13R0037_RTA_SPECS.pdf

RFP W912BU-13-R-0037

US Army Corps of Engineers

Philadelphia District

Design and Construct Fire Protection Water Storage

Al Dhafra Air Base (ADAB) Abu Dhabi, United Arab Emirates

Construction Solicitation and Specifications

19 July 2013

This page was intentionally left blank for duplex printing.

19 July 2013

RFP NO. W912BU-13-R-0037

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

REQUEST FOR PROPOSALS

FOR

DESIGN AND CONSTRUCT

FIRE PROTECTION WATER STORAGE

AL DHAFRA AIR BASE (ADAB)

ABU DHABI

UNITED ARAB EMIRATES (UAE)

I. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. OFFERORS ARE REQUIRED TO COMPLETE THE REPRESENTATIONS AND CERTIFICATIONS

PORTION OF SECTION 00 45 00 OF THIS SOLICITATION AND SUBMIT THIS WITH THEIR

OFFER.

00 01 10-1

Request for Proposals

W912BU-13-R-0037

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE

00 10 00 SF 1442 AND BIDDING SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND

NOTICE TO BIDDERS

00 22 20 PROPOSAL SUBMISSION REQUIREMENTS,

EVALUATION CRITERIA AND BASIS OF AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

AND OTHER STATEMENTS OF BIDDERS

00 70 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

SPECIFICATIONS

00 01 10-1

THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

RFP Number W912BU-13-R-0037

Title: Design/Build Fire Protection Water Storage, Al Dhafra Air Base (ADAB), Abu Dhabi, United Arab Emirates

Project Funding: Funds are not presently available for this acquisition. No Contract award will be made until appropriated funds are made available.

The Government reserves the right to cancel this solicitation, either before or after the closing date, and there shall be no legal liability on the part of the Government, to include liability for contractor’s proposal costs.

The successful offeror will be required to furnish Performance and Payment Bonds (See Section 00 70 00, Contract Clause 52.228-14 and 52.228-15).

EMILY M ACEDO-MALANEY

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

19-Jul-2013

(RFP)

(IFB)

X

CALL:

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

U.S. ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: EMILY M. ACEDO-MALANEY

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PA 19107-3390

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 within 10 calendar days and complete it within See Section 01 31 13.12 10 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 _____3___ copies to perform the work required are due at the place specified in Item 8 by 2:00 PM EST local time 20 August 2013 (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 offers are due.

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

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

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will 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

U.S. ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION, ROOM 643

WANAMAKER BUILDING, 100 PENN SQUARE EAST

PHILADELPHIA, PA 19107-3390

W912BU

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

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

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

FAX: TEL: TEL: FAX:

W912BU

Issue Date: 19 July 2013

Proposal Due Date: 20 August 2013 at 2:00 PM EST

THIS PROCUREMENT IS ADVERTISED AS UNRESTRICTED

215-656-6912

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

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

BASE BID:

1. A/E Design 1 JOB LS $____________

2. Construct Two (2) 300,000 gallon Storage Tanks 1 JOB LS $____________

3. Construct Fire Water Main Extension and Auxiliary Features 1 JOB LS $____________

4. Option 1 – Design and Construct Pump House (Fire Protection), Pumps, Generator and Auxiliary Features 1 JOB LS $____________

5. Option 2 – Design and Construct Fire Water Main Extension, Fire Hydrants and Auxiliary Features 1 JOB LS $____________

6. Option 3 – Design and Construct Below Grade Fire Water Main Extension, Fire Hydrants and Auxiliary Features (Northern Wall Section) 1 JOB LS $____________

TOTAL ESTIMATED BASE BID AND OPTIONS 1, 2, and 3: $_________________

NOTES:

1. The Contractor shall provide a price for all items. The Government will award in accordance with the lowest price technically acceptable process in the basic contract which will be evaluated.

INDEX 00 21 00 -1

Section 00 21 00 - Bidding Schedule/Instructions to Bidders

NUMBER DESCRIPTION

A PROPOSAL CHECKLIST

B INQUIRIES

C SOURCE OF FUNDS

D MAGNITUDE OF PROJECT

E CHANGES MADE PRIOR TO DATE SET FOR OPENING

PROPOSALS

F PROPOSAL DELIVERY ADDRESS

G PRICE BASIS

H PREPARATION OF PROPOSALS

52.204-6 Data Universal Numbering System Number DEC 2012 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.214-5000 Apparent Clerical Mistakes MAR 2000 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.216-1 52.217-5

Type Of Contract Evaluation of Options

APR 1984

JUL 1990

52.232-18 Availability Of Funds APR 1984 52.233-2 Service Of Protest SEP 2006 52.236-28 Preparation of Proposals--Construction OCT 1997

INDEX 00 21 00 -2

00 21 00-1

Section 00 21 00 - Bidding Schedule/Instructions to Bidders

A. PROPOSAL CHECKLIST

The following items or “minimum contents” are required to be submitted with and made a part of each offeror's proposal. Extreme care and personal attention should be given to assure that all required items are included in the proposal, with this being the Contractor’s responsibility. A space is provided beside each item for checking as each action is completed. Failure to submit any of the items listed below may be cause for rejection of the proposal. You must submit an original and three (3) complete copies of your proposal. The Pricing and Non-Pricing (Technical) shall be submitted separately.

1. PRICE/CERTIFICATION SUBMITTAL:

___ a. Signed Solicitation, Offer and Award, SF 1442, with Blocks 14-20c completed, including acknowledgment of all amendments, if any.

___ b. Completed Bid Schedule (Section 00 10 00) ___ c. Completed Representations and Certifications (Section 00 45 00).

NOTE: The proposer shall complete all items contained in the Representations and Certifications (Section 00 45 00).

___ (1) If the proposer is a Corporation, completed Corporate Certificate, OR ___ (2) If the proposer is a Partnership, completed Authority to Bind Partnership and provide a copy of the Partnership Agreement, OR ___ (3) If the proposer is a Joint Venture, completed Corporate Certificate for each member of the Joint Venture and provide a copy of the Joint Venture Agreement

2. NON PRICING (TECHNICAL) SUBMITTAL (Performance/Proposal Evaluation Information (Section

00 21 00)):

___ a. Evidence of EXPERIENCE, in accordance with Section 00 22 20.

___ b. Evidence of KEY PERSONNEL, in accordance with Section 00 22 20.

___ c. Evidence of PAST PERFORMANCE, in accordance with Section 00 22 20.

B. INQUIRIES

Inquiries concerning this solicitation document shall be submitted either by fax or e-mail (preferred method) to the issuing office: US Army Corps of Engineers, Philadelphia District to Emily.M.Acedo-Malaney@usace.army.mil, or by fax: 215-656-6780. All technical inquiries must be received at least ten (10) days in advance of the proposal receipt date to afford adequate time to reply to the inquiry. Answers to questions shall be provided to all offerors being solicited. Offerors are instructed specifically to contact only the solicitation issuing office in connection with any aspect of this requirement prior to contract award.

(End of Instruction)

C. SOURCE OF FUNDS

This procurement is made on behalf of the United States Government.

(End of Instruction) mailto:Emily.M.Acedo-Malaney@usace.army.mil

00 21 00-2

D. MAGNITUDE OF PROJECT

The estimated cost of this proposed construction project is between $1,000,000.00 and $5,000,000.00.

(End of Instruction)

E. CHANGES MADE PRIOR TO DATE SET FOR OPENING PROPOSALS

The right is reserved, as the interest of the Government may require, to revise or amend this Request for Proposal prior to the date set for opening proposals. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed, or both, the date set for opening proposals may be postponed by such number of days as in the opinion of the issuing officer will enable offerors to revise their proposals. In such cases, the amendment will include an announcement of the new date for opening proposals.

(End of Instruction)

F. PROPOSAL DELIVERY ADDRESS

a. Proposals may be mailed or hand delivered to the following address:

U.S. Army Corps of Engineers, Philadelphia District ATTN: Emily Acedo-Malaney (Contracts Branch)

CENAP-CT-C/W912BU-13-R-0037

Wanamaker Building 100 Penn Square East Philadelphia, PA 19107

b. Proposals will be considered late if not received at the physical location by the deadline due date and time.

c. E-MAIL OR FAX PROPOSALS WILL NOT BE ACCEPTED.

(End of Instruction)

G. PRICE BASIS

Offerors are advised that only proposals submitted on a firm-fixed price basis will be considered, and that offers submitted on any other basis will not be considered.

(End of Instruction)

H. PREPARATION OF PROPOSALS

1. Examination of Solicitation Documents: Offerors are expected to examine the Scope of Work, Proposal Schedule, and all instructions. Failure to do so will be at the offeror's risk. Each offeror should furnish the information required by the solicitation.

2. Submittal of Proposal Form: Proposals shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the proposal. Proposals signed by an agent are to be accompanied by evidence of his authority.

3. Preparation of the Proposal Schedule: Preparation of the Proposal Schedule may provide for submission of a price or prices for one or more items, which may be lump sum proposals, alternate prices, scheduled items resulting in a proposal on a unit of construction or a combination thereof, etc. The Proposal Schedule explicitly requires that the offeror submit a proposal on all items; failure to do so may disqualify the proposal. The unit price for each unit proposed shall be shown and such price shall include packing unless otherwise specified. A total should be entered

00 21 00-3 in the Amount column of the Proposal Schedule for each item proposed. In case of a discrepancy between a unit price and extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

4. Technical Proposal: In addition to the price proposal form with enclosures, the offeror should carefully study the Scope of Work and Technical Requirements of the solicitation. Based on his/her assessment, experience and knowledge of construction, and the site visit, the offeror should submit, as a minimum requirement, an original and three copies of the specified technical information identified in the provision entitled “Evaluation Factors for Award” to support the evaluation factors. The Government will evaluate the information to determine whether the offeror has a clear understanding of the Scope of Work and has the necessary management, technical and financial capability to perform the work contemplated by this solicitation.

5. Alternate Proposals: Unless called for, alternate proposals WILL NOT be considered.

6. Time: Time periods, if stated as a number of days, are calendar days unless otherwise specified.

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (DEC 2012)

(a) Definition. Data Universal Numbering System (DUNS) number, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

(b)The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

00 21 00-4

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

00 21 00-5

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

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

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

“In writing or written” means any worded or numbered expression which 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, or revision, 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.

00 21 00-6

(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

00 21 00-7 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 contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

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

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

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

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

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

00 21 00-8

(iv) A summary of the rationale for award.

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

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

(End of clause)

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:

Mr. Joseph T. Bujnowski Chief, Contracts Branch Contracting Officer Wanamaker Building, 100 Penn Square East, Room 643 Philadelphia, Pennsylvania 19107-3390

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

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

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Section 00 22 00 Page 1

SECTION 00 22 00

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA

AND BASIS OF AWARD

ONE STEP – LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)

1.0 OVERVIEW

The Government will evaluate proposals in accordance with the evaluation criteria and the evaluation rating system described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, also as described herein.

2.0 BASIS OF AWARD

In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors set forth in the solicitation.

3.0 GENERAL INSTRUCTIONS

3.1 The solicitation is to inform all potential offerors that the Government intends to make a contract award without discussions except when the Government determines that it is in its best interest to hold discussions. Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

3.2 Firms formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals.

Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal, provided that the Offeror or Offeror's subcontractor has or will have professional architects and engineers listed as key personnel in accordance with Section 01 33 00.12 10, SUBMITTAL REQUIREMENTS FOR DESIGN-BUILD PROJECT. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

3.3 Submit proposals in tabbed, three-ring binders. Technical and Price proposals shall be submitted under separate cover. Proposals should also be submitted electronically on a CD (Compact Disc).

3.4 Page Limits: The following page limits shall apply, which do not include title sheets, indices, tables of content, schedules, or cover sheets:

Seventy-five (75) pages maximum excluding past performance information/evaluation questionnaires or substitute correspondence from references. This page limit includes pages with illustrations/photos/sketches. Any evaluation documentation beyond 75 pages will not be read or considered during the evaluation process. A page printed on both sides will be counted as two pages. Pages containing text shall be submitted on 8-1/2 x 11 inch paper, except pages containing schedules shall be submitted on 8-1/2 x 11 or 11 x 17 inch paper. Each page shall be minimally single spaced with a minimum of a 12-point font and one inch margins all around.

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4.0 EVALUATION FACTORS

Proposals must meet all of the evaluation factors listed below to be considered acceptable. Proposals which do not meet all of the evaluation factors listed below will be unacceptable and will receive no further consideration.

4.1 FACTOR 1 - EXPERIENCE and INITIAL/PRELIMINARY SCHEDULE: The Government will review the experience of the offeror. Offerors must meet all of the following standards to receive an “acceptable” rating for this evaluation factor.

4.1.1 An offeror shall convincingly demonstrate having performed construction in the UAE Area of Responsibility (AOR) for the preceding three calendar years that annually total at least $2,000,000.00 for each of those years. Offerors shall provide invoicing figures for work performed within UAE for each of the preceding three years. For joint venture offerors, this experience requirement may be satisfied by submitting conforming experience from any or all of the joint venture partners.

4.1.2 An offeror shall convincingly demonstrate experience by providing evidence of at least two construction (or design-build) projects performed within UAE of at least the scope, dollar value, and complexity described below, and substantially (i.e. at least 75%) completed within the last five years as of the date of proposal submission. For this acquisition, a project of similar scope, dollar value, and complexity is defined as Design-Build or Design-Bid-Build project with contract value in excess of $2,000,000.00 USD that involved that involved the coordination of, at a minimum, mechanical, electrical, site utility, and earthwork trades. For joint venture offerors, this experience may be satisfied by submitting conforming experience from any or all of the joint venture partners. Offerors shall also provide experience information in the same manner as required for the prime contractor offeror for each subcontractor proposed to perform more than 20 percent of the project on-site construction work.

4.1.3 Each project submitted for evaluation must include the following descriptive information: (i) project title, (ii) geographic location, (iii) date that the project was substantially completed, (iv) final project U.S.

dollar value, (v) detailed description of the project, and (vi) a description of the actual involvement in the performance of the presented project.

Offerors are required to provide information that convincingly demonstrates that the experience presented meets the requirements of qualifying construction experience (see requirements above).

4.1.4 If an offeror is a joint venture composed of two or more partners or proposes subcontractor(s) to perform more than 20 percent of the project on-site construction work, the offeror shall describe the project work that each member of the joint venture or the subcontractors would perform. The Government will assess the experience information provided in relation to the work that each of the joint venture partners or subcontractors would be performing.

4.1.5 INITIAL/PRELIMINARY SCHEDULE: An offeror shall present a schedule in sufficient detail, in order to identify major elements of design, construction and procurement activities to convincingly demonstrate its understanding of the solicitation project scope of work.

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4.2 FACTOR 2 - KEY PERSONNEL: An offeror is to provide resume information concerning the qualifications and experience of its intended key on-site construction management and supervision personnel as identified below. The Government will compare this resume information against any and all requirements contained in the specs. Failure to satisfy a material (i.e. substantive) requirement for any of the personnel listed below will be a basis for receiving an unacceptable rating. The key positions to be evaluated are:

Design Specialists:

Geotechnical Mechanical Architectural Civil

The Design Specialists are to be Registered Professional

Engineer(s), Registered Architect(s) or recognized consultants, with at least the following years design experience:

Geotechnical: 10 years Mechanical: 10 years Architect: 10 years Civil: 10 years

On-site Safety Officer (Site Safety and Health Officer (SSHO)) The SSHO will meet the following requirements:

Minimum of 5 years of safety experience of a progressive nature Minimum of 5 years of safety experience on similar projects 30-hour OSHA construction safety class or equivalent in the last

5 years An average of at least 24 hours of formal safety training each year for the past 5 years

On-site Construction Quality Control (CQC) System Manager (Contractor Quality Contract Systems Manager (CQCSM))

The CQCSM will meet the following requirements:

Bachelor’s Degree in Engineering or Sciences Minimum of 8 years experience as a CQC or Superintendent, with a minimum of 2 of those eight years on similar projects.

All resumes must include the following information to the extent required by the solicitation and are not to exceed three pages in length for each resume. Information presented beyond the three-page limitation for each resume will not be considered in the Government’s evaluation process.

Name of person Proposed project assignment Name of firm with which presently associated and or employed Years of experience as it applies to the position that would be filled Educational degree(s), year of graduation and institution Active professional registration (if any), year first registered, if applicable List of projects in which the individual has worked to include name of project(s), project location(s), and work assignments performed

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4.3 FACTOR 3 - PAST PERFORMANCE: The Proposal must include no more than five (5) projects using the attached Past Performance Questionnaire (PPQ) forms (Attachments 1, 2, and 3) (do not include Attachment 2, Adjective Ratings and Definitions) at the end of Section 00 22 00, representing the Offeror’s relevant Past Performance. Past performance pertains to how well an offeror has performed relevant past work that is an indicator of future performance. Past performance information is not the same as experience information. Experience information pertains to what types of work an offeror has performed. Past performance pertains to how well an offeror performs project work. For the purpose of this evaluation, past performance means an offeror’s reputation for satisfying its customers by delivering:

(i) quality work

(ii) in a timely manner

(iii) at a reasonable cost

(iv) in a safe working environment as well as its reputation for

(v) reasonable and cooperative conduct

(vi) overall commitment to customer satisfaction

4.3.1 Offerors are reminded that while the Government may elect to consider past performance information obtained from other sources, the primary responsibility for providing past performance information rests with the offeror. In the case of an offeror that does not have a record of relevant past performance, or for whom information on past performance is not available, or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”. There are two categories of Past Performance with this evaluation factor.

a. Prime Contractor Past Performance:

(1) The Government will evaluate an offeror’s reputation for performing work in a manner commensurate with the six areas of interest listed above.

(2) An offeror should provide written evidence of the above described six past performance qualities (see items (i) through (vi)) in the form of, but not limited to:

1. Letters and certificates of commendation

2. Performance awards

3. Performance evaluations

4. Evidence of repeat work with the same clients or owners (particularly when noncompetitively obtained), etc.

(3) Offerors are encouraged to solicit and obtain letters of recommendation from past owners, customers and clients from which written documentation contemporaneous with project performance may not be available. These past performance documents should not reference work completed more than six years prior to the date of proposal submission for this RFP. Past performance documents older than six years will not be considered in the evaluation and selection processes.

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(4) If an offeror is a joint venture or partnership, information pertaining to the areas identified as (i) through (vi), above should be presented for each member of the joint venture or partnership (unless the information being presented is in regard to the joint venture or partnership as constituted in response to this solicitation). Although the Government prefers all members of a joint venture or partnership to have satisfied all the above indicated six performance areas, the Government will consider the complementary aspects of the separate participants in a joint venture or partnership, by evaluating the joint venture or partnership as a whole.

(5) Past performance information provided for a member of a joint venture or partnership having no involvement in the project will not be considered in the Government’s Past Performance factor evaluation.

Past performance information will only be evaluated from firms proposed to be involved in an offeror’s approach for performance of the solicitation work.

(6) In addition to the evidence submitted by an offeror, the Government may consider information from other sources, including but not limited to: past and present customers and their current and former employees; federal, state and local agencies (including court records); private consumer organizations; and Government past performance databases. In gathering this additional past performance information, the Government will attempt to contact an offeror’s past customers and clients for which contact information is provided by the offeror in response to the portion of the factor.

(7) Submit a list of projects that demonstrate the past performance information for six areas of interest listed above. A past performance questionnaire shall be submitted for each project listed.

b. Subcontractor Past Performance:

(1) The Government will evaluate a proposed subcontractor’s reputation for performing work in a manner commensurate with the six areas of interest listed above.

(2) This evaluation element is applicable to subcontractors employed by the prime contractor offeror, where the total subcontracting efforts performed on site (involving design, management and or construction efforts) equates to twenty percent or more of the on-site project work effort. An offeror should provide written evidence for its proposed subcontractors of the above described six past performance areas of interest (see (i) and (vi) above) in the form of, but not limited to:

1. Letters and certificates of commendation, performance awards, performance evaluations

2. Evidence of repeat work with the same clients or owners (particularly when noncompetitively obtained), etc.

(3) Offerors are encouraged to solicit and obtain letters of recommendation for its proposed subcontractors, from past owners, and/or customers and clients from which contemporaneous written documentation may not be presently available. These past performance documents should not reference work completed more than six years from the date of the solicitation. Past performance documents that are older

Section 00 22 00 Page 6 than six years will not be considered in the evaluation and selection processes.

(4) In addition to the past performance documentation submitted by an offeror for its proposed subcontractors, the Government may consider information from other sources, including but not limited to:

past and present customers and their current and former employees;

federal, state and local agencies (including court records); private consumer organizations; and Government past performance databases. In gathering this additional past performance information, the Government will attempt to contact an offeror’s past customers and clients for which contact information is provided by the offeror in response to the Prime Contractor Experience and Subcontractor Experience portion of this factor.

(5) Submit a list of projects that demonstrate the past performance information for six areas of interest listed above. A past performance questionnaire shall be submitted for each project listed.

Past Performance Questionnaires

a. Completed Past Performance Questionnaires should be submitted with the proposals. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. This does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

b. The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 3, Past Performance. It is the offeror’s responsibility to ensure correct phone numbers and email addresses are provided for the client point of contact. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 1), which will provide contract and client information for the respective project(s).

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.