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W9126G-08-R-0136 Am #0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

CHANGE TO PROPOSAL RECEIPT DUE DATE

1. Standard Form 1442: The due date for Receipt of Phase 2 Proposals is "15 August 2008, 2 p.m. local time."

NOTE: A revised Standard Form 1442 is issued with this amendment.

CHANGES TO DOCUMENTS 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

2. Replacement Sections: Replace the following sections with the accompanying new sections of the same number and title, bearing the notation "ACCOMPANYING AMENDMENT NO. 0004 TO SOLICITATION NO.

W9126G-08-R-0136."

SECTION 00 21 00 PROPOSAL SUBMISSION INSTRUCTIONS, CONDITIONS, NOTICE TO

OFFERORS, BASIS OF AWARD, AND LOCAL INSTRUCTIONS

SECTION 00 22 10 PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

SECTION 00 73 46 WAGE DETERMINATION SCHEDULE

End of Summary of Changes

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

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 .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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 is, is not required.

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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

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

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

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. (Insert any number equal or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT 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) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24.SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and

(c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

BY

ACCOMPANYING AMENDMENT NO. 0004 TO SOLICITATION NO. W9126G-08-R-0136

Consolidated Family Care – Troop Medical Clinic Fort Bliss, Texas

W9126G-08-R-0136 Section 00 21 00-1

SECTION 00 21 00

(Amendment No. 0004)

PROPOSAL SUBMISSION INSTRUCTIONS, CONDITIONS,

NOTICE TO OFFERORS, BASIS OF AWARD, AND LOCAL INSTRUCTIONS

CONSOLIDATED FAMILY CARE – TROOP MEDICAL CLINIC

FORT BLISS, TEXAS

PERFORMANCE PRICE TRADE-OFF

1. PROPOSAL OVERVIEW. This Request for Proposal, (RFP), solicits a (AM#2) 144,000 130,00 square foot Design/Build, Two-Step RFP process for a Consolidated Family Care – Troop Medical Clinic at Fort Bliss, Texas. The purpose of the Source Selection plan is to establish a uniform evaluation procedure for the technical evaluation of proposals by the Source Selection Evaluation Board (SSEB) and the development of the Best Value Decision by the Source Selection Authority (SSA) using the Trade-Off Process, (See Federal Acquisition Regulation 15.101-1). In as much as the proposal shall describe the capability of the Offeror to perform any resulting contract, the proposal should be specific and complete in every detail.

The proposal should be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the contract. The proposal should be practical, legible, clear, and coherent. Local Instructions, including Federal Acquisition Regulation (FAR) Provisions are annotated at the end of this section.

1.1 Proposal Submissions and the Trade-Off Process. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Offerors submit their past performance and capability information for review and consideration by the Government. Relative weights among technical factors are provided for each Step in sections 00 22 10 and 00 22 20. The SSEB reviews, evaluates, and rates the proposals against the source selection criteria in the RFP. Concurrently, the Government analyzes price proposals of Offerors. Price will not be rated, but will be a factor in establishing the competitive range prior to discussions (if held) and in making the final best value determination for award. The SSA compares proposals to one another and determines the best value for the government. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented.

2. PROPOSAL SUBMISSION INSTRUCTIONS

2.1 Who May Submit. Any legally organized Offeror may submit a proposal.

2.2 Where to Submit. Offerors shall submit their proposals to the Fort Worth District at the address shown in Block 7 of the Standard Form 1442.

2.3 Submission Deadline. Proposals shall be received by the Fort Worth District no later than the time and date specified in Block 13 of Standard Form 1442.

2.4 General Requirements.

2.4.1 In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section. The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

W9126G-08-R-0136 Section 00 21 00-2

2.4.2 Tabs. Proposal shall be organized and tabbed as shown in Sections 00 22 10 and 00 22 20 - Submission Format.

2.4.3 Size of Printed Matter Submissions.

2.4.3.1 Written proposal materials shall be submitted in standard three ring loose-leaf binders. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Font size shall not be less than 10 point. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal; however, if drawings, charts, or other graphics are submitted, sheets no larger than 11 inches x 17 inches and folded to 8-1/2 inches x 11 inches shall be used. 11 x 17 inch sheets will be counted as 4 single-sided or 2 double-sided pages. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror must comply with any page limitations contained in either phase applicable sections. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

2.4.3.2 The proposals shall contain a detailed table of contents. If more than one binder is used, the complete table of contents shall be included in each. A cover sheet identifying the Offeror (name, address, point of contact) project description, and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration. The Government will not evaluate any information beyond the page limitation noted.

2.4.3.3 Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Items for Negotiation or clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies (e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be required, and shall be a different color than the original pages they are to replace.

2.4.4 Number of Copies. Offerors shall submit an original and seven (7) hard copies of Volume I and II and two (2) hard copies of Volume III of their Proposal in both hard copy and electronic format. Within three (3) days of contract award, the awardee shall submit both volumes, updated to include all revisions, in electronic format on a CD-ROM.

2.5 Submission Format.

2.5.1 The Proposal will be tabbed and submitted in a three ring binders in the following format:

VOLUME I – Phase One – See Section 00 22 10.

VOLUME II – Phase Two – See Section 00 22 20.

VOLUME III – Price and Pro Forma Information – See Section 00 22 20.

3 RATING ADJECTIVES FOR BOTH PHASES:

3.1(AM#4) Outstanding Excellent: Proposal demonstrates excellent understanding of the requirements and approach that significantly exceeds performance or capability standards. Has exceptional strengths that will significantly benefit the Government.

3.2 Good: Proposal demonstrates a good understanding of requirements and approach that exceeds performance or capability standards. Has one or more strengths that will benefit the Government.

3.3 Satisfactory: Proposal demonstrates acceptable understanding of the requirements and approach that meets performance or capability standards. Acceptable solution.

3.4 Marginal: Proposal demonstrates shallow understanding of requirements and approach that only marginally meets performance or capability standards necessary for minimal, but acceptable contract performance.

W9126G-08-R-0136 Section 00 21 00-3

3.5 Unsatisfactory: Proposal fails to meet performance or capability standards. Requirements can only be met with major changes to the proposal.

4.1 PROPOSAL RISK ASSESSMENT (Applicable only to Phase One proposals):

4.1.1 Unknown Risk: No relevant performance record is identifiable upon which to base a meaningful performance risk prediction. A search was unable to identify any relevant past performance information for the Offeror or key team members/subcontractors. This is neither a negative or positive assessment.

4.1.2 Low Risk: Based on the Offeror's past performance record essentially no doubt exists that the Offeror will successfully perform the required effort.

4.1.3 Moderate Risk: Based on the Offeror's past performance record some doubt exists that the Offeror will successfully perform the required effort.

4.1.4 High Risk: Based on the Offeror's past performance record extreme doubt exists that the Offeror will successfully perform the required effort.

4.2 PROPOSAL RISK ASSESSMENT (Applicable only to Phase Two proposals):

4.2.1 Low Risk: Any proposal weaknesses have little potential to cause disruption of schedule, increase in cost, or degradation of performance. Normal contractor effort and normal Government monitoring will probably minimize any difficulties.

4.2.2 Moderate Risk: Approach has weaknesses that can potentially cause some disruption of schedule, increase in cost, or degradation of performance. However, special contractor emphasis and close Government monitoring will probably minimize difficulties.

4.2.3 High Risk: Approach has weaknesses that have the potential to cause serious disruption of schedule, increase in cost, or degradation of performance even with special contractor emphasis and close Government monitoring.

5. TECHNICAL EVALUATION WEIGHTS

5.1 Relative Importance Definition. For the purpose of this evaluation, the following terms will be used to establish the relative importance of the technical factors.

• 1st: The criterion is most important.

• 2nd: The criterion has a relative importance of being lesser important than 1st but more important than 3rd.

• 3rd: The criterion has a relative importance being less important than 2nd but more important than 4th.

• 4th: The criterion has a relative importance of the least important.

• Equal: The criterion is the same as another criterion.

5.2 All evaluation factors, other than price, when combined, are considered significantly more important than price.

However, offerors are reminded that the Contract Award shall not exceed the cost limitation of (AM#2) $42,897,830.00 $36,432,000.00 !

W9126G-08-R-0136 Section 00 21 00-4

5.3 Weight among technical factors are listed in a descending order of importance per the applicable phase sections.

6. PRICE.

6.1 The Government will perform a price analysis on all proposals received. Price analysis will be performed in accordance with FAR 15.404-1, to determine completeness, reasonableness, and understanding of the work. The evaluation will determine the adequacy of the offer in fulfilling the requirements of the proposal. Completeness addresses the extent to which the elements of the price proposal are consistent with the requirements of the RFP. Reasonableness will be established using historical price information, price competition information, the IGE, and any other pricing tools necessary.

6.2 Price will not be rated, but will be a factor in establishing the competitive range prior to discussions (if held) and in making the final best value determination for award.

7. EXCEPTIONS. Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in a determination to reject a proposal.

8. RESTRICTIONS. Failure to submit all the data in the format indicated in this solicitation may be cause for determining a proposal incomplete and, therefore, not considered for evaluation, and for subsequent award.

9. PROPOSAL EVALUATION.

9.1 Each member of the Government evaluation team (Source Selection Evaluation Board) will independently consider all information provided in the proposal. Worksheets are provided on the following pages, which the evaluators will use to review and rate the individual proposals.

9.2 Once these individual analyses are completed, the team will meet and determine a rating for each of the evaluation factors by consensus decision.

9.3 The evaluation team will document strengths (e.g., advantages), weaknesses (e.g., disadvantages), and other comments (e.g., deficiency and/or clarification) to support the rating for each factor, as well as the overall rating. Documentation and comments are required for all ratings.

9.4 This final overall rating, along with ratings on individual factors, will be provided to the Contracting Officer/Source Selection Authority for the best value decision.

10. BASIS FOR AWARD

10.1 Proposals must meet the criteria stated in the RFP in order to be eligible for award, to include responsiveness, technical acceptability and responsibility.

10.2 In order to determine which proposal represents the best overall value, the Government may compare proposals to one another. The Government will award a contract to the responsible Offeror whose technical submittal and price proposal contains the combination of those criteria described in this document offering the best overall value to the Government. Best value will be determined by a comparative assessment of proposals against all source selection criteria in this RFP.

10.3 As technical ratings and relative advantages and disadvantages become less distinct, differences in price between proposals are of increased importance in determining the most advantageous proposal. Conversely, as differences in price become less distinct, differences in rating and relative advantages and disadvantages between proposals are of increased

W9126G-08-R-0136 Section 00 21 00-5 importance to the determination. In the event that the technical and cost/price proposals become more equivalent for two or more large businesses, the subcontracting plan will become more significant and may become the determining factor for award.

10.4 The Government reserves the right to accept other than the lowest priced offer. The right is also reserved to reject any and all offers. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. If other than the lowest offer, it must be sufficiently more advantageous than the lowest offer to justify the payment of additional amounts. Any award price must be determined to be fair and reasonable.

10.5 Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interests of the Government.

10.6 The Government intends to award a contract without discussions based on initial proposals received; therefore, the proposals shall contain the offeror’s best terms from a cost and technical standpoint. However, the Government reserves the right to conduct discussions in accordance with FAR 52.215-1. Should discussions be necessary after evaluations, the Government will establish a competitive range of the offerors that are the most highly rated. The Government reserves the right to address any pertinent issues in the proposals.

W9126G-08-R-0136 Section 00 21 00-6

Phase 1

Individual Evaluator Proposal Evaluation Worksheet

RFP No.

Evaluator’s Name:

Offeror’s Name:

Evaluation Factor:

Factor 1 - Specialized Experience

Strengths: (Precede the strength with an (S) if it identifies a significant strength.)

Weaknesses: (Precede the weakness with an (S) if it identifies a significant weakness.)

Deficiencies: (List all areas where the contractor fails to meet minimum requirements of the solicitation)

Uncertainties: (Any aspect of the proposal for which the intent of the Offeror is unclear because there may be more than one way to interpret the offer.)

W9126G-08-R-0136 Section 00 21 00-7

Name:

Factor 2 - Past Performance

W9126G-08-R-0136 Section 00 21 00-8

Name:

Factor 3 – Organization and Technical Approach

W9126G-08-R-0136 Section 00 21 00-9

Phase 2

Name:

Factor 1 – Building Functional and Aesthetics

W9126G-08-R-0136 Section 00 21 00-10

Name:

Factor 2 – Quality of Building Systems and Materials

W9126G-08-R-0136 Section 00 21 00-11

Name:

Factor 3 – Site Design

W9126G-08-R-0136 Section 00 21 00-12

Name:

Factor 4 – Key Project Personnel Capabilities And Experience

W9126G-08-R-0136 Section 00 21 00-13

Name:

Factor 5 – Commissioning

W9126G-08-R-0136 Section 00 21 00-14

Name:

Factor 6 – Sustainability Requirements

W9126G-08-R-0136 Section 00 21 00-15

Name:

Factor 7 – Proposed Contract Duration and Summary Schedule

W9126G-08-R-0136 Section 00 21 00-16

Name:

Factor 8 – Subcontracting Plan

W9126G-08-R-0136 Section 00 21 00-17

Consensus Proposal Evaluation Worksheet

RFP No.

Evaluator’s Name:

Factor 1 - Specialized Experience

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column)

Rating Rationale:

(Include supporting rationale for the ratings.)

W9126G-08-R-0136 Section 00 21 00-18

W9126G-08-R-0136 Section 00 21 00-19

Name:

Factor 2 - Past Performance

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column)

Low Moderate High Unknown Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-20

W9126G-08-R-0136 Section 00 21 00-21

Name:

Factor 3 – Organization and Technical Approach

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column) Low Moderate High Unknown Factor Risk:

(Place X in Column) Rating

Weaknesses: (Precede the weakness with an (S) if it identifies a significant weakness.)

Deficiencies: (List all areas where the contractor fails to meet minimum requirements of the solicitation)

W9126G-08-R-0136 Section 00 21 00-22

Name:

Factor 1 – Building Functional and Aesthetics

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column)

Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-23

Name:

Factor 2 – Quality of Building Systems & Materials

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column)

Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-24

Name:

Factor 3 – Site Design

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column) Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-25

Name:

Factor 4 – Key Project Personnel Capabilities And Experience

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column) Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-26

Name:

Factor 5 – Commissioning

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

Low Moderate High Factor Risk:

Rating

W9126G-08-R-0136 Section 00 21 00-27

Name:

Factor 6 – Sustainability Requirements

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column) Low Moderate High Factor Risk:

(Place X in Column) Rating

Deficiencies: (List all areas where the contractor fails to meet minimum requirements of the solicitation)

Uncertainties: (Any aspect of the proposal for which the intent of the Offeror is unclear because there may be more than one way to interpret the offer.)

W9126G-08-R-0136 Section 00 21 00-28

Name:

Factor 7 – Proposed Contract Duration And Summary Schedule Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column) Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-29

Name:

Factor 8 – Subcontracting Plan

Outstanding Good Satisfactory Marginal Unsatisfactory Factor Rating:

(Place X in Column)

Low Moderate High Factor Risk:

(Place X in Column) Rating

W9126G-08-R-0136 Section 00 21 00-30

(AM#4) Phase 1

FINAL Proposal Evaluation Consensus Summary Rating Chart

Name:

Factor No.

Description Factor Weighting

Factor Rating

Risk or Go/No-Go

1 Specialized Experience Equal 2 Past Performance Equal 3 Organization & Technical

Approach Equal

Overall Phase 1 Rating

Comments:

W9126G-08-R-0136 Section 00 21 00-31

Proposal Evaluation

Consensus Summary Rating Chart

RFP No.

Evaluator’s Name:

Factor No.

Description Factor Weighting

Factor Rating

Risk or Go/No-Go

1 Building Functional and Aesthetics Most 2 Quality of Building Systems and

Materials Most

3 Site Design Most 4 Key Project Personnel Capabilities and

Experience Most

5 Commissioning Lesser 6 Sustainability Requirements Lesser 7 Proposed Contract Duration and

Summary Schedule Lesser

8 Subcontracting Plan Less

Overall Rating / Overall Risk

Comments:

W9126G-08-R-0136 Section 00 21 00-32

Items for Correction

Name:

W9126G-08-R-0136 Section 00 21 00-33

Items for Negotiation

Name:

W9126G-08-R-0136 Section 00 21 00-34

W9126G-08-R-0136 Section 00 21 00-35

Minority Opinion Report

Name:

W9126G-08-R-0136 Section 00 21 00-36

LOCAL INSTRUCTION

PROJECT INFORMATION

a. For technical information regarding plans and specifications contact Fort Worth District Office, Corps of Engineers, Fort

Worth, Texas, telephone, Ms. Shaleigh Daniel, (817) 886 – 1479 or email at:

Shaleigh.Daniel@usace.army.mil.

b. For information regarding bidding procedures or bonds, contact David M. Deleranko via telephone 817/886-1087 or via email: david.m.deleranko@usace.army.mil or visit Room 2A19, 819 Taylor Street, Fort Worth, Texas.

Collect calls not accepted.

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

GENERAL NOTICES

a. Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in Offers is prescribed in 18 USC 1001. (FAR 52.214-4)

b. The Affirmative Action Requirement of the Equal Opportunity Clause may apply to any contract resulting from this RFP.

c. This solicitation is a “Request for Proposal” and all references to “Bid”, “Bidder”, etc shall be construed to mean “offer”, “Proposal”, “Offeror, etc.

d. Offerors attention is directed to FAR Clause 52.204-7, Central Contractor Registration and DFARS 252.204-7004, Alternate “A”, Required Central Contractor Registration which require registration in the CCR database prior to award of a contract. These clauses are included in Section 00 72 00 via reference and can be found in the full text in Appendix “A”.

e. Offerors attention is directed to Section 00 45 00, Representations and Certifications. The offeror is required to create and maintain their representations and certifications in accordance with FAR Clause 52.204-8, ANNUAL REPRESENTATIONS AND CERTIFICATIONS. If this is the offerors first offer with the Fort Worth District, the offeror must complete FAR Provision 52.204-3, Taxpayer Identification Number in order to be eligible for award.

BIDDER INQUIRY AND PROPOSAL INFORMATION

a. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in

ProjNet at http://www.projnet.org/projnet.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, 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 inquiry.

3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

4. The Solicitation Number is : W9126G-08-R-0136 The Bidder Inquiry Key is: 2QMY4T-YU3A3H

W9126G-08-R-0136 Section 00 21 00-37

b. The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

d. 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.

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

FACSIMILE OFFERS

The fax number listed in the provision 52.215-5, Facsimile Proposals, is available for use by all bidders and offerors on a "first come, first served" basis and is, therefore, subject to heavy use for long periods of time. Accordingly, bidders/offerors are cautioned that "last minute" bids/offers may be received late due to heavy message traffic. The government assumes no responsibility for such late bids/offers.

For the purposes of this solicitation, Facsimile Offers for Original submission of proposals are NOT authorized. If during the course of the evaluation phase it is determined by the Contracting Officer to allow submission of facsimile documents, these specific documents will be identified at that time.

BID GUARANTEE

Reference the provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

OFFEROR’S QUALIFICATIONS

Pursuant to FAR 9.1, before an offer is considered for award, the offeror will be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

NOTICE REGARDING POTENTIAL EMPLOYMENT ON MILITARY INSTALLATION

If the work called for by this request for proposal is located on a military installation, offerors should check with post/base security to determine if potential employees will be allowed on the base/post to seek employment.

SMALL BUSINESS SUBCONTRACTING PLAN

a. This notice applies to Large Businesses only.

b. Reference FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN. The bidder/offeror shall take into consideration only those subcontracts that he/she will award when preparing the subcontracting plan required by the FAR.

c. The Contracting Officer will NOT make award under this solicitation without an APPROVED subcontracting plan.

d. To be approved, the plan must contain at a minimum, the eleven elements set forth in FAR 52.219-9, paragraph (d).

Pursuant to AFARS 19.705-4(d), your plan will be reviewed and scored in accordance with AFARS Appendix DD to ensure it clearly represents your firm's ability to carry out the terms and conditions set forth in the contract clauses.

AFARS Appendix DD (pages 199 - 205) may be accessed via the Internet at http://farsite.hill.af.mil/vfafar1.htm.

W9126G-08-R-0136 Section 00 21 00-38

e. Subcontracting Plan Floors. These are the minimum percentages of subcontracted dollars that will be approved. The current floors for Fiscal Year 2008 are as follows:

Small Business 70.0% Small Disadvantages Business 6.2% Women-Owned Small Business 7.0% HUBZone Small Business 9.8% Service Disabled Veteran-Owned Small Business 0.9% Veteran Owned Small Business 3.0%

f. Current copies of Standard Form 294 and 295 can be found at http://contacts.gsa.gov/webforms.nsf/(formslist)?openform&count=1000&category=Standard+Forms&expandview.

g. Contractors may post subcontracting opportunities at the Small Business Administration’s SubNet:

http://web.sba.gov/subnet/index.cfm.

AMENDMENTS TO THIS REQUEST FOR PROPOSALS (RFP)

All amendments to this RFP will be made through the use of the Internet. No additional media (CD ROMS, Floppy Disks, Faxes, or paper) will be provided unless the Government determines that it is necessary. Contractors may view/download this solicitation and all amendments from the Internet after solicitation issuance at the following Internet address:

https://ebs.swf.usace.army.mil/ebs/AdvertisedSolicitations.asp. All offerors are required to check the Ft. Worth District Contracting Division website daily to be notified of any changes to this solicitation.

ESTIMATED CONSTRUCTION COST

The estimated cost of the proposed construction is between $25,000,000.00 and $100,000,000.00

SPECIAL NOTICE CONCERNING INDIVIDUAL SURETIES

The Security interest, including pledged assets as set forth in the FAR 52.228-11, PLEDGES OF ASSETS, and executed Standard Form 28 entitled "AFFIDAVIT OF INDIVIDUAL SURETY" shall be furnished with the bond. Failure to provide with the bid bond a pledge of assets (security interest) in accordance with FAR 28.203-1 will result in rejection of a bid which is bonded by individual sureties.

PARTNERING

In order to accomplish this contract, the government is encouraging the formation of a cohesive partnership with the contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule. This partnership would be bilateral in make-up and participation would be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

PRINCIPAL CONTRACTING OFFICER

The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Fort Worth 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.

PERFORMANCE OF WORK BY CONTRACTOR

The successful bidder/offeror must furnish the Contracting Officer within 20 days after award the following: A description of the work which you intend to perform with your own organization, (ie. Earthwork, paving, brickwork and roofing), the percentage of the total work this represents and the estimated cost thereof.

W9126G-08-R-0136 Section 00 21 00-39

PROHIBITION ON EXPEDITING MILITARY CONSTRUCTION AT ADDITIONAL COSTS TO THE

GOVERNMENT

Bidders are warned that the Military Construction Codification Act prohibits the expenditure of appropriations to expedite the completion date of a military construction contract at additional costs to the Government. Bidders may not expedite the completion date of the construction contract through the use of overtime, double shifts, larger crews and similar efforts unless such measures are either required for normal construction efficiencies

FAR PROVISIONS

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.211-2 AVAILABILITY OF SPECIFICATIONS LISTED IN THE DoD INDEX OF SPECIFICATIONS AND STANDARDS (DoDISS) AND DESCRIPTIONS LISTED IN THE ACQUISITION MANANGEMENT SYSTEMS AND DATA REQUIREMENTS CONTROL LIST, DoD 5010.12-L. (JAN 2004)

Availability of Specifications Listed in the DoD Index of Specifications and Standards (DoDISS) and Descriptions Listed in the Acquisition Management Systems and Data Requirements Control List, DoD 5010.12-L (Dec 2003) Copies of specifications, standards, and data item descriptions cited in this solicitation may be obtained-

(a) From the ASSIST database via the Internet at http://assist.daps.dla.mil; or

(b) By submitting a request to the- Departmentof Defense Single Stock Point (DoDSSP) Building 4, Section D 700 Robbins Avenue Philadelphia, PA 19111-5094 Telephone (215) 697-2179 Facsimile (215) 697-1462.

W9126G-08-R-0136 Section 00 21 00-40

(End of provision)

52.211-6 BRAND NAME OR EQUAL (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (SEPT 1990)

Any contract awarded as a result of this solicitation will be DO rated order certified for national defense 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.

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004)

(a) Definitions. As used in this provision- "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

W9126G-08-R-0136 Section 00 21 00-41

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) 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;

(iv) 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; and

(v) 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.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if…