W9128F24R0004_Issued 03 April 2024.pdf

EMERGENCY POWER PLANT-FUEL STORAGE, EGYN123003, CAVALIER SPACE FORCE STATION, NORTH DAKOTA

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

THIS SOLICITATION IS UNRESTRICTED AND OPEN TO BOTH LARGE AND SMALL BUSINESS PARTICIPATION.

BRANDON P LANDIS 402-995-2056

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

03-Apr-2024

(RFP)

(IFB)

X

CALL:

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

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________540 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 May 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

ARMY CORPS OF ENGINEERS

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE W9128F

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128F24R0004 137

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9128F24R0004

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construct Emergency PP-Fuel Storage

FFP

Entire work complete for construction of Emergency Power Plant-Fuel Storage as indicated in the RFP drawings and specifications complete to the five-foot line, excluding items listed below. (MILCON-Funded) FOB: Destination

PSC CD: Y1GC

NET AMT

0002 1 Job Construct Electrical Site Work

FFP

Entire work complete to contract with NoDak for Construction of Electrical Site Work as shown in the RFP drawings and specifications. See Note 3 below.

(MILCON-Funded)

0003 1 Job Sitework

FFP

Entire work complete for Construction of Sitework and Utilities from the five-foot line, excluding items listed below. (MILCON-Funded)

0004 1 Job

HEMP

FFP

Entire work complete for Construction of the HEMP. (MILCON-Funded)

0005 1 Job Fuel Control Programming

FFP

Entire work complete for Programming of the Fuel Control Computer. (MILCON- Funded)

0006 1 Job OPTION Pavement

FFP

Entire work complete for Construction of Pavement Options shown on Sheet CS101A. (MILCON-funded)

0007 500 Cubic

Yard

OPTION Contaminated Soil Disposal

FFP

Entire work complete for Disposal of POL contaminated soil. (MILCON-funded)

CLIN SCHEDULE

PRICING NOTES:

OFFEROR'S NAME: ____________________________

TOTAL BASIC AMOUNT (CLINs 0001 – 0005): ____________________________

TOTAL OPTION AMOUNT (CLINs 0006 – 0007): ___________________________

TOTAL PRICE (BASE PLUS OPTIONS): ___________________________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The

Government reserves the right to exercise Option Items No. 0006 within 120 calendar days and No.

0007 within 180 days after issuance of Notice to Proceed, respectively. If any Options are awarded, the total contract duration will be increased by 100 calendar days one time.

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the Job (lump-sum) prices and the total amount, the lump-sum prices will be considered the price submitted.

3. NoDak is the provider of electrical utility service at Cavalier Space Force Station.

Electrical connections to the project site will be constructed by NoDak as show on the project drawings. All costs associated with this work will be paid by the Contractor directly to NoDak. The Government will fully reimburse the Contractor for all costs associated with electrical connections made by NoDak, as listed in Item 0002, except for any additional costs incurred as a direct result of Contractor negligence. Remainder of electrical site work will be constructed by the Contractor under Item 0001.

4. For CLIN 0007, the Contractor shall keep a record of the amount of contaminated soil being disposed of. Upon completion, if the amount of contaminated soil disposed of is less than the estimated quantities shown for the CLIN, the Government will receive a credit based upon the unit price noted in CLIN 007. If the amount of contaminated soil disposed of is above 115% or below 85% of the estimated quantity, the equitable adjustment will be in accordance with FAR CLAUSE 52.211-18, VARIATION IN ESTIMATED QUANTITY. This CLIN can be awarded at any time during the Construction Contract period.

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS (RFP)

1. SOLICITATION RESTRICTIONS

1.1. GENERAL CONTRACTOR

This solicitation is Unrestricted and Open to Both Small and Large Businesses.

1.2. ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $10,000,000 and $25,000,000.

1.3. SUBMISSION DEADLINE

Contractors shall submit their proposals via email to the instructions in Section 00 22 00 no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable.

Offerors shall use the following example for file descriptions:

Volume 1, Technical Proposal, shall be submitted as the following separate files:

W9128F24R0004_FIRMNAME_REQD_DOCS

W9128F24R0004_FIRMNAME_FACTORS1_thru_3 W9128F24R0004_FIRMNAME_FACTOR2_Appendix_Schedule

When requested via amendment with the 100% design, Volume II, Technical and Price Proposal, shall be submitted as the following separate files:

W9128F24R0004_FIRMNAME_REQD_DOCS

W9128F24R0004_FIRMNAME_FACTOR4

W9128F24R0004_FIRMNAME_PRICE

(Note: Company name may be abbreviated)

Proposal Format: Reference Section 00 22 00 EVALUATION CRITERIA for page limitations and format.

Proposals received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a proposal, the offeror must make every effort to ensure its electronic submission is virus-free.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Contractor/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e., Contractor's submission and all teammate/subcontractor(s) independent submissions) must be received by the due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

2. COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the U.S. General Services Administration website at:

https://sam.gov/.

It shall be the Contractor's responsibility to check the website for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation. A list of interested vendors (potential offerors and subcontractors) is available on the sam.gov website listed above (registration required).

3. OFFEROR’S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via Bidder Inquiry as indicated below. Question and/or comments relative to these bidding (proposal) documents that is proprietary in nature or if Bidder Inquiry system (See Below) is out of service should be submitted to the Contract Specialist:

Contract Specialist – Primary POC:

Brandon Landis, brandon.p.landis@usace.army.mil

3.1. BIDDER INQUIRY

Technical inquiries and questions relating to technical requirements, proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/ no later than ten (10) calendar days before due date of proposals, in order that they may be given consideration or actions taken prior to receipt of offers. The Bidder Inquiry system is to be used to ask and receive answer to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W9128F24R0004

The Bidder Inquiry Key is: KI95WI-HYH7WN

a. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret

Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

d. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

e. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

4. PLAN HOLDER’S LIST

For viewing a list of interested vendors (i.e. Plan Holders List) and receiving notifications or email of changes regarding a solicitation, U.S. General Services Administration has these features available (https://sam.gov/). For this solicitation, go to https://sam.gov/ and register as a vendor or enter username and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on "Add me to Interested Vendors" for the solicitation.

5. GENERAL DESCRIPTION OF WORK

Scope of project includes all work required to construct the Emergency Power Plant Fuel Storage Facility at Cavalier Space Force Station, North Dakota. Work shall be in accordance with the Request for Proposal documents (i.e. plans, specifications, etc.) issued with this solicitation.

6. EVALUATION AND CONTRACT AWARD

See Section 00 22 00 Evaluation Criteria

7. SOURCE SELECTION BOARD

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

8. FEDERAL, STATE, AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state, and local taxes as well as any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE, AND LOCAL TAXES.

9. TAXES – NORTH DAKOTA

a. UNEMPLOYMENT TAX SURCHARGE

The State of North Dakota has enacted legislation applicable to certain some contractors concerning an unemployment tax surcharge. See the North Dakota Century Code, Section 52- 04-06.1, Incremental Bond for Impact Projects. The law provides for an unemployment tax surcharge in addition regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to Job Service of North Dakota, Post Office Box 1537, Bismarck, North Dakota 58502. Telephone: (701) 224-3470 (Department of Revenue).

b. USE TAX

Bidders are advised of the possible applicability of North Dakota Use Tax. Government furnished Construction material used by the Contractor may be subject to Use Tax. The value of material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government-Furnished Property." Specific inquiries as to the applicability of North Dakota Use Tax should be referred to the North Dakota State Tax Commission.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

52.211-6 Brand Name or Equal AUG 1999 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns

APR 1984

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7009 Proposal Adequacy Checklist MAR 2023 252.215-7010 (Dev) Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data. (DEVIATION 2024-O0007)

FEB 2024

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

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

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

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

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

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

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

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

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

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

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

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

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

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

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

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

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

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

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Brittany Gull US Army Corps of Engineers Contracting Division 1616 Capitol Ave Omaha, NE 68102

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Scheduled Site Visit/Tours. Site tours must be arranged, preferably via email, in advance for access to the proposed project site at Cavalier Space Force Station, North Dakota. Please limit site attendance to no more than six

(6) personnel per prime offering entity to include prime contractor personnel, potential subcontractors, and consultants.

The tour will occur 24 April 2024 at 10:00 AM CDT.

Bidders shall email their request to the Point of Contact below no later than 2:00 PM MST on 17 April 2024. The bidders wishing access shall provide the following information:

a. Name of contractor

b. Name(s) of individual attendees

c. A second identification, i.e. driver’s license number and state

d. Any specific components of work that are of interest to be seen during the site visit (access/availability not guaranteed)

Tour attendees may need to meet at a location outside the installation perimeter – precise location to be provided when arrangements for attendance are made.

Site Visit Point of Contact (POC): Jay Klaassen Email: jay.d.klaassen@usace.army.mil Phone: 701-727-6127

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Per future Amendment(s) which will be documented on an SF30 – AMENDMENT OF

SOLICITATION/MODIFICATION OF CONTRACT.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,

DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

https://sam.gov/content/opportunities Solicitation No. W9128F24R0004

252.215-7012 REQUIREMENTS FOR SUBMISSION OF PROPOSALS VIA ELECTRONIC MEDIA (JAN 2018)

The Offeror shall submit the cost portion of the proposal via email.

Section 00 22 00 - Supplementary Instructions

EVALUATION CRITERIA

SECTION 00 22 00

EVALUATION CRITERIA

1. GENERAL SCOPE OF WORK

Construct a 360,000-gallon diesel fuel storage farm with accompanying ancillary structure and equipment to operate the Emergency Power Plant at Cavalier Space Force Station, North Dakota. This project will be executed using a design-bid-build (DBB) project delivery method, which will require the contractor to provide the government with a complete facility and warranty based on the Request for Proposal (RFP).

The estimated construction cost of this project is between $10,000,000 and $25,000,000.

This project will provide a new, 360,000-gallon diesel fuel storage farm which will consist of multiple single walled fuel tanks, with integral containment design, fuel monitoring, and leak detection.

The facilities will be designed as permanent construction in accordance with the DoD Unified Facilities Criteria (UFC) 1-200-01, General Building Requirements and UFC 1-200-02, High Performance and Sustainable Building Requirements. Each facility should be compatible with applicable DoD, Air Force, and base design standards. In addition, local materials and construction techniques shall be used where cost effective. This project will comply with DoD antiterrorism/force protection requirements per unified facilities criteria. All work shall be in accordance with RFP documents issued within this solicitation.

The Government reserves the right to award a contract without discussions in accordance with (IAW) FAR 52.215-1. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a technical and cost/price standpoint. Offerors shall organize their proposals as described herein.

Proposals may be determined non-compliant for failure to follow this format and may be rejected from further consideration.

Competition for this contract will be full and open competition. The North American Industry Classification System (NAICS) code is 237120 (Oil and Gas Pipeline and Related Structures Construction), with a corresponding small business size standard of $45M.

THE OFFEROR SHOULD BE REGISTERED IN SYSTEM FOR AWARD MANAGEMENT WEBSITE

(SAM.GOV) FOR NAICS CODE 237120 PRIOR TO THE DATE PROPOSALS ARE DUE.

2. SOLICITATION SELECTION PROCEDURES

The acquisition approach for this project will be a Bifurcated Best Value RFP following FAR Part 15. It provides the advantages of a traditional Best Value Trade-off procurement method but advertises the 95% or 100% backcheck design while the 100% ready to advertise design is being developed. The Bifurcated Best Value process means that a portion of technical proposals will be due first. At that time, the Source Selection Evaluation Board (SSEB) will convene and begin to independently evaluate each proposal against the factors in the solicitation. Near the submission of Volume I proposals, the amendment for 100% ready to advertise design will be issued and offerors will have not less than 30 days to submit their price proposals (Volume II) to include Factor 4, Small Business Participation Plan and Price. Upon receipt of Volume II, the SSEB will reconvene to evaluate the remaining evaluation factors.

Price Analysis review and the Source Selection Authority review of the Best Value Trade-off will commence after Volume II submission.

Offerors must submit a Volume I (Technical) proposal in order to submit a Volume II (Pricing) proposal.

Offerors shall assume that revisions to Volume I (Technical) proposals will not be allowed, accepted, or evaluated after formal Volume I submission on the requested date – unless requested by the Government by amendment or other formal correspondence.

The Government reserves the right to award a contract without discussions in accordance with (IAW) FAR 52.215-1. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a technical and cost/price standpoint. Offerors shall organize their proposals as described herein.

Proposals may be determined non-compliant for failure to follow this format and may be rejected from further consideration.

3. TECHNICAL RATINGS

The evaluation ratings for Technical Factors 2 and 3 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. The Source Selection Team (SST) will use a combined technical/risk rating system that includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in Table 1. The Combined technical/risk ratings will be used to evaluate Factor 2 Technical Approach and Factor 3 Key Personnel. The evaluation rating that will be used for Factor 1 Past Performance and Factor 4 Small Business Participation is described further below.

Table 1: Combined Technical/Risk Ratings Color Rating Description

Blue Outstanding Proposal demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths and/or at least one significant strength, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is unawardable, and/or risk of performance is unacceptably high.

RATING DEFINITIONS

Strength: is an aspect of an offeror's proposal with merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

Significant Strength: an aspect of an Offeror's proposal with appreciable merit or will exceed specified performance or capability requirements to the advantage of the Government during contract performance.

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

Significant Weakness: a flaw that appreciably increases the risk of unsuccessful contract performance.

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

4. PAST PERFORMANCE RATING

The Past Performance evaluation factor assesses the degree of confidence the Government has in an Offeror’s ability to supply products and services that meet users’ needs, based on a demonstrated record of performance. The Past Performance evaluation results in an assessment of the Offeror’s probability of meeting the solicitation requirements. The Past Performance evaluation considers each Offeror's demonstrated recent and relevant record of performance in supplying products and services that meet the contract’s requirements. One performance confidence assessment rating is assigned for each Offeror after evaluating the Offeror's recent Past Performance, focusing on performance that is relevant to the contract requirements. There are three aspects of the past performance evaluation: recency, relevancy ( including context of data), and quality (including general trends in contractor performance and source of information). All three aspects must be considered for each of the contracts or requirements evaluated;

which are described below:

4.1 Recency. The first aspect is to evaluate the recency of the offeror’s past performance. Recency is generally expressed as a time period during which past performance references are considered relevant, and is critical to establishing the relevancy of past performance information. The criteria to establish what prior performance is recent shall be unique to each source selection and shall be stated in the solicitation. The recency timeframe established should be based on the acquisition and the market/industry. For example, some efforts would require longer recency periods to avoid restricting competition simply due to the lack of item production.

Recent is defined as Past Performance on contracts that had a construction completion date (otherwise known as a building occupancy date (BOD)) within the past ten (10) years from the date of this solicitation, release, or at a minimum projects shall be at least substantially complete, meaning more than 90% invoiced and paid, within the past ten (10) years from the date of this solicitation release.

4.2 Relevance. The second aspect is to determine how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The criteria to establish what prior performance is relevant shall be unique to each source selection and shall be stated in the solicitation. In establishing what is relevant for the acquisition, consideration should be given to those aspects of an offeror’s history of contract (or subcontract) performance that would provide the most context and give the greatest ability to measure whether the offeror will successfully satisfy the current requirement. Common aspects of relevancy include, but are not limited to: similarity of product/service/support, complexity, dollar value, contract type, use of key personnel (for services), and extent of subcontracting/teaming.

There are four levels of relevancy, as shown in Table 2. When source selections require a greater level of discrimination within the past performance evaluation, the SST shall use all four of the relevancy ratings identified in Table 2. The SSP shall clearly identify the treatment of relevancy within the past performance evaluation. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Table 2: Past Performance Relevancy Rating

Adjectival Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

4.3 Quality of Performance. The third aspect of the past performance evaluation is to establish the overall quality of the offeror’s past performance (see FAR 15.304[c][2]). The past performance evaluation conducted 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.

Requirements for considering history of small business utilization are outlined at FAR 15.304(c)(3)(ii) and DFARS…