10R0014 Solicitation MATOC.pdf

REQUEST FOR PROPOSALS NO. W9128A-10-R-0014

Service Disabled Veteran Owned Small Business (SDVOSB) Multiple Award Task Order Contract

(MATOC) for Design-Bid-Build and Design-Build Construction Services Within the Honolulu Engineer

District Area of Responsibility

U.S. Army Corps of Engineers

HONOLULU DISTRICT

W9128A- 10-R-0014 00010-2

REQUEST FOR PROPOSALS NO. W9128A-10-R-0014

MAIN TABLE OF CONTENTS

Multiple Award Task Order Contract (MATOC) for Construction Services to include Design Build Construction Services Within the Honolulu Engineer District Area of Responsibility

Section 00010 SF 1442, Proposal Schedule

Section 00100 Instructions to Offerors

Section 00120 Proposal Submission Requirements and Evaluation

Factors

Section 00600 Representations & Certifications Appendix A (SF LLL)

Section 00700 Contract Clauses Appendix A (Wage Rates)

Section 00800 Special Contract Requirements Appendix A (Project Signs) American Recovery and Reinvestment Act Emblem

Section 00900 Directions to Building 230, Ft Shafter, Oahu, Hawaii

Instruction to Offerors

1. Offerors are required to COMPLETE AND RETURN the following sections of this solicitation: Sections 00010 and 00600 (ALL) and all Appendices. Offerors shall also follow instructions in Section 00120, “Proposal Submission Requirements and Evaluation Factors”. Please note that the representations and certifications must also be completed electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. Contractors shall also follow instructions in Section 00120, “Proposal Submission Requirements and Evaluation Factors”.

2. See Section 00700, DFARS clause 252.204-7004, Alternate A, regarding registration in the CCR database. Lack of registration in the CCR database will make an offeror ineligible for award.

J4CTSMJA

Typewritten Text

Service Disabled Veteran Ow ned Small Business (SDVOSB) Multiple Aw ard Task Order Contract (MATOC) for Design-Bid-Build and Design-Build Construction Services w ithin the Honolulu Engineer District Area of Responsibility, Indefinite Delivery and Indefinite Quantity (IDIQ).

NAICS Codes applicable to the w ork are:

236220 - COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION (Size Standard: $33.5M)

Reference FAR Clause 52.216-27 titled Single or Multiple Aw ards:

KENT A TAMAI (808) 438-9700

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 (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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

YES X NO

13. A DDITIONAL SOLICITATION REQUIREMENTS:

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

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

B. An offer guarantee is, X 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 _60__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

CONTRACTING DIVISION

USAED, HONOLULU

BLDG S230

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CA LENDAR DA YS

(hour) Sealed envelopes containing offers

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

8. A DDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128A-10-R-0014 149

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text x

J4CTSMJA

Typewritten Text x

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

SECTION 00700, 52.211-10

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

2:00PM HST

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

21 JUNE 2010

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text 21 July 2010

J4CTSMJA

Typewritten Text

* See Individual Task Orders ** See SECTION 00120, Para 2.1.1

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

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

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

19. A CKNOWLEDGMENT OF A MENDMENTS

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

AMENDMENT NO.

DATE

20A. NA ME A ND TITLE OF PERSON A UTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS A CCEPTED:

22. A MOUNT 23. A CCOUNTING A ND A PPROPRIATION DA TA

24. SUBMIT INVOICES TO A DDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DA TE

25. OTHER THAN FULL A ND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. A DMINISTERED BY

(Include ZIP Code)14. NA ME A ND A DDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

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. NA ME A ND TITLE OF CONTRACTOR OR PERSON A UTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DA TE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF A MERICA 31C. A WARD DA TE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED A GREEMENT

(M ust be fully completed by offeror)OFFER

J4CTSMJA

Typewritten Text

J4CTSMJA

Typewritten Text

J4CTSMJA

See SECTION 00010, Proposal Schedule

W9128A- 10-R-0014 00010-3

Section 00010 - Proposal Schedule

SOLICITATION NO. W9128A-10-R-0014

PROPOSAL SCHEDULE

CLIN DESCRIPTION RATES MANDAYS TOTAL

0001 Project Engineer $_______ 200 $_______________

0002 Quality Control Representative $_______ 200 $_______________

0003 Site Safety and Health Officer $_______ 200 $_______________

Subtotal $_______________

Home Office Overhead Rate ________% $_______________

Total $_______________

_____ Proposals for task order solicitations will include Facilities Capital Cost of Money

_____ Proposals for task order solicitations will not include Facilities Capital Cost of Money

Typewritten Text

W9128A- 10-R-0014 00010-4

NOTES:

1. The Offeror agrees that the rates included in Section 00010 shall be used in the pricing of all task orders and modifications issued for the life of the contract. At the end of an ordering period, the Offeror may request an equitable adjustment to the rates in Section 00010 if the new rate differs by 10% for the labor rates and 2% for the home office overhead rate. The Offeror must submit back-up documentation substantiating the proposed rate and the adjusted rate. Approval of the revised rate is subject to the approval of the Contracting Officer.

2. This requirement is set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB). Multiple awards will only be made to Service Disabled Veteran Owned Small Businesses (SDVOSB). As a SDVOSB, your application must be “verified” as a SDVOSB in accordance with PL 109-461 and approved by the Center for Veterans Enterprise (CVE).

"Verified" means that the owner(s) have applied to CVE using VA Form 0877 and that CVE has verified the service-disabled veteran status of the owner(s), and that the owner(s) own and control the small business.

More information can be found at http://www.vetbiz.gov/vip/verify.htm

3. MEASUREMENT AND PAYMENT. Compensation for all work to be performed under this contract will be made under the payment item(s) listed in the task order. Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and the cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Engineer District, Honolulu Fort Shafter Area Office, Bldg 230 Fort Shafter, HI, 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 380554-5005

4. (a) For CLINS 0001 – 0003, the man day rates includes labor, labor, burden and fringe benefits.

(b) For the Home Office Overhead Rate, it should NOT include bond premiums and State of Hawaii General Excise Tax (GET).

http://www.vetbiz.gov/vip/verify.htm�

W9128A- 10-R-0014 00100-1

Section 00100 - Instructions to Offerors

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

* As applicable in accordance with individual task orders.

Any contract awarded as a result of this solicitation will be * DX rated order; * 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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of approximately 3 to 6 Firm Fixed Price Multiple Award Task Order Contracts (MATOC) resulting from this solicitation.

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

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

W9128A- 10-R-0014 00100-2

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

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

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

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

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

(End of Provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

61.9% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

W9128A- 10-R-0014 00100-3

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is the entire State of Hawaii.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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 Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act 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 the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act 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 Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

W9128A- 10-R-0014 00100-4

(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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.225-22 NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED

GOODS--BUY AMERICAN ACT--CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods--Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act 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 the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic 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 cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 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 the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the

W9128A- 10-R-0014 00100-5 equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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.

52.233-2 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

US Army Engineer District, Honolulu Corps of Engineers, Building 230 Attn: Kent Tamai, Contracting Officer, Directorate of Contracting, CECT-POH-C Fort Shafter, Hawaii 96858-5440

(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)

* As applicable, in accordance with individual task orders.

(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— * [Insert date and time]

(c Participants will meet at— * [Insert location]

W9128A- 10-R-0014 00100-6

52.252-3 -- ALTERATIONS IN SOLICITATION. (APR 1984)A

As applicable.

As prescribed in 52.107(c), insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Solicitation (Apr 1984) Portions of this solicitation are altered as follows:

252.236-7006 COST LIMITATION (JAN 1997)

(a) Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b) An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c) Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which—

(1) Are materially unbalanced for the purpose of bringing items within cost limitations; or

(2) Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

S-1 POTENTIAL FOR ASBESTOS ABATEMENT (NOV 1998)

The Government is uncertain as to the presence of asbestos in the building(s) or structure(s) to be worked on by the Contractor. If asbestos is discovered during the work, it will be handled in accordance with statement entitled, “PRICE ADJUSTMENT FOR CONTINGENT SCOPE OF WORK”, found in Section 00800 of this solicitation.

[End of Statement]

S-2 ASBESTOS ABATEMENT (AUG 1996)

Asbestos abatement is part of the scope of work for the proposed contract. Refer to paragraphs entitled, “ASBESTOS --- (OCCUPATIONAL HEALTH AND ENVIRONMENTAL)” in Section 00800 and applicable sections of the technical specifications and drawings. The Contractor shall inform responsible representatives of their insurer(s)/surety(ies) that asbestos abatement is required for the proposed contract.

S-3 PRE-AWARD INFORMATION

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P91_14019�

W9128A- 10-R-0014 00100-7

Each bidder or offeror shall, upon request of the contracting officer, furnish information on whether he is now or ever has been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such other information as will tend to show the bidder’s or offeror’s ability to prosecute the required work. The ‘such other information’ referred to above shall include but is not limited to the following:

a. The name and address of the office or firm under which such similar work was performed.

b. A list of key personnel available for the instant project and their qualifications.

c. A copy of bidder’s or offeror’s last three (3) financial statements, including the names of banks or other financial institutions with which the bidder or offeror conducts business. If the latest financial statement is more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, the changes that have taken place. Such statement will be treated as confidential.

d. A list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

Work includes design bid build and design build construction projects to that involve but not limited to such areas as civil, architectural, structural, mechanical, electrical, security, communications, asbestos removal and lead abatement.

(b) Estimated Price Range: The estimated price range of this work is:

The maximum dollar value that the Government will order under all of the contracts awarded will be $49,000.000.00. There is no maximum obligation amount per base or option period. The guaranteed minimum quantity the Government intends to obligate to each awarded contract is $1,000.00.

S-36.33 NOTIFICATION TO OFFERORS – ACCESS TO ARMY INSTALLATIONS.

All vehicle operators must be prepared to provide a valid driver’s license, vehicle registration, certificate of insurance and current safety inspection to the security guard prior to entry to the Installation. Offerors should anticipate a delay in entering the Installation and allow sufficient time when attending a site visit or pre-proposal conference or hand delivering an offer.

S-36.37 COST LIMITATION - JUNE 1999

The contract award for design and construction shall not exceed $____*____ for this project. Offerors are under no obligation to approach this amount.

W9128A- 10-R-0014 00100-8

S-36.38 COST LIMITATION - TARGET CEILING - JUNE 1999

The target ceiling for contract award for design and construction is $_____*______, based on the funds made available for this project. The Government cannot guarantee that additional funds will be made available for award.

Offerors are under no obligation to approach this ceiling.

S-36.4 PRE-PROPOSAL CONFERENCE (JUL 1995)

a. A pre-proposal conference will be conducted by the Government on June 30, 2010 starting at 1300 hrs (Hawaii Standard Time) in Building 230, Conference Rooms 322/323, Fort Shafter, Oahu, Hawaii. All planholders (prime contractors, subcontractors, and suppliers) are urged to attend this conference. Planholders who plan to attend should notify the Government of the number of attendees before the date of the conference. Notification can be made as follows:

(1) Telephone: (808) 438-8578 Point of Contact: Mary J Abbott

(2) Facsimile: (808) 438-8588

(3) Mail: U.S. Army Engineer District, Honolulu Corps of Engineers, Bldg 230 ATTN: CECT-POH-C (Mary J Abbott) Fort Shafter, Hawaii 96858-5440

b. Any questions planholders may have concerning the project, plans, or specifications should be submitted in writing, on letterhead stationery, sufficiently in advance of the conference, to permit preparation of answers, which will be provided at the conference. The questions should be faxed as soon as possible, and followed by an original through mail. Use the facsimile number and address shown in paragraph a. above. During the conference, written, signed questions will be accepted, and will be answered during the conference if time permits.

c. A complete record of the conference, including questions raised by planholders and answers provided by the Government, will be made and a copy furnished to all planholders. However, any answer, clarification, or explanation given at the conference will not qualify or change the terms of the request for proposal (including the plans and specifications). Unless the request for proposal is amended in writing, it will remain unchanged. If an amendment to the request for proposal is issued as a result of the conference, normal procedures relating to issuance and acknowledgement of receipt will apply.

d. All costs incurred to attend and participate in the pre-proposal conference and any site visits (see paragraph e.

below) will be at the expense of the planholder. This includes, but is not limited to, the cost of transportation, per diem, and hotel accommodations.

e. Refer to provision entitled SITE VISIT (CONSTRUCTION) in Section 00100 for information on the pre-proposal site visit.

S-4.1 JOINT VENTURE OFFERORS (JUN 2003)

All Offerors in a Joint Venture shall submit their executed joint venture agreement. In addition, Joint Venture firms must obtain/submit their tax identification number (TIN), Data Universal Numbering System (DUNS) No., Section 00600, Representations and Certifications and register in Central Contractor Registration (CCR) as a joint venture.

W9128A-10-R-0014 00120-1

SECTION 00120

PROPOSAL SUBMISSION REQUIREMENTS

AND EVALUATION FACTORS

1.0 GENERAL

1.1. Cost of Preparing Proposals

The Government will not reimburse any Offeror any costs incurred in responding to this Request for Proposal.

1.2. Inquiries

Address all inquiries regarding this Request for Proposals to:

U.S. Army Engineer District, Honolulu Attn: Kent Tamai (CECT-POH-C) Building 230 - Room 103 Fort Shafter, Hawaii 96858-5440 Phone No. (808) 438-9700 Fax No. (808) 438-8588 E-Mail: kent.a.tamai@usace.army.mil

1.3 Submittal of Proposals

Submit proposal packages to the US Army Corps of Engineers (“the Government”) as shown in Block 8 of Standard Form 1442.

Proposals received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (c), found in Section 00100.

1.4 Proposal Evaluation

Numerical scores and other point-scoring techniques will not be used in the evaluation process. Each factor will be rated on an adjectival rating system. The Government will evaluate offers in accordance with the NON-PRICE EVALUATION FACTORS described in paragraph 2.5 of this section and the offeror’s proposed total price.

1.5 Contract Award

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the proposal determined to represent the best value—the proposal most advantageous to the

W9128A-10-R-0014 00120-2

Government, price and other factors considered.

The Government intends to evaluate proposals and award the contract without discussions with offerors. However, the Government reserves the right to conduct discussions upon the determination and recommendation of the Source Selection Authority (SSA). Therefore, each initial offer should contain the offeror’s best terms from a technical and price standpoint.

The tradeoff process is selected as appropriate for this procurement. The government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406.

2.0 PROPOSAL FORMAT

2.1 General

Proposals shall be submitted in two (2) separate envelopes. All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. bold face print or underlining. Proposal replacement pages shall be clearly marked “REVISED”, shall show the date of revision, and shall be submitted in the appropriate number of copies (e.g., if four copies of the original page was required, then four copies of the revised page will also be required).

2.1.1 Volume I, Non-Price Proposal

One envelope shall be clearly marked, “VOLUME I, NON-PRICE PROPOSAL, RFP NO. W9128A-10-R-0014. It shall contain an original and five (5) copies of the items provided in response to the Non-Price Factors described in paragraph 2.5.

Volume I shall also include the following:

• Original and two copies (certified as a true copy) of the Offeror’s executed joint venture agreement (if the Offeror is a joint venture).

• Non-price Factors I and II

2.1.2 Volume II, Price Proposal

The second envelope shall be clearly marked, “VOLUME II, PRICE PROPOSAL, RFP

NO. W9128A-10-R-0014.

Volume II shall also include the following:

W9128A-10-R-0014 00120-3

• Original and two copies of the Offeror’s completed Standard Form (SF) 1442, using a printed copy of the SF 1442 included in this solicitation for the contract.

• Original and two copies of Section 00010, Price Proposal Schedule. Indicate whether or not Facilities Capital Cost of Money is included in the Offeror’s costs of performing the work. Proposals that state that Facilities Capital Cost of Money is not included, or proposal that do not address Facilities Capital Cost of Money, will be deemed to have waived Facilities Capital Cost of Money.

• Original and two copies of the Offeror’s completed Section 00600, Representations and Certifications, using a printed copy of Section 00600 included in this solicitation. Please note that the representations and certifications must also be completed electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

• Original and two copies of the Offeror’s completed, if applicable, SF LLL, Disclosure of Lobbying Activities, using a printed copy of the SF LLL included as Appendix A in Section 00600.

2.1.4 Table of Contents

Proposal volumes shall be tabbed. Each of the proposal volumes shall include a Table of Contents that includes the title of the subject matter discussed therein and the page number where the information can be found. Volumes I & II shall be organized in the same order listed in paragraph 2.4 of this Section. Each evaluation factor shall be separately tabbed. Proposals that are not correctly tabbed may be considered non-responsive.

2.2. Proposal Presentation

Prepare proposals in the English language.

Proposals shall completely address the requirements of the RFP. Elaborate format, binders, special reproduction techniques, and the like are not necessary. However, the proposal shall be neatly organized and bound. All pages, except divider tabs, shall be numbered. Except for divider tabs and revisions sheets, as noted above, plain white 8- 1/2” x 11” bond shall be used. However, if drawings or other graphics are included, Offerors may reduce them only to the extent that legibility is not lost.

Pages shall be single-sided, numbered, and shall be typed. Type pitch shall be 10 pitch or larger.

http://orca.bpn.gov/�

W9128A-10-R-0014 00120-4

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the tab for each factor.

2.3 Proposal Content

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors set forth below in paragraph 2.5, “VOLUME I, NON-PRICE PROPOSAL”.

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e), which is found in Section 00100 of this solicitation. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

The proposal must set forth full, accurate, and complete information as required by this solicitation. The Government will rely on such information in the award of a contract.

2.4 Evaluation Factors

Proposals will be evaluated on the factors listed below. Offerors are required to provide data addressing all stated factors in a clear and understandable format. If an Offeror does not have data relating to a specific factor, it shall be clearly stated in the proposal.

Proposals that do not clearly address all factors may be considered non-responsive and may not receive further consideration.

NON-PRICE FACTORS (Volume I):

Factor I, Experience

Factor II, Past Performance

PRICE (Volume II)

2.4.1 Relative Importance of Evaluation Factors

In accordance with FAR 15.304(e) section entitled Evaluation Factors and Significant Subfactors, the solicitation shall state whether all evaluation factors other than cost or price, when combined are significantly more important than cost or price or approximately equal to cost or price. For this contract action, the technical factors when combined will be significantly more important than price as further defined below:

(1) Evaluation Factors I and II are equal to each other.

W9128A-10-R-0014 00120-5

(2) Evaluation Factors I and II when combined are significantly more important than price.

2.5 Volume I, Non-Price Proposal

Data provided in response to the non-price factors described below shall be included in Volume I, “Non-Price Proposal”. Only data from the Offeror will be evaluated. If the Offeror is a joint venture, the Offeror must provide evidence of a binding teaming agreement or other contractual agreement, which creates legal responsibility on the part of all contractors in the joint venture.

2.5.1 Relevant Contracts

Offerors shall identify a maximum of 4 contracts. For a contract to be considered relevant, the contract must have been awarded to the Offeror and have been declared substantially complete between 01 Jul 2005 and the closing date of this solicitation.

Relevant contracts shall include construction projects over $500,000.00. For design-build contract, a contract is considered substantially complete if the construction portion is 50% complete.

Offerors shall include a breakdown and discussion of various contract elements, such as but not limited to:

(a) type specifications: design-bid-build or design-build,

(b) prime contractor or subcontractor,

(c) type of construction: office building, barracks, warehouses, housing, hangars, road work, site improvement, etc.

(d) diverse construction experience: civil, architectural, structural, mechanical, electrical, security, communications, asbestos removal, and lead abatement

Single or Multiple Award task order contracts, such as Job Order Contracts, Indefinitely Delivery, Indefinite Quantity Contracts, Multi-trade Contracts, etc. are not considered relevant contracts, even if the total value of the contract is over $500,000. However, an individual task order that exceeds $500,000 may be considered as a relevant contract.

If the Offeror intends to rely on its joint venture partner’s experience, the Offeror shall submit a Contract Data Sheet and narrative description for the joint venture partner’s relevant contract(s). Each joint venture partner may submit a maximum of 3 relevant contracts.

2.5.2 Factor I, Experience

Offerors experience will be evaluated based on recent relevant experience in contracts.

Proposals that include relevant contracts with higher dollar values and/or higher levels of complexity may be rated higher.

Data provided in support of this factor shall clearly demonstrate the Offeror’s ability to meet the requirements of the contract based on its experience on relevant contracts as

W9128A-10-R-0014 00120-6 defined in paragraph 2.5.1. Only experience relevant to these contracts will be considered.

For each Relevant Contract submitted as defined under Para 2.5.1 above, a Contract Data Sheet shall be completed. This sheet is included as Attachment 1 to this section.

All requested information must be provided. Failure to provide any of the requested data may be cause to eliminate a contract from consideration in the evaluation. Only the form provided as Attachment 1 will be accepted. Data submitted in any other format will be eliminated from consideration.

The Offeror shall provide a narrative description on each relevant contract included in its proposal in the Contract Data Sheet. The narrative shall clearly explain how the contract fulfills the experience for which it is being submitted. No more than five (5) pages shall be submitted for each contract, including the Contract Data Sheet and any continuation pages. Pages exceeding this 5-page limit will not be considered.

The Offeror must demonstrate the ability to obtain a minimum of bonding amount of $500,000 per single contract and $1.5M aggregate for all contracts. The bonding capability will be evaluated to determine risk of performance. A bonding capacity higher than the minimum bonding amounts will be evaluated with a lower performance risk.

Offerors experience will be evaluated based on recent relevant experience in contracts.

The Government will evaluate the extent of recent, related experience, degree of relationship of such experience to the varied types of work that can be anticipated under this contract, and demonstrated familiarity with applicable codes and local conditions. The Government will place greater value on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Some examples of relevancy may include, but are not limited to:

(1) type of work (e.g., office building, barracks, warehouses, housing, hangars, road work, site improvement, etc.)

(2) type of specification (design-build or design-bid-build)

(3) complexity of work and diversity of construction experience (more complex levels and greater diversity may be rated as lower risk)

(4) size of previous contracts (higher dollar values may be rated as lower risk)

(5) Dates (completed or substantially complete on or after 1 July 2005)

(6) Offerors role (prime contractor or subcontractor) and extent of work self-performed

2.5.2.1 Evaluation Standards

Excellent The Offeror provided relevant projects which included design bid build and design build projects. Projects identified shows the Offeror has strengths that will significantly benefit the Government. The proposal contains no significant weaknesses or deficiencies and presents overall very low risk that it will not be successful.

Good The Offeror provided relevant projects which included design bid

W9128A-10-R-0014 00120-7 build and design build project. Projects identified shows the Offeror has strengths that will benefit the Government. Any weaknesses noted in the proposal are minor and should not seriously affect the Offeror’s overall performance and presents low risk that it will not be successful.

Satisfactory The Offeror provided relevant projects. Projects identified shows the Offeror may include both strengths and weaknesses of substance, where strengths are not outweighed by weaknesses. Collectively, strengths and weaknesses are likely to result in overall acceptable performance. The risk of unsuccessful performance is low to moderate

Marginal The Offeror has provided relevant projects. Projects identified shows the Offeror only marginally meets performance or capability standards necessary for minimal, but acceptable contract performance. The risk of unsuccessful performance is high.

Unsatisfactory The Offeror failed to provide relevant projects or did not meet the Marginal requirements above. The Offeror failed to submit a letter from their proposed surety or submit a letter from their proposed surety with the minimum bonding amounts.

2.5.2.2. Submission Requirements

(1) Contract Data Sheets on relevant contracts as stated in paragraph 2.5.2

(2) The Offeror shall submit a letter from their proposed surety stating the maximum single contract bonding amount (minimum of $500,000) and the aggregate amount for all contracts (minimum of $1.5M).

2.5.2.3. Definitions

The following definitions are provided to assist evaluators in the evaluation process.

Strength: Means an aspect of a proposal that appreciably decreases the risk of unsuccessful contract performance or that represents a significant benefit to the Government.

Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance.

W9128A-10-R-0014 00120-8

Significant Weakness: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Uncertainty: Any aspect of the proposal for which the intent of the offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

Deficiency: Proposal has a material failure to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

2.5.3 Factor II, Past Performance

Data provided in support of this factor shall clearly demonstrate the Offeror’s ability to meet the requirements of the contract based on his documented past performance history on submitted relevant contracts.

The Government will perform a risk assessment, considering the degree of success of the offerors recent relevant experience, including the various contract elements stated in Para 2.5.1. The Government will consider the currency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The Government will utilize the offeror’s contract data sheet and the answers submitted in the Performance Evaluation Questionnaire (Attachment

2) to evaluate any special conditions affecting work, quality control, effectiveness of management, timely performance, compliance with safety standards, and overall performance. The Government also places a higher value on projects, which document successful outcomes and are supported by outside source confirmation, for example, but not limited CPARS/CCASS/ACASS or other agency performance databases, offeror furnished references, or personal knowledge. The Government also places a higher value on projects, which provided particularly difficult or unique challenges and the innovative methods the contractor used to resolve problems successfully. The Government’s evaluation is not limited to past performance information on the cited example projects. Past performance information related to the applicable projects submitted for experience may be afforded more importance than other sources of past performance information or projects.

Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant. An entity may not establish past performance based on the past performance of its proposed key personnel, apart from that of the entity.