W9126G21R0026.pdf

Phase 1 Design-Build Request For Proposal

3RD CALVARY REGIMENT (CR) WASH RACK

Fort Hood, Texas

W9126G21R0026 December 2020 Small Business Set-Aside

US Army Corps of Engineers Fort Worth District

This page was intentionally left blank

Repair 3CR Washrack FH213CRW

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00.01 00 11 00.02 00 21 00 00 22 10 00 22 20 00 45 00 00 72 00 00 73 00 00 73 46

SOLICITATION, OFFER AND AWARD, SF-1442

CONTRACT LINE ITEM SCHEDULE (ISSUED IN PHASE 2)

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PHASE 1 OF 2 PHASE DESIGN BUILD SELECTION PROCEDURES

PHASE 2 DESIGN BUILD SELECTION PROCEDURES AND BASIS OF AWARD

REPRESENTATIONS AND CERTIFICATIONS

CONTRACT CLAUSES

SPECIAL CONTRACT REQUIREMENTS

WAGE DETERMINATION SCHEDULE

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 44 01 01 10.00 44 01 11 00 01 30 00 01 31 19.00 44 01 32 01.00 10 01 33 00 01 33 16.00 10 01 35 10.00 44 01 35 26 01 42 00 01 45 00.00 10 01 45 00.15 10 01 50 00 01 56 00.00 44 01 57 20.00 10 01 57 23 01 57 24.01 44 01 57 25.00 44 01 58 00 01 62 35 01 71 23.00 44 01 74 19 01 78 00 01 78 23

DESIGN AND CONSTRUCTION SCHEDULE

SPECIAL PROJECT REQUIREMENTS

SUMMARY OF WORK

ADMINISTRATIVE REQUIREMENTS

PROJECT MEETINGS

PROJECT SCHEDULE

SUBMITTAL PROCEDURES

DESIGN DATA (DESIGN AFTER AWARD)

SPECIAL PROJECT PROCEDURES FOR FORT HOOD

GOVERNMENTAL SAFETY REQUIREMENTS

SOURCES FOR REFERENCE PUBLICATIONS

QUALITY CONTROL

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

DUST CONTROL

ENVIRONMENTAL PROTECTION

TEMPORARY STORM WATER POLLUTION CONTROL

STORM WATER POLLUTION PREVENTION PLAN (TEXAS)

SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM

PROJECT IDENTIFICATION

RECYCLED / RECOVERED MATERIALS

SURVEY, LAYOUT, AND OTHER DATA

CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

CLOSEOUT SUBMITTALS

OPERATION AND MAINTENANCE DATA

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

01 91 00.15 10 TOTAL BUILDING COMMISSIONING

Project Title: 3rd Cavalry Regiment (3CR) Wash Rack at Fort Hood, Texas

This project w ill be 100% Small Business Set-Aside

NAICS Code: 236220 FSC: Z2PZ Size Standard: $39.5M

Magnitude of Construction betw een $10,000,000 and $25,000,000.

Block 13B: A Bid Guarantee is not required until Phase 2 of this solicitation.

See FAR 52.228-1 Bid Guarantee

**If the contractor fails to provide adequate and acceptable bond documents and insurance certif icates w ithin ten days after contract aw ard, such failure shall constitute ground for termination for default w ithout the requirements for the Contracting Off icer to f irst issue a "show cause" letter. The Government w ill not allow the contractor to w ork on the project unless the bond documents and insurance certif icate have been accepted by the Contracting Off icer and a signed Notice to Proceed has been issued to the contractor.**

PAIGE E STONE 817-886-1124

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

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

NEGOTIATED

10-Dec-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________480 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________01 00 00.00 44

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________12 Jan 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

(817) 886-6403FAX:TEL: TEL: FAX:

W9126G21R0026 78

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

CLIN SCHEDULE

Will be provided in Phase 2

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

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

1.3 GOVERNMENT REQUIREMENTS FOR INCOMING MAIL AND PACKAGES

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR’S QUESTION AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARDS/ NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 SITE VISIT

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT & GENERAL INSTRUCTIONS

1.12 PROPOSAL FORMAT

1.13 JOINT VENTURE PROPOSAL REQUIREMENTS

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 scope of the project includes all work required for design and construction to make necessary repairs to Washrack, settling pond/liner, spray equipment, and controls for the 3CR Regiment at Fort Hood, TX.

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award shall not exceed $10,274,682.49 for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However, the Government may not be able to make an award, if the dollar amount set for this project is exceeded

1.3 GOVERNMENT REQUIREMENTS FOR INCOMING MAIL AND PACKAGES

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 Corps of Engineers, Fort Worth District ATTN: Paige Stone, Contract Specialist 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 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 beta.SAM website at http://www.beta.SAM.gov/ and Offeror can access solicitation documents by the solicitation number, W9126G21R0026.

It is solely the Contractor’s responsibility to check the beta.SAM.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. The Offeror must be registered with the System for Award Management Database (SAM) to receive a Government contract award.

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

1.5 OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail to:

Contract Specialist – Primary POC U.S. Army Corps of Engineers, Fort Worth District ATTN: Paige Stone Phone: (817) 886-1024 Email: Paige.E.Stone@usace.army.mil Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via:

Bidder Inquiry

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

To submit and review bidder inquiries, bidders will need to be a current registered user or self-register into the ProjNet system. To self-register go to web page at http://www.projnet.org/projnet, click the BID tab, select Bidder Inquiry, select agency USACE, enter the Key for this RFP (listed above) and your e-mail address, and click login. Fill in all required information and click create user. Verify that the information on the next screen is correct and click to continue.

From this page you may view all bidder inquiries or add an inquiry. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as a single inquiry.

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.

The Solicitation Number is: W9126G21R0026

The Bidder Inquiry Key is: B3UAWG-JF43SV

The Bidder Inquiry System will be unavailable for new inquires 7 calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the RFP, if necessary. If the System is not closed in a timely manner, an inquiry posted within the seven calendar days of the receipt of proposals would still be considered untimely and will not be answered.

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.

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.

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 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 offerors.

1.8 SITE VISIT (PHASE 2)

Pursuant to Contract Clause "FAR 52.236-3, Site Investigation and Conditions Affecting the Work," prospective offerors will be permitted to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the Contract to the extent such information is reasonably obtainable. Offerors are urged and expected to inspect the site where the work will be performed.

Reference Section 00 21 30 for site visit details provided to select Offerors in Phase 2.

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

In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically. All submissions should be in Adobe PDF format. The Price Proposal and Technical Proposal shall be submitted as “separate” single files. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format:

W9126G21R0026_COMPANY NAME_TECHNICAL_PHASE 1

W9126G21R0026_COMPANY NAME_PRICE_PHASE 2

W9126G21R0026_COMPANY NAME_TECHNICAL_PHASE 2

Submit the Price and Technical proposals electronically via the DoD SAFE website at https://safe.apps.mil/.

In order for an outside user (the contractor) to submit a proposal for the solicitation, they must receive a drop-off request from an inside user (the government). When the inside user generates a drop-off request for you, you will receive an email with a link to submit your drop-off. Optionally, the Government may provide you with a request code. In that case, click the Drop-off button on the SAFE home page and enter the Request code.

To request and receive a drop-off request for this solicitation, email the Contract Specialist and Contracting Officer two (2) working days before the proposal due date. The Contracting Officer for this project is: Mr. John H.

Rodgers. Email address is john.h.rodgers@usace.army.mil. The Contract Specialist for this project is: Ms. Paige Stone. Email address is paige.e.stone@usace.army.mil. Include the solicitation number in your Email Subject Line: W9126G21R0026

1.11 PROPOSAL FORMAT & GENERAL INSTRUCTIONS (PHASE 1)

1) Submit only the electronic documents. Submit only the electronic files that are specifically requested in

Section 00 22 10. All files submitted shall be in PDF format. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages shall be numbered.

2) PDF pages shall 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 and presentation drawings 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.

3) Hard copies shall not be submitted, with the exception of the bid guarantee. Refer to this section, 1.12 Bid Guarantee, for bid guarantee submission requirements.

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 Clause (P) 52.215-1, Instructions to Offerors -- Competitive Acquisition, paragraph (e), Restriction on disclosure and use of data.

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.

6) For submissions with page limitations, the corresponding PDF pages will be counted.

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.

1.12 JOINT VENTURE / LLC PROPOSAL REQUIREMENTS

Joint Venture:

When proposing as a joint venture, all members of the joint venture shall sign 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.

LLC:

When proposing as an LLC, the offeror must submit a copy of the operating agreement which clearly demonstrates the authority to bind the LLC.

1.13 BID GUARANTEE (PHASE 2 ONLY)

Submit the Bid Guarantee in accordance Provision 52.228-1, Bid Guarantee. One (1) copy of the bid guarantee shall be submitted electronically as part of Volume 2 and one (1) hard copy submission of the bid guarantee is due by the date and time for proposal submission. The bid guarantee shall be sent to the address in this section, 1.9 Proposal Submittals and Proposal Format & General Instructions, on or before the date indicated in Box 13 of the SF1442.

1.14 CONTRACT PRICES - BIDDING SCHEDULE(PHASE 2 ONLY)

Payment for the 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.

1.1 AVAILIBILITY OF FUNDS

See Section 00 72 00, Clause 52.232-18, Availability of Funds.

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-16 Facilities Capital Cost of Money JUN 2003 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.232-2 Payments Under Fixed-Price Research And Development Contracts

APR 1984

52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

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. [Contracting Officer check appropriate box.]

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(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 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 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 a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors 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 proposal 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 subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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 a Firm-Fixed Price (FFP) contract resulting from this solicitation.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers Fort Worth District 819 Taylor Street, Rm 2A17 (Attn: CESWF-CT) Fort Worth, Texas 76102-0300

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for-- An organized site visit will be scheduled in Phase 2 of this solicitation

(c) Participants will meet at-- TDB in Phase 2.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 22 10 - Phase 1 of a 2 Phase-Design Build Selection Procedures

EVALUATION CRITERIA

PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 ESTIMATED CONSTRUCTION COST

3.0 GENERAL INSTRUCTIONS

4.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

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

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

6.1 SUBMISSION REQUIREMENTS

6.2 RELEVANCY EVALUATION CRITERIA

6.3 CONFIDENCE EVALUATION CRITERIA

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

7.1 SUBMISSION REQUIREMENTS

7.2 EVALUATION CRITERIA

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 RATINGS

ATTACHMENTS

1 - PROPOSAL DATA SHEETS

2- CONSTRUCTION - PAST PERFORMANCE ASSESSMENT WORKSHEET

3- DESIGNER- PAST PERFORMANCE ASSESSMENT WORKSHEET

4- USACE PAST PERFORMANCE QUESTIONNAIRE

This is a “best value” solicitation for the design and construction to make necessary repairs to washrack, settling pond/liner, spray equipment, and controls for the 3CR Regiment at Fort Hood, TX. The Design-Build Contract will include both Design and Construction of the required repair.

1.1. 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 this project. The Government will evaluate the qualifications in accordance with the criteria described herein and will select no more than 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 Contracting Officer, consideration of additional Offerors is warranted.

1.2. 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.

1.3. The selected Phase 2 Offerors will be announced by special notice or synopsis to the Beta.Sam website. Offerors will be contacted separately to request their approval.

2.0 ESTIMATED CONSTRUCTION COST

The estimated cost of the proposed construction is between $10,000,000.00 and $25,000,000.00.

The estimated Contract Cost Limitations (CCL) is $10,274,682.49.

3.0 GENERAL INSTRUCTIONS

a. Small Business 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 as joint ventures or as key team subcontractors. Joint-Venture offerors must be in compliance with FAR 19.5. Any legally organized Set-Aside Offeror may submit a proposal. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

b. 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, specified in each factor.

4.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

Location Factor Number Description Relative Importance

Tab A SF 1442 and Proposal Data Sheet N/A

Tab B Factor 1 Past Performance More Important than Factor 2

Tab C Factor 2 Organization and Technical Approach

Less Important than Factor 1

5.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.1. 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).

6.0 TAB B – FACTOR 1 – PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

6.1.1 The Offeror’s construction and design entities shall each demonstrate past performance through the submission of similar projects, using the Construction – Past Performance Assessment Worksheet – (Attachment 2), and Designer – Past Performance Assessment Worksheet – (Attachment 3). 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, identify them as such. Both the prime contractor and the design firm(s) shall each submit a minimum of three (3), but no more than five (5) projects completed or substantially completed within 6 years from the date of this solicitation that best represent their experience similar to the scope of work for this solicitation. All projects submitted for design must be completed designs; designers may submit design/build projects if the design portion of the project is complete, regardless of the construction progress. No more than one project may be less than completed or substantially completed, provided it is at least 50% construction complete. If Offeror is proposing as a Joint Venture (JV) and cannot provide the minimum of three (3) projects as a JV, each partner shall submit past performance information, with no more than five (5) projects each.

6.1.2 For USACE or other DoD projects, the government will retrieve Contractor Performance Assessment Reporting System (CPARS).

6.1.3 The Past Performance Questionnaire (PPQ) included in the solicitation (Attachment 4) 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 that does not have an interim or final CPARS evaluation or is a non-Federal Government project. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQ 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 to which the Offeror has not previously had an opportunity to respond, the contractor will be given an opportunity to provide rebuttal. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Paige Stone, via e-mail at: Paige.E.Stone@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.

6.1.4 Do not request past performance questionnaires (PPQ) on projects that have interim or final CPARS evaluations. If a CPARS evaluation exists and a PPQ is provided for the same project, the CPARS evaluation will be reviewed as the official past performance record for the project, and the PPQ will not be considered by the Source Selection Board or the Source Selection Authority.

6.1.5 For USACE or other DoD projects which are underway but do not yet have an interim or final CPARS evaluation, one PPQ per contract may be submitted; to be considered, the PPQ shall be signed by the Administrative Contracting Officer (ACO) for the contract.

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

6.1.6.1 Offerors may submit performance recognition documents received within the last six

(6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition relevant to the submitted projects to demonstrate the Offeror’s performance capabilities and customer satisfaction.

6.1.6.2 Offerors may submit information on past performance issues and corrective actions taken to prevent these issues from reoccurring. Discuss whether these corrective actions have been implemented on contracts awarded subsequent to the performance issues, the effectiveness of the corrective actions, and POC information for the subsequent contracts.

6.1.7 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.

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

6.1.8.1 Repair of Wash Rack/Station or similar commercial project type with a construction contract value of at least $6,000,000.00;

6.1.8.2 Construction Project including: (a) Upgrade to Mechanical Systems and Electrical Controls; (b) Replacement of Pumps/Piping; and (c) Upgrades to Pump Houses or Wash Stations;

6.1.8.3 Construction involving multiple trades including civil, mechanical, electrical associated with Design Build Construction

6.1.9 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.

6.2 RELEVANCY DETERMINATION:

6.2.1 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.

6.2.2 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.

6.2.3 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.

6.2.4 Contracts with lower degrees of relevance will not be as strong of predictors of likely future contract performance success and will typically have less influence on the final past performance confidence rating.

6.2.5 Contracts that have little or no relevance typically do not influence the performance confidence rating;

however, any contracts with adverse past performance could reflect larger company-wide concerns and may impact upon the past performance confidence rating.

6.2.6 Based on the relevancy of the projects submitted for design and for construction, an overall relevancy determination will be assessed as an interim step prior to establishing a confidence rating.