Amendment_0003.pdf

W9128F18R0020

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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.

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

1. The purpose of this amendment is to address bidder inquiries received in response to this solicitation. Changes are annotated herein by [AM0003].

2. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

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

16C. DATE SIGNED

BY 19-Dec-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9128F18R0020

X 9B. DATED (SEE ITEM 11)

16-Nov-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offer 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 you 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 APPROPRIATION DATA (If required)

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

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

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.

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Dec-2018

CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been modified:

CONTRACT RATE PRICING SCHEDULE

Section 00 10 00

CONTRACT RATE PRICING

SCHEDULE

TABLE 1: Binding Labor Rates

TABLE 1: Binding Labor Rate Schedule

Labor Discipline

U nb ur de ne d

La bo r Ra te (B as e

Pe rio d)

Bu rd en ed

L ab or R at e

(B as e Pe rio d)

Un bu rd en ed La bo r

Ra te

(O pt io n Pe rio d

1) en ed

La bo r Ra te

O pt io n

Pe rio d

1) rd en ed La bo r io n Pe rio d

2) en ed

La bo r Ra te

O pt io n

Pe rio d

2) rd en ed La bo r io n Pe rio d

3) en ed

La bo r Ra te

O pt io n

Pe rio d

3) rd en ed La bo r io n Pe rio d

4) en ed

La bo r Ra te

O pt io n

Pe rio d

4)

U nb ur de ne d

La bo r Ra te

M on th E xt en sio n) ur de ne d La bo r

Ra te

M on th

E xt en sio n)

Accounting Manager (Home Office)

Program

Operations

Project

Safety

Quality Control

Procurement / Contract Administration

Accounting/ Financial Analyst (Field Office)

Site Superintendent (Field Office)

Quality Control Specialist (Field

Site Safety Specialist (Field

Cost Tracker (Field Office)

NOTES:

1. The hourly burdened labor rates proposed in Table 1 are binding upon contract award for the life of the MATOC for firm-fixed-price (FFP) task orders. The hourly unburdened labor rates proposed in Table 1 are binding upon contract award for the life of the MATOC for cost-plus-fixed-fee (CPFF) task orders.

2. The hourly burdened labor rates shall include direct labor cost, payroll taxes, insurance, benefits, and applicable markups (e.g., Overhead, G&A, and other identified indirect costs), but shall exclude profit. (AM 0003)

3. The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to either a FFP or CPFF Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all modifications issued against task orders. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP or modification request based on the tasks within the RTOP or modification requests.

4. Adherence to these rates will be reviewed through submittal of supporting documentation by the

Contractor with each FFP or CPFF task order proposal. Failure to propose the binding hourly rate or a lower rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

5. If a discipline is not listed in the Binding Labor Rate Schedule and is required for the Contractor to perform a specific task order, the Contractor may propose the required labor discipline and the associated unburdened (for CPFF task orders) or fully burdened labor rate (for FFP task orders) (exclusive of profit) in the proposal submitted in response to the issued RTOP or modification request.

6. If during the Contract Period of Performance, the Contractor’s original personnel are no longer available, the Contractor shall find personnel that have the same qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Table 1. The rates provided in Table 1 are the maximum that will be paid by the Government for any replacement personnel.

7. The maximum rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2019 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2018. Under the same assumptions, if a modification to the Task Order is required in December 2019, the labor rates effective on 1 November 2019 will apply.

8. The Government reserves the right to request certified cost or pricing date; or information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

TABLE 2: Binding Cap Rates

Table 2 Binding Rate

Cap

Base Period Option Period 1 Option Period 2 Option Period 3 Option Period 4

Home Office Overhead Rate

Field Office Overhead Rate

G&A Rate

Other (identify):

1. The Binding Cap Rates provided in Table 2 are a breakout of the caps / markups incorporated into the Burdened Hourly Rates (Table 1). If the offeror has Binding Cap Rates that are the same for the Base Period and Option Periods 1 – 4 simply put the same number in each box. If the offeror intends to provide Binding Rate Caps that are different for any or all Option Periods 1-4 from the Base Period, the offeror must provide a justification for the changed cap rates.

2. The Binding Cap Rates represent the maximum rates that the Contractor shall use when responding to all task order request issued by the Government. These Binding Cap Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

3. Adherence to these rates will be reviewed through submittal of supporting documentation by the

Contractor with each task order proposal. Failure to propose the binding rates or a lower rates may result in the Contractor’s task order proposal being rejected for award consideration.

4. The Binding Cap Rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” Binding Cap Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the Binding Cap Rates effective on 1 November 2018 will apply.

TABLE 3: Profit / Fee

Table 3 ‐ Maximum Profit and Fee Rates Maximum Profit Rate (Firm Fixed Price Task Orders)

Maximum Fixed Fee Rate (Cost Reimbursement Task Orders)

1. The maximum profit rate shall be binding and shall be the maximum profit rate the Contractor will be allowed to propose for all firm-fixed-price task orders issued under this contract.

2. The maximum fixed fee rate shall be binding and shall be the maximum fee rate the Contractor will be allowed to propose for all cost reimbursable task orders issued under this contract. In accordance with

FAR

15.404-4(4)(i)(C), the offeror may not propose a fixed fee above the statutory limitation of 10%.

3. The Contractor may propose a lower profit or fee rate when responding to the task order request (or subsequent modifications) based on the tasks identified in the request. Profit and fee will be negotiated on an individual Task Order and modification basis, but shall never exceed the rates identified in Table 3. The maximum profit rate is profit cap shall be binding even if the Weighted Guidelines Method would result in a higher profit. The maximum profit rate shall not be construed as a “fixed” profit percentage for all Task Order or Modification actions. If Weighted Guidelines Method calculations indicate a lower profit is merited, the lower profit percentage shall be applied.

Department of Labor Wage Rates

The appropriate Department of Labor Wage Determination will be provided for individual Task Orders issued against the contract.

Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http:www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. No fee or profit will be paid on travel.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

SUPPLEMENTARY INSTRUCTIONS

Section 00 22 00

SUPPLEMENTARY INSTRUCTIONS

(Submission Requirements and Evaluation)

1.1 CONTRACT INFORMATION

1.2 INDEFINITE DELIVERY TYPE CONTRACTS

The Government intends to issue one solicitation and award a Multiple Award Task Order Contract (MATOC) for shared capacity of $95M to up to four (4) Small Businesses (SB). Individual Task Orders will be solicited and competed within the MATOC pool. Task Orders within the MATOC may be Cost-Plus-Fixed-Fee (CPFF), or Firm Fixed Price (FFP).

The base period for this MATOC is one (1) year. There will be four (4) one-year option periods, making the total ordering period up to five (5) years from the date of award. The Government’s decision to exercise an option will be contingent upon satisfactory contractor past performance and an informal survey of current market conditions. The minimum guarantee amount for this MATOC (to include all option periods) is $2,500.00.

1.3 TYPES OF PROJECTS

Projects will vary in size, complexity, and location, and will require a high degree of flexibility and adaptability.

The Contractor must respond quickly and effectively. All work will be time-sensitive in nature, necessitating an immediate response to mitigate threat to life and property and/or operational impacts to the government.

Previous task orders under the RDI program included: vegetation and debris removal; fuel line pigging/repair;

levee rehabilitation; and railway embankment repair.

Work contemplated under this MATOC include, but are not limited to:

Flood Recovery Flood control and water diversion projects, embankments, channel alignments and flood control structures in support of civil works missions.

Infrastructure Recovery Restoration, repair, and demolition of facilities, utilities, real property systems, and other infrastructure requirement that cannot be performed in required timeframes with normal contract mechanisms to meet vital mission requirements.

Emergency Management Response actions such as unwatering missions, debris recovery, temporary housing, and other actions to meet vital mission requirements.

Military Construction of facilities, infrastructure, water and sanitation systems, electrical systems, natural gas and other energy systems, fences, lighting, and roads to support troop movements and other crucial military missions.

NOTE: Each Task Order Request for Proposal will identify when the contractor must mobilize; however, emergency recovery actions may require mobilization within three (3) days of Government Notification.

Projects may require incidental design and/or ecological/environmental, hazardous waste recovery, and munitions work.

1.4 PROJECT LOCATIONS

Projects may occur anywhere in the United States (US). “United States” is defined as all 50 states, the District of Columbia, and outlying areas for this contract. The Offeror shall be prepared to respond to any location within the U.S., as defined above.

1.5 TASK ORDERS

Individual Task Orders will be awarded under this MATOC using either the Tradeoff Source Selection Process (see FAR 15.101-1) or the Lowest Price Technically Acceptable (LPTA) Source Selection Process (see FAR 15.101-2). The process will be determined at the Task Order level and will be communicated in the Task Order RFPs. Task Orders will be awarded as “Firm Fixed Price” (FFP), “Cost Plus Fixed Fee (CPFF),” or a combination of each contract type. Maximum Task Order award will be $20,000,000.00.

RDI Workload History

Average Range of Task Orders Issued: $400k – $2M

Please note that the Government will conduct a cost realism analysis in accordance with FAR 15.404-1(d) on individual Cost Reimbursement task orders during task order source selection so the Contractor(s) will be required to provide adequate cost information during the task order source selection process in order to do such analysis.

2.0 WHO MAY SUBMIT

This solicitation is open to Offerors registered as a Small Business (SB) in the System for Award Management (www.sam.gov).

The Primary North American Industry Classification System (NAICS) code for this solicitation is 236220. This code has a Small Business size standard of $36.5 million dollars.

Proposals submitted must be sufficiently detailed to allow for an effective and equitable evaluation by the Government. There will be no public proposal opening. Proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, electronic copies will be retained for the official paperless contract file. All other copies will be destroyed or forwarded to the Field and Areas Offices in support of their contract administration functions.

3.1 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

All Offerors shall submit electronic proposals, to include pricing information, to:

1. Glenda Canty whose e-mail address is glenda.a.canty@usace.army.mil and

2. Tyler Hegge whose e-mail address is tyler.hegge@usace.army.mil

Proposals without all required content may be deemed by the Government as non-responsive and the proposal may be rendered as ineligible for award. The Government will utilize the processes described in Section 00 22 00 to evaluate proposals. The Government intends to award up to four (4) contracts under this SB Multiple

Award Task Order Contract (MATOC). To be considered for award, Offerors shall submit complete and acceptable proposals prior to the date and time stated on the SF 1442. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal.

ELECTRONIC SUBMISSION SENT VIA EMAIL OR FACSIMILE WILL NOT BE ACCEPTED. (AM 0001)

3.2 PROPOSAL FORMAT

a. Submit proposals in PDF format identified by the Solicitation Number (W9128F18R0020), Company Name, and Volume identification. Each Volume will be submitted as a “separate file” when submitting. The proposal shall be submitted in Volumes as follows:

Volume I, Technical Evaluation Factors:

Table of Contents FACTOR 1: Previous Experience FACTOR 2: Core Competencies FACTOR 3: Key Personnel FACTOR 4: Past Performance

Volume II, Cost/Price:

Table of Contents Cost/Price Information

Volume III, Required Documentation:

Table of Contents Cover Letter Completed SF 1442 Completed SF 30 Representations and Certifications Bond Letter Contractor Team Arrangement Requirements

TABLE 1: Evaluation Factors & Cost/Price

Volume

Technical Evaluation

Factor

Title

Page Limitations

I

Factor 1

Previous Experience 10 pages (not including

Attachment 1)

Factor 2

Core Competencies 2 pages for Concurrent Projects

+ 3 pages for EMR/DART

Factor 3

Key Personnel

8 pages

Factor 4

Past Performance

No Page Limitation

II

Cost/Price

III

Required Documents

b. Proposal Characteristics

All proposals shall contain the evaluation submission requirements stated herein. Page limits shall not exceed those listed above in Table 1. All pages that exceed these limits will be ignored (e.g., only the first eight (8) pages of Factor 3 will be evaluated, even if eight or more pages were submitted by an Offeror). Page limitations are per factor, i.e. an Offeror may not reduce the page count for one factor in order to submit additional pages for another factor. (AM 0001)

Submit only that data which is necessary for proposal evaluation. Data submitted must reflect the Offeror’s interpretation of criteria contained in the RFP. Unnecessarily elaborate or voluminous brochures or other presentations are not desired and may be construed as an Offeror's lack of understanding of the RFP requirements.

Proposal clarity, organization, and cross-references are mandatory. Referenced information or materials not included within the proposal may be classified as non-conforming. Material omission(s) shall cause the technical proposal to be rendered as unacceptable for award. Proposals which are generic, vague, or lacking in detail may be considered unacceptable.

NOTE: Failure to include all required items may render the proposal non-responsive and ineligible for award.

i. Each Volume must contain a table of contents (not included in page count) and all pages of each factor shall be sequentially numbered (i.e. the first page submitted for evaluation of each factor shall be “1”) (AM 0001). 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 with minimum 10 point font. Margins (1-inch) shall be clean and clear. All submissions shall be in Adobe PDF format. All Adobe PDF documents should have Optical Character Recognition (OCR) applied to all documents so that word searches can be conducted using Adobe-compatible PDF software.

ii. Offeror shall submit a cover letter containing:

a. Solicitation number.

b. Name, title, address, email, telephone number and CAGE code of the Offeror.

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

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

e. CAGE codes for each Contractor/Firm under a Contractor Team Arrangement (if applicable)

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

Note: The cover letter is included in Volume III.

iii. Offerors shall submit a completed SF1442 with their proposal. Include DUNS number in block 14.

Note: The SF1442 is included in Volume III.

iv. Offerors shall submit acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

Note: The acknowledgement of amendments are included in Volume III.

v. All Offerors shall complete the Representations and Certifications section in the System for

Award Management (SAM) at www.sam.gov. If applicable, submit any additional information regarding Representations and Certifications that may not be documented in SAM.

Note: The SAM information is included in Volume III.

vii. Offerors shall submit a letter from their bonding company agent certifying the current maximum bonding capacity per project and the aggregate capacity. The bonding capacity shall demonstrate the capability as it relates to this solicitation.

Note: The bonding company letter is included in Volume III.

viii. For Contractor Team Arrangements, submit the information required by the below Paragraph 5 “Contractor Team Arrangements”.

Note: The contractor team arrangements information is included in Volume III.

SUBMITTAL REQUIREMENTS

3.3 Submit requirements for Technical Factors 1-4 and the Cost/Price Volume as stated in this solicitation.

In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically. All submissions shall be in Adobe PDF format. Each Volume will be submitted as a “separate file”. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the separate files in the following format:

W9128F18R0020_COMPANY NAME_ VOLUME_I_FACTORS_1-4

W9128F18R0020_COMPANY NAME_ VOLUME_II_COST/PRICE INFORMATION

W9128F18R0020_COMPANY NAME_ VOLUME_III_REQUIRED_DOCS

Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal so that the Government receives the proposal prior to the proposal due date and time.

The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the information provided.

Maximum email size that the Government will receive in 10mb. Multiple emails to the specified email addresses listed in Section 3.1 is permissible, but each Volume should be a separate file and not be split into multiple files to meet the allowable file size (AM 0001).

4.0 INQUIRIES/QUESTIONS

Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions. See section “BIDDER INQUIRIES” in this solicitation for the Quick Add Key and instructions on how to use ProjNet.

NOTE: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

5.1 CONTRACT TEAM ARRANGEMENTS (TO BE INCLUDED IN VOLUME III)

5.2 CONTRACTOR TEAM ARRANGEMENT OTHER THAN JOINT VENTURE (TO BE INCLUDED IN

VOLUME III)

All Offerors proposing a team arrangement other than a Joint Venture, shall submit the following information:

a. Provide a listing of the team arrangement members’ corporate name (no abbreviations), address, point of contact, phone number, DUNS Number, and CAGE Code.

b. Provide a description of how the team arrangement proposes to meet the requirements of 13 CFR

125.6 (15% rule for general construction).

c. Submit a copy of the signed team arrangement agreement or binding letter of commitment between each team member. All team arrangement agreements and letters of commitment shall:

(1) clearly identify the expected relationship, role and responsibility between the firms, prime contractor, and of the subcontractor or other entity (type and proportion of work to be performed); and

(2) be signed by the appropriate individual(s) of each firm.

5.3 JOINT VENTURE TEAM ARRANGEMENT (TO BE INCLUDED IN VOLUME III)

All Joint Ventures must meet the requirements of 13 CFR 125.15. 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 Data Universal Numbering System (DUNS) number and register as such. Joint Ventures shall submit the following documentation regarding their business entities; otherwise, failure to include all items may render the proposal non-responsive and ineligible for award:

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

b. A signed copy of the Joint Venture agreement.

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 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. A detailed statement outlining the following in terms of percentages, where appropriate, shall be submitted.

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

ii. 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.

iii. 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.

iv. 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.

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

f. Specify the JV party or parties that employ(s) each of the key personnel (as defined elsewhere in this RFP).

6.1 INTEGRITY AND VALIDITY OF CONTRACTOR TEAM ARRANGEMENTS

The Contracting Officer will recognize the integrity and validity of contractor team arrangements; provided that the arrangements are identified and company relationships are fully disclosed and validation of formal agreements and relationships (i.e., Mentor-Protégé agreements, joint ventures, partnerships, contractor team arrangements, etc.) are provided in the offer and submitted with the proposal responding to the solicitation as defined in FAR Part 9.6.

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);

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 initial production or an any other time; and

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

7.1 OVERVIEW: EVALUATION OR PROPOSALS

7.2 LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS

Proposals will be evaluated in accordance with FAR 15.101-2(b)(3). Contract award will be made to up to four

(4) Offerors who provide a technically acceptable proposal at the lowest price in accordance with this solicitation. The failure of a proposal to meet any of the acceptability standards for any factor will result in a technically unacceptable rating and preclude award.

7.3 BASIS OF AWARD

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

Automatic award will be made to the lowest price offerors, only if those offerors have Acceptable ratings and prices that are determined to be fair and reasonable. If the lowest price offerors have Unacceptable ratings or prices that are not determined to be fair and reasonable, the Contracting Officer shall have the discretion to hold discussions.

All offers received in response to the solicitation will be evaluated in accordance with the evaluation requirements of this solicitation. The Government intends to award up to four (4) contracts on the basis of initial offers received, without conducting discussions with Offerors. However, in the event the Source Selection Authority (SSA)/Procuring Contracting Officer (PCO) concludes conducting discussions is in the best interest of the Government, the PCO, with approval from the SSA, will establish a competitive range. If the PCO 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 PCO 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, each initial offer should contain the Offeror's best terms from a cost/price and technical standpoint.

8.1 SOURCE SELECTION PROCESS

All offers received in response to this solicitation will be evaluated in accordance with FAR Part 15.3, DoD Source Selection procedures, and Army Source Selection Supplement. The principal objective of this process is to select a responsible Offeror who submits the offer that is Lowest Price, Technically Acceptable (LPTA). 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.

8.2 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 SSA, PCO, 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.

8.3 SOURCE SELECTION PROCEDURE

The source selection procedures will begin with an initial review of proposals received in response to 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. The SSA, using his/her independent judgment, will select the lowest price Offerors who were rated Acceptable in all non-price factors in accordance with established criteria in this solicitation. The SSA and PCO will determine whether it is appropriate to engage in clarifications or communications.

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 reference documents that are 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.

8.4 EVALUATION OF TECHNICAL PROPOSAL

The purpose of the technical factor is to assess whether the Offeror’s proposal will satisfy the Government’s minimum requirements. Factors 1, 2 and 3 of the Offeror’s proposal will be evaluated against the established minimum requirements stated in this solicitation to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in Table 2 below:

TABLE 2. Technical Acceptable/Unacceptable Ratings

Adjectival Rating Description

Acceptable Proposal meets the minimum requirements of the solicitation.

Unacceptable Proposal does not meet the minimum requirements of the solicitation

Factor 4 Past Performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements.

Past performance will be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant or not relevant to the effort to be acquired. The criteria to establish what is recent and relevant is stated in Paragraph 12.4 below.

Second, the past performance evaluation should determine how well the offeror performed on prior contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

9.0 RATING DEFINITIONS

The ratings and description for the past performance evaluation is listed below in Table 3:

TABLE 3. Past Performance Acceptable/Unacceptable Ratings

Adjectival Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

10.0 DEBRIEFING OFFERORS

Offerors may request a debriefing in accordance with FAR 15.505 Pre-award Debriefing of Offerors or FAR

15.506 Post-award Debriefing of Offerors. Offerors will be given only one debriefing.

11.0 DEFINITIONS

Construction: means construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property. For purposes of this definition, the terms “buildings, structures, or other real property” include, but are not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways, airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, and channels. Construction does not include the manufacture, production, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, or other kinds of personal property (except that for use in FAR Subpart 22.5, see definition at 22.502).

Infrastructure: Includes systems, facilities, and assets so vital that their destruction or incapacitation would have a debilitating impact on national security, the economy or public health, safety, and welfare.

Infrastructure may cross political boundaries and may be built (such as structural, energy, water, transportation, and communication systems), natural (such as surface or ground water resources), or virtual (such as cyber, electronic data, and information systems).

Similar: having characteristics in common and is strictly comparable to a referenced item.

Teaming Arrangement: Per FAR Subpart 9.6, Contractor Team Arrangements are arrangements in which:

(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.

12.0 TECHNICAL FACTORS TO BE EVALUATED

12.1 VOLUME I – FACTOR 1 – PREVIOUS EXPERIENCE

12.1.1 Submission Requirements

The Offeror shall submit five (5) project experience examples and shall complete and submit Attachment 1. Factor 1 submissions shall not exceed ten (10) pages (2 pages allowed per project) (AM 0001). Additional pages will be disregarded. Attachment 1, discussed below, is excluded from this page count.

Projects should demonstrate the offeror’s (and its team members’) experience in performing work that is similar in size, scope, and complexity to that required by this solicitation. Each project is at least 80% complete from the date proposals are due. Projects that are not at the Task Order (TO) level or on a standalone contract will be considered unacceptable. A project is defined as a TO or a standalone contract, not an IDIQ/ Type contract.

12.1.1.2 Categories of Work

Project examples shall include one or more projects which collectively demonstrate all of the following categories:

Cost Reimbursement: Submit a minimum of one (1) project in which cost reimbursement work was performed for the Federal Government.

o Project example(s) submitted can be from the Offeror who performed the project as a Prime

Contractor, JV participant, or Teaming Partner or from the Offeror’s proposed JV or Teaming Partner(s).

Time Sensitive: Submit a minimum of one (1) project that required mobilization within 45 days after Notice to Proceed.

o Project example(s) submitted can be from the Offeror who performed the project as a Prime Contractor, JV participant, or Teaming Partner or from the Offeror’s proposed JV or Teaming

Partner(s).

Infrastructure Repairs: Submit a minimum of one (1) repair, renovation, reconstruction, or construction of infrastructure project that had a total contract value (including modifications) greater than or equal to $500,000 and for which the Offeror directly employed a minimum of five (5) staff employees, although not all employees needed to be assigned to the project full-time.

o Project example(s) submitted shall have been performed by the Offeror as a Prime Contractor.

Work performed as a subcontractor (including subcontractors under a teaming partner arrangement) is not acceptable.

Use the “Previous Experience Chart for Factor 1” (Attachment 1), to identify which of your project examples fall into the various categories. Note that a single project may be used as an example of experience in multiple categories.

Each project example submitted shall include:

Points of contact for references to include o name o specific role/title on the contract o mailing address o phone number (work) o e-mail address

A unique contract identifier number.

If a Task Order has been provided as a project example, provide:

o the base contract number o the project’s specific Task Order number

Recent project experiences.

o State the project completion date or, if the project is not completed, demonstrate that 80% of the project is completed. Recent is defined as either projects completed within the last eight

(8) years from the date that proposals are due or projects underway with construction at least 80% complete (i.e., at least 80% of the contract funds have been paid out on the project).

Relevance. Describe how the project experience is relevant to the scope of work contemplated in the solicitation.

Describe your role as the Offeror for each project experience submitted. State if your role was the Prime Contractor, JV participant, or part of a Team Arrangement at the time the project was executed. Or state if the project experience submitted was performed by a proposed JV or Teaming Partner and not by you as the Offeror.

The Offeror must ensure that there is a Point of Contact that is current for each project submitted for this factor. The Government reserves the right to verify information on the project. If the Government cannot verify the information, it may discount the project information which could affect the technical rating for this factor.

12.1.2 Determination of Technical Acceptability

In order to receive an “acceptable” rating for this factor, all requirements stated above must be met.

Projects that are not considered relevant (i.e. size, scope, complexity) will result in an unacceptable rating.

12.2 VOLUME I – FACTOR 2 – CORE COMPENTENCIES

12.2.1 Submission Requirements:

1) Concurrent Projects: RDI contractors must have an ability to manage and execute work at more than one location at once. Submit descriptions of projects that were performed concurrently at two separate locations anywhere in the United States geographically discrete locations anywhere in the U.S. (defined as all 50 states, District of Columbia, and outlying areas) by the Prime. (AM 0003) “Concurrent” means that a portion (at least 30 days) of both projects’ physical, onsite work schedules overlapped. Projects shall have a minimum award value of $500,000.00. These projects may be, but are not required to be, the same projects submitted for Factor 1. Each of the two project examples will be submitted on one page (two pages total), and should include the following information:

Points of contact for references to include o name o specific role/title on the contract o mailing address o phone number (work) o e-mail address

A unique contract identifier number.

If a Task Order has been provided as a project example, provide:

o the base contract number o the project’s specific Task Order number

The following dates:

o Contract award o Physical Start of work onsite o Physical Completion of work onsite o Contract Completion

2) Health and Safety. The Government seeks to determine whether the Offeror has consistently demonstrated a commitment to safety in the performance of its construction contracts by evaluating either the Offeror’s Experience Modification Rating (EMR) or, alternatively, its OSHA “Days Away, Restricted or Transferred” (DART) rating. Offerors may elect which rating to submit (EMR or DART) to satisfy the Health and Safety requirement. Offerors are not required to submit both ratings.

a) EMR ratings:

1. Submit your firm’s EMR for construction contracts executed within the last three years. If the Offeror is a newly formed JV with no history of EMR’s, then each participant of the JV shall submit its EMR’s for the past three consecutive years. If the Offeror is a new corporate entity with no EMR history, affirmatively state so. Newly formed companies will not be penalized for this substitution and the current EMR will be used in the evaluation. The Government reserves the right to verify the accuracy of EMRs and/or statements that no EMR history is available.

2. Only the EMR information of the Offeror (Prime Contractor or Joint Venture identified on the SF 1442) will be evaluated and rated.

b) DART ratings: Submit your firm’s current OSHA DART rating. Only the DART rating of the Offeror (Prime Contractor or Joint Venture identified on the SF 1442) will be evaluated and rated. If the Offeror is a newly formed JV with no DART rating, then each participant of the JV shall submit its DART ratings for the past three consecutive years. If the Offeror is a new corporate entity with no DART history, affirmatively state so. Newly formed companies will not be penalized for this substitution and the current DART rating will be used in the evaluation. The Government reserves the right to verify the accuracy of DART ratings and/or statements that no DART rating history is available.

12.2.2 Determination of Technical Acceptability

a) Concurrent projects requirements: All requirements stated for concurrent projects must be met.

b) Health and Safety requirements: Offerors will be considered technically acceptable if one of the following requirements are met:

1. EMR Rating: For Offerors with a 3-year history of EMR ratings, an average EMR rating of 1.0 or lower over the past three consecutive years will be acceptable. Offerors that have a history of EMR ratings that are less than 3 years will use the available EMR ratings for its development of the average. For example, an Offeror that has a 2-year history of EMR ratings, an average EMR rating of 1.0 or lower over the past two consecutive years will be acceptable. Offerors that affirmatively state that they do not have an EMR history will be rated as acceptable for this factor.

2. DART rating: For Offerors with a 3-year history of DART ratings, an average DART rating of

2.0 or lower over the past three consecutive years will be acceptable. Offerors that have a history of DART rating histories that are less than 3 years will use available DART ratings for its development of the average. For example, an Offeror that has a 2-year history of DART ratings, an average DART rating of 2.0 or lower over the past two consecutive years will be acceptable. Offerors that affirmatively state that they do not have a DART history will be rated as acceptable for this factor.

12.3 VOLUME I – FACTOR 3 – KEY PERSONNEL

12.3.1 Submission Requirements

The Offeror shall provide the resumes for the following positions only. Do not provide resumes for any other personnel/positions, even if those personnel/positions are described elsewhere in this RFP. Additional resumes may be required at the Task Order level after award.

Construction Operations Manager Corporate Quality Control Manager Corporate Safety and Health Mgr.

Program Manager

The resumes for these personnel must meet the minimum requirements identified in Section 01 11 00. Each resume is to state the key personnel’s current employer. Each resume is not to exceed two (2) pages.

If after award, and for reasons beyond the control of the selected Offeror, any of the key personnel identified in the proposal are not able to perform, replacement personnel with qualifications and experience equal or better than those identified in Section 01 11 00 shall be presented in writing to the Contracting Officer for approval. The Offeror shall obtain the Contracting Officer's written consent before making any substitutions for these designated personnel.

12.3.2 Determination of Technical Acceptability

The Offeror’s proposal will be evaluated against the requirements stated in this section and Section 01 11 00 to determine whether the proposal is acceptable or unacceptable. In order to receive an “acceptable” rating, the proposal must show that all key personnel identified in 12.3.1, above, meet the minimum requirements.

12.