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Amendment 0001 - W9128F-14-R-0048 - INDEFINITE DELIVERY CONTRACTS FOR DESIGN-BUILD CONSTRUCTION IN SUPPORT OF POL FACILITIES - INFRASTRUCTURE VARIOUS LOCATIONS IN THE CONTINENTAL UNITED STATES (CONUS) ALASKA HAWAII AND US TERRITORIES

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Amendment No. 0001 20-AUG-2015

U.S ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

1616 CAPITOL AVE.

OMAHA, NE 68102-4901

See Item 6

W9128F-14-R-0048

10-AUG-2015

INDEFINITE DELIVERY CONTRACT FOR DESIGN-BUILD CONSTRUCTION IN SUPPORT OF POLFACILITIES - INFRASTRUCTURE, VARIOUS LOCATIONS IN THE CONTINENTAL UNITED STATES (CONUS), ALASKA, HAWAII AND

US TERRITORIES

See attached documentation for content of the amendment revisions for Phase 1 of 2

Date for receipt of Proposals is 10 SEP 2015 at 1400 hours, CST

Government Point of Contact: Ann Young or Tyler Hegge, Contract Specialist(402) 995-2667 or

__-___-2015

Am #0001 - 1

Am #0001 - 2 (Continuation SF 30)

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901 :NOTICE: Failure to acknowledge : Solicitation No. W9128F 14 R 0048 :all amendments may cause rejec- :

:tion of the offer. See FAR : Date of Issue: 10 AUG 2015 :52.215-1 of Section 00 21 00 : Date of Receiving Proposals:

10 SEP 2015

Amendment No. 0001 20 August 2015

SUBJECT: Amendment No. 0001 to Request for Proposal for INDEFINITE DELIVERY CONTRACT FOR DESIGN-BUILD CONSTRUCTION IN SUPPORT OF POLFACILITIES - INFRASTRUCTURE, VARIOUS LOCATIONS IN THE CONTINENTAL UNITED STATES (CONUS), ALASKA, HAWAII AND US TERRITORIES, Phase 1 of 2.

Solicitation No. W9128F 14 R 0048

TO: Prospective Offerors and Others Concerned

1. The specifications and drawings for subject project are hereby modified as follows (revise all specification indices, attachment lists, and drawing indices accordingly).

a. Specifications. (Descriptive Changes.)

None.

b. Specifications (New and/or Revised and Reissued). Delete and substitute or add specification pages or sections as noted below. The substituted pages or sections are revised and reissued with this amendment.

For convenience, on the revised specification pages, changes have been identified by “[*Am-1]”.

Pages or Sections Deleted Pages or Sections Substituted or Added 00 22 10 00 22 10 (Para. 1.2, 5, 15.1.1, 15.2.1, 15.2.2, and 15.3.1) 01 11 00 01 11 00 (Para. 1.1.1)

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged on the Standard Form 1442. All other conditions and requirements of the request for proposal remain unchanged. If the proposals have been mailed prior to receiving this amendment, you will notify the office where proposals are received, in the specified manner, immediately of its receipt and of any changes in your proposal occasioned thereby.

a. Hand-Carried Proposals shall be delivered to the U.S. Army Corps of Engineers, Omaha District, Contracting Division, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

b. Mailed Proposals shall be addressed as noted in Item 8 on Page 00 10 00-1 of Standard Form 1442.

Am #0001 - 3 (Continuation SF 30)

3. Offers will be received until 2:00 p.m., local time at place of receiving proposals, 10 SEP 2015.

Attachments:

Spec Pages listed in 1.b. above

U.S. Army Corps of Engineers, Omaha District 1616 Capitol Avenue Omaha, Nebraska 68102-4901

20 August 2015

DRL/2181

This page was intentionally left blank for duplex printing.

W9128F-14-R-0048 Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories

SECTION 00 22 10, PAGE - 1

SECTION 00 22 10

PHASE 1 OF 2 PHASE SELECTION PROCEDURES

INDEX

1. SCOPE OF WORK

1.1. GENERAL DESCRIPTION OF WORK

1.2. TYPES OF SERVICES

1.3. ORDERING PROCEDURES FOR TASK ORDERS

2. SELECTION PROCEDURE OVERVIEW

3. PHASE 1 PROPOSAL FACTORS IN PHASE 2

4. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

5. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

6. INQUIRIES/QUESTIONS

7. CONTRACTOR TEAM ARRANGEMENTS AND JOINT VENTURES

7.1. DEFINITIONS

7.2 CONTRACTOR TEAM ARRANGEMENT REQUIREMENTS

7.3. SUBMISSION REQUIREMENTS FOR JOINT VENTURES

7.4 INTEGRITY AND VALIDITY OF CONTRACTOR TEAM ARRANGEMENTS/JOINT

VENTURES

8. BASIS FOR AWARD

9. PHASE 1 - RELATIVE IMPORTANCE OF EVALUATION FACTORS

10. SOURCE SELECTION PROCESS

11. TECHNICAL RATING

12. DEFINITIONS

13. PAST PERFORMANCE

14. DEBRIEFING OFFERORS

15. TECHNICAL FACTORS TO BE EVALUATED

15.1. PHASE 1 – FACTOR 1 – TAB 1 - PRIME CONTRACTOR EXPERIENCE

15.1.1. Submission Requirements

15.1.2. Evaluation

15.2. PHASE 1 - FACTOR 2 – TAB 2 - PAST PERFORMANCE

15.2.1. Submission Requirements

15.2.2. Evaluation

Am #0001

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

SECTION 00 22 10, PAGE - 2

15.3 PHASE 1 - FACTOR 3 – TAB 3 – MANAGEMENT APPROACH

15.3.1 Submission Requirements

15.3.2. Evaluation

Attachment 1 - Past Performance Questionnaire (Form PPQ-0)

SECTION 00 22 10, PAGE - 3

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

SECTION 00 22 10

PHASE 1 OF 2 PHASE SELECTION PROCEDURES

1. SCOPE OF WORK

The scope of this request for proposal (RFP) includes all work required for Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories. In Phase 1 of 2 Phase Selection Procedures a target of 15 of the most highly qualified firms, of which a target of 9 being Small Businesses (SB) and 6 being other than Small Business (OTSB) will be selected by the Government to participate in Phase 2 of this solicitation. This solicitation is open to both large and Small Business participation. In Phase 2 of this solicitation, the Government intends to award of a target of ten (10) Firm Fixed Price, Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) construction contracts for Fuels Support a target of six (6) contracts are reserved for Small Business and a target of four (4) contracts for other than Small Business. The work shall be in accordance with Request for Proposal documents issued within this solicitation.

1.1. GENERAL DESCRIPTION OF WORK

The purpose of this MATOC is to provide design-build and construction services in support of sustainability, rehabilitation, modernization (SRM) and design-build construction of DoD Fuels Infrastructure within the Continental United States (CONUS), Alaska, Hawaii and US territories. The scope of work for this acquisition includes, but is not limited to: replacement of aging fuel infrastructure and/or components, repair of storage tanks and containment areas, POL system upgrades and maintenance (modernization), facility demolition, construction of fuels support facilities, regulatory compliance, and design to support the construction work projects for the primary customer Defense Logistics Agency (DLA) and secondary customers that include: non-Department of Defense (DoD) and other DoD agencies to include Army, Navy, Air Force, and Marines, Reserve and National Guard components, and the U.S. Coast Guard. As requirements develop, Requests for Proposals (RFPs) for projects will be issued under individual Task Orders.

The majority of the work to be performed under these contracts is necessary due to the age of the infrastructure, absence of maintenance, and safety/environmental regulatory compliance requirements for the imperative and successful operation of the POL facilities. The DoD petroleum infrastructure consists largely of real property facilities and supporting infrastructure which transfer, receive, store, and dispense petroleum products in support of day-to-day, training and operational missions across the globe. Petroleum products are typically transferred by rail, pipeline and truck. Storage is accomplished by bulk storage (tank farms) or operational storage tanks. Dispensing is from operational storage or dispensing points into vehicles, mobile tanks, refueling vehicles or aircraft/equipment refueling points.

The total value of all task orders awarded under this MATOC will not exceed $490,000,000. The minimum guarantee amount for each contract will be $5,000.00. All offers will be evaluated on the same criteria, however, offers from Small Business will be ranked separately from offers evaluated and ranked from “other than Small Business” firms. Task orders will be Firm Fixed Price (FFP) and generally within the value range of $500,000 to $12,000,000. Orders will follow the ordering procedures in Paragraph 1.3 below.

SECTION 00 22 10, PAGE - 4

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

1.2. TYPES OF SERVICES

[*Am-1] The work includes design and construction work identified in Table 1 SPECIALIZED WORK for POL fuel storage complexes, or portions thereof, in support of fuel distribution systems. Task order projects will include fuel system design services, inspection services and other services needed to complete each task order construction project.

All work will be accomplished in compliance with Military Fuel Standards, UFC 3-460-01, DoD, American Petroleum Institute (API), state and federal regulations.

Table 1 – SPECIALIZED WORK

a. Construction, maintenance, repair and demolition of POL facilities and infrastructure, to include design.

Facilities and infrastructure include, but are not limited to, facilities in direct support of the fuel receipt, pipeline, storage, transfer, containment, laboratory testing, POL operations, quality control, equipment, and dispensing systems

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

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

d. Repairs and Emergency Inspections Only. This includes POL facility inspections to determine condition. The inspection report documents current conditions and requirements for servicing, repairs, and upgrades. Only in Emergency situations will the inspection and repair of a facility be included in the same task order scope of work.

1.3. ORDERING PROCEDURES FOR TASK ORDERS

1) DELIVERY OR PERFORMANCE REQUIREMENTS: Delivery or Performance Requirements will be established in each task order scope of work. Task orders will be issued using the tradeoff process best value or lowest price technically acceptable.

2) COMPETITION

a. Competition for issuance of Task Orders is limited to those awardees under this contract.

Task orders estimated at a value of $1,500,000 or less will be competed among the contracts reserved for Small Businesses after the entire USACE Project Delivery Team (PDT) jointly considers the complexity of the project scope, dollar amount and existing workload. Small Business Set Aside task orders will be competed amongst Small Businesses, if less than two Small Business MATOC holders respond to the request for task order proposal (RFP), a new RFP will be solicited from all MATOC holders, to include Small Business (SB).

b. If it is determined that competing the task order among the contracts reserved for Small

SECTION 00 22 10, PAGE - 5

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

Business is not appropriate using the PDT evaluation process identified above, the task order will be competed amongst all of the MATOC holders. All awardees will be given a fair opportunity to be considered for each Task Order unless the Contracting Officer applies one of the exceptions noted below. Upon determining the need to issue a Task Order, all awardees will be considered equally against the stated criteria.

c. Unless one of the exceptions noted below applies, each Task Order will be awarded, as a result of competition to the contractor whose offer is the most advantageous to the Government considering the criteria specified.

d. In accordance with the Federal Register Part 125 /Vol. 78, No. 191 dated October, 2, 2013 and the Jobs Act guidance, the Contracting Officer reserves the right, if there are two or more contract awards to any one type of Small Business concern (e.g., Small Business, 8(a), HUBZone, SDVO SBC, WOSB or EDWOSB), to compete any orders solely amongst the specified types of Small Business concerns if the ‘‘rule of two’’ or an alternative set-aside requirement provided in the Small Business program have been met.

e. In accordance with the Federal Register Part 125 /Vol. 78, No. 191 dated October, 2, 2013 and the Jobs Act guidance the Contracting Officer reserves the right, if there is only one contract award to any one type of Small Business concern (e.g., Small Business, 8(a), HUBZone, SDVO SBC, WOSB or EDWOSB), to issue orders directly to that concern for work that it can perform.

f. Small businesses are permitted to compete against other-than-Small Businesses for an order issued against the Multiple Award Contract

g. The Contracting Officer reserves the right to make award of a Task Order without competition based upon:

i. One of the circumstances described below:

1. The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

2. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

3. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

4. It is necessary to place an order to satisfy a minimum guarantee; or

5. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), the

Federal Register Part 125/Vol. 78, No. 191 dated October 2, 2013 and the Jobs Act guidance, contracting officers may, at their discretion, set-aside orders for any of the small concerns, the specific Small Business program eligibility requirements identified in Part 19 apply.

ii. In accordance with the Federal Register Part 125 /Vol. 78, No. 191 dated October 2, 2013 and the Jobs Act guidance, a statute expressly authorizes or requires that the purchase be made from a specific source.

3) ORDERING: To clarify the contract clause 252.216-7006 “Ordering” the following shall apply:

SECTION 00 22 10, PAGE - 6

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

a. When the Government requires work under the contract, a Request for Proposal (RFP) will be issued as appropriate. RFP will normally be issued electronically by email but may be placed via mail, telephone, facsimile, or other electronic means.

b. Task Orders will be awarded on DD Form 1155 (Order for Supplies or Services). Task Orders will be placed in a sequential numbering system, which relate back to the basic contract number and the assigned Proposed Task Order (PTO) Number.

c. The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs, except as authorized by duly executed Task Orders.

d. Each Task Order will include as a minimum:

i. Date of order.

ii. Contract number and order number.

iii. Contract item number and description, quantity, and unit price or estimated cost.

iv. Delivery or performance schedule.

v. Place of performance.

vi. Any packaging, packing, and shipping instructions.

vii. Accounting and appropriation data.

viii. Method of payment and payment office.

e. Modifications to Task Orders will be issued on Standard Form (SF) 30.

f. Each Contractor is required to submit a reasonable number of good faith proposals for PTOs.

Contractors are not obligated to propose on all Task Orders; however, they are required to contact the Contracting Officer within two (2) days of notification if they cannot participate in the walk through or submit an offer. Failure to provide this notification may impact future consideration for PTOs and exercise of an option.

g. In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract; or a protest of an order valued in excess of $10,000,000.

4) UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL:

The contractor shall not accept instructions issued by any person employed by the U.S.

Government or otherwise, other than the Contracting Officer.

5) NOTICE TO PROCEED: The contractor shall commence work upon receipt of a properly executed task order or modification to a task order and complete the work within the time specified in each task order or modification to each task order.

6) PERIOD OF SERVICE: The contract ordering period shall begin upon the date of contract award and shall, unless terminated sooner in accordance with the termination contract clause, continue for a period specified.

7) EXTENDING THE TERM OF THE CONTRACT: See FAR Clause 52.217-9

SECTION 00 22 10, PAGE - 7

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

8) OBLIGATION BY THE GOVERNMENT: The Government is not obligated to fund the maximum cumulative dollar amount of this contract. The guaranteed minimum amount for this contract is $5000.

9) DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR): Designation will be made upon award of each task order and a copy of the designation letters will be furnished to the contractor. Limits of authority are described in each designation letter.

10) DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR: The contractor shall assign a member or employee who will act as project manager during the course of this contract or during the course of a task order. This official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

11) RELEASE OF INFORMATION: The contractor shall not, unless authorized in writing by the Contracting Officer, release or provide any information or interpretation concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations.

12) BUY AMERICAN – CONSTRUCTION MATERIALS: Where the contractor has specified an item by brand name or equal he shall verify that it meets the requirements of the "Buy American - Construction Materials." Construction materials which are not domestic as defined by the Buy American-Construction Materials and FAR 25.201 may not be incorporated in the project, and therefore may not be specified, unless an exception is obtained pursuant to FAR 25.202. Such an exception must be obtained before a non-domestic construction material may be specified. A foreign construction material should not be cited in a brand name or equal specification, even as an example of a product which would meet the specification, unless an exception has been obtained.

13) OPTION(S) WITHIN TASK ORDERS AND/OR MODIFICATIONS: The Government may require performance of additional work, identified as an option item in individual task orders or modifications to task orders, at the price stated. The Contracting Officer may exercise the option by written notice to the Contractor prior to completion of the work previously authorized under each appropriate task order.

14) GENERAL WAGE DECISION: Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order.

15) AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18): The Government may request proposals for Task Orders for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If after the Government receives a contractor’s proposal and funds are not available the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project or re-solicit the project at its option. If the proposal acceptance period is not extended by the contractor, the project may be resolicited.

2. SELECTION PROCEDURE OVERVIEW

In Phase 1 of the two phase selection procedure, Offerors submit certain specified Prime Contractor Experience, Past Performance, and Management Approach demonstrating their capability to successfully execute task orders under the contract resulting from this solicitation. The Government

SECTION 00 22 10, PAGE - 8

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure will evaluate qualifications in Phase 1 of 2 Selection Procedures and will invite a target of 15 of the most highly qualified firms. The Government has established a target of nine (9) Small Businesses (SBs) and six (6) Other-Than-Small Businesses (OTSBs) to participate in Phase 2 of this solicitation.

Offerors must submit a complete Phase 1 proposal to be considered for Phase 2. PHASE 1 DOES

NOT INVOLVE PRICING SUBMISSION.

Prior to Phase 2, an amendment will be issued to selected Offerors from Phase 1 inviting them to submit Phase 2 technical and price proposals for consideration. The amendment will request additional information needed to complete the submission of Phase 2 proposals. In Phase 2, the Contracting Officer’s intent is to award a target of ten (10) IDIQ contracts, with a target of six (6) Small Businesses and four (4) to Other-Than-Small-Business, to the Offeror (s) whose proposal offers the best value to the Government.

Offerors selected by the Government for Phase 2 participation must submit a complete Phase 2 proposal to be considered for award. Failure to submit a complete proposal may result in the entire proposal being rejected.

3. PHASE 1 PROPOSAL FACTORS IN PHASE 2

The Phase 1 evaluations will be automatically carried forward into the Phase 2 evaluation. There is no separate submission of Phase 1 information required or allowed for Phase 2. The Government will incorporate the Phase 1 individual factor ratings, underlying narratives, etc. when comparing the Phase 2 proposals to determine which proposals provide the best value to the Government.

4. GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

Offerors formally organized as Design/Build (DB) entities, or design firms and construction contractors that have formed a teaming arrangement specifically for this contract, 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 firm (or simply “Firm”), or the Design/Build contractor, (or simply “Contractor”). All Offerors must be registered in the System for Award Management (SAM) 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).

The North American Industry Classification System code for this project is 237120, with a size standard for Small Business of $36.5 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 awardees’ proposal will be submitted to the Field and Areas Offices in support of their contract administration functions.

All Offerors shall be required to submit a proposal with the minimum content as specified herein.

Proposals shall be received by the USACE Contracting Activity no later than the time and date specified in Block 13 of Standard Form 1442.

SECTION 00 22 10, PAGE - 9

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

The packaging that contains the proposals must be SEALED and MARKED:

“Proposals for Solicitation No. W9128F-14-R-0048

To be opened by Contracting Division personnel ONLY.”

Unsealed packages WILL NOT BE ACCEPTED.

Due to heightened security at Government installations, those Offerors who have their proposals hand-carried* shall contact Ann Young or Tyler Hegge, Contract Specialists at (402) 995-2667 or (402) 995-2048 prior to delivering to:

U.S. Department of the Army Corps of Engineers, Omaha District Attn: CENWO-CT-B/CENWO-CT-M (Young or Hegge) 1616 Capitol Avenue Omaha, NE 68102-4901

On the date specified and for thirty (30) minutes prior to the specified time on the Standard Form 1442, Section 00 10 00, Page 1, Item 13A, 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, Offerors will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, Offerors will be allowed in the building after presenting valid photo identification. At the time specified in Item 13A, it will be announced that receipt of proposals is closed. Official time will be established by a clock located in the area where proposals are received, to be determined by Contracting Representative accepting proposals.

*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. Allow time for these actions.

5. PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

a. All proposals shall contain the evaluation requirements stated herein. All written information and data shall be submitted in an 8 ½” 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 be arranged sequentially in the order of the evaluation criteria and all pages shall be numbered. Only written proposals will be accepted. Oral, electronic, and facsimile proposals will not be accepted.

SECTION 00 22 10, PAGE - 10

Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

Firms submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and resources are expended in preparing information required by the Request for Proposal (RFP). Data submitted must reflect the design entity’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 Offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, expensive/extensive visuals and other presentation aids are unnecessary.

Phase 1 Technical proposals will be evaluated for conformance with the minimum RFP criteria, and for the extent to which they exceed those criteria. Proposals must provide adequate detail for evaluators to accomplish this.

Proposal clarity, organization, and cross-referencing are mandatory. Referenced information or materials that is not included with the proposal documents may be considered non-conforming to the solicitation requirements and may be evaluated less favorably. No external material (information not part of proposal) shall be incorporated by reference. Material not specifically identified below will not be evaluated. If an Offeror does not want the data contained in a proposal disclosed by the Government, the Offeror shall follow the procedure specified in Section 00 21 00 INSTRUCTIONS TO OFFERORS, paragraph: RESTRICTION ON DISCLOSURE AND USE OF DATA. However, portions of the winning proposal will be incorporated into the contract and are subject to disclosure, notwithstanding restrictive markings.

b. Volume I Proposal Format: All Volume I proposals shall be submitted in a single 3-ring binder with tabs separating the factors shown in the table below and identified by the Solicitation No.

(W9128F14-R-0048), project title (Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure for Various locations in the Continental United States (CONUS), Alaska, Hawaii and U.S. Territories), name, title, address, and telephone number of the Offeror. All required information for each identified evaluation factor must be contained within that specified Tab. The original plus five (5) copies and two (2) CD/DVD-ROMs of Volume I shall be submitted. CD/DVD- ROM copies shall be Adobe Acrobat (Version X compatible) with bookmarks for each Tab.

[*Am-1] Evaluation Factors Identified

Volume Factor Tab -Title Relative Importance of Evaluation Factors

Page Limitations

I Factor 1 Prime Contractor Experience

More Important Than Factors 2 and 3

[Text Deleted]

I Factor 2 Past Performance Less Important Than Factor 1 but More Important Than Factor 3

No Page Limitations for Past Performance

I Factor 3 Management Approach Less Important Than Factors 1 and 2

A completed Cover Letter, Section SF 1442 (Reference Section 00 10 00), On-line Representations and Certifications (ORCA) from the System for Award Management (SAM) and Representations and Certifications (Reference Section 00 45 00) as identified below are to be included with proposal.

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

1. In order to be considered for award of a contract for the requirements of this solicitation, the Offeror must submit a proposal with its offer. Failure to submit a complete proposal may result in the entire offer being rejected. The proposals shall be submitted in Volumes as follows:

Phase 1

Submit the Phase 1 proposal in a tabbed, three-ring binder identified by the Solicitation Number, project title, name, title, address, and telephone number of the Offeror. Arrange Volume 1in order as follows:

Volume 1, Phase 1 - Technical Proposal:

Cover Letter (First Page of Proposal) Table of Contents Completed SF 1442 On-Line Representations and Certifications Section 00 45 00, Representations and Certifications Joint Venture Agreement/Contractor Team Arrangement, if applicable TAB 1, FACTOR 1 - Prime Contractor Experience TAB 2, FACTOR 2 - Past Performance TAB 3, FACTOR 3 - Management Approach

2. Proposal Characteristics

a) Each Volume shall contain a table of contents and all pages of each factor shall be sequentially numbered. All text must be legible and easily read. The page size of the Offeror’s proposal shall not exceed 8-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size. Submit the SF 1442, completed and signed by a person authorized by the Offeror. Any 11 by 17 inch page will be counted as 2 pages.

b) Offeror will submit a cover letter per FAR 52.215-1 containing:

i. Solicitation number

ii. Names, titles, emails, and telephone and fax numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP

iii. Name, title and signature of the person authorized to sign the proposal

iv. A statement specifying agreement with all terms, conditions and provisions included in the RFP

c) For Joint Ventures, the information required by Paragraph 7 “Contract Team Arrangements and Joint Ventures”.

d) Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

e) The completed Section 00 45 00 of the RFP (Representations and Certifications), including the ORCA certification from SAM.

f) Identify Offeror as either Small Business or Other Than Small Business. For

Small Business, identify type (Small business, 8(a), HUBZone, SDVO SBC, WOSB or EDWOSB).

6. INQUIRIES/QUESTIONS

Technical inquiries and questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). To submit and review inquiry items, prospective Offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

A prospective Offeror who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective Offeror once the reply is available for viewing.

***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected. See Section 00 21 00 INSTRUCTIONS TO OFFERORS for additional information.

The Solicitation Number is: W9128F-14-R-0048 The Bidder Inquiry Key is included in Section 00 21 00 INSTRUCTIONS TO OFFERORS

7. CONTRACTOR TEAM ARRANGEMENTS AND JOINT VENTURES

7.1. DEFINITIONS

FAR Subpart 9.601 defines “Contractor team arrangement” as:

(1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or

(2) A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

7.2 CONTRACTOR TEAM ARRANGEMENT REQUIREMENTS

All Offerors proposing a team arrangement (including a joint venture or key subcontractor (subcontracts perform 20% or more of the prime contract value) whose resources are relied on in response to the requirement of the RFP), shall submit the following information:

a) Provide a listing of the team members’ corporate name (no abbreviations), address, point of contact, phone number, DUNS Number, and Cage Code. This information should be provided in both the technical and price proposal.

b) Submit a copy of the Joint Venture agreement, other Teaming Arrangement agreement, or signed binding letter of commitment from each team member. All joint ventures, teaming agreements, and letters of commitment shall: (1) clearly identify the expected relationship, role and responsibility between the firms or of the subcontractor or other entity (type and proportion of work to be performed); and (2) shall be signed by

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure the appropriate individual(s) of each firm. Joint Venture Agreements shall be provided in both the technical and price proposal. Letters of commitment shall be provided in the technical proposal.

(c) Relevant Joint Venture Requirements:

a) Section 8(a) Joint Venture: see 13 CFR §124.513,

b) HUBZone Joint Venture: see FAR Part 9.1303(c),

c) Service Disabled Veteran Owned SB Joint Venture: see FAR Part 19.1403(c).

7.3. SUBMISSION REQUIREMENTS FOR JOINT VENTURES

No contract may be awarded to a Joint Venture that is not registered in the System for Award Management (SAM) database. The joint venture must have its own DUNS number and register as such. The joint venture agreement must be received by Small Business Administration (SBA) prior to the Phase 1 proposal due date and approved before award of any resulting contract.

a. In the cover letter of your proposal, provide the complete names, addresses, and phone and fax numbers of the firms comprising the joint venture.

b. Joint Ventures shall submit the following additional documentation regarding their business entities:

1) A certified copy of their Joint Venture agreement before award of any resulting contract.

2) A detailed statement outlining the following in terms of percentages, where appropriate.

a. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

b. The structure of the joint venture and decision-making responsibilities of the Joint Venture parties in terms of who will control the manner and method of performance of the work.

c. Identification of the key personnel having authority to legally bind the Joint Venture to subcontracts and state who will provide or contract for the labor and materials for the Joint Venture.

d. Joint Ventures shall also state who will have custody and control of the assets of the

Joint Venture and perform the duties necessary to complete the work. Identification of party maintaining the Joint Venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the Joint Venture.

e. Identification of party having overall control of the Joint Venture.

c. Signature requirements: SF 1442, SOLICITATION, OFFER, AND AWARD (pages 00 10 00-

1 and 00 10 00-2), Block 20 requires that the name and title of a person authorized to sign the

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure offer for the joint venture be provided. In the case of a joint venture, subject Standard Form shall be signed by the principal representative of the joint venture (or the alternate principal representative, if the principal representative is unavailable).

d. In addition to the requirements stated above, and to assure a single point of contact for resolution of contractual matters and payments, the Offeror shall submit a certificate signed by each participant in the joint venture containing the following statement:

“The parties hereto expressly understand and agree as follows:

1. (name, title, and company) is the principal representative of the joint venture. As such, all communications regarding the administration of the contract and the performance of the work there under may be directed to him or her. In the absence of (same name, title, and company), (enter name, title, and company of alternate) is the alternate principal representative of the joint venture. These individuals have authority to sign on behalf of the joint venture.

2. Direction, approvals, required notices, and all other communications from the Government to the joint venture, including transmittal of payments by the Government, shall be directed to (enter name, title, and company of principal), principal representative of the joint venture.”

NOTE: Provide telephone numbers and email addresses for the points of contact listed in the above statement.

e. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual Joint Venture parties and identify the party, or hired as employees of the Joint Venture.

f. If one of the Joint Venture parties possesses experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past experience will be included as the experience and/or past experience of the Joint Venture.

7.4 INTEGRITY AND VALIDITY OF CONTRACTOR TEAM

ARRANGEMENTS/JOINT VENTURES

The Contracting Officer will recognize the integrity and validity of contractor team arrangements;

provided, the arrangements are identified and company relationship are fully disclosed and validation of formal agreements and relationships (i.e., Mentor-Protégé agreements, joint ventures, partnerships, etc.)

are provided in the offer and submitted with the proposal responding to the solicitation. Nothing in the solicitation authorizes contractor team arrangements in violation of antitrust statutes or limits the Government’s rights to:

a. Require consent to subcontracts (see FAR Subpart 44.2);

b. Determine, on the basis of the stated contractor team arrangement, the responsibilities of the prime contractor (see FAR Subpart 9.1);

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

c. Provide to the prime contractor data rights owned or controlled by the Government;

d. Pursue its policies on competitive contracting, subcontracting, and component breakout and initial production or an any other time; and

e. Hold the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.

8. BASIS FOR AWARD

The agency will use Two-phase Design-Build Selection Procedures authorized by FAR 36.301.

The Phase 1 selection will be based on evaluation of technical factors. There are three non-price (technical) factors in Phase 1: Technical Factor 1 – Tab 1 – Prime Contractor Experience, Technical Factor 2 – Tab 2 – Past Performance, and Technical Factor 3 – Tab 3 – Management Approach. Price will not be considered during Phase 1. Only those Offerors who submitted the most highly rated proposals in Phase 1 will be invited to submit a proposal for Phase 2, and they will be the only Offerors eligible to compete in Phase 2.

In Phase 2, the Government intends to evaluate proposals and award a target of 10 contracts without conducting discussions with Offerors. Phase 2 Factors not part of this phase include: Technical Factor 4 - Tab 4 – Key Home Office Personnel, Technical Factor 5 – Tab 5 – Project Execution Approach (Sample Project) and Technical Factor 6 – Tab 6 – Utilization of Small Business Concerns. However, in the event the Source Selection Authority (SSA)/Procuring Contracting Officer (PCO) concludes conducting discussions is in the best interests of the Government, the Contracting Officer will establish a competitive range. 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.

Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint.

Sample Project Pricing Schedule is being used to meet price competition requirements for this multiple award Indefinite Delivery/Indefinite Quantity pool.

9. PHASE 1 - RELATIVE IMPORTANCE OF EVALUATION FACTORS

As listed above.

10. SOURCE SELECTION PROCESS

All offers received in response to this solicitation will be evaluated in accordance with informal source selection procedures. The principal objective of this process is to select a responsible Offeror who submits the offer that is the Best Value to the Government. The process is designed to ensure the impartial, equitable, and comprehensive evaluation of all technically acceptable, responsible proposals received in response to this particular solicitation.

Source Selection Team

The Source Selection Team (SST) is established as a separate organization and management chain of command whose only purpose is to accomplish the objective above. The organization consists of a

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Indefinite Delivery Contract for Design-Build Construction in Support of POL Facilities – Infrastructure

Source Selection Authority (SSA), Source Selection Advisory Council (SSAC) and a Source Selection Evaluation Board (SSEB). The organization is designed to ensure active ongoing involvement of appropriate contracting, technical, logistics, legal, price analysis, Small Business, and other functional staff management expertise.

Source Selection Procedure

The source selection procedures will begin with an initial review of proposals received in response to Phase 1 of this solicitation. The SSEB shall evaluate the proposals based solely on the evaluation criteria identified below. To be considered acceptable, each Offeror shall specifically address each of the evaluation factors listed below. Sufficient detail shall be provided, citing specific data as may be required, such that the proposal may be adequately evaluated. The proposal must show clearly that the Offeror has an understanding of the work tasks required and has the capability and responsibility to accomplish the work. Proposals that do not generally conform to the RFP requirements may be considered to have a “deficiency”.

The results of the SSEB evaluations will be presented to the SSA, who will select the most highly qualified Offerors. The SSA will determine whether it is appropriate to engage in clarifications or communications.

The Government’s intent is to select a target of 15 of which a target of 9 being Small Businesses to participate in Phase 2 of this solicitation of the most highly qualified Offerors based on their overall rating after consideration of the following factors: Prime Contractor Experience, Past Performance, and Management Approach. The Government reserves the right to reject any or all proposals with an overall rating of Marginal or less, regardless of the number of other proposals or their ratings.

The Government is not responsible for information overlooked during the evaluation which is not located in the appropriate proposal section. To ensure the evaluation credit is appropriately received for proposal material submitted, do not incorporate by reference documents not contained in the proposal. References to sections of the proposal shall be by specific paragraph number (and name, if applicable), page number, and section.

11. TECHNICAL RATING

1. The evaluation ratings for the Technical Factors will be on an adjectival basis in conjunction with a narrative composed of the discussion of the particular strengths, weaknesses, and deficiencies of the proposal.

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