W9128F24R0012_249M SB ERS AMENDMENT SUMMARY 0001_13 SEP 24.pdf

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

This solicitation is hereby amended for the follow ing:

1. Section L updated-reference changes in red

2. Section M updated- reference changes in red All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

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

16C. DATE SIGNED

BY 13-Sep-2024

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 W9128F24R0012

X 9B. DATED (SEE ITEM 11)

22-Aug-2024

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

12-Sep-2024

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:

W9128F24R0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been deleted:

52.219-31 Notice of Small Business Reserve MAR 2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTIONS TO OFFERORS

SECTION L- INSTRUCTIONS TO OFFERORS (AMD 01)

General Information:

1.1. The U.S. Army Corps of Engineers (USACE), Omaha District intends to issue a Small Business Set-Aside solicitation [also known as a Request For Proposal (RFP)] and award an Environmental Remediation Services (ERS) Multiple Award Task Order Contract (MATOC) for shared capacity estimated at $249M to a target of eight (8) contractors. The geographic coverage of this MATOC is primarily within the CENWD area of responsibility (AOR) and may include approved customers that Northwestern Division (NWD) is designated to support through established Memoranda of Agreements (MOAs). 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) task orders, depending upon project risk.

NOTE: The Government targets 8 awards, however, if the Contracting Officer determines during the source selection process that fewer or more than that number of contracts should be awarded, the Contracting Officer has the discretion of adjusting that number (higher or lower) or awarding none at all. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government using trade-off selection procedures as required by the Federal Acquisition Regulation (FARS) and other supplementary guidance.

The U.S. Army Corps of Engineers (USACE), Omaha District intends to use Competitive Source Selection Procedures in accordance with the provisions set forth in this RFP, Federal Acquisition Regulation (FAR) Part 15.3, Department of Defense Federal Acquisition Regulation Supplement (DFARS) 215.3, Army Federal Acquisition Regulation Supplement (AFARS) 5115.3, Department of Defense Source Selection Procedures, and the Army Source Selection Supplement (AS3) to the Department of Defense Source Selection Procedures.

The base ordering period for this MATOC is five (5) years. The Request for Proposal (RFP) and resulting contract(s) will include one (1) optional ordering period of two (2) years, with a total ordering period up to seven (7) years from the date of contract award, with an option to extend the MATOC an additional six (6) months in accordance with FAR Clause 52.217-8, Option to Extend Services. 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 decision to exercise the option is at the discretion of the Government. The minimum guarantee amount for this MATOC (to include all option periods) is $2,500.00.

1.2. There are no drawings associated with this RFP. Copies of the RFP and any amendments will be made available by via the System for Award Management (SAM) website (SAM.gov).

1.3. To ensure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein.

Offerors are required to meet all RFP requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the RFP no later than the exact date and time specified.

There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award.

1.4. The Contracting Officer has determined there is a high probability of adequate cost/price competition for negotiation and award of the base contract(s). Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition, the Contracting Officer determines that adequate price competition no longer exists, Offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the proposed cost/price is considered fair and reasonable.

1.5. North American Industry Classification System (NAICS): The NAICS code for this acquisition is 562910. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1000 employees (13 CFR Part 121, effective 2 May 2022).

1.6. Bidder Inquiry. Technical inquiries and questions relating to technical requirements, proposal procedures, etc.

are to be submitted via Bidder Inquiry in ProjNet (https://www.projnet.org/projnet/) no later than ten (10) calendar days prior to the date set for receiving proposals, in order that they may be given adequate consideration prior to receipt of offers. The Bidder Inquiry system is to be used by Offerors to make comments and ask non-proprietary questions, and by the Government to review and/or respond to those comments or questions.

To utilize this system, prospective Offerors will need to use the Bidder Inquiry Key and instructions listed below:

Project ID: W9128F-24-R-0012 Project Name: $249M SB ERS MATOC Quick Add Key: NT7BQ6-HP9R2A

A. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System (“B,” below).

a) From the ProjNet home page link above, click on Quick Add on the upper right side of the screen.

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

• Key. Enter the Bidder Inquiry Key listed above.

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

b) 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.

c) 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 Secret Answer as they will be used from this point on to access the ProjNet system.

d) Click Add User. You are now registered within ProjNet and are logged into the system.

B. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

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.

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

b) Identify the Agency. This should be marked as USACE.

c) Key. Enter the Bidder Inquiry Key listed above.

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

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

f) Enter your Secret Answer and click Login. Once this is completed you will be logged into the system.

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

C. Prior to submitting a new inquiry, Offerors are requested to review the RFP in its entirety, and to review any and all existing inquiries and Government responses.

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.

A prospective Offeror who submits a comment/question will receive an automated acknowledgement of their comment/question via email, typically followed by response by the Government once it has completed its review.

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

1.8. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contracting Officer with a copy to the Contract Specialist identified in Paragraph 2.4 of this RFP in writing (email is the preferred method) with supporting rationale. The Offeror is reminded that the Government intends to award the resulting contract based on the initial proposal, as received, without discussions.

2. Specific Proposal Instructions

2.1. Proposal Expenses and Pre-contract Costs.

This RFP does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this RFP. The Government also will not be responsible for costs associated with preparing proposals for individual task orders. Finally, the Government will not pay for or subsidize any costs incurred for attendance at the pre-proposal conference or site visits for task orders.

Note specifically that the Offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFP does not constitute an award commitment on the part of the Government.

2.2. Discussions.

The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, which may be limited for efficiency (FAR Part 15.306(c)(2)), and to award a contract to other than the Offeror submitting the lowest cost/priced offer. Offerors are advised that the Government intends to award without discussions; however, clarifications may be necessary without discussions (FAR Part 15.306(a)(2)). Therefore, proposals should be submitted initially on the most favorable terms from a cost/price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

2.3. Accuracy.

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

2.4. Proposal Submittal Instructions.

In an effort to reduce paper and cost, all proposals shall be submitted electronically. All submissions will be in Adobe PDF format with Optical Character Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two (2) volumes listed below shall be submitted as SEPARATE files via email. Offerors should follow Controlled Unclassified Information (CUI) guidelines and use proper markings if submitting documents that are considered CUI. Proper markings include the following: banner markings should appear above the email text containing CUI, the email subject line should also indicate the email contains CUI, and file names for any attachments containing CUI. Total size cannot exceed 35MB. If multiple emails are needed, please mark additional emails “1 of 2” and “2 of 2” to go along with the other instructions herein. (AMD

01) Offerors may use compression utilities such as 7-Zip, WinZip or PKZip to reduce file size and facilitate transmission. Offerors are encouraged to send both files in the same email transmission, if possible.

Table 1 – Submittals

Title the single files in the following format:

W9128F24R0012_Company Name_Volume_I_Technical_Proposal W9128F24R0012_Company Name_Volume_II_Required_Docs

*Note: Company Name may be abbreviated.

For this solicitation, the proposal email recipients will be:

Tyler Hegge Tyler.Hegge@usace.army.mil Jen Gilbreath Jennifer.C.Gilbreath@usace.army.mil

Provide the proposal to the emails cited above in the table. (AMD 01)

Offerors should email their proposals directly to the Contract Specialist and the Contracting Officer by using the following link https://piee.eb.mil/ Procurement Integrated Enterprise Environment (PIEE) (eb.mil) (AMD 01)

Please ensure you have registered for an account within PIEE and have knowledge using the system.(AMD 01)

For the purposes of determining whether the proposal was received “late” in accordance with FAR 15.208, the date and time the file(s) are received via PIEE email (AMD 01) will be the time and date the Government received the proposal. Do not assume that electronic communication is instantaneous. Please make allowances for delays in transmittal. The Government is not responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. The Offeror is responsible for ensuring that the proposal is submitted so as to reach the designated recipient and is responsible for allowing sufficient time for the proposal to be received in accordance with the information provided. Failure to submit a complete proposal in accordance with instructions and requirements may result in t he entire offer being rejected.

2.5. Proposal Characteristics.

2.5.1. Each volume shall contain a table of contents which is not included in the page counts listed in Table 2 but is limited to two pages for each volume. In addition, the offeror can provide an acronym list for Volume I, which is not

Volume I: Technical Proposal and Past Performance Information Volume II: Cost Information and Representations, Certifications, and Other Statements of Offerors included in the page counts in Table 2 but is limited to 3 pages. All pages of each factor shall be sequentially numbered.

The proposal must also contain an SF 33, completed and signed by a person authorized by the Offeror. (AMD 01)

Title pages, Table of contents, Executive Summaries, and Acronym Lists may be included in the proposal (no page limitations). All pages of each factor shall be sequentially numbered. The proposal must also contain an SF 33, completed and signed by a person authorized by the Offeror. (AMD 01)

2.5.2. Offeror shall submit a one page cover letter in Volume II containing:

• RFP number, W9128F24R0012

• Name, title, address, email, and telephone number of Offeror.

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

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

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

• If JV – provide the complete names, CAGE code, UEI, (AMD 01) addresses, and phone numbers of the firms comprising the joint venture.

2.5.3 For the Contractor Team Arrangements. including Joint Ventures, submit the information required in Section L, paragraph 5.5, “Contractual Arrangements.”

3.0 Proposal Requirements and Format

3.1. Offerors shall submit one file labeled as “W9128F24R0012_Company Name_Volume_I_Technical_Proposal” with tabs (electronic bookmarks or equivalent) to identify the factors outlined below. All required information for each identified factor must be contained within that specified Tab. Offerors shall submit one file labeled as “W9128F24R0012_Company Name_Volume_II_Required_Docs” with tabs (electronic bookmarks or equivalent) to identify and contain the required information outline below.

Offerors shall submit acknowledgement of all amendments to the RFP with the proposal submittal.

3.2. Page Limits. Page limits for Factors 1-3 are shown in Table 2, below:

Table 2 - Proposal Format -- Volume I: Technical Proposal and Past Performance

Volume I – Technical Proposal and Past Performance Information (Factors listed in descending order of importance)

EVALUATION

FACTOR

LOCATION

TITLE

PAGE LIMITATION

1 TAB 1 Past Performance (Confidence Assessment of Previous Projects)

• Offeror’s past project example summaries: 2 pages per project. Total page count shall not exceed 6 pages.

• CPARS and PPQ documentation for past project examples: No page limit.

• List of other relevant CPARS entries: 1 page. (AMD 01)

• Disclosure of Termination of Default, Notice of Violations, and/or OSHA Violation -Explanation of violation and correction action(s): 1 page.

2 TAB 2 Organizational

Structure

• Organizational Chart/Technical

Approach

Chart/Management Approach (AMD 01)

• The organization chart shall not exceed two (2) (AMD 01)pages.

• The narrative of the Offeror’s organizational technical management structure approach shall not exceed 5 seven (7) (AMD 01) pages.

• Total page count for this Factor 2 is nine

(9) pages maximum. (AMD 01)

3 TAB 3 Resumes of Key Management Personnel for this Contract

• Maximum of 2 pages per key management person. Total page count shall not exceed 10 pages. The key management personnel are as follows:

• Program Manager (Resume #1)

• Program Chemist (Resume #2)

• Contractor Quality Control Supervisor

(Resume #3)

• Safety and Health Manager (Resume

#4)

• Senior Contracts Manager (Resume

#5)

Note: Excess pages will not be read or considered in the evaluation of the proposal.

The volumes are limited to single-spaced typewritten pages using no smaller than 10-point proportional font (Times New Roman) or equivalent as the "normal" size standards. No “condensed” fonts shall be utilized. All text shall be legible and easily read. Font size in tables, charts, graphs and figures shall be no smaller than 10-pt, regardless of font used. Page limitations are per factor, for example, an Offeror may not reduce the page count for one factor in order to submit additional pages for another factor.

3.3. Page Size: Unless otherwise stated, a “page” is defined as being one side of an 8.5” x 11” sheet of paper.

Margins on all four edges of each sheet shall be at least one-half (0.5) inch regardless of paper size. Margins shall be free and clear of any text except for proprietary statements, security markings and page numbers which may fall within the defined margin area. RFP number and company name of Offeror may also be included within the margins. Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layouts, implementation schedules, plans, etc. If an offeror utilizes an 11”x 17” page, it shall count and be numbered as two (2) pages,

4.0. Volume Content. Proposals submitted in response to this RFP shall consist of the contents required in the subparagraphs described below:

4.1. Volume 1, Factor 1 – Past Performance (Confidence Assessment of Previous Projects).

4.1.1. A project is defined as: Work performed pursuant to one specific task order of an indefinite delivery/indefinite quantity (IDIQ) type contract or a single stand-alone “C” type contract which has one specific past performance evaluation in CPARS or via completion of a PPQ. Multiple ID/IQ task orders combined together does not meet the definition of a “project.” An ID/IQ type contract or the performance of work pursuant to multiple task orders of an ID/IQ type contract does not represent a "project" within this definition. If the offeror provides a specific task order as its "project," it shall provide the base contract number and the task order number for reference purposes. If the offeror provides a single stand-alone “C” type contract as its "project," it shall provide the contract number for reference purposes. Projects must have been completed within the last five (5) years from the initial proposal due date and at a minimum be 90% financially complete.

4.1.2. Presentation of Previous Experience: The Offeror shall submit three (3) examples of completed projects which demonstrate relatable remedial activity experience as described in Section C of this RFP. The projects selected should show diversity in the types of work accomplished by the firm to accomplish the work identified in Section C of this RFP, including, but not limited to, demonstrated experience executing cost reimbursement projects;

demonstrated experience using teaming partners that will be a part of the contract resulting from this RFP;

demonstrated experience using the offeror’s key personnel that will be directly involved in the contract resulting from this RFP, including their role(s) on the previous experience project(s); and demonstrated experience in remedial activity projects, including significant and complex projects with an explanation why the project(s) are considered complex. The Offeror shall also provide the dollar value of the project, any regulatory oversight, and any distinctive and/or unique features of the project.

Projects which include, but are not limited to, architectural-engineering (A-E) design (AMD 01) services and Advisory and Assistance Services (AAS) support services (AMD 01) are not considered relevant to the Section C, Performance Work Statement.

The Offeror may include both federal government and commercial work. The Offeror must have been the Prime Contractor, or Joint Venture partner on the project, or a named first-tier small business subcontractor in the offer to this solicitation (AMD 01). The Offeror shall also describe its primary role/duties in execution of the work (for example, the major components of the project which were completed by the prime’s staff/personnel and major components which were subcontracted out).

Project #1 Remedial Action Construction Project. The Remedial Action project shall each have a minimum contract value equal to or greater than $4,000,000 executed by the offeror with successful outcomes. The projects shall demonstrate the successful performance of a remedial action construction project executed under CERCLA or RCRA authorities.

Project #2 MMRP Project The MMRP project shall demonstrate the Offeror’s capability to successfully perform a complex MMRP project of the type described in Section C of this RFP.

Project #3 ERS Project The selected ERS project shall demonstrate the Offeror’s capability to successfully perform a complex ERS project of the type described in Section C of this RFP.

At least two of the projects submitted shall be for the Federal government.

At least one of the projects submitted shall be cost reimbursement.

Please note that a Time and Materials or a Labor Hour contract is not a cost reimbursement contract.

4.1.3. Information on Previous Experience. The following information shall be included as a minimum in the presentation of previous experience for all projects:

• Project #: Name of project and location (City and State, or Military Installation Name and State, if appropriate)

• General project narrative as described in bullet 15 below.

• List of key personnel and their role on this project. The offeror should indicate which of the key personnel are currently employed by the firm or if they are employed by a subcontractor or teaming partner.

• Project performance issues. Examples include cost/schedule, health and safety issues, regulatory/stakeholder issues and other performance issues and how those issues were resolved.

• Contract Information/Contract Schedule shall include: the outlined information

1. Customer (agency, military branch, state, city, etc.)

2. RFP Number (AMD 01) Explanation of the relationship between the project and the offeror. (AMD 01)

3. Contract and (if applicable) task order number, at award

4. Contract/task order title

5. Contract/task order award date

6. Notice To Proceed (NTP) date (if applicable)

7. Project completion date

8. Project duration (days)

9. Contract/task Order cost at award

10. Final Contract/task order cost to the Government/Customer

11. Location of work (City/Installation, State, Territory, Commonwealth, etc.)

12. Individual Point of contact for the customer/client.

a. Name

b. Title

c. Role (Contracting Officer, Program Manager, etc.)

d. Mailing address

e. Phone number (work)

f. Email address

13. Name of Company awarded the contract. If this differs from the company name of the Offeror for this RFP, explain why (for example, if the current Offeror was then a member of a Joint Venture working under a different company name).

14. Affirmatively state that your firm was the Prime Contractor (either singly or as part of a Joint Venture) for the project

15. Description of the work performed. Issues related to time, scope, or cost encountered and how they were resolved along with any major accomplishments shall described.

• The Offeror is responsible for providing current contact information for the individual listed. The

Government has the option to contact this individual directly to verify past performance.

• Regulatory Involvement. In order to evaluate the offeror’s ability to create and maintain a cooperative working environment with State and/or US Environmental Protection Agency (USEPA) regulators , the offeror should provide information, which demonstrates experience with submitting accurate and timely reporting/regulatory submittals in accordance with regulatory requirements. Offeror shall include, at the minimum:

a. Regulators Name, organization, and contract contact (AMD 01) information

b. Regulatory program (Hazardous Waste & Materials, Title V, National Historic Preservation Act, Endangered Species Act, or other regulatory driver)

• Effective resolution of regulatory issues, expediting regulatory closure, or other information demonstrating ability to work constructively with the regulatory community.

4.1.4. Disclosure of Termination of Default, Notice of Violations, and/or OSHA Violation -Explanation of violation and correction action(s). Provide this information if the default action or violation occurred within the last 5 years of the date of the initial proposal due dure (AMD 01) date.

4.2. Volume 1, Factor 2 – Organization Chart/Technical Management Approach (AMD 01). The Offeror shall provide an organizational chart/technical approach that demonstrate the effectiveness of the Offeror’s organizational structure and management approach to adequately perform the requirements of the RFP. The Government seeks a structure and approach that will demonstrate effective project execution and efficient management of cost reimbursement task orders.

4.2.1 The Offeror shall provide an organizational chart with a separate related narrative. Together, the organizational chart and narrative shall describe:

The Offeror’s proposed organizational structure shall be presented in a chart, including key teaming partners/subcontractors and organizational relationships. This organizational structure should be compliant with Section C. Identify personnel necessary for program and project execution and their place in the organization hierarchy (for example Program Manager, Program Chemist, Contractor Quality Control Supervisor, Safety and Health Manager, Senior Contracts Manager, Project Manager(s), Site Superintendent/Construction Manager, Site Safety and Health Officer(s), and Cost Tracker(s), etc.)

The narrative shall describe the levels of authority and communication, both internally and with the Government, that illustrates who will conduct, direct, supervise and control the project. Roles and responsibilities in the management of the contract shall also be clearly described.

4.2.2. The Offeror shall provide a narrative explanation how its organizational technical approach will ensure successful performance for awarded task orders. At a minimum, the narrative explanation shall address the three areas listed in the table below:

• Contract and Task Order Administration (to include Subcontractor oversight and related contract compliance)

• Cost reimbursement contract oversight/cost control

• Safety, to include compliance with EM 385-1-1 (when construction activities are included in the task order)

4.2.3. If the offeror intends to rely upon experience and past performance of its first-tier small business subcontractor(s), it must submit a written formal team arrangement as described in paragraph 5.5.1. In addition, the offeror must fully explain the relationship by detailing the specific capabilities the first-tier small business subcontract(s) it intends to use for the anticipated contract, the relationship that exists between the offeror and the first-tier small business subcontract(s), and how that relationship will be managed to the benefit of the Government.

(AMD 01)

4.4. Volume 1, Factor 3 - Resumes of Key Management Personnel. The Offeror shall provide the resumes of the key management personnel, as identified in this Section L table above. Specifically, provide a resume for the following personnel:

• Program Manager (Resume #1)

• Program Chemist (Resume #2)

• Contractor Quality Control Supervisor (Resume #3)

• Safety and Health Manager (Resume #4)

• Senior Contracts Manager (Resume #5)

The resumes should clearly display proposed job title, education and training, special qualifications and experience record (including role, duties, and dates), responsibilities and assignments. The resume(s) shall provide sufficient information to demonstrate that the key management person meets the minimum qualifications identified in Section C, paragraph 6. A recommended resume template is included in Section J. Arrange resumes in proposal in the order listed in this RFP.

NOTE: After contract award, the Contracting Officer shall approve replacement of any key personnel after verifying that they meet or exceed the requirements of the RFP.

Note: Resumes of other personnel (for example, project manager, engineers, field and technical staff, etc.) may be required as part of task order proposals to verify that they meet the qualifications of the RFP specified in Section C.

5. Volume II – Cost/Price Information and Representations, Certifications, and Other Statements of Offerors

5.1 Volume II, Tab 1: SF 33, Solicitation, Offer, and Award (Section A).

The Offeror shall complete, in its entirety, all of Section A (SF 33) that applies to the Offeror. The SF 33 shall be signed and dated by an official with the authority to legally bind the company. The Offeror shall also acknowledge all amendments to the RFP in accordance with the instructions on the SF 30, if applicable.

5.2 Volume II, Tab 2: Representations, Certifications and Other Statements of Offerors (Section K).

The Offeror shall fill out in its entirety all of Section K that applies to the Offeror. The Offeror’s responsibility will be reviewed in accordance with FAR Part 9. Annual Representations and Certifications will be obtained through the System for Award Management (SAM.gov) site for contractors who have previously worked with the Government. All Offerors who do not have previous Government experience or are not registered in SAM must submit the information in accordance with FAR clause 52.204-8, Annual Representations and Certifications.

5.3 Volume II, Tab 3: Binding Maximum Hourly Labor Rate Schedule (Section B), Maximum Indirect Rate Schedule, Maximum Profit, and Maximum Fixed Fee

5.3.1 Binding Maximum Hourly Labor Rate Schedule.

The Offeror shall complete the Binding Maximum Hourly Labor Rate Schedule (Section B) in its entirety.

The Offeror shall propose the hourly unburdened and burdened rates for all of the labor categories identified in the Binding Maximum Hourly Labor Rate Schedule. Failure to do so may result in an Offeror being excluded from consideration for award. However, if the proposed rate for a certain labor discipline in Table 1 is included in an Offeror’s overhead rates as part of the Offeror’s standard accounting system, the Offeror shall enter “Not Applicable” and include an explanation below the table regarding how that discipline’s labor rate is accounted for under the Offeror’s standard accounting practices.

Offerors shall show only one (1) rate per labor discipline, the maximum hourly binding rate, including those provided by subcontractors. Offerors may not have all labor disciplines covered by its own personnel therefore, if those personnel are subcontracted, their rates shall be provided in the table as well. All subcontracted personnel shall be identified on the table by including “SUB” after the title of the discipline.

Unburdened Labor Rates

The unburdened rate for each discipline shall be the raw hourly rate paid to the employee, exclusive of employment taxes, insurance, benefits, or other costs/prices paid by the employer on behalf of the employee.

Burdened Labor Rates

The burdened labor rates proposed by the Offeror shall include all markups that will be applied to the unburdened labor rates. The calculations shall follow the firm’s standard accounting practices. Offerors shall provide an example of how markups are applied to the unburdened labor rates. The example should clearly demonstrate how markups are applied to labor. The application of labor overhead shall be in accordance with the Offeror’s proposed methods. The burdened labor rates shall exclude profit.

Hourly burdened labor rates proposed in Section B will be legally binding and will be the maximum rate the Offeror shall use for all task orders and task order modifications issued during the life of the contract.

However, during task order competition a MATOC holder can propose lower labor rates than the maximum burdened labor rates.

The Government reserves the right to request additional other than certified cost/pricing data from the Offerors in order to assess the reasonableness of the proposed labor rates.

5.3.2 Maximum Indirect Rate Schedule.

The Government requires each Offeror to propose capped maximum indirect overhead rates for all accounts that the company may apply to their direct costs. Offerors are provided the flexibility to propose combined or individual rates if the proposed rate(s) are consistently applied in accordance with the Offeror’s accounting system.

The Offeror’s accounting system should track the proposed indirect rates separately in accounts (for example, Overhead, General & Administrative, and Labor Burden/Fringe, etc). The Offeror shall propose these accounts or combinations of these accounts based on their accounting system. The Offeror’s accounting system shall consistently place costs in the appropriate pools. Offerors shall not include arbitrary indirect rates that are not tracked separately in its accounting system unless it is a discounted rate from a tracked account. For example, a firm may have a G&A rate applicable to Total Cost Input (TCI). The firm may propose a discounted G&A rate for a portion of the application base, but a narrative shall be provided.

The Offeror may propose a single indirect rate applicable to direct labor that incorporates multiple indirect rates that are applied in a consistent formula to direct labor. There may also be multiple combined rates that are dependent on the type of labor (for example, Home Office, Field Office, craft personnel, etc.). In these cases, the combined indirect rate(s) would be placed in the Table 5 - Section B submission while the supporting information on each of the individual rates along with the formula used to develop the combined rate shall be included in the proposal. Only the rate(s) included in Table 5 shall be binding as the maximum capped indirect rate(s). The Offeror may propose lower rates on individual task orders, in which case the lower rates shall be the maximum rate on the individual task order.

The Maximum Indirect Rates will be legally binding and shall be the maximum rates that the Offeror will use on all task orders and modifications issued during the entire ordering periods of the contract (base and option terms) for both firm fixed price and cost reimbursement task orders.

The cost/price pools shall be in accordance with the Offeror’s most recent audited or DCMA approved rates, if available.

If the Offeror has been audited by Defense Contract Audit Agency (DCAA), the Offeror is instructed to provide a copy of the audit, to include, if available, any other rate information received from the Administrative Contracting Officer of the cognizant audit agency. This includes, but is not limited to, approval of the accounting system and approval of provisional indirect billing rates. Additionally, the Offeror shall certify in the proposal that its accounting system has not materially changed since the audit. If these requirements are met, the Offeror will not be required to provide the breakdown of each of their cost pools.

However, if proposed rates vary significantly from provisional billing rates or other supporting information, the proposal shall include a narrative to explain the basis for the difference.

If the Offeror does not have a recent audit, the Offeror shall provide detailed information showing cost accounts included in each of its cost pools in order to explain all indirect rates/markups. These calculations shall be provided for all proposed indirect rates unless the rate is discounted from another supported rate. The composition of the base on which the pool is distributed shall also be shown. An example of indirect rate computation is listed below and may be used as a guide. Note that the list is not inclusive of all allowable or unallowable costs/prices:

Table 4 - Indirect Expense Rate Computation Example Indirect Salaries $100,000

Officers’ Salaries $85,000

Payroll Taxes $9,500

Insurance $14,500

Rent $35,000

Utilities $14,000

Repairs & Maintenance $6,500

Interest Expense -0- *

Advertising -0- *

Office Supplies $1,500

Personal Property Taxes $2,200

Contributions -0- *

Depreciation Office Equipment

$ 8,500

Legal Fees $ 3,500

Bad Debts -0- *

State Income Taxes $7,500

TOTAL INDIRECT

EXPENSE

$287,700

Total Direct Labor $3,000,000

Add Labor Burden @ 35% $1,050,000

Other Direct Costs/Prices $3,000,000

TOTAL BASE $7,050,000

Percentage Computation

INDIRECT Expense

$287,700 -------------------------------- = 4.08% Base $7,050,000

* Examples of unallowable costs/prices in accordance with FAR Part 31. All costs/prices unallowable by FAR Part 31 should be removed from overhead pools before computation of the submitted rate.

5.3.3 Maximum Profit Rate (Firm Fixed Price task orders).

The Offeror shall complete the Maximum Profit Rate table (refer to Section B) in its entirety.

The proposed maximum profit will be legally binding and shall be the maximum profit the Offeror will be allowed to use on all firm fixed price task orders, and modifications issued during the entire contract ordering period(s) (base and options). The Offeror may propose a lower profit than the cap on individual task orders, depending upon project risk.

The Offeror shall propose a single rate for profit, not separate profit rates for Joint Venture partners or team subcontractors.

*Note – Profit will be negotiated for each specific firm fixed price task order.

5.4 Volume II, Tab 4: Cost Reimbursement Type Task Orders and Modifications

5.4.1 Cost Reimbursement Requirements.

Cost reimbursement task orders will be used for work that cannot otherwise be clearly defined. The cost reimbursement task order will reimburse the contractor for reasonable, allocable, and allowable costs incurred during execution of the project in accordance with FAR Part 31.

In order to be eligible for award of a cost-reimbursable type contract an offeror must provide evidence of an adequate accounting system in order to comply with FAR 16.301-3. Accounting system adequacy may be determined in the following ways:

1. Provide a letter from DCAA or DCMA indicating an acceptable accounting system within the past three (3) years of the date that proposals are due. This will require the Offeror to certify in the proposal that its accounting system has not materially changed since the issuance of the determination.; or

2. Evidence of a third-party certified public accountant (CPA) firm “pre-award” audit/assessment of a contractors accounting system within the past three (3) years of the date that proposals are due indicating that the system complies with the criteria set forth in FAR 53.209-1(f), SF 1408 and/or DFARS 252.242-7006 at the time of audit. This option also requires the Offeror to certify in its proposal that its accounting system has not materially changed since the audit.

3. If the offeror has not completed an audit of its accounting system by either means mentioned above;

the Contracting Officer may assess the adequacy of the accounting system by requesting a DCAA Pre-Award Survey be completed. This requires the offeror to submit in its proposal the completed Pre-Award Survey of Prospective Contractor Accounting System Checklist (see Section J - Attachment 2). This form may also be obtained from the DCAA website (Pre-award Accounting System Adequacy Checklist (dcaa.mil).

The Offeror shall identify the CAGE Code(s) of the accounting system(s) which will accumulate costs for any resulting cost-reimbursement task orders.

The offer should provide the address, email, and telephone number of their cognizant DCAA Field Audit Office and/or DCMA office, if applicable.

As part of the responsibility determination, the Government will review the evidence provided in relationship to FAR 16.301-3(a)(3). In order to receive a contract award, the Government must determine that the limitations identified in 16.301-3 have been met and the offeror has an adequate accounting system to accommodate a cost-reimbursement type contract.

5.4.2 Maximum Fixed Fee Rate.

The Offeror shall complete the Fixed Fee table (refer to Section B) in its entirety.

The proposed maximum fixed fee rate will be legally binding and shall be the maximum fixed fee the Offeror will be allowed to use on all cost reimbursable task orders, modifications, and any other contract actions issued during the entire contract ordering period(s) (base and options). In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition https://www.dcaa.mil/Checklists-Tools/Pre-award-Accounting-System-Adequacy-Checklist/ https://www.dcaa.mil/Checklists-Tools/Pre-award-Accounting-System-Adequacy-Checklist/

Regulations 15.404-4 (c)(4)(i)(C). The Offeror may propose a lower fixed fee than the cap on individual task orders, depending upon project risk.

*Note – Fixed Fee will be negotiated for each specific cost reimbursable task order.

5.5 Volume II, Tab 5: Contractor Team Arrangements.

5.5.1. Contractor Team Arrangements Other than Joint Venture.

All Offerors proposing a team arrangement other than a Joint Venture, shall submit the following information as part of Volume II, Tab 5.

• A listing of the team arrangement members’ corporate name (no abbreviations), address, point of contact, phone number, UEI Number, and Cage Code.

• 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 the subcontractor or other entity (type and proportion of work to be performed) planned management of the relationship (AMD 01); and

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

5.5.2. Joint Ventures (JVs).

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 Unique Entity ID (UEI) number and register as such. Joint Ventures shall submit the following additional documentation regarding their business entities as part of Volume II, Tab 5:

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

• A copy of the signed JV agreement.

• Signature requirements: SF 33, SOLICITATION, OFFER, AND AWARD, Block 16 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).

• 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.

5.5.3. The JV agreement should address the following items:

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

b. The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

c. The structure of the joint venture and decision-making responsibilities of the JV members in terms of who will control the manner and method of performance of the work.

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

e. Identification of the managing entity of the JV.

If JV documentation is applicable, file with Volume II, Tab 5 (Contractor Team Arrangements).

5.6 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 (for example, Mentor-Protégé agreements, joint ventures, partnerships, etc.) are provided in the offer and submitted with the proposal responding to the RFP. Nothing in the RFP 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.…