09R0033-updated.pdf

SPECIFICATIONS

SOLICITATION NO. W9128F-09-R-0033

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS

SMALL CONSTRUCTION PROJECT INDEFINITE

DELIVERY TYPE (SCPIDT)

CONTRACT

NORTH DAKOTA

MARCH 2009

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

TOC - 1

SPECIFICATIONS FOR

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SMALL CONSTRUCTION PROJECT INDEFINITE DELIVERY TYPE (SCPIDT)

FOR

NORTH DAKOTA

W9128F-09-R-0033

TABLE OF CONTENTS

CONTRACT REQUIREMENTS

SF 1442 Solicitation, Offer, and Award Section 00 11 00 Proposal Schedule Section 00 21 00 Instructions, Conditions, and Notices to

Offerors Section 00 22 00 Proposal Instruction, Submission Requirements, and Evaluation Section 00 45 00 Representations, Certifications, and Other

Statements of Offerors Section 00 72 00 Contract Clauses Section 00 73 00 Special Contract Clauses Section 01 30 00.24 Other Administrative and Special Requirements Section 01 32 01.00 10 Project Schedule Section 01 33 00 Submittal Procedures E4025 Transmittal Form Section 01 35 26 Governmental Safety Requirements Section 01 45 01 USACE Quality Control Section 01 45 01.10 USACE Quality Control System (QCS) Section 01 74 19 Construction and Demolition Waste Management Section 01 78 23 Operation and Maintenance Data Section 01 78 36.00 24 Warranty of Construction Section 01 78 39.00 24 As-Built Drawings

00 11 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

13 MAR 2009

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Avenue Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT)

9. FOR INFORMATION

CALL:

A. NAME

Cheryl Bunting

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

(402) 995-2078

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

This solicitation is restricted to Service-Disabled Veteran-Owned Small Business contractors only.

Small Construction Project Indefinite Delivery Type (SCPIDT) Contract: Work will consist of a wide range of minor construction services at sites in North Dakota which will be administered by the Black Hills Area Office.

Projects will be incorporated into the Contract by Task Orders. (See Section 00 73 00) Performance time will consist of a two (2) year Basic Period and one (1) Option period of three (3) years or until the $14,000,000 cumulative limit is reached, whichever comes first. The maximum value of the contract is $14,000,000; this will be divided via competition and will not necessarily be split into two $7,000,000 contracts. The minimum guarantee amount for the base period is $10,000. There is no minimum guarantee amount for the option periods. There is no dollar limit to either the yearly amount or the task order amount.

Up to two (2) contracts may be awarded under this solicitation.

Requirements for performance and payment bonds will be applicable to the individual task order(s).

11. The Contractor shall begin performance within _10_________ calendar days and complete it within __**___ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (** - SEE SECTION 00 73 00 ___ Calendar Days or the number of days proposed in the Offer, whichever is less. See the Contract Line Item Schedule.)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _1____ copies to perform the work required are due at the place specified in Item 8 by__1400___ (hour) local time _14 APR 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than __90______ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

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

00 11 00 - 2

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

DUNS Number:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ** calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

SEE ATTACHED CLIN PRICING SCHEDULE

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

PROPOSING SCHEDULE

The following home office overhead rates will be utilized in any resulting Task Orders issued under this contract during the basic period*:

Base Period _____% Hourly Labor Rate _____%

* Overhead rates for option period will be negotiated prior to exercising the option.

Actual pricing and profit will be negotiated for each individual task order.

SECTION 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

(6/07; Rev 10/08)

INDEX

Attachment: Required Central Contractor Registration

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

2 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

3 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

4 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

5 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

6 DFARS 252.215-7003 EXCESSIVE PASS-THROUGH CHARGES – IDENTIFICATION OF

SUBCONTRACT EFFORT (MAY 2008)

7 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

8 DEFINITION OF "DESIGN-BUILD" PROCESS

9 SOLICITATION RESTRICTIONS

9.1 GENERAL CONTRACTOR

9.2 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

9.3 RETURN ADDRESS REQUIREMENTS

10 CHANGES PRIOR TO RECEIVING OFFERS

11 SMALL BUSINESS SIZE STANDARD.

12 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

13 OFFEROR'S QUESTIONS AND COMMENTS.

14 GENERAL DESCRIPTION OF WORK

15 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

16 SOURCE SELECTION BOARD (SSB)

17 TAXES - NORTH DAKOTA

17.1 UNEMPLOYMENT TAX SURCHARGE

17.2 USE TAX

SECTION 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

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

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

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1- 866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(End of provision)

2 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

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

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

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

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

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

Department of Defense Single Stock Point (DoDSSP) by—

SECTION 00 21 00 Page 3

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

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

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile

(215) 697-1462.

3 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a maximum of two firm fixed price Indefinite Delivery Indefinite Quantity contracts resulting from this solicitation.

4 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 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 District Counsel, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

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

5 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the

Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

SECTION 00 21 00 Page 4

6 DFARS 252.215-7003 EXCESSIVE PASS-THROUGH CHARGES – IDENTIFICATION OF

SUBCONTRACT EFFORT (MAY 2008)

(a) Definitions. “Added value,” “excessive pass-through charge,” “subcontract,” and “subcontractor,” as used in this provision, are defined in the clause of this solicitation entitled “Excessive Pass-Through Charges”

(DFARS 252.215-7004).

(b) General. The offeror’s proposal shall exclude excessive pass-through charges.

(c) Performance of work by the Contractor or a subcontractor.

(1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.

(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal—

(i) The amount of the offeror’s indirect costs and profit applicable to the work to be performed by the subcontractor(s); and

(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).

(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal—

(i) The amount of the subcontractor’s indirect costs and profit applicable to the work to be performed by the lower-tier subcontractor(s); and

(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).

7 (FAR 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.

SECTION 00 21 00 Page 5

(b) There may be a site visit held at the Task order site. Registration information for any site visit will be provided in each Task Order.

8 DEFINITION OF "DESIGN-BUILD" PROCESS

The "Design-Build Process is the procurement of a facility utilizing a Request for Proposal (RFP) to solicit for the design and construction of a facility by a single contractual entity. The contractual entity may be a "Design-Build" firm, or joint venture between an architect-engineer (A-E) and construction firm, or a construction management (CM) firm joint venture with an A-E and a construction firm.

9 SOLICITATION RESTRICTIONS

9.1 GENERAL CONTRACTOR

This solicitation is restricted 100% to Service-Disabled Veteran-Owned Small Business interests.

9.2 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISTION, subparagraph “(c) Submission, modification, revision, and withdrawal of proposals.” below for acceptable methods. Note: Electronic commerce or facsimile are not acceptable methods, unless indicated otherwise.

9.3 RETURN ADDRESS REQUIREMENTS

Offeror(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1616 Capitol Avenue, Omaha, Nebraska 68102-4901 if it does not contain a return mailing address. THERE WILL BE NO

EXCEPTIONS.

10 CHANGES PRIOR TO RECEIVING OFFERS

The right is reserved, as the interest of the Government may require, to revise the specifications prior to the date set for receiving offers. Such revisions will be announced by an amendment or amendments to this Request For Proposal.

11 SMALL BUSINESS SIZE STANDARD.

The small business size standard for this procurement is $14.5 million in

SECTION 00 21 00 Page 6 gross annual receipts for the preceding 3 fiscal years.

12 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

In accordance with Sector 23 of the NAICS Manual, the work in this solicitation is assigned classification code 238990.

13 OFFEROR'S QUESTIONS AND COMMENTS.

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to: U.S. Army Corps of Engineers, Omaha District, ATTN:

CENWO-CT-M 1616 Capitol Avenue, Omaha, NE 68102-4901. E-mail addresses, FAX numbers, items for question and points of contact are listed below.

Phone calls with questions should be made between 8:30 a.m. and 3:30 p.m.

(Central Standard Time) Monday through Friday.

Note: A courtesy copy of all questions shall be sent to the Contract Specialist (Contractual Matters Point of Contact), the Program Manager and the Specifications Section (Technical Contents Points of Contact), except for Small Business questions. Small Business questions shall go to the Small Business Matters point of contact.

Items for Question Points of Contact/ E-mail Addresses Phone numbers/ FAX Numbers

Contractual Matters: Cheryl Bunting Cheryl.A.Bunting@usace.army.mil 402-995-2078 (phone)

Small Business Hubert Carter Hubert.J.Carter@usace.army.mil Matters 402-995-2910 (phone)

Technical Contents Program Manager Debora.A.Morrissey@usace.army.mil Of Proposal Debora Morrissey Documents 402-995-2044 (phone)

Or

Specifications Joel.D.Woods@usace.army.mil Section Joel Woods 402-995-2186 (Phone)

Site Inspection See Paragraph: SITE VISIT (CONSTRUCTION), above

14 GENERAL DESCRIPTION OF WORK

SECTION 00 21 00 Page 7

This contract is an Indefinite Delivery/Indefinite Quantity type (IDIQ) contract for miscellaneous military and civil projects in the Omaha District boundary. There is one two (2) year period of performance under the basic contract with an option to extend the contract one additional three (3) year period. Total contract period of performance including basic and option period will not exceed 5 years. This contract requires the contractor to furnish all plant, labor, materials, and equipment to perform a wide variety of design-construction or construction features to include but not be limited to: highway work, heavy construction work, building construction, minor hazardous toxic waste remediation work, mechanical work, and electrical work. The scope of work and authority to perform the work will be accomplished using task orders executed by the Contracting Officer.

The intent of this contract is to provide the means to accomplish relatively minor projects in an expeditious and cost efficient manner. Many of the projects will have very limited design and most will have performance specifications. The contractor will be expected to provide high quality materials, equipment and workmanship without the need of specifications, written direction, or prompting from Government representatives.

The ability and willingness of the contractor to produce a complete and effective work plan and to provide fair and reasonable price proposals in the initial submittal of these items is critical to the success of this contracting method.

15 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

See Section 00 22 00 PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS, AND

EVALUATION.

16 SOURCE SELECTION BOARD (SSB)

The Contracting Officer has established a Source Selection Board to conduct an evaluation of each proposal received in response to this Solicitation. The evaluation will be based exclusively on the merits and content of the proposal and any subsequent discussion required. The identities of the SSB personnel are confidential, and any attempt by the proposers to contact these individuals is prohibited.

Note: In addition to the requirements of FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES the following known taxes are applicable for the state of North Dakota.

17 TAXES - NORTH DAKOTA

17.1 UNEMPLOYMENT TAX SURCHARGE

The State of North Dakota has enacted legislation applicable to certain some contractors concerning an unemployment tax surcharge. See the North Dakota Century Code, Section 52-04-06.1, Incremental Bond for Impact Projects. The

SECTION 00 21 00 Page 8 law provides for an unemployment tax surcharge in addition to regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to Job Service of North Dakota, Post Office Box 1537, Bismarck, North Dakota 58502. Telephone: (701) 224-3470 (Department of Revenue).

17.2 USE TAX

Bidders are advised of the possible applicability of North Dakota Use Tax.

Government furnished Construction material used by the Contractor may be subject to Use Tax. The value of material furnished is set forth in the Section 00 73 00, SPECIAL CONTRACT REQUIREMENTS Clause "Government-Furnished Property." Specific inquiries as to the applicability of North Dakota Use Tax should be referred to the North Dakota State Tax Commission.

SECTION 00 21 00 Page 9

REQUIRED CENTRAL CONTRACTOR REGISTRATION (CCR)

Register Now: Don’t wait until you submit an offer on a solicitation. You must be registered to receive the contract award. It can often take 30 days for CCR to process your registration information.

Register One of Three Ways:

Internet: http://www.ccr.gov

Value Added Network (VAN) for EDI users: Contact your VAN for information. If you need to find a VAN look at http://www.acq.osd.mil/ec/ecip/van_list.htm

FAX or Mail: Call (888)227-2423 or (616)961-4725 to receive a registration package. FAX or mail the completed information to the CCR Assistance Center. It can take up to 30 days to process a faxed or mailed package.

CCR Assistance Center 74 Washington Street North, Suite 7 Battle Creek, MI 49017-3084

FAX: (616)961-7243

Service-Disabled Veteran-Owned Small Business SCPIDT, North Dakota

SECTION 00 22 00 Page 1

SECTION 00 22 00

PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS, AND EVALUATION

1. PROPOSAL SUBMISSION

1.1. WHERE TO SUBMIT

1.2. SUBMISSION DEADLINE

1.3. RETURN ADDRESS REQUIREMENTS

2. PROPOSAL REQUIREMENTS AND FORMAT

2.1. PROPOSAL FORMAT

2.2. VOLUME I PROPOSAL FORMAT

2.3. VOLUME II PROPOSAL FORMAT

3. EVALUATION OF PROPOSALS

4. RELATIVE IMPORTANCE OF EVALUATION FACTORS

5. VOLUME I (SUBMITTALS & EVALUATION)

5.1 TAB 1 – CONTRACT DOCUMENTATION

5.2 TAB 2 – CONSTRUCTION EXPERIENCE

5.3 TAB 3 - PAST PERFORMANCE, CONSTRUCTION

5.4 TAB 4 - QUALIFICATIONS OF CONSTRUCTION OFFICE & PERSONNEL/MECHANICAL &

ELECTRICAL SUB-CONTRACTORS

5.4.1 PART 1 – CONSTRUCTION OFFICE & PERSONNEL

5.4.2 PART 2 – MECHANICAL/ELECTRICAL SUB-CONTRACTORS

5.5 TAB 5 – DESIGN EXPERIENCE

5.6 TAB 6 – PAST PERFORMANCE, DESIGN

5.7 TAB 7 – QUALIFICATIONS OF DESIGN OFFICE & PERSONNEL

5.8 TAB 8 – PROJECT MANAGEMENT PLAN

6. VOLUME II - PRICE

6.1. TAB 9 – PRICE

7. EVALUATION CRITERIA

8. CLARIFICATIONS, COMMUNICATIONS, AND DISCUSSIONS

9. FINAL PROPOSAL REVISIONS

10. AWARD OF CONTRACT

SECTION 00 22 00 Page 2

SECTION 00 22 00

PROPOSAL SUBMISSION AND EVALUATION

1. PROPOSAL SUBMISSION

See also FAR Clause 52.215-1, Section 00 21 00, INSTRUCTIONS TO OFFERORS—

COMPETITIVE ACQUISITION.

1.1. WHERE TO SUBMIT

Offerors shall submit their proposal packages to the USACE Contracting Activity at the address shown in Block 8 of Standard Form 1442.

1.2. SUBMISSION DEADLINE

Offers shall be submitted at the location stated and by the time and date as specified in Section 00 11 00, Page 1.

Due to heightened security at Government installations, those Offerors who have their proposals hand-delivered shall contact Cheryl Bunting, Contract Specialist at (402) 995-2078 or (402) 995- 2080 prior to delivering to the U.S. Army Corps of Engineer District, 1616 Capitol Ave., Suite 9000, Omaha, NE 68102-9000.

On the date specified and for thirty (30 minutes) prior to the specified time, a Contracting Representative will be in the lobby to receive proposals. At 1400 local time, it will be announced that receipt of proposals is closed. Official time will be established by clock located in the area where proposals are received.

1.3. RETURN ADDRESS REQUIREMENTS

Offeror(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1616 Capitol Avenue, Omaha, NE 68102, if it does not contain a return mailing address. There will be no exceptions.

SECTION 00 22 00 Page 3

2. PROPOSAL REQUIREMENTS AND FORMAT

2.1. PROPOSAL FORMAT

All proposals shall contain the evaluation requirements stated herein. All written information and data shall be in an 8½” x 11” format and shall be provided in a standard 3–ring binder.

Every binder shall contain: Table of Contents, List of Tables or Figures (if required) and List of Appendices. Contents shall follow the order of the evaluation criteria and pages shall be numbered. Only written proposals will be accepted. Oral, electronic, and facsimile proposals will not be accepted.

Firms submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and dollars are expended in preparing information required by the RFP. Data submitted must reflect the designer's interpretation of criteria contained in the RFP.

Unnecessarily elaborate or voluminous brochures or other presentations, beyond those sufficient to present a complete and effective response, are not desired and may be construed as an indication of the firm's lack of cost-consciousness. Elaborate artwork, expensive paper and bindings, and expensive/extensive visual and other presentation aids are unnecessary and may be evaluated unfavorably.

Technical proposals will be evaluated for conformance with the minimum RFP criteria, and for the extent to which they exceed those criteria. While the intent is to keep the pre-award design effort to a minimum, proposals must provide adequate detail for evaluators to determine how the proposals meet or exceed the RFP criteria. It must also form sufficient basis for a fair and reasonable price proposal.

Proposal clarity, organization (as stated in this solicitation) and cross-referencing are mandatory.

Referenced information or material (information not part of proposal) may be considered non-conforming to the solicitation requirements and evaluated less favorably.

Volume 1 shall be limited to a maximum of 125 (one hundred twenty-five) pages.

2.2. VOLUME I PROPOSAL FORMAT

All Volume I proposals shall be submitted in a single 3-ring binder labeled as Volume I with tabs separating the factors shown on the table below. The original plus 4 copies of Volume I should be submitted.

VOLUME/TAB EVALUATION

FACTOR/SUBFACTOR

Volume I, Tab 1 Contract Documentation Volume I, Tab 2 Construction Experience

Volume I, Tab 3 Past Performance, Construction

SECTION 00 22 00 Page 4

Volume I, Tab 4 Qualifications of Construction Office and Personnel/Mechanical and Electrical Subcontractors

1) Construction Office & Personnel

2) Mechanical/Electrical Subcontractors

Volume I, Tab 5 Design Experience

Volume I, Tab 6 Past Performance, Design

Volume I, Tab 7 Qualifications of Design Office & Personnel

Volume I, Tab 8 Project Management Plan

2.3. VOLUME II PROPOSAL FORMAT

Volume II shall be submitted in one 3-ring binder labeled as Volume II. The Offeror shall present data in accordance with Volume II below. The original plus 1 copy of Volume II should be submitted.

VOLUME/TAB EVALUATION

FACTOR/SUBFACTOR

Volume II, Tab 9 Price

3. EVALUATION OF PROPOSALS

a) All proposals and documentation, which have been properly submitted, will be evaluated. Proposals received will be evaluated on the basis of the factors stated in the solicitation to select the responsible Offeror whose proposal presents the best value and is most advantageous to the Government. Because of the number of proposals anticipated, uniformity of all proposals is essential to assure fair and accurate evaluation. All proposals must comply with the instructions in the solicitation outlined and its supplements will be utilized.

b) The Government reserves the right to evaluate proposals and make award without discussions. Therefore, the Offeror’s proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. The Government also reserves the right to enter into discussions if it is determined to be in the Government’s best interest. Discussions initiated by the Government with owners, contract administrators, or other points of contact, provided by the Offeror may affect the evaluation rating given for the factors being evaluated by those discussions.

c) The Government will conduct evaluations in accordance with the Tradeoff Process in FAR Subpart 15.101-1. Volume I will be rated using an adjectival rating with a narrative

SECTION 00 22 00 Page 5 assessment. Volume II (PRICE) will not have an adjectival rating and will be reviewed separately after consensus evaluations of Volume I have been completed. Proposal evaluation is an assessment of the proposal and the Offeror’s ability to perform the resulting contract successfully. Proposals will be evaluated to determine ratings supported by narratives, and to identify strengths, weaknesses, and deficiencies of the proposed approach in each proposal.

d) Evaluation Definitions

a. Strength. A substantive aspect, attribute, or specific item in the proposal that exceeds the solicitation requirements and enhances the probability of successful contract performance.

b. Proposal Modification. A change made to a proposal before the solicitation closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

c. Proposal revision. 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 discussions/negotiations.

d. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. A significant weakness in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance.

e. Deficiency. A material failure of a proposal 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.

f. Clarification. Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. If award without discussions is anticipated, offerors may be given the opportunity to clarify certain aspects of their proposals or to resolve minor or clerical errors without material changes to their proposal. The purpose of clarifications is the elimination of minor irregularities, informalities or apparent clerical mistakes in the technical proposal. Clarifications do not provide an offeror the opportunity to revise or modify its proposal, except for correction of apparent clerical mistakes that would ultimately result in a revision.

g. Communications. Communications are exchanges between the Government and offerors after receipt of proposals, leading to establishment of the competitive range.

h. Discussions. Discussions are negotiations conducted in a competitive acquisition and take place after establishment of the competitive range. Discussions are tailored to each offeror's proposal, and shall be conducted by the Contracting Officer with each offeror within the competitive range.

Rating: The application of a scale of words or colors used in conjunction with narrative, to denote the degree to which the Proposal has met the solicitation requirements for a non-cost

SECTION 00 22 00 Page 6 factor. For purposes of this solicitation, ratings will consist of words (adjectival method) used in conjunction with narratives. Ratings will be applied at the factor (tab) and sub-factor level. If at any level of indentation an Offeror’s Proposal is evaluated as not meeting a minimum requirement (that is, below the level of Average), this fact may be included in the rating and narrative assessment at that level and each higher level of indentation. Therefore, a Marginal or Unacceptable rating for any sub-factor may be carried to the factor (tab) level. The following ratings will be used to evaluate Volume I.

(1) Exceptional - The Proposal greatly exceeds the scope of the solicitation requirements in the majority of the aspects of the particular factor or sub-factor. The Proposal also provides significant strengths and exceeds the solicitation requirements in performance or capability indicating maximum benefit to the Government. The factor or sub-factor has no apparent or significant weaknesses or omissions.

(2) Above Average - The Proposal exceeds the scope of the solicitation requirements in many aspects of the particular factor or sub-factor. The Proposal provides strength(s) in key areas or exceeds solicitation requirements in performance or capability indicating significant benefit to the Government. The factor or sub-factor has only minor weaknesses that have no impact on the Proposal as a whole and do not require correction.

(3) Average - The Proposal matches the scope of the solicitation requirements in most aspects of the particular factor or sub-factor. There may be few limited strengths but they do not aggregate in a way indicating additional benefit to the Government. Any weaknesses or omissions noted have only a minor impact on the Proposal and are easily correctable. There is room for improvement in this factor or sub-factor.

(4) Marginal - The Proposal fails to meet many of the solicitation requirements of the particular factor or sub-factor. The Proposal may posses some of the desired attributes and qualities expressed for the factor or sub-factor being evaluated but does not provide any advantages or strengths. Weaknesses and deficiencies noted are correctable without major revision(s) of the Proposal. The Government may still receive benefit from the Proposal submitted. There is room for improvement in this factor or sub-factor.

(5) Acceptable – For the purposes of this solicitation indicate only that the Proposal meets the solicitation requirements as a whole and is therefore sent forward for evaluation by the source selection evaluation board.

(6) Unacceptable - The Proposal fails to meet the majority of solicitation requirements of the particular factor or sub-factor or has not submitted information to address this evaluated item. The Proposal does not meet the minimum performance or capability requirements of this factor or sub-factor and does not include any advantages or strengths. The Proposal includes large apparent weaknesses and/or deficiencies and will require extensive modifications to come into compliance with the minimum

SECTION 00 22 00 Page 7 requirements of the solicitation. Proposal lacks the desired attributes and qualities necessary to receive a higher rating.

For Volume I, Tab 3 and Tab 6, a neutral rating will be awarded when no past performance records are available. The Federal Acquisition Regulation (FAR) 15.305(a)(2)(iv) states, “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance." Therefore, where a proposer fails to provide past performance information and where it is not available from other sources, past performance shall not be evaluated. The proposal shall be evaluated just as if “past performance” were not an evaluation factor.

4. RELATIVE IMPORTANCE OF EVALUATION FACTORS

Volume I, Tab 1, "Contract Documentation", will be reviewed on an "Acceptable/Unacceptable" scale for conformance to the solicitation requirements. Volume I, tabs 2, 3, 4, 5, 6, 7 and 8 cover the technical evaluation factors. Otherwise, the evaluation factors will be weighted as follows, in descending order of importance:

Tab 2 - Construction Experience

Tab 3 - Past Performance, Construction Tab 4 - Qualifications of Construction Office & Personnel/Mechanical & Electrical

Sub-Contractors Tab 5 - Design Experience Tab 6 – Past Performance, Design Tab 7 - Qualifications of Design Office & Personnel

Tab 8 - Project Management Plan (PMP)

In addition, the sub-factors within each evaluation factor also are weighted in descending order of importance for that factor.

NOTE: Tabs 2 through 8, taken as a whole, are approximately equal in importance to price and cost as explained in Volume II.

5. VOLUME I (SUBMITTALS & EVALUATION)

In Volume I, Tab 1 Offerors shall submit one binder labeled as Volume I with tabs separating the factors shown below. All required information for each identified factor must be contained within that specified Tab.

5.1 TAB 1 – CONTRACT DOCUMENTATION

This Tab is to include the following:

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(a) Cover letter

(b) Letter from bonding agent as to your maximum bonding capacity

(c) SF1442 for the basic contract & 00 11 00

(d) CCR (www.ccr.gov)

(e) Representations & Certifications

5.2 TAB 2 – CONSTRUCTION EXPERIENCE

In this tab, the offeror should submit six (6) examples of construction projects which best illustrate its experience on project(s) of a similar to the project(s) set forth in this solicitation. At least three

(3) of the projects should demonstrate the offerors experience as a prime design-build agent or joint venture. Include both DoD and Non-DoD work construction projects. Each project summary should consist of a one or two page narrative of the example project, discussing the project and providing specifics as noted herein. No more than 6 project examples may be submitted. If more than six project examples are submitted, only the first six listed in the proposal will be evaluated. Each project cited should have a construction dollar value greater than $750,000 and have been constructed within the past five (5) years. Indefinite-Delivery, Indefinite Quantity (IDIQ) Contracts, where numerous Task Orders are summed to meet the minimum construction dollar value identified herein, are not acceptable. Only those projects for which the offeror was the prime contractor or prime joint venture should be submitted, and all projects submitted should have been completed by the regional office that will be performing the work encompassed by this solicitation. Examples should include both DOD and non-DOD design-build facilities projects of a similar type. All project examples submitted should be completed examples, (i.e. Construction compete). Project examples submitted that are still under construction will be rated less favorably than completed projects. Project examples should include any past experience as a prime design-build agent or joint venturer. If a joint venture has been formed for this contract only, include a brief description of previous experience with the Design Entity. Although the majority of work to be accomplished under this contract consists of facility design and construction (i.e. buildings or structures), this contract will also entail design and construction of site work and utilities, including access drives, sidewalks, parking lot, utilities, landscape plantings, exterior irrigation systems, retaining walls, levees, etc.

Each project summary should include: a description of the project; location; construction contract award amount and final construction cost; and the original contract finish date and actual finish date (if finished). Narratives of each project should include a brief overview of each project and its relevance to this solicitation. All summaries should also contain the name, address, telephone and fax number of a representative of the customer and an alternate individual not affiliated with your firm and familiar with your firm’s experience on the project that can verify the experience cited. If you do not want the data submitted disclosed by the Government, follow the procedure specified in Section 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS paragraph 3 (e): RESTRICTION ON DISCLOSURE AND USE OF DATA.

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5.3 TAB 3 - PAST PERFORMANCE, CONSTRUCTION

Submit all past performance ratings for the offeror’s Construction component. Construction Contract Administration Support System (CCASS) ratings for all Corps of Engineer projects constructed by the offeror in the past five years should be submitted. In addition, submit a completed performance evaluation sheet for all non-Corps projects listed in Tab 2. For projects cited in Tab 2 that were constructed for other government entities, submit the completed performance evaluation rating forms used by that government entity. For all private sector projects cited in Tab 2, submit a Performance Evaluation Sheet (a blank copy is attached to this section) completed by an owner or owner’s representative and not affiliated with your firm. The government reserves the right to evaluate all CCASS records contained in the Corps of Engineers CCASS database. TAB 2 & 5 (EXPERIENCE (CONSTRUCTION & DESIGN) – SUBMITTAL

REQUIREMENTS)

5.4 TAB 4 - QUALIFICATIONS OF CONSTRUCTION OFFICE &

PERSONNEL/MECHANICAL & ELECTRICAL SUB-CONTRACTORS

This tab consists of two factors of equal importance which will be combined into a single rating for the Tab.

5.4.1 PART 1 – CONSTRUCTION OFFICE & PERSONNEL

Part 1 of this Tab should encompass all information identified herein. The first two-three pages of this Tab should consist of a resume of the contractor’s local or regional office located in the area that will be accomplishing the work. The organizational chart should include the type and number of employees working in the office, the length of time the office has been located in this area, and a brief synopsis of all work that has been accomplished from this office. After this office organizational chart, the offeror should submit the names and resumes for key construction personnel that will be assigned to the projects comprising this contract. Include a summary of the duties and responsibilities of these individuals that clearly indicate separate duties and responsibilities for each individual. Note that each of the listed personnel must have separate and distinct responsibilities – no single person may perform the duties of more than one position.

The proposal should clearly present the credentials of each person and show that each meets the requirements listed below. Each resume should include examples of project experience, capacity the individual served on each project, dates (month and year) employed on each project in that capacity, and monetary size of each project cited as experience. Resumes should be listed in reverse chronological order, with the latest experience listed first, and all time gaps on each resume fully explained. In addition, the educational qualifications of the proposed personnel should be submitted.

This portion of the tab should include data on the following personnel:

Project Manager. The Project Manager should be a degreed and registered engineer, architect, or graduate construction manager and have at least 5 years experience as a Project

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Manager on projects similar in monetary size and/or scope to the projects described in this

Project Superintendent. The Project Superintendent should be an experienced construction person having at least 5 years experience as a Project Superintendent on projects similar in monetary size and/or scope to the projects described in this solicitation.

Contractor Quality Control (CQC) System Manager. The Contractor Quality

Control System (CQC) Manager should have a minimum of 5 years experience as a CQC System Manager on projects similar in monetary size and/or scope to the projects described in this

5.4.2 PART 2 – MECHANICAL/ELECTRICAL SUB-CONTRACTORS

In this portion of the tab, provide the name of the proposed mechanical subcontractor and electrical sub-contractor, along with a brief resume (1 or 2 sheets) for each company. The proposal should only contain the name and resume for one mechanical and one electrical sub-contractor. If more than one sub will be used to perform the work required by this solicitation, additional mechanical or electrical subcontractors may be added provided a statement explaining why the additional sub-contractor(s) is included. Resumes should consist of a brief narrative of the company, presentation of relevant experience by the sub-contractor on similar projects (relevant experience is defined in Paragraph 5.2, Tab 2 above), and any other information pertinent to this project. In addition, indicate the CCASS or DUNS number of the subcontractor on the resume. CCASS Ratings contained in the Government system will be retrieved by the government, if available, for the proposed mechanical subcontractor and electrical sub-contractor, and evaluated. Offerors should not submit data on subcontractors that they do not intend to utilize in the performance of an ensuing contract award.

If, after award and because of reasons beyond the control of the selected offeror, the named individuals or sub-contractors identified in the proposal are not able to perform, replacement personnel/subcontractors with similar skills and experience equal or better than presented in the proposal shall be presented in writing to the Contracting Officer for approval.

The Contractor shall obtain the Contracting Officer's written consent before making any substitutions for these designated personnel or sub-contractors.

5.5 TAB 5 – DESIGN EXPERIENCE

In this tab, the offeror should submit up to six (6) examples of projects which best illustrate his design experience on both DOD and non-DOD projects for a U.S. Government Agency (preferably design-build. Each project example summary should consist of a one or two page narrative of the project, discussing the project and providing specifics as noted herein. No more than 6 project examples may be submitted. If more than six project examples are submitted, only the first six listed in the proposal will be evaluated. Each project example cited should have a construction dollar value greater than $750,000 and have been constructed within the past five (5) years. All

SECTION 00 22 00 Page 11 project examples submitted should have been completed by the regional office that will be performing the work on the installations encompassed by this solicitation. Project examples may also include non-government private sector design-build facilities, non design-build both DOD and non-DOD projects, and design build private sector facilities which illustrate your design capabilities. All project examples submitted should be of completed projects (i.e. construction complete). Projects still under construction will not be evaluated.

Each project example summary submitted should include: a description of the project; location;

construction contract award amount and final construction cost; and the original contract finish date and actual finish date. Narratives of each project should include a brief overview of each project and its relevance to this solicitation. All summaries should also contain the name, address, telephone and fax number of a representative of the customer and an alternate individual not affiliated with your firm and familiar with your firm’s experience on the project that can verify the experience cited. If you do not want the data submitted disclosed by the Government, follow the procedure specified in Section 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS paragraph 3 (e): RESTRICTION ON DISCLOSURE AND USE OF DATA.

Project examples should include any past experience as a prime design-build agent or joint venture. If a joint venture has been formed for this contract only, include a brief description of previous experience with the Construction Contractor. Although the majority of work to be accomplished under this contract consists of facility design and construction (i.e.