Request for Proposal W91238- 12-R-0001.pdf

Design-Build (2-Phase) of a Life Science Test Facility (LSTF) Building Addition, Dugw ay Proving Grounds, Utah. This project is a Design-Build of a 41,200 SF permanent addition to the existing Life Sciences Test Facility (LSTF) building. Project w ill house test research, design, analysis and report w riting area for scientists, an area for calibration, maintenance and repair of sensitive laboratory instruments, an autoclave w ith supporting equipment, ten Bio-Safety Level 2 (BSL2), f ive BSL3 labs and one additional BSL3 Aerosol Chamber. The existing building w ill be renovated so that access to the new addition is through the existing LSTF.

This is a Full and Open (Unrestricted) Acquisition.

Estimated Cost Range is betw een $ 25,000,000 and $ 50,000,000.

CONNIE L NEWELL 916-557-5229

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

05-Jan-2012

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________900 calendar days after receiving aw ard, X 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.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ (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 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

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J ST

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

W91238-12-R-0001 110

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 at tached 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

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 VOL 1 Technical Specs

Div 01-49

636 05-JAN-2012

Attachment 2 VOL 2 Attachments Drawings Reports

1105 05-JAN-2012

Section 00 10 00 - Solicitation

SF1442 PAGES 3 & 4

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, _______________________, certify 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:

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.

PRICING SCHEDULE

CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY

TO PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS

SET FORTH IN THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

LINE ITEM UNIT OF TOTAL

NO. DESCRIPTION QUANTITY MEASURE PRICE_____

BASE (DESIGN)

0001 Life Science Test Facility Addition - Design

FFP

The Contractor shall furnish materials, labor, equipment, facilities and transportation necessary to design the Life Science Test Facility Addition within the 5-foot building line and in strict accordance with this contract and its attachments.

1 Lump Sum $________________

0002 Sitework, Utilities & Sewage Lagoon - Design

FFP

The Contractor shall furnish materials, labor, equipment, facilities and transportation necessary to design the sitework, utilities and sewage lagoon outside the 5-foot building line in strict accordance with this contract and its

0003 Comprehensive Interior Design - Design

FFP

The Contractor shall furnish materials, labor, equipment, facilities and transportation necessary to prepare a Comprehensive Interior Design(CID) package in strict accordance with this contract and its attachments.

1 Lump Sum $_______________

Sub-Total Design Price (CLINS 0001 THRU 0003) $_______________

BASE (CONSTRUCTION)

0004 Life Science Test Facility Addition - Construction

FFP

The Contractor shall furnish materials, labor, equipment, facilities and transportation necessary to construct the Life Science Test Facility Addition within the 5-foot building line and in strict accordance with this contract and its

0005 Sitework, Utilities & Sewage Lagoon - Construction

FFP

The Contractor shall furnish materials, labor, equipment, facilities and transportation necessary to construct the sitework, utilities and sewage lagoon outside the 5-foot building line in strict accordance with this contract and its

Sub-Total Construction Price (CLINS 0004 and 0005) $________________

Total BASE Price (CLINS 0001 THRU 0005) $________________

OPTION ITEM

1001 Provide all material, labor, and equipment to design, construct and install the Life Science Test

Facility Addition to the energy consumption savings of 50% below the consumption of a baseline building compared to ASHRAE Standard 90.1. Per Engineering and Construction Bulletin (ECB) No.2014-14, dated 28 June 2010, Item 3.

1 LUMP SUM $__________________

TOTAL PRICE (CLINS 0001 THRU 1001) $________________

** FINAL PRICING SCHEDULE WILL BE PROVIDED FOR PHASE 2 SUBMITTAL.

PRICING IS NOT AN OFFER SUBMITTAL FOR PHASE 1.

PRICING NOTES

Pricing is not required for Phase 1 offer submittal and will not be evaluated for Phase 1

1. Prices must be submitted on all individual items of this Pricing Schedule. Failure to do so may cause the proposal to be determined "unacceptable".

2. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Pricing Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the Pricing Schedule.

3. The offeror shall distribute his indirect costs (overhead, profit, bond, etc.) over all the items in the Pricing Schedule. The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted Pricing Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

4. Arithmetic Discrepancies - For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the Pricing Schedule as submitted by the offeror:

(a) Obviously misplaced decimal points will be corrected;

(b) Apparent errors in addition of lump-sum and extended prices will be corrected.

5. The successful offeror grants the options listed in the Pricing Schedule to the Government. The options may be exercised up to 90 calendar days after receipt of notice to proceed.

Exercise of the option occurs upon mailing of written notice to the Contractor. Exercise will be made by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item. No additional time for contract completion will be allowed when an option is exercised. The given contract completion time was formulated to include time necessary to perform all option work.

6. The target ceiling for contract award for design and construction is $28,192,000.00 (MILCON) based on the funds made available for this project. The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this ceiling.

7. This requirement is included or provided for in the financial plan for fiscal year 2012. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available. The accounting classification will be 212 2050. This statement is not a commitment of funds. The subject project is considered a high priority in that there is a high probability that the requirement will not be cancelled.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Act Requirement - Construction

Materials Under Trade Agreements

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. [Contracting Officer check appropriate box.]

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm, fixed price construction contract resulting from this solicitation.

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

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) – ALTERNATE I (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) A site visit as been scheduled for Wednesday, 14 March 2012 at 10:00 am (Mountain Local Time)

Attendees to the site visit will be required to provide the following information at the Dugway Proving Ground (DPG) main gate:

Company Name, Address, Phone Number American Citizen - Yes/No ** Drivers License Vehicle Registration or Rental Car Information

Attendees are to arrive in sufficient time to process the DPG access paperwork in order for the site visit to begin promptly at 10:00 am.

** Non-American visitors will be required to provide name, passport number or Alien Registration Number, Social Security Number (if any), date and place of birth and country of citizenship.

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)

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 00 21 16 - Instructions to Proposers

INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND OFFERORS

(RFPS):

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00 45 00).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

--Any other documents required by the solicitation (see Attachments and/or Section 00 22 10 and 00 22 20 for competitive RFPs).

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 : W91238-12-R-0001 The Bidder Inquiry Key is: WA77E4-LP76K3

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: Connie L Newell

FAX: (916) 557-5278

E-MAIL:

Connie.L.Newell@usace.army.mil AND Carol.A.Dones@usace.army.mil

DIRECTIONS FOR SUBMITTING OFFERS:

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

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-12-R-0001 Closing Date: 6 February 2012 Closing Time: 3:00 PM Local Time (Pacific)

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 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.

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.

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

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Section 00 22 20 Pre-Award Survey). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Preaward Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

In order to be determined to be responsible a prospective contractor must:

a. Have adequate financial resources to perform the contract or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

c. Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards.

A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in subparagraphs a, e, and f above) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

The Preaward Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this Section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents. DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

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

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 BIDS/OFFERS:

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

PREPARATION OF SUBCONTRACTING PLAN:

(a) See FAR 52.219-9, Section 00700, of this solicitation.

Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1,500,000; they are not required from small business firms regardless of the contract price.

(b) For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD.

(c) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(d) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 50.0%

Small Disadvantaged Businesses 17.0%

Women-Owned Small Businesses 18.0%

HUBZone Small Business 10.0%

Veteran-Owned Small Business 8.5%

Service Disabled Veteran Owned Small Business 4.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL CONTRACT AMOUNT.

PERFORMANCE AND PAYMENT BONDS:

The bidder/offeror whose bid/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:

Bidders/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. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, 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. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. 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:

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.

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 10

PROPOSAL BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

PHASE I INSTRUCTIONS AND EVALUATIONS,

AND CONTRACT AWARD

1. OVERVIEW

a. This is a "Best Value" solicitation for the construction of a Design-Build Life Science Test Facility Addition at Dugway Proving Grounds, Utah.. The Contracting Officer will award a firm fixed-price 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.

b. This is a two-phase design-build selection process acquisition requiring two separate proposal submittals, a phase-one (non-price technical volume) proposal and a phase-two (price and technical volumes) proposal. Phase-one will consist of an evaluation of only non-price factors which include Organization and Technical Approach, Experience and Capability, and Past Performance of the offeror. Then at least three (3), but no more than five (5) of the most highly qualified offerors in phase-one will be offered the opportunity to submit a proposal under phase-two. Phase-two will consist of an evaluation of price and non-price factors which include Technical Solution, Management Approach, Key Personnel and Socio-Economic Considerations.

c. The Government does not intend to conduct discussions during phase-one, nor request revised phase-one proposals. The Government reserves the right to conduct phase-one 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 include the offeror in the shortlist for phase-two.

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.

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-price”) 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 price, when combined, are significantly more important than 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 to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it reflects a clear understanding of the requirements; and is consistent with the offeror’s Technical Proposal. Additionally, all offers may be analyzed for unbalanced pricing.

b. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will be applied. The Price Evaluation Adjustment for Small Disadvantaged Businesses will not apply to this procurement as it is currently suspended for Department of Defense.

c. 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; the offeror’s pre-award survey information; and the offeror’s small business subcontracting plan). 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, Noncompliance with bid guarantee requirements; and 52.219-9, ALT II, Small Business Subcontracting Plan.

d. The funds anticipated to be made available for award of the MILCON- and/or Equipment- funded contract line items have been identified in the Notes to the Pricing Schedule in Section 00 10 00. The Government may consider the availability of funds for contract award in determining which proposal offers the best value to the Government.

If an offeror’s proposed price(s) exceeds the funds made available for any item or group of items on the pricing schedule (excluding option line items, if applicable), that offer may be ineligible for contract award, notwithstanding the reasonableness of the total proposed price for all of the line items on the pricing schedule

The offerors are reminded that the Contract award shall not exceed the cost limitation described in Section 00 10 00 for this project. The intent of this solicitation is to obtain the best proposal within the cost limitation. There is no obligation to approach or match the cost limitation in the offer.

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 the submission requirements in Sections 00 22 10 and 00 22 20, 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 for all technical factors other than past performance. The Past Performance factor will be evaluated by the Government and a relevancy and confidence level 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 Sections 00 22 10 and 00 22 20. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Phase-One Proposal. (Section 00 22 10)

(1) Factor 1: Organization and Technical Approach

(2) Factor 2: Experience and Capability

(3) Factor 3: Past Performance

Phase-Two Proposal. (Section 00 22 20)

(1) Factor 4: Technical Solution

(2) Factor 5: Key Personnel

(3) Factor 6: Management Approach

(4) Factor 7: Socio-Economic Considerations

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 – Organization and Technical Approach is the most heavily weighted factor.

Factor 2 – Experience and Capability is weighted less than Factor 1.

Factor 3 – Past Performance. Both Factors 2 and 3 are of approximately equal importance.

Factor 4 – Technical Solution, Both Factors 1 and 4 are of approximately equal importance.

Factor 5 – Key Personnel is weighted less than Factors 2 and 3.

Factor 6 – Management Approach is weighted less than Factor 5.

Factor 7 – Socio-Economic Considerations 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 key 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 Government 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 may be strictly adhered to and enforced by the Government. The Government may 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 (e.g. key subcontractor), 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 Government, 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.

h. Failure of a proposed team member such as a key subcontractor to furnish authorization for the Government to disclose and discuss its past performance with the offeror will not be considered a proposal deficiency. However, the Government will not be able to disclose to the offeror any details pertaining to their performance problems.

i. Past Performance Evaluation. The past performance evaluation results in an assessment of the offeror’s probability of meeting the solicitation requirements The past performance evaluation considers each offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. One performance confidence assessment rating is assigned for each offeror after evaluating the offeror's recent past performance, focusing on performance that is relevant to the contract requirements.

There are two aspects to the past performance evaluation. The first is to evaluate the offeror’s past performance to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The Government will review this past performance information and determine the quality and usefulness as it applies to performance confidence assessment.

1. Past Performance Relevancy Ratings

RATING DESCRIPTION

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

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

Somewhat Relevant

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

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

2. Past Performance Confidence Assessments - In conducting a performance confidence assessment, each offeror shall be assigned one of the ratings in the table below:

Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence

Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

j. Technical/Risk Rating for other than past performance.

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses.

Risk of unsuccessful performance is low.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is no worse than moderate.

Marginal

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths.

Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies.

Proposal is unawardable.

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS FOR A TWO-PHASE DESIGN-

BUILD PROPOSAL

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.

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…