W9128F-09-R-0083RFP.pdf

REQUEST FOR PROPOSAL

(DESIGN-BUILD

MULTIPLE AWARD TASK ORDER

(MATOC) CONTRACT)

SOLICITATION NO. W9128F-09-R-0083

INDEFINITE DELIVERY CONTRACT FOR

CONSTRUCTION WITH INCIDENTAL DESIGN

SERVICES FOR SUSTAINMENT,

REHABILITATION AND MONDERNIZATION

(SRM) AND UNSPECIFIED MILITARY

CONSTRUCTION (UNMC) – FUNDED

CONSTRUTION IN SUPPORT OF FACILITY

INFRASTRUCTURE FOR POL OPERATIONS

VARIOUS LOCATIONS IN THE CONTINENTAL

UNITED STATES (CONUS)

NOVEMBER 2009

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

W9128F-09-R-0083

00 01 00 PROJECT TABLE OF CONTENTS - 1

REQUEST FOR PROPOSAL

(DESIGN-BUILD MULTIPLE AWARD TASK ORDER CONTRACT)

FOR

INDEFINITE DELIVERY CONTRACT FOR CONSTRUCTION WITH INCIDENTAL DESIGN SERVICES FOR

SUSTAINMENT, REHABILITATION AND MODERNIZATION (SRM) AND UNSPECIFIED MILITARY

CONSTRUCTION (UNMC) – FUNDED CONSTRUCTION IN SUPPORT OF FACILITY INFRSTRUCTURE FOR

POL OPERATIONS

VARIOUS LOCATIONS IN THE CONTINENTAL UNITED STATES (CONUS)

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 00 PROJECT TABLE OF CONTENTS

00 11 00 SOLICITATION/CONTRACT FORM (SF 1442) AND CLIN PRICING

SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

00 22 00 PROPOSAL SUBMISSION REQUIREMENTS, INSTRUCTIONS AND

EVALUATION

ATTACHMENT 1A AND 1B BLANK PERFORMANCE EVALUATION FORMS (DD FORM 2626 AND

DD FORM 2631)

ATTACHMENT 2 SAMPLE PROJECT

ATTACHMENT 3 DAVIS BACON WAGE RATES – SAMPLE PROJECT

ND080002 GENERAL WAGE DECISION – HIGHWAY DATED 10/16/2009

ND080014 GENERAL WAGE DESCISION – HEAVY DATED 09/05/2008

00 45 00 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

REGISTER SAMPLE SUBMITTAL REGISTER

E4025 ENG FORM 4025 TRANSMITTAL FORM

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 01 USACE QUALITY CONTROL

01 45 01AT DAILY QUALITY CONTROL REPORT

01 62 35 RECYCLED / RECOVERED MATERIALS

01 78 36.00 24 WARRANTY OF CONSTRUCTION AND DESIGN

01 78 39.00 24 AS-BUILT DRAWINGS

00 11 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-09-R-0083

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

24 NOV 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 Ave Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT) 1616 Capitol Ave

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):

INDEFINITE DELIVERY CONTRACT FOR CONSTRUCTION WITH INCIDENTAL DESIGN SERVICES FOR SUSTAINMENT, REHABILITATION AND MODERNIZATION (SRM) AND UNSPECIFIED MILITARY CONSTRUCTION (UNMC) – FUNDED CONSTRUCTION IN SUPPORT OF FACILITY INFRSTRUCTURE FOR POL OPERATIONS, VARIOUS LOCATIONS IN THE

CONTINENTAL UNITED STATES (CONUS)

This solicitation is restricted to Small Business Concerns. Up to four Indefinite Delivery Type Contracts may be awarded for a base performance period of two years with an option for an additional three years (total of 5 years). The combined total value of the four contracts shall not exceed $126,000,000. The minimum contract guarantee is $5,000. Except as provided below, work will be performed by the selected qualified Contractors pursuant to firm-fixed-price contracts. Task Orders will be requested from time to time, as the need arises, during the contract period. The amount of any one Task Order will not exceed the contract amount. Contract options may not be awarded if not supported by sufficient workload. Wage rates applicable to the area of work will be added to each task order. The offeror agrees to do all the work described in these documents.

RETURN WITH PROPOSAL: SECTIONS 00 11 00 (SF1442 AND CLIN PRICE SCHEDULE), 00 45 00, AND INFORMATION REQUIRE IN SECTION 00 22 00. OTHER BONDING INFORMATION: SEE SECTION 00 72 00 CONTRACT CLAUSES “FAR 52.228-15 PERFORMANCE AND

PAYMENT BONDS”

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. (**By Task Order_________)

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 ___*____ copies to perform the work required are due at the place specified in Item 8 by__1400___ (hour) local time 30 DEC 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 __180______ 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 1616 Capitol Ave.

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)

00 11 00 - 3

CONTRACT LINE ITEM PRICING SCHEDULE

(Fuels Labor Disciplines)

Firm Fixed Price Task Orders

FULLY FULLY FULLY FULLY FULLY

BASE LOADED LOADED LOADED LOADED LOADED

HOURLY HRLY RATE HRLY RATE HRLY RATE HRLY RATE HRLY RATE

DISCIPLINE RATE

Base Period

Year 1 Base Period

Year 2 Option Period

1/Year 3 Option Period

1/ Year 4 Option Period

1/Year 5 Program Manager Project Manager Construction Operations Manager Project Engineer I (Senior Staff) Project Engineer II Business/Accounting/Procurement/ Contract Admin Manager Procurement Specialist Project Accountant I (Senior Staff) Project Accountant II Engineer I (Senior Staff) Engineer II Engineer III Superintendant I (Senior Staff) Superintendant II Site Safety and Health Officer Contractor Quality Control Officer Project Controls Specialist Controls Technician Equipment Operator API Inspector Laborer Site Foreman Pipefitter Boilermaker Ironworker NACE Inspector Painter Electrician

G&A for Past Two Years

Design 2007:

Construction:

2007:

2008: 2008:

G&A Overhead Rates for this Contract

Design: Construction:

Option Period Escalation Factor for Base Labor Rates

Design: Construction:

Section 00 21 00, Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

(6/07; Rev 3/09)

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 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

4 (FAR 52.215-20) REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 1997)

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

6 (FAR 52.216-27) SINGLE OR MULTIPLE AWARDS (OCT 1995)

7 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

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

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

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

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

SUBCONTRACT EFFORT (MAY 2008)

12 DEFINITION OF "DESIGN-BUILD" PROCESS

13 SOLICITATION RESTRICTIONS

13.1 GENERAL CONTRACTOR

13.2 ESTIMATED DESIGN AND CONSTRUCTION COST

13.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

13.4 SUBMISSION DEADLINE

13.5 RETURN ADDRESS REQUIREMENTS

13.6 CADD AND ELECTRONIC DESIGN FILES (PROVIDED)

14 SMALL BUSINESS SIZE STANDARD.

15 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

16 OFFEROR'S QUESTIONS AND COMMENTS.

16.1 PLAN HOLDER'S LIST

17 GENERAL DESCRIPTION OF WORK

18 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

19 SOURCE SELECTION BOARD (SSB)

20 SALES AND USE TAX

21 JOINT VENTURE AGREEMENTS

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

2004)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation;

and

(v) Name, title, and signature of person authorized to sign

Section 00 21 00, Page 4 the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit

Section 00 21 00, Page 5 modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award.

Withdrawals are effective upon receipt of notice by the Contracting Officer.

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

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

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract.

This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total

Section 00 21 00, Page 6 evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

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

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

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

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

(iv) A summary of the rationale for award.

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

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

4 (FAR 52.215-20) REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data.

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount

Section 00 21 00, Page 7 policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

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

The Government contemplates award of up to four Indefinite Delivery Type firm fixed price contracts resulting from this solicitation.

6 (FAR 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.

7 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

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

Section 00 21 00, Page 8

8 (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.

9 (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.

(End of provision)

10 (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.

(b) To be included with each Task Order.

11 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

Section 00 21 00, Page 9 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).

(End of provision)

12 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.

13 SOLICITATION RESTRICTIONS

13.1 GENERAL CONTRACTOR

This solicitation is restricted to small business participation.

13.2 ESTIMATED DESIGN AND CONSTRUCTION COST

The estimated construction with incidental design combined total value of the

Section 00 21 00, Page 10 four Indefinite Delivery Type Contracts for this solicitation is not to exceed $126,000,000. The task orders are expected to be between $100,000 and $10,000,000.

13.3 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.

13.4 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-carried* shall contact Cheryl Bunting, Contract Specialist at (402) 995-2078 prior to delivering to the U.S. Army Corps of Engineer District, Omaha, 1616 Capitol Ave, Omaha, NE 68102-4901.

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.

Containers (i.e. envelopes, packages, boxes) will be screened for security purposes. Hand-carried means the individual must be able to carry on their person. If due to size or volume, packages or boxes need to be wheeled in on a cart or dolly, you will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, you will be allowed in the building after presenting valid photo identification. At the time specified in Section 00 11 00, Page 1, local time, it will be announced that receipt of proposals is closed. Official time will be established by time/stamp clock designated by the Contract Specialist.

*This instruction shall also apply to those proposals delivered through a delivery or parcel service.

NOTE: No parking on the street in front of the facility entrances will be allowed. Passenger vehicles will need to locate parking meters or parking garages before delivering proposals. Delivery trucks must go to the dock.

The vehicle will be inspected and packages screened at the dock. After inspection and screening, the delivery person will be allowed into the building.

13.5 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.

Section 00 21 00, Page 11

13.6 CADD AND ELECTRONIC DESIGN FILES (PROVIDED)

The CADD survey files and other electronic design files as identified below have been included, as applicable, by Task Order. The Government provided survey, and the other electronic design files are provided to assist the Contractor in preparing their proposal using their own commercially purchased software. The Contractor shall take all professionally prudent and reasonable actions to verify the accuracy of the data provided and shall assume all liability from the use of these files. The Contractor shall be responsible for obtaining any other software necessary to view the files provided. No other CADD design files will be provided for proposal preparation other than those listed below. Files are only available in [To be determined by Task Order, as applicable].

14 SMALL BUSINESS SIZE STANDARD.

The small business size standard for this procurement is $33.5 million in gross annual receipts for the preceding 3 fiscal years.

15 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS).

In accordance with Sector 23 of the NAICS Manual, the work in this solicitation is assigned classification code 237120.

16 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. Comments should reach this office no later than 14 calendar days prior to the date set for receiving of proposals, if feasible, in order that changes, if needed, may be added by amendment. 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 Contract Specialist 402-995-2078 (phone) 402-995-4199 (fax)

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

Technical Contents Program Coordinator Lawrence.J.Woscyna@usace.army.mil

Section 00 21 00, Page 12

Lawrence Woscyna 402-661-4269 (phone)

Or

Specifications Douglas.R.Larsen@usace.army.mil Section Doug Larsen 402-995-2181 (Phone)

Note: It shall be the Contractor's, Subcontractor's and Supplier's responsibility to check for amendments (Link available at:

http://www.fbo.gov/).

16.1 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, Federal Business Opportunities has these features available (www.fbo.gov.)

For a solicitation, go to www.fbo.gov and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the “Add me to Interested Vendors” for the solicitation.

17 GENERAL DESCRIPTION OF WORK

The projects will include construction with incidental design for Petroleum, Oils, and Lubricants (POL) fuel storage complexes or portions thereof in support of fuel distribution systems for CONUS. Work shall be in accordance with Request for Proposal documents issued with the requirements of this solicitation and each subsequent task order.

18 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

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

EVALUATION.

19 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.

Section 00 21 00, Page 13

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

20 SALES AND USE TAX

As applicable to the requirements of the location for each Task Order.

21 JOINT VENTURE AGREEMENTS

See Section 00 22 00 PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS, AND EVALUATION for applicable requirements.

Section 00 21 00, Page 14

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. New registrations usually take 1-2 business days to process once completed by the vendor.

Registration Information:

Internet: https://www.bpn.gov/ccr/default.aspx

The following FOUR key items you need before beginning registration.

1. Data Universal Numbering System (DUNS) Number provided by Dun and

Bradstreet (D&B)

2. Tax Identification Number (TIN) and Taxpayer Name used in Federal tax matters

3. Statistical Information about your business

4. Electronic Funds Transfer (EFT) Information for payment of invoices

For CCR Assistance:

Internet: https://www.bpn.gov/ccr/help.aspx or

Contact the Federal Service Desk (8am - 8pm Eastern Time) at:

866-606-8220 334-206-7828

Sustainment, Rehabilitation And Modernization (SRM) W9128F-09-R-0083 And Unspecified Military Construction (UNMC)- Funded Construction in Support of Facility Infrastructure For POL Operations

Section 00 22 00, Page - 1

SECTION 00 22 00

PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

INDEX

1. CONTRACT INFORMATION

1.1. FOUR INDEFINITE DELIVERY TYPE CONTRACTS

1.2. TYPES OF SERVICES

1.3. DELIVERY OR PERFORMANCE-PERIOD REQUIREMENTS

1.4. TASK ORDERS

2. WHO MAY SUBMIT

3. NUMBER OF COPIES AND SIZE OF PRINTED MATTER SUBMISSIONS

4. WHERE TO SUBMIT

5. SUBMISSION DEADLINE

6. EVALUATION OF PROPOSALS

6.1. EVALUATION

6.2. ESTABLISHMENT OF COMPETITIVE RANGE

6.3. TRADEOFF PROCESS

6.4. EVALUATION DEFINITIONS

7. EVALUATION CRITERIA

7.1. TAB 1 – CONTRACTOR TEAM EXPERIENCE

7.2. TAB 2 – KEY PERSONNEL QUALIFICATIONS

7.3. TAB 3 –SUBCONTRACTOR’S QUALIFICATIONS/EXPERIENCE WITH PRIME CONTRACTOR. 14

7.4. TAB 4 - PAST PERFORMANCE, CONSTRUCTION

7.5. TAB 5 – SAMPLE PROBLEM-TECHNICAL APPROACH

7.6. TAB 6 – EXHIBIT DOCUMENTS

7.7. TAB 7 – UTILIZATION OF SMALL BUSINESS CONCERNS

7.8. TAB 8 – PRICING

8. JOINT VENTURES

8.1. REGISTERED IN CCR

8.2. CONTACT DUNN & BRADSTREET

8.3. NEW COMPANY

8.4. CONTACT INFORMATION

8.5. SIGNATURE REQUIREMENTS

8.6. CORPORATE CERTIFICATE

Section 00 22 00, Page - 2

8.7. JOINT VENTURE REQUIREMENTS

9. COMPETITIVE RANGE

10. COMMUNCATIONS

11. FINAL PROPOSAL REVISIONS

12. AWARD OF CONTRACT

13. DEBRIEFING

ATTACHMENTS:

Attachment 1a and 1b – Blank Performance Evaluation Forms (DD Form 2626 and DD Form 2631) Attachment 2 – Sample Problem Attachment 3 – Davis Bacon Wage Rates

Section 00 22 00, Page - 3

SECTION 00 22 00

PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

1. CONTRACT INFORMATION

1.1. FOUR INDEFINITE DELIVERY TYPE CONTRACTS

Four Indefinite Delivery Type Contracts may be awarded for a base performance period of two years with an option for an additional three years. The combined total value of the four contracts shall not exceed $126,000,000. The minimum contract guarantee is $5,000. Except as provided below, work will be performed by the selected qualified Contractors pursuant to firm-fixed-price contracts. Task Orders will be requested from time to time, as the need arises, during the contract period. The amount of any one Task Order will not exceed the contract amount.

Contract options may not be awarded if not supported by sufficient workload.

1.2. TYPES OF SERVICES

The types of services required under these contracts will include construction with incidental design services for fuel system projects. The successful firm(s) shall be able to design and construct Petroleum, Oils, and Lubricants (POL) fuel storage complexes or portions thereof in support of fuel distribution systems for CONUS. The primary customer is Defense Energy Support Center, a Lead Center of Defense Logistics Agency, headquartered at Ft. Belvoir, VA.

Secondary customers include: non Department of Defense (DoD) and other DoD agencies to include Army, Navy, Air Force, and Marines, Reserve and National Guard components, and U.S.

Coast Guard.

All work will be accomplished in compliance with Military Fuel Standards, UFC 3-460-01, DoD, American Petroleum Institute (API), state and federal regulations. A component of the contract scope is secondary support of the construction project which includes incidental services in: fuel system design services, environmental services, inspection services and other services needed to complete the construction project. Specialized work to be performed is identified in Table 1.

TABLE 1 – SPECIALIZED WORK

1.

Tank rehabilitation. Work consists of construction, repairing, replacing and

Section 00 22 00, Page - 4 upgrading coatings, worn components, corrosion and deficiency to the tank systems necessary to make the tank fully functional for support of mission requirements. Components typically include valves, pumps, piping, controls, dikes/berms, structural components (shell/tank bottom), life safety and fire safety systems.

2.

Tank cleaning prior to API 653 inspection and upgrades. Work includes cleaning to remove residual fuel products, water/sludge removal and preparation of tank for API 653 inspection.

3.

API 653 Inspections and repairs. Tank inspections to determine condition of the tank. The inspection report documents current conditions and requirements for servicing, repairs and upgrades.

4.

Fuel receipt, pipeline and transfer facilities construction, repair, upgrade or replacement.

5.

Fuel dispensing facilities construction, repair, upgrade or replacement.

6.

Construction of fuels support facilities and infrastructure.

7.

Demolition of fuel facilities and components.

8.

Construction and repair of facilities with high potential for environmental release.

9.

Construction, repair and upgrade of facilities to maintain environmental or safety compliance.

10.

Construction and repairs to fuel related facilities include infrastructure, and facilities in direct support of the fuel receipt, transfer, quality control, equipment maintenance, and dispensing systems.

1.3. DELIVERY OR PERFORMANCE-PERIOD REQUIREMENTS

Up to four contracts will be awarded. Delivery or Performance Requirements will be established in each task order scope of work. Period of performance for competitive task orders will be two year base plus one three year option – total 5 years.

Section 00 22 00, Page - 5

1.4. TASK ORDERS

Task orders will be issued on a best value competitive basis.

2. WHO MAY SUBMIT

This solicitation is RESTRICTED TO SMALL BUSINESS CONCERNS.

Offerors formally organized as design/build entities, or design firms and construction contractors that have formed a team specifically for this project, or any other interested party may submit proposals. In the latter case, a single design firm or construction contractor may offer more than one proposal by entering into more than one association. For the purpose of this solicitation, no distinction is made between a formally organized design/build offeror (or simply “Offeror”), or the design/build contractor, (or simply “Contractor”). All offerors must be registered in the Central Contractor Registration (CCR) in the same manner as they are proposing for this solicitation (i.e. a single entity proposing as a Joint Venture must be registered as a Joint Venture in the CCR) See Paragraph 8, titled “JOINT VENTURES”.

The North American Industry Classification System code for this project is 237120, with a size standard for small business of $33.5 Million dollars gross annual receipts over 3 years.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly describe the proposal.. There will be no public proposal opening. All proposals submitted will become, upon receipt, the property of the U.S.

Government and will not be returned. After evaluation of proposals, any extra copies of the proposals deemed unnecessary by the government will be destroyed. The original will be retained for the official contract file. In addition, extra copies of the awardee’s proposal will be submitted to the Field and Areas Offices in support of their contract administration functions.

3. NUMBER OF COPIES AND SIZE OF PRINTED MATTER SUBMISSIONS

Offerors should submit only one original and five (5) copies for Volumes 1, 2 and 3 of the proposal plus one copy on CD-ROM.