItems.aspx or an alternate URL is http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx.

TELEGRAPHIC OFFERS:

TELEGRAPHIC OFFERS ARE NOT ACCEPTABLE.

However, offers may be modified or withdrawn by telegraphic notice. Any telegram to modify an offer sent to this office must be received in the office designated in the solicitation for receipt of offers not later than the exact date and time set for receipt of offers. A telegraphic modification of an offer received in such office by telephone from the receiving telegraph office not later than the exact date and time set for receipt of offers shall be considered. However, the telephone message shall be confirmed by the telegraph company by sending a copy of the written telegram that formed the basis for the telephone call. The written telegram shall be sealed in an envelope by a proper official and sent to the office designated in the solicitation for receipt of offers. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the solicitation number, and shall sign the envelope. The offeror is responsible to inform the telegraph company of these requirements. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason. An offer may be withdrawn by telegraphic notice received at any time prior to contract award.

FACSIMILE OFFERS:

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

PERFORMANCE AND PAYMENT BONDS:

The offeror whose offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

Offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. Failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

BID GUARANTEE FORM AND AMOUNT:

The offeror shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

ACCEPTANCE OF OFFERS:

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A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JAN 2006

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.236-28 Preparation of Proposals --Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND

ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a a Firm Fixed Price, Indefinite Delivery-Indefinite Quantity (IDIQ) construction contract resulting from this solicitation.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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(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

U.S. Army Corps of Engineers, Sacramento District ATTN: Contracting Officer, Room 878 1325 J Street Sacramento, California 95814

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

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

(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: To be determined per task order.

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/ Far/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

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Portions of this solicitation are altered as follows: N/A

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

SECTION 00111 BASIS & PRICE

SECTION 00111

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

1. OVERVIEW.

a. This is a "Best Value" construction solicitation primarily for electrical (including new work, additions, alterations, maintenance and repairs) efforts supporting the Corps of Engineers South Pacific Division mission primarily for areas around and including Defense Distribution Depot San Joaquin/Camp Parks/Military Ocean Terminal Concord, California. The Contracting Officer will award a firm fixed-price Single Award Indefinite Delivery Indefinite Quantity (IDIQ) contract to that responsible Offeror whom the Source Selection Authority determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price. The first Task Order utilized in the pricing proposal and task order technical approach will be awarded to this “Best Value” contractor.

b. The Government reserves the right to conduct discussions, if it deems such to be in its best interest. The Government may communicate with an offeror to afford it the opportunity to respond to adverse past performance evaluations obtained from references on which it has not previously had an opportunity to comment, if that information makes a difference in the Government’s decision whether or not to award to that offeror.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

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2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and technical (“non-cost”) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

All evaluation factors other than cost or price, when combined, are significantly more important than cost or price.

The Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price). The degree of importance of price could become greater depending upon the equality of the technical proposals. If competing technical proposals are determined to be essentially equal, price could become the controlling factor.

2.4. EVALUATION OF THE PRICE PROPOSAL

a. Price or cost to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The price proposal used for evaluation will consist of the proposed basic IDIQ CLIN 0001 G&A rate and the proposed Task Order price. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it is realistic for the work to be performed; reflects a clear understanding of the requirements; and is consistent with the offeror’s Technical Proposal. Additionally, all offers will be analyzed for unbalanced pricing.

b. Information required to be submitted in the Price Proposal volume in addition to the executed SF 1442 with acknowledgement of amendments and the completed pricing schedule will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, the offeror’s representations and certifications; the bid guarantee; and the offeror’s pre-award survey information. The Government may enter into exchanges with offerors about such information without it constituting discussions, subject to applicable FAR limitations, including FAR 15.306, Exchanges with offerors after receipt of proposals; FAR 28.101-4, and Noncompliance with bid guarantee requirements.

2.5. THE TECHNICAL EVALUATION FACTORS:

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below and further described in paragraph 5, and on how well the offeror has performed on related projects through the evaluation of the past performance information provided from references or obtained from other sources. Each of the evaluation factors will be evaluated by the Government and an adjectival rating and risk rating will be determined by consensus of the Government evaluation board.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions in paragraph 5. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Factor 1: Experience and Capability Factor 2: Past Performance Factor 3: Task Order Technical Approach

2.6. RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The Technical Evaluation Factors are listed below in descending order of importance, as follows:

Factor 1 – Experience and Capability is the most heavily weighted factor.

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Factor 2 – Past Performance is weighted less than Factor 1, and Factor 3 – Task Order Technical Approach is the least heavily weighted factor it is weighted significantly less than any other evaluation factor.

2.7. GENERAL TECHNICAL EVALUATION CRITERIA

a. The offeror’s conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. Lack of conformance could therefore result in a higher risk assessment, in addition to any other impacts on the evaluation. Material omission(s) may cause the technical proposal to be rejected as unacceptable. However, in accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals. For example, a failure by a proposed subcontractor to submit a properly executed letter of commitment may be considered as increasing risk, but will not be considered a proposal deficiency.

b. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be downgraded. The Government is under no obligation to search for information that is not in the specified location.

c. Proposals which are generic, vague, or lacking in detail may be downgraded. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The offeror’s failure to include information that the Go vernment has indicated should be included may result in the proposal being downgraded and/or being found deficient if inadequate detail is provided.

d. Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government. The Government will not evaluate any excess information resulting from the offeror’s failure to comply with the submission instructions. Examples: If an offeror were to submit three pages in response to an item with a two page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated. If an offeror were to submit a fold-out sheet (e.g. 11”x17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8-1/2 x 11 inch sheet would be evaluated. If an offeror were to submit three 8-1/2 x 11 inch pages in response to a one not-to-exceed 11 x 17 inch page limitation, only the information that could reasonably have been submitted on one 11 x 17 inch sheet would be evaluated. If an offeror submitted alternates that were not requested, the information will not be evaluated.

e. The degree of risk to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor.

f. A “deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

“Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance. A “significant weakness” is a proposal flaw that appreciably increases the risk of unsuccessful contract performance. The Government cannot accept an offer with a deficiency in its technical proposal. The term “acceptable” is therefore used in this context to describe a technical proposal that does not contain a deficiency and thus could be accepted by the Go vernment, notwithstanding any weaknesses or significant weaknesses in the proposal.

g. The Government cannot make award based on a deficient offer. Therefore, a rating of “Unacceptable” under any factor will render the offer ineligible for award, unless the Government elects to enter into discussions with that offeror and all deficiencies are remedied in a revised proposal or as stated in paragraph 2.7.a. above.

h. Past Performance Adjectival ratings and Performance Risk - Performance risks are those risks associated with an offeror's likelihood of success in performing the solicitation's requirements as indicated by that offeror's record of current or past performance.

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Excellent Essentially no doubt exists that the offeror will successfully perform the required effort based on their performance record.

Risk Level: Very Low

Good Little doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Low

Adequate Some doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Moderate

Marginal Significant doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: High

Poor It is extremely doubtful that the offeror will successfully perform the required effort based on their performance record. Risk Level: Very High

Unknown The offeror has no relevant past performance upon which to base a meaningful performance risk prediction. By law, contractors with no relevant past performance history cannot be evaluated favorably or unfavorably. Risk Level: Unknown

i. Adjectival ratings and proposal risk for other than past performance.

ADJECTIVE

DEFINITION AND CRITERIA

Excellent

The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes numerous advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in outstanding performance. The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements. Risk Level: Very Low

Good

The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low

Acceptable

The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages. Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements. Risk Level: Moderate

Marginal

The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions are further considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High

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Susceptible to Being Made Acceptable

The proposal demonstrates an approach which, as initially proposed, cannot be rated Marginal because of error(s), omission(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal. These solutions are further considered to reflect high to very high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High to Very High

NOTE: A Susceptible rating cannot be a final rating. The final rating will either increase to a rating of Marginal or better or decrease to Unacceptable

Unacceptable

The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has numerous disadvantages of substance, and advantages which, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will not result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement.

Risk Level: Very High

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS.

3.1 GENERAL INSTRUCTIONS.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

Submit only the hard-copy paper documents and electronic files specifically authorized elsewhere in this section.

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted. Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal. Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” paper. Use at least 1 inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, unusual font styles such as script, or condensed fonts. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page; information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Proposal Binding.

The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceeded and that pages turn freely. Do not use spring clamps, spiral binding systems, or heat binding systems.

3.1.3 Conditioning of Offer.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal volumes. Inclusion of any standard company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the offer; see “Inquiries”, located in Section 00010, for points of contact. Notwithstanding the above, the offeror must clearly describe in the proposal cover sheet submitted with the price volume any exceptions, within the offer, to the contractual and/or technical terms and conditions of the solicitation.

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3.1.4 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

3.2 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSAL VOLUMES.

Each offeror must submit both a “price proposal” volume and a “technical proposal” volume. The price proposal includes the signed offer and the offeror’s proposed prices, as well as other “pro forma” requirements. The technical proposal includes all required information relating to the “non-cost” evaluation factors. The two volumes must be submitted as separate, physically distinct volumes. Both volumes must be received at the location shown in Block 8 of Standard Form 1442, not later than the date and time specified in Block 13 of Standard Form 1442. The information in the two volumes is evaluated separately and independently. Therefore, all information intended by the offeror to be evaluated as part of the price proposal must be submitted as part of the price proposal. All information intended by the offeror to be evaluated as part of the technical proposal must be submitted as part of the technical proposal.

Do not merely cross-reference similar material between the technical and price proposals. Information in the price proposal will not be considered in the technical evaluation, and vice versa.

3.2.1 Marking of Proposal Volumes.

Mark each volume as either the “Price Proposal” or the “Technical Proposal”. Additionally, mark the outside front cover of each volume with the project title and location, solicitation number, name and address of the offeror, and volume copy number. (Markings which identify the offeror are not desired on either the back cover or on the spline/binding.)

3.2.2 Tabbing of Proposal Volumes.

Offers are to be formatted and tabbed in accordance with the instructions that follow for each proposal volume.

3.2.3 Table of Contents.

Include a table of contents for each proposal volume.

4 PRICE PROPOSAL VOLUME.

4.1 NUMBER OF SETS OF THE PRICE PROPOSAL.

Submit the original (no copies) of the price proposal volume.

4.2 FORMAT, CONTENTS, AND LIST OF TABS FOR THE PRICE PROPOSAL.

Use only 8-1/2” x 11” pages. There are no page limits for the price proposal; however, limit responses to required information. Excess information will not be evaluated. Organize your price proposal as indicated below. If a tab is not applicable to your proposal, omit that tab but do not renumber the subsequent tabs.

PRICE PROPOSAL VOLUME

TAB CONTENTS OF THE PRICE PROPOSAL

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1 Proposal Cover Sheet

2 SF 1442; Acknowledgement of Amendments; Joint Venture Agreement

3 Pricing Schedule

4 Work Breakdown Structure

5 Representations, Certifications, and Other Statements of Offerors

6 Bid Guarantee

7 Pre-Award Survey Information

4.3 DETAILED SUBMISSION REQUIREMENTS FOR THE PRICE PROPOSAL.

Tab 1 of the Price Proposal: Proposal Cover Sheet.

The proposal cover sheet is required by FAR 52.215-1 (c)(2). This provision, titled “Instructions to Offerors – Competitive Acquisition” is provided in full text in Section 00 21 00. The format and content for the proposal cover sheet follows:

PROPOSAL COVER SHEET

1. Solicitation Number:

2. The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available):

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

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

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

(End of Proposal Cover Sheet)

Tab 2 of the Price Proposal: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement.

The Standard Form (SF) 1442 with continuation pages must be completed by the offeror and duly executed with an original signature by the official(s) identified in the proposal cover sheet as authorized to bind the offeror in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the offeror’s DUNS number in block 14 of the SF 1442, along with the offeror’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 30, Amendment. If the offeror is a Joint Venture (JV), include a copy of the JV agreement and indicate its status. (Note: Please use a document protector in lieu of punching holes in the original SF 1442.)

Tab 3 of the Price Proposal: Pricing Schedule.

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Submit the completed Pricing Schedule (Section 00010) with the offeror’s proposed G&A rate inserted in the appropriate space and the Task Order pricing. The proposed G&A rate shall not include unallowable expenses, FAR Part 31 and DFAR Part 231. Prices must be proposed for all contract line items. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission. Any qualification of pricing may render the proposal unacceptable and therefore not eligible for award. (Note: Please use document protectors in lieu of punching holes in the completed “original” pricing schedule.)

Tab 4 of the Price Proposal: Work Breakdown Structure.

Submit a Work Breakdown Structure of the offeror’s proposed Task Order total prices using the format below, in accordance with UFC 03-700-02A

01 SUBSTRUCTURE 11 ELECTRIC POWER AND LIGHTING

02 SUPERSTRUCTURE 12 ELECTRICAL SYSTEMS

03 EXTERIOR CLOSURE 13 EQUIPMENT

04 ROOFING 14 FURNISHINGS

05 INTERIOR CONSTRUCTION 15 SPECIAL CONSTRUCTION

06 INTERIOR FINISHES 16 SELECTIVE BUILDING DEMOLITION

07 CONVEYING SYSTEMS 17 SITE PREPARATION

08 PLUMBING 18 SITE IMPROVEMENTS

09 HVAC M2 19 SITE CIVIL/MECHANICAL UTILITIES

10 FIRE PROTECTION SYSTEMS 20 SITE ELECTRICAL UTILITIES

Tab 5 of the Price Proposal: Representations, Certifications, and Other Statements of Offerors.

The offeror must have electronically completed the annual representations and certifications on the “Online Representations and Certifications Application” (ORCA) website in accordance with FAR 52.204-8 (provided in full text in Section 00600. The offeror is responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete. Additionally, the offeror must also complete and return the “Representations, Certifications, and Other Statements of Offerors” included in Section 00600 of the solicitation. If the offeror is a Joint Venture, all participants must separately complete both the ORCA Representations and Certifications and Section 00600.

Tab 6 of the Price Proposal: Bid Guarantee.

All offerors must submit a bid guarantee for the Task Order amount, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 52.228-1 and FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.

Tab 7 of the Price Proposal: Pre-Award Survey Information.

a. The contracting officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the Federal Acquisition Regulation (FAR) and its supplements. The contracting officer must have sufficient information available to determine that a prospective contractor meets these minimum standards. Therefore, the offeror is requested to provide the pre-award survey information described below with its price proposal:

(1) The completed Construction Contractor Data Form with Supplemental Schedules A-C (see format which follows).

If the offeror is a large multi-segmented business concerns, the data provided on the supplemental schedules may be limited to information that directly pertains to the specific segment of the business concern (i.e., the division, group, unit, etc.) proposed to perform work under the prospective contract with its own work force. If the offer is being submitted by a Joint Venture, submit a separate form for each Joint Venture participant. The offeror may submit pre-

W91238-10-R-0035 20 of 78 award survey information in another format, provided that the information furnished is substantially the same…