W9126G22R0051.pdf
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- Solicitation number
- W9126G22R0051
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This is a solicitation for design-build services for the renovation of four existing Hammerhead Barracks at Fort Hood, Texas. The scope of work includes abatement, demolition, exterior and interior renovations, new mechanical and electrical systems, and site improvements. The contract value is estimated between $25-100 million, with award expected in March 2022. A firm-fixed price contract will be awarded following a two-phase selection process. In Phase 1, interested firms will submit past performance and technical qualifications for evaluation, with up to five firms selected for Phase 2. Phase 2 proposals will include design plans, a project schedule, small business participation details, and price. Evaluation factors include design approach, schedule, past performance, and price. The selected offeror will receive the award based on best overall value considering technical merit and price.
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Design-Build Request For Proposal
HAMMERHEAD BARRACKS RENOVATION BLDGS.
BLDGS. 10001, 02, 03, 04
Fort Hood, Texas
W9126G22R0051 November 2021 Unrestricted 2 Step
US Army Corps of Engineers Fort Worth District
This page was intentionally left blank
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442
00 11 00.02 CONTRACT LINE ITEM SCHEDULE
00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
00 21 30 SITE VISITS
00 22 10 PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES
00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF
AWARD
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 72 00 CONTRACT CLAUSES
00 73 00 SPECIAL CONTRACT REQUIREMENTS
00 73 46 WAGE DETERMINATION SCHEDULE
DIVISION 01 - GENERAL REQUIREMENTS
01 00 00.00 44 DESIGN AND CONSTRUCTION SCHEDULE
01 01 10.00 44 SPECIAL PROJECT REQUIREMENTS
01 11 00 SUMMARY OF WORK
01 30 00 ADMINISTRATIVE REQUIREMENTS
01 32 01.00 10 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 33 16.00 10 DESIGN DATA (DESIGN AFTER AWARD)
01 33 29 SUSTAINABILITY REPORTING
01 35 10.00 44 SPECIAL PROJECT PROCEDURES FOR FORT HOOD
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)
01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS
01 56 00.00 44 DUST CONTROL
01 57 20.00 10 ENVIRONMENTAL PROTECTION
01 57 24.01 44 STORM WATER POLLUTION PREVENTION PLAN (TEXAS)
01 57 25.00 44 SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM
01 58 00 PROJECT IDENTIFICATION
01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
01 78 00 CLOSEOUT SUBMITTALS
01 78 23 OPERATION AND MAINTENANCE DATA
01 91 00.15 10 TOTAL BUILDING COMMISSIONING
APPENDICES
APPENDIX A CONCEPT FLOOR PLANS
APPENDIX B AS-BUILTS B10001, 02, 03 & 04 COVER SHEET
APPENDIX C CIVIL PLANS
APPENDIX D HAZMAT REPORT
APPENDIX E AIR LEAKAGE ENVELOPE
APPENDIX F SOLID SURFACE MATERIAL PROPERTIES
APPENDIX G MASS NOTIFICATION SYSTEMS
APPENDIX H FORT HOOD IDG
APPENDIX I ADVANCED METER REQUIREMENTS
APPENDIX J CHILLED WATER CONCEPT LAYOUT B10001, 02, 03 & 04
APPENDIX K MECHANICAL AS-BUILT DRAWINGS
APPENDIX L FORT HOOD FIRE ALARM REPORTING SYSTEM
APPENDIX M NEC T-IDG
APPENDIX N FORT HOOD INTRUSION DETECTION SYSTEM INFORMATION
Hammerhead Barracks Renovation Bldgs 10001 - 10004 FH21HHB
APPENDIX O NOT USED
APPENDIX P INSTALLATION OF ELECTRONIC LOCKS STANDARD OPERATING PROCEDURES
APPENDIX Q IDS_INFRASTRUCTURE POWER AND COMMUNICATIONS DRAWINGS
APPENDIX R FORT HOOD UTILITIES AND ENERGY SPECIAL PROCEDURES
-- End of Project Table of Contents --
Hammerhead Barracks Renovation Bldgs 10001 - 10004 FH21HHB
Project Title: FY22 Repair 4 Hammerhead Barracks Renovation, Fort Hood, Texas.
Method of Acquisition: Unrestricted using 2 Step Design Build Procedures.
NAICS Code: 236220 Size Standard: $39.5M.
Magnitude of Construction: $25,000,000.00-$100,000,000.00.
This project is Subject to the Availability of Funds FAR 52.232-18.
Work must begin before January 1, 2023.
Note: Bid Bond is required IAW FAR 52.228-1 on Phase 2. Additionally, the w inning contractor w ill be required to provide Insurance and Performance & Payment Bonds IAW FAR 228-5 & 52.228-15, respectively.
KIMBERLY E BASS 817-886-1066
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
24-Nov-2021
(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 ________800 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X 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 ______________05 Jan 2022 (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
02:00 PM (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:
W9126G22R0051 98
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 00.2
CONTRACT LINE ITEM SCHEDULE
1.1 CLIN Schedule will be provided during Phase 2.
END OF CONTRACT LINE ITEM SCHEDULE
-- End of Section --
Section 00 21 00 - Instructions, Conditions and Notices to Offerors
SECTION 00 21 00
LOCAL INSTRUCTIONS
SECTION 00 21 00
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 BID GUARANTEE
1.14 CONTRACT PRICES - BIDDING SCHEDULE (PHASE 2 ONLY)
1.15 AVAILIBILITY OF FUNDS
1.16 NATIONAL INSITUTE OF STANDARDS AND TECHNOLOGY (NIST)
1.17 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 of the FY22 Hammerhead Barracks Renovations (B10001, B10002, B10003, and B10004) at Fort Hood, Texas. The work shall be in accordance with the Request for Proposal documents. The proposed project will be an unrestricted competitive, firm-fixed price, contract procured in accordance with FAR 15.101, Negotiated Procurement using the “Tradeoff Process”.
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 is targeted for $80,000,000.00 but may be awarded above that amount. Offerors are notified that they are under no obligation to approach this taret 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 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: CECT-SWF, Contract Specialist, Kimberly Bass 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 sam.gov website at https://sam.gov/ and Offeror can access solicitation documents by solicitation number without dashes (i.e., for sample W9126G22R0051). It is solely the Contractor’s responsibility to check the 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 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: Kimberly Bass Phone: (817) 886-1066 Email: kimberly.e.bass@usace.army.mil
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 https://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. 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 single inquiries.
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: W9126G22R0051
1.5.1.1.5 The Bidder Inquiry Key is: BRIIMC-2FKJX9
1.5.1.2 The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, 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.
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.
1.5.2 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.
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)
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:
W9126G22R0051_COMPANY NAME_TECHNICAL_PHASE_1
W9126G22R0051_COMPANY NAME_PRICE_PHASE_2
W9126G22R0051_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. Kimberly Bass.
Email address is kimberly.e.bass@usace.army.mil. Include the solicitation number in your Email Subject Line:
W9126G22R0051.
b. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers __ will or X will not be accepted.
c. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offers __ will or X will not be accepted.
d. E MAIL OFFERS. Offers received by e mail, modifications thereto, or cancellations of offers __ will or X will not be accepted.
1. PREPROPOSAL CONFERENCE / SITE VISIT
X 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) 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.
(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.
(3) Hard copies will not be submitted.
(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”.
(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 (larger page sizes 8.5” x 14” or 11” x 17”, where authorized, will count as 1 page).
(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.
(8): Within three (3) days of contract award, the contractor receiving the award shall submit their conformed proposal X 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. BID GUARANTEE (PHASE 2 ONLY)
A Bid Guarantee is not required for the Phase 1 proposal submission. A Bid Guarantee will be required 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.
1.14. 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.
1.15 AVAILIBILITY OF FUNDS
See Section 00 72 00, Clause 52.232-18, Availability of Funds.
1.16 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)
Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered for award. Those without a NIST score in SPRS will be deemed NON-RESPONSIVE and thus not evaluated/considered for award.
1.17 SOLICITATION PROVISIONS
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 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 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction
Materials Under Trade Agreements
MAY 2014
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
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM
(ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
(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 (https://assist.dla.mil/wizard/index.cfm);
(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.
52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be ( ) DX rated order; ( X ) DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.
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.
52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
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 Twenty (20%) percent of the bid price or $3,000,000, 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)
(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—
The Site Visit will be in Phase 2 of this Solicitation. See Section 00 21 30 for site visit information.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(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.
UAI 5122.1302-100
UAI 5122.1302-100 Scope of subpart. For contracts that require the inclusion of FAR clause 52.222-35, Equal Opportunity for Veterans, the requiring activity shall incorporate the following text in the general requirements section of the specification/performance work statement/statement of work/statement of objectives.
Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/
- Federal Veteran Employment Information: https://www.fedshirevets.gov/
- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/
- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html
- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes
(End of special contract requirement)
SECTION 00 21 30
SITE VISITS
PART 1 SITE VISIT will be provided during Phase 2
DOCUMENT 00 21 30 Page 1
Section 00 22 10 - Phase 1 of a 2 Phase-Design Build Selection Procedures
PHASE 1 OF 2 PHASE DESIGN-BUIL
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 – PAST PERFORMANCE
5.1. SUBMISSION REQUIREMENTS
5.2. RELEVANCY EVALUATION CRITERIA
5.3. CONFIDENCE EVALUATION CRITERIA
6.0 Volume 1 - TAB C – FACTOR 2 – ORGANIZATION AND TECHNICAL APPROACH
6.1. SUBMISSION REQUIREMENTS
6.2. EVALUATION CRITERIA
7.0 PHASE 1 EVALUATION PROCEDURES
7.1. SOURCE SELECTION EVALUATION BOARD (SSEB)
7.2. EVALUATION
7.3. EVALUATION AND RATING SYSTEM
7.4. DEFINITIONS
7.5. PAST PERFORMANCE RATINGS
PHASE ONE – SECTION 00 22 10 ATTACHMENTS
ATTACHMENT 1 – PROPOSAL DATA SHEETS
ATTACHMENT 2 – CONSTRUCTION - PAST PERFORMANCE ASSESSMENT WORKSHEET
ATTACHMENT 3 – DESIGNER - PAST PERFORMANCE ASSESSMENT WORKSHEET
ATTACHMENT 4 – COMPANY PAST PERFORMANCE QUESTIONNAIRE
1.1 This is a “best value” solicitation for the design and construction of four existing Hammerhead Barracks Renovation, 10000 block to include B10001, B10002, B10003, & B10004 at Fort Hood, Texas. Each barracks building is 3- Stories, has a basement, and includes Company Operations Facilities that contain two arms vaults and two NBC (nuclear, biological, chemical) suite storage. Renovations will include: Complete renovation of, the basement NBC (nuclear, biological, chemical) suite storage, basement arms rooms, excavation of the basement crawl space and renovation into TA50 locker rooms, first floor COF, Standing Seam Metal Roofs, Exterior Finishes, Interior Finishes (Walls/Ceilings/Floors), Reconfiguration of 2nd and 3rd Floors Barrack Rooms, Replacement of underground chilled water piping, New HVAC Systems (DOAS, Hydronic Boilers, Fan Coil Units), Plumbing Systems, Fire Protection Systems, Lighting & Electrical Systems, Telecommunication Systems, and Site Improvements (Drainage, Roadway/Sidewalk Upgrades, Utility Upgrades: Electrical, Sanitary Sewer, Domestic Water, and Natural Gas). LEED Silver is required.
Renovation shall increase the life expectancy of the Barracks by 25 years.
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 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.
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 sam.gov website at https://sam.gov/. Offerors may be contacted separately to request their approval to post their names to sam.gov.
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 as joint ventures or as 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
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
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 – PAST PERFORMANCE
5.1 SUBMISSION REQUIREMENTS
5.1.1 The Offeror’s construction and design entities shall each demonstrate past performance through the submission of similar projects, using the…
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