A08_Solicitation_W9126G-12-R-0043-0001a.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) for SWD 8(a) Vertical Construction is hereby amended as follows:

See SF30 Continuation Sheet(s)

NOTES: 1) Proposal Receipt date is changed from 09 Oct 2012, 2:00 p.m., local time to 19 Oct 2012, 2:00 p.m. local time. 2) Offeror should acknowledge amendment by method “(b)” outlined in Box 11 of SF30, “by acknowledging receipt of this amendment on each copy of the offer submitted”

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 03-Oct-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9126G-12-R-0043

X 9B. DATED (SEE ITEM 11)

22-Aug-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Oct-2012

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-12-R-0043

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 11 00 - STANDARD FORM (SF) 1442 AND CLIN SCHEDULE

The offer guarantee has changed from is required to is not required.

The required response date/time has changed from 09-Oct-2012 02:00 PM to 19-Oct-2012 02:00 PM.

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

The following have been added by full text:

AMEND 0001- SECTION 00 21 00

Section 00 21 00 “Instructions, Conditions and Notices to Offerors”, paragraph 1.10.1 was amended to remove the “Special Instruction Pertaining to Hand Carried Offers” portion.

The Government needs to make it clear that CD Offers cannot be submitted for this solicitation.

Please see following pages for Section 00 21 00 Revision in red strikethrough text

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

The following have been added by full text:

AMEND 0001- SECTION 00 22 10

Section 00 22 10 “Phase 1 of 2 Phase Design-Build Selection Procedures”;

1) Paragraph 5.1.4. was amended by the addition of; “If multiple design firms are utilized, each design firm will be allowed to submit up to five (5) projects.”

2) Paragraph 6.2.6 “Self-Performed Work” was removed. Original paragraph 6.2.7.

“Quality Control” has now been inserted into paragraph 6.2.6. and paragraph 6.2.7. no longer exists.

Please see following pages for Section 00 22 10 Revision in bold underline text

(End of Summary of Changes)

SECTION 00 21 00

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

GENERAL INFORMATION

SECTION 00 21 00 (ID/IQ)

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST LIMITATION FOR DESIGN AND CONTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTAL

1.11 PROPOSAL FORMAT & GENERAL INSTRUCTIONS

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE

UTILIZATION OF SMALL BUSINESS CONCERNS

1.14 BID GUARANTEE

1.15 CONTRACT PRICES - BIDDING SCHEDULE (PHASE 2 ONLY)

1.16 SOLICITATION PROVISIONS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The Fort Worth District intends to award up to five contracts as 8(a) Multiple Award Task Order

Contract (MATOC) in REGION 6 (Texas, New Mexico, Oklahoma, Louisiana, & Arkansas).

The estimated maximum task order limitation of $15 million and a minimum task order limitation of $3000. In determining which contractor pool to solicit for a given task order requirement the Government will consider - 1) the complexity of the work, 2) contract task order limitation, 3) on-going work, 4) bonding capacity, and any other task order specific requirement.

The Government may exceed the stated maximum task order limitation upon mutual agreement of all parties. The solicitation will be a negotiated acquisition; there will be no public bid opening. All contracts will be awarded based upon an evaluation of the overall Best Value to the

Government.

General Description of Work: Scope of work includes, but is not limited to, construction activities such as new construction, renovation, repairs, preventive maintenance, environmental abatement, and erosion control, earthwork and operations construction activities as applicable under these MATOCs. The contracts are not only intended to execute new construction, design-build and design-bid-build, but to provide a timely response to remediation of facilities, e.g., maintenance, repair, asbestos and lead-base paint abatement, and minor construction situations relating to, but not limited to, civil, mechanical, plumbing, structural, electrical, heating, ventilation and air conditioning (HVAC), instrumentation, anti-terrorism and force protection.

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION

COSTS

The Contract Cost Limitation (CCL) will be provided with the Request for Proposals (RFPs) for each Task Order. It is the Government's intent to award at full scope within the CCL. The

Magnitude of Construction for 100% designed projects will be stated on each Task Order in accordance with DFARS 236.204.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail inquiries are sent to the Fort Worth District, U.S.

Army Corps of Engineers, relating to either pre-contract or post-contract award. A return mailing address is required on the outside of the envelope, package, box, etc. All mail must be addressed to the Contracting office as specified below (no exceptions):

U.S. Army Engineer District, Fort Worth

ATTN: CESWF-CT-C, Contract Specialist, Kevin Anderson

PO Box 17300

819 Taylor Street (Room 2A17)

Fort Worth, TX, 76102-0300

All Federal Express/UPS/etc. packages are required to have Offeror’s physical address and the above contracting office address including room number, contract specialist’s name and telephone number for proper delivery.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and all amendments are available by INTERNET ACCESS ONLY.

All solicitation documents and amendments will be posted on Federal Business Opportunities

(FBO) website at http://www.fbo.gov/ and Offeror can access solicitation documents by solicitation number without dashes (i.e., for sample W9126G12R1234).

It is solely the Contractor’s responsibility to check the fbo.gov website for the solicitation and any amendments prior to the RFP closing date. The Offeror shall submit in its proposal all requested information as specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Additional information regarding this solicitation and potential Offerors (i.e., interested vendors list) and/or subcontractors will be available fbo.gov website under the solicitation number.

1.5. OFFEROR'S QUESTIONS AND COMMENTS

1.5.1 Bidder Inquiry

1.5.1.1 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.

1.5.1.1.1 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 to continue.

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

1.5.1.1.3 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.

1.5.1.1.4 The Solicitation Number is: W9126G-12-R-0043

1.5.1.1.5 The Bidder Inquiry Key is: Y4S33G-N8FQB8

1.5.1.2 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 http://www.fbo.gov/ amend the solicitation, if necessary.

1.5.1.3 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.

1.5.1.4 The bidder 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.

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

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 ANNUAL REPRESENTATIONS AND

CERTIFICATIONS (FEB 2009) for the small business size standard/NAICS Code.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay as a direct charge any costs incurred by the Offeror in the preparation and submission of its proposal or revisions. A stipend is not authorized for unsuccessful Phase 2 Offerors in accordance with Section 00 22 20.

1.8. PRE-PROPOSAL CONFERENCE

If the Government intends to hold a pre-proposal conference, it will be announced after the

Offerors are selected to participate in Phase 2 of the solicitation process.

1.9. ACCURACY IN PROPOSALS

Proposals must set forth with full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C.

1001.

1.10. PROPOSAL SUBMITTALS (PHASE 1 & 2)

1.10.1 In an effect to reduce paperwork and cost, ALL Phase 1 and Phase 2 proposals shall be submitted electronically via the AMRDEC SAFE website at:

https://safe.amrdec.army.mil/SAFE2/Welcome.aspx .

At the AMRDEC SAFE website, select the link: I do not have a CAC or this machine is not configured to read my CAC and I would like to access SAFE as the Guest User, to register, access the site and submit your proposal(s). When completing the information for transmittal at the AMRDEC SAFE website, notification should be submitted to Contract Specialist, Kevin

Anderson, email kevin.s.anderson2@usace.army.mil and Contracting Officer, Derek Gadberry, email derek.a.gadberry@usace.army.mil.

https://safe.amrdec.army.mil/SAFE2/Welcome.aspx mailto:kevin.s.anderson2@usace.army.mil mailto:derek.a.gadberry@usace.army.mil

Special Instruction Pertaining to Hand Carried Offers: Should hand-carried offers be required, offers must be delivered to the USACE Office at the address above. Offerors who desire to hand-deliver their offers must notify the Contract Specialist in advance due to security requirements. No Paper copies of proposals will be accepted! CD Offers must be in sealed envelopes/packages, marked and addressed as follows:

MARK PACKAGES AND CD DISC:

Solicitation No.: W9126G-12-R-0043

Offer Closing Date: 9 October 2012

Offer Closing Time: 2:00 p.m. (CENTRAL STANDARD TIME)

CD - W9126G-12-R-0043 COMPANY NAME_PRICE

CD - W9126G-12-R-0043 COMPANY NAME_TECHNICAL

ADDRESS PACKAGES TO:

U.S. Army Corps of Engineers (USACE), Fort Worth District

Attention: CESWF-CT (Contract Specialist, Kevin Anderson)

819 Taylor Street, Room 2A17/P.O. Box 17300

Fort Worth, TX 76102-0300

1.10.2 Offers received by telegraph, modifications thereto, or cancellations of offers will not be accepted.

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

1.10.4 Offers received by e mail, modifications thereto, or cancellations of offers will be accepted.

1.10.5 SITE VISIT: See Specification Section – Site Visit (PHASE 2)

IMPORTANT NOTES: (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

1.11. PROPOSAL FORMAT & GENERAL INSTRUCTIONS (PHASE 1)

1.11.1 Submit only the electronic-documents. Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages should be numbered.

1.11.2 PDF pages should be formatted to print on 8 ½ by 11 inch paper, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Spreadsheets must fit to 11” x 14” or 11” x 17” paper size unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers of the solicitation, project title and company.

1.11.3 Hard copies will not be submitted.

1.11.4 “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-

1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

1.11.5 In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work under the prospective contract.

1.11.6 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, fold-out pages (11" x 14" or 11" x 17") will count as one page (not applicable for electronic submissions). Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are not included in the page limitation.

1.11.7 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 or amendment, e.g., Error, Omission or Clarification shall be included and be annotated for each revision. Proposal replacement pages shall be numbered and clearly marked “REVISED”, with the date of revision.

Revised page will be submitted in a different color than the original pages being replaced.

1.11.8 Within three (3) days of contract award, the awarded seed task order contractor shall submit their conformed proposal via an electronic CD Rom or DVD +/-R.

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

If this is an 8(a) or HubZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE

UTILIZATION OF SMALL BUSINESS CONCERNS

1.13.1 Federal Acquisition Regulations (FAR). Defense Federal Acquisition Regulation

Supplement (DFARS). Your attention is directed to the following FAR and DFARS provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Subcontracting Plan (Alternate II) (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large

Business)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns

1.13.2 All large businesses are required to submit a Small Business Subcontracting Plan.

1.13.3 Goals. In accordance with 52.219-9 the subcontracting plan goals shall be expressed in terms of percentages of total planned subcontracting dollars. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

1.13.3.1 50% of subcontracted amount contract amount with small business concerns.

1.13.3.2 19% of subcontracted amount contract amount with those small business concerns owned and controlled by socially and economically disadvantaged individuals.

1.13.3.3 8% of subcontracted amount contract amount with those small business concerns owned and controlled by women.

1.13.3.4 5% of subcontracted amount contract amount with those small business concerns owned and controlled by Service-Disabled Veterans.

1.13.3.5 9 % of subcontracted amount contract amount with those small business concerns owned and controlled by HUBZones.

1.13.3.6 2.5% of subcontracted amount contract amount with those minority institutions and historically black colleges and universities.

1.13.3.7 8.5% of subcontracted amount contract amount with those small business concerns owned and controlled by Veteran-Owned.

1.14. BID GUARANTEE (PHASE 2 ONLY)

A Bid Guarantee is not required for the Phase 1 proposal submission. A Bid Guarantee will be required for the initial Task Order during Phase 2 of this solicitation. The penal sum of the bond for the task order will be required as in provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

1.15. CONTRACT PRICES - BIDDING SCHEDULE (PHASE 2 ONLY)

Payment for the various items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials and bonds (performance and payment), and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Bidding

Schedule shall be included in the contract prices for the items listed.

1.16 SOLICITATION PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS)

Number

APR 2008

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.215-20 Requirements for Cost or Pricing Data or

Information Other Than Cost or Pricing Data

OCT 1997

52.217-4 Evaluation Of Options Exercised At The Time Of

Contract Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

52.225-10 Notice of Buy American Act Requirement--

Construction Materials

MAY 2002

52.225-12 Notice of Buy American Act Requirement -

Construction Materials Under Trade Agreements

JAN 2005

52.236-28 Preparation of Proposals--Construction OCT 1997

252.236-7007 Additive or Deductive Items DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

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 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.

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 or written” means any worded or numbered expression which 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.

(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, or revision, 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 to the designated

Government contracting office is 4:30 p.m.CST 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 (email notice acceptable) received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals (not authorized), 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 requested or allowed by the Contracting

Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the

Offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this Offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award at least two contracts resulting from this solicitation to the responsible Offerors whose proposals represents the Best Value after evaluation in accordance with the factors and sub-factors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the

Offeror's initial proposals for Phase 1 and Phase 2 should contain the Offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or sub-clin items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful

Offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting Offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed

Offeror and past performance information on the debriefed Offeror.

(iii) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of at least two Indefinite Delivery Indefinite Quantity

(IDIQ) Firm Fixed Price contracts resulting from this solicitation.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The Offeror shall notify the Government if the Offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the Offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the Offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the Offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an Offeror's request for a wage determination for a secondary site of the work.

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 (address listed below) by obtaining written and dated acknowledgment of receipt from

Derek Gadberry (Contracting Officer)

US Army Corp of Engineers

819 Taylor Street, Rm 2A17

Fort Worth, TX 76102

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

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors or Quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visit(s) will be established and specified in Phase 2 of this solicitation.

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 proposal 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 proposal or offer. Also, the full text of a solicitation provisions may be accessed electronically at this address:

http://farsite.hill.af.mil

(End of provision http://farsite.hill.af.mil/

Section 00 22 10

SECTION 00 22 10

PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

4.0 Volume 1 - TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 Volume 1 - TAB B – FACTOR 1-1 – PAST PERFORMANCE

5.1. SUBMISSION REQUIREMENTS

5.2. RELEVANCY EVALUATION CRITERIA

5.3. CONFIDENCE EVALUATION CRITERIA

6.0 Volume 1 - TAB C – FACTOR 1-2 – ORGANIZATION AND TECHNICAL APPROACH

6.1. SUBMISSION REQUIREMENTS

6.2. EVALUATION CRITERIA

7.0 PHASE 1 RATINGS

8.0 PHASE 1 EVALUATION PROCEDURES

8.1. SOURCE SELECTION EVALUATION BOARD (SSEB)

8.2. EVALUATION

8.3. EVALUATION AND RATING SYSTEM

8.4. DEFINITIONS

8.5. PAST PERFORMANCE RISK RATINGS

PHASE ONE – SECTION 00 22 10 ATTACHMENTS

1 – PROPOSAL DATA SHEETS

2 –PAST PERFORMANCE QUESTIONAIRRE

1.0 OVERVIEW

1.1. The Fort Worth District intends to award up to five contracts as 8(a) Multiple Award Task Order Contract (MATOC) in Small Business Administration (SBA) REGION 6 (Texas, New Mexico, Oklahoma, Louisiana, & Arkansas). The estimated maximum task order limitation is $15 million with a minimum task order limitation of $3,000. In determining which contractor to solicit for a given task order requirement the Government will consider - 1) the complexity of the work, 2) contract task order limitation, 3) on-going work, 4) bonding capacity, and any other task order specific requirement.

1.2. In Phase 1 of the 2 phase design-build selection procedure, interested firms or joint venture entities (referred to as”Offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute a wide variety of construction activities, to include but not limited to, new construction, renovation, repairs, preventive maintenance, environmental abatement, and erosion control, earthwork and operations construction activities as applicable under these MATOCs. The contracts are not only intended to execute new construction, design-build and design-bid-build, but to provide a timely response to remediation of facilities, e.g., maintenance, repair, asbestos and lead-base paint abatement, and minor construction situations relating to, but not limited to, civil, mechanical, plumbing, structural, electrical, heating, ventilation and air conditioning (HVAC), instrumentation, anti-terrorism and force protection. The Government will evaluate the qualifications in accordance with the criteria described herein and intends to select up to five (5) of the Phase 1 Offerors to compete in Phase

2. The Government reserves the right to select more than five (5) of the Phase 1 Offerors if, in the opinion of the Source Selection Authority, consideration of additional offerors is warranted.

1.3. In Phase 2, the selected Phase 2 Offerors will submit proposals for evaluation in accordance with Section 00 22 20. In Phase 2, the Contracting Officer will award a firm fixed-price contract to the firm whose proposal offers the best overall value to the Government, considering the price and non-price factors described in Phase 2.

1.4. The selected Phase 2 Offerors will be announced by special notice or synopsis to the Federal Business Opportunities website. Offerors may be contacted separately to request their proposal.

2.0 GENERAL INSTRUCTIONS

2.1. Firms formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be joint ventures or key team subcontractors. Any legally organized Offeror may submit a proposal. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

2.2. Submit the Phase 1 proposal in electronic format, as described in Section 00 21 00. Note that the Government will not evaluate any material that exceeds the page limits, in paragraph 6.1.1 below.

PHASE 1 DOES NOT INVOLVE PRICING SUBMISSION.

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

PHASE 1, VOLUME 1 – TECHNICAL CAPABILITY

Factor Location Description Relative Importance

Vol.1, Tab A SF 1442 and Proposal Data Sheet N/A

FACTOR 1-1 Vol. 1, Tab B Past Performance Equal to Factor 1-2

Sub Factor 1 Relevancy Equal in importance to Sub Factor 2

Sub Factor 2 Confidence Equal in importance to Sub Factor 1

Factor 1-2 Vol. 1, Tab C Organization and Technical Approach

Equal to Factor 1-1

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.1. Submit the SF 1442, completed and signed by a person authorized by the Offeror. Include the completed proposal data sheet (See attachment 1, provided at the end of this Section) and Joint Venture Agreement (if applicable)

5.0 TAB B – FACTOR 1-1 – PAST PERFORMANCE

5.1. SUBMISSION REQUIREMENTS

5.1.1. The Past Performance Questionnaire (PPQ) included in the solicitation (Attachment 2) is provided for the Offeror or its team members to submit to the client for each project the Offeror included in its proposal for Factor: 1, Past Performance. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQ’s should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If any negative past performance information is received, the contractor will be given an opportunity to provide rebuttal. If the client request, questionnaires may be submitted directly to the Government’s point of contact, Kevin Anderson, via e-mail at: Kevin.s.anderson2@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposals PPQ’s previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

5.1.2. Also include performance recognition documents received within the last five (5) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

5.1.3. In addition to the above, the Government may review any other sources of information for evaluation of past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS number of team members (Partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquires of owner representative(s), Federal Awardees Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rest with the Offeror.

5.1.4. The Offeror’s construction and design entities should each demonstrate past performance through the submission of similar projects using the PPQ. If the Offeror is a joint venture, limited liability corporation, or integrated design-build firm, provide past performance information for design and construction projects relevant to each of the proposed roles on this project. If any firm has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer. Design firms may list prime contractors they have worked for or Government, private or commercial customers. If projects were design-build, so identify them in Section 4, Project Description of the PPQ.

Both the prime contractor and the design firm(s) shall each submit no more than five (5) projects completed or fully designed and at least 50% construction progress completed within 5 years from the date of this solicitation that best represent their experience similar to the scope of work for this solicitation.

If multiple design firms are utilized, each design firm will be allowed to submit up to five (5) projects. Two (2) of the five (5) projects submitted may be fully designed and at least 50% construction progress completed. If Offeror is proposing as a Joint Venture (JV) and past performance cannot be provided as a JV, each partner can submit no more than five (5) projects each.

mailto:Kevin.s.anderson2@usace.army.mil

5.1.5. Projects will be considered relevant to this procurement if they are similar in complexity, in type, scope, and magnitude. Relevancy is defined as:

(a) A minimum of one example of vertical construction with a construction value of at least $3,000,000.

(b) A minimum of one example of repair/renovation project with a construction value of at least $1,000,000.

(c) A minimum of one example of Design/Build project with a construction value of at least $1,000,000

(d) Must be the Prime Contractor on a minimum of two projects submitted; Design firms must be the Designer of Record on a minimum of two projects submitted.

5.1.6. The Offeror may provide a supplemental narrative (not project lists), not to exceed two pages, explaining how any corporate past performance that is not directly related to the specific projects above is applicable to this project and how the Government will benefit. The following information may be considered:

5.1.6.1. Describe previous design-build past performance. The Offeror may include past performance on other types of projects.

5.1.6.2. The above information is limited to projects that are substantially complete(fully designed and at least 50% construction progress completed ) or that have been completed and turned over no longer than the past five years preceding the date of this solicitation.

5.1.6.3. Offerors may submit but, are not required to submit any additional past performance information. The Government will utilize CCASS, ACASS, CPARS and any other information deemed relevant to assess confidence in the Offeror’s ability to perform.

5.2. RELEVANCY EVALUATION CRITERIA:

5.2.1. The Government will evaluate the Offeror’s past performance to determine how relevant the past performance is to the project under consideration. Past performance on the projects identified in the project forms will receive more consideration than past performance provided in the supplemental narrative. The Government will place greater value on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project past performance will not be rated inherently more important than non-Federal Government project past performance.

5.2.2. More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

5.3. CONFIDENCE EVALUATION CRITERIA:

5.3.1. The SSEB will review the past performance information available, to include ACASS, CCASS, CPARS and other past performance information deemed relevant, to determine the quality and usefulness as it applies to performance confidence assessment. If any firm has multiple functions or divisions, the Government will only evaluate past performance of the division or unit submitting the offer.

If the Government cannot establish the Offeror’s relevant past performance, it reserves the right to utilize the Past Performance Questionnaire to conduct telephone interviews on any source it deems relevant to the evaluation. The Government will not release the information gathered to the Offeror at any time, in order for the Government to solicit candid, unbiased interview comments. The Government’s evaluation is not limited to past performance information on the cited example projects.

5.3…