12-R-0024.pdf

TITLE: USACE Tulsa District EDWOSB IDIQ MATOCs for General Construction Related Services

A pool of up to f ive (5) MATOCs w ill be aw arded through FAR Part 15 One-Step Best Value “Trade Off” Source Selection. The MATOCs are IDIQ contracts as defined in FAR 16.504. Services w ill be provided by Firm-Fixed-Price (FFP) Task Orders (TOs).

IAW the US SBAs WOSB Federal Contract Program (WOSBFCP), these MATOCs w ill be set-aside for Economically Disadvantaged Women-Ow ned Small Businesses (EDWOSBs). The EDWOSB NAICS Set-Aside code is 237110 – Water and Sew er Line and Related Structures w ith a size standard of $33.5M.

Each MATOC w ill be a three (3) year contract (base year plus tw o option years). The Government is under no obligation to issue any TOs against these MATOCs in excess of the minimum contract obligation of $3,000.00. IAW the SBA’s WOSBFCP, each MATOC w ill have a maximum contract capacity of $4M. Therefore, the total sum of all TOs among the MATOCs (contract capacity) shall not exceed the estimated amount of $20M.

PAMELA S MOODY 918.669.7457

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

15-May-2012

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________138 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________Seed TO SOW

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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Jul 2012 (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 X is, is not required.

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (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:

W912BV-12-R-0024 109

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

W912BV-12-R-0024

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 MATOC Specifications 103 13-JUN-2012 Attachment 2 Seed TO Specifications &

SOW

109 31-MAY-2012

Attachment 3 Seed Task Order Wage Rates

9 13-JUN-2012

Section 00 11 00 - SF 1442 and CLIN Schedule

OVERVIEW OF REQUIREMENT

The MATOCs are IDIQ contracts as defined in FAR 16.504. Services will be provided by Firm-Fixed-Price (FFP) Task Orders (TOs). Only the Tulsa District shall issue TOs against these contracts unless specifically authorized by a Tulsa District Contracting Officer.

The MATOCs are intended for multi-tasking of general and specialized construction related services for a wide variety of new construction, maintenance, repair, alteration and minor and major construction type tasks for military and civil works projects primarily for the Tulsa District and customers within the geographic location. The tasks include, but are not limited to, work plans, total facility renovation, new construction; repairs and alterations;

preventive maintenance; installation/construction of the following systems: heating, ventilation and air conditioning (HVAC), plumbing, electrical, elevators, building envelope, road and pavements, fire protection, antiterrorism/force protection (ATFP); environmental abatement, utility system modifications, and operations activities. This contract is intended to execute new construction, or construction repairs of real and personal property facilities, e.g., maintenance, repair, asbestos and lead-based paint abatement, and major and minor construction situations relating to, but not limited to, architectural, civil, mechanical, plumbing, structural, electrical, HVAC, instrumentation, telecommunications, and ATFP.

Location of projects could be anywhere in the USACE Tulsa District’s area of responsibility: Tulsa District’s MILCON boundaries include military installations in Texas, New Mexico and Oklahoma; Tulsa District’s Civil Works boundaries include all of Oklahoma and portions of Texas and Kansas.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

Gen Const Related Services - Base Year

FFP

Any unused capacity may be carried over to the subsequent contract period.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lump

OPTION Gen Const Related Services - Opt Year 1

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lump

OPTION Gen Const Related Services - Opt Year 2

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

NOTE

This solicitation/Request for Proposal (RFP) is prepared using the Uniform Contract Format in accordance with (IAW) FAR 15.204. FAR 204-3 states that “The contracting officer shall include in [Part II – Contract Clauses] the clauses required by law or by this part and any additional clauses expected to be included in any resulting contract.”

Because the Government anticipates that these MATOCs will encompass many different types of general construction related projects and involve many different types of situations, a particularily long list of clauses in will be included in Section 00 72 00. The FAR requires that when some of these clauses will be included in the contract (i.e. MATOC), then a similar provision is also required to be included in the solicitation/RFP. Therefore, the Government is including the following provisions in this Section 00 21 00. This list is not intended to be exclusive and the Government retains the right to make changes, additions and deletions to the list throughout the life of the contract. In individual task orders wherein specific clauses are applicable, those clauses and their respective provisions will be included in the specifications and/or RFP for that task order.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 12 mths. ADC 1 N/A

0002 12 mths. ADC 1 N/A

0003 12 mths. ADC 1 N/A

CLAUSES INCORPORATED BY REFERENCE

52.207-1 Notice Of Standard Competion MAY 2006 52.209-7 Information Regarding Responsibility Matters FEB 2012 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

SEP 2010

52.223-1 Biobased Product Certification DEC 2007 52.223-4 Recovered Material Certification MAY 2008 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-11 Buy American Act--Construction Materials Under Trade Agreements

MAR 2012

52.227-6 Royalty Information APR 1984 52.227-7 Patents-Notice of Government Licensee APR 1984 52.230-1 Cost Accounting Standards Notices And Certification OCT 2008 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

MAY 1999

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

JAN 2009

CLAUSES INCORPORATED BY FULL TEXT

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.

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

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

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more 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.

(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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

As stated in Section 00 11 00, 1.1, these are Multiple Order Task Order Contracts (MATOCs) that are Independent Delivery Independent Quantity (IDIQ) contracts as defined in FAR 16.504. Services will be provided on a Task Order (TO) basis. TOs under the MATOCs will be Firm-Fixed-Price (FFP).

Up to four (4) IDIQ MATOCs will be awarded through FAR Part 15 One-Step Best Value Source Selection. The HUBZone Set-Aside NAICs code is 236220 - Commercial and Institional Building Construction, Size Standard of $33.5M.

Each MATOC will be three (3) year contracts (base year plus two option years). The Government is under no obligation to issue any TOs against these MATOCs in excess of the minimum contract obligation of $3,000.00. No TO will be awarded that exceeds $3,000,000.00. The shared sum of all task orders among the MATOCs (contract capacity) shall not exceed the estimated amount of $49,500,000.00.

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).

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

18% 7%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city].

52.228-1 BID GUARANTEE (SEP 1996)

NOTES:

1. A Bid Guarantee is NOT required for the MATOC; but it will be a requirement under the RFP for each individual Task Order. For the purpose of this solicitation, a Bid Guarantee is a requirement for the Seed Task Order Price Proposal (see Section 00 22 11, Paragraph 8.4).

2. The range of magnitude IAW FAR 36.204 for the Seed Task Order is between $100,000 and $250,000.

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% of the task order price proposal or $30,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

US Army Corps of Engineers (USACE) ATTN: Office of Council 1645 S 101 E Avenue Tulsa, OK 74128-4609

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

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

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

(b) Site visits will be determined and arranged per individual task order; information will be provided via the RFP.

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

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

NOTE: Information regarding the site visit for the Seed Task Order will be released via Amendment.

Section 00 22 11 - Proposal Submission Requirements, Evaluation Criteria, Basis of Award One-Step-Best Value, Design-Build (Single Award)

HUBZONE GEN CONSTRUCTION MATOC

TITLE: Economically Disadvantaged Woman Owned Small Business (EDWOSB) Set Aside Independent Delivery Independent Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) for General and Specialized Construction Related Services in Support of Various Military and Civil Works Construction Projects within the U.S. Army Corps of Engineers (USACE) Tulsa District Boundaries (“USACE Tulsa District EDWOSB IDIQ MATOCs for General & Specialized Construction Related Services”)

TABLE OF CONTENTS

1.0 Overview

2.0 Proposal Submission Requirements and Instructions

2.1 Participation Information

2.2 Proposal Submission Requirements

2.3 General Instructions

2.4 Specific Instructions for the Technical Proposal (Volume 1)

2.5 Specific Instructions for the Seed TO Price Proposal (Volume 2)

3.0 Technical Proposal Contents and Related Evaluation Factors

4.0 Seed TO Price Proposal Contents and Related Evaluation Factors

5.0 Factor 1 – Performance Capability for MATOC

5.1 Volume 1, Tab A: Factor 1, Sub-Factor 1 – Relevant Specialized Experience

5.2 Volume 1, Tab B: Factor 1, Sub-Factor 2 – Management Effectiveness

5.3 Volume 1, Tab C: Factor 1, Sub-Factor 3 – Key Personnel

5.4 Volume 1, Tab D: Factor 1, Sub-Factor 4 – Safety Record

6.0 Factor 2 – Past Performance (Volume 1, Tab E)

7.0 Factor 3 – Performance Capability for Seed TO

7.1 Volume 1, Tab F: Factor 3, Sub-Factor 1 – Technical Approach

7.2 Volume 1, Tab G: Factor 3, Sub-Factor 2 – Proposed Contract Duration/Summary Schedule

8.0 Factor 4 – Price Proposal for Seed TO

8.1 Volume 2, Tab A: Proposal Cover Sheet

8.2 Volume 2, Tab B: Standard Form (SF) 1442, Solicitation, Offer and Award

8.3 Volume 2, Tab C: Pricing Schedule

8.4 Volume 2, Tab D: Bid Guarantee

8.5 Volume 2, Tab E: Representations and Certifications

8.6 Volume 2, Tab F: Joint Venture Agreement (if applicable)

8.7 Volume 2, Tab G: Financial Capacity and Pre-Award Information

9.0 Source Selection Evaluation Procedures

9.1 Source Selection Evaluation Board (SSEB)

9.2 Definitions

9.3 Adjectival Ratings, which incorporate a proposal risk assessment

9.4 Past Performance Risk Ratings

9.5 Technical Proposal Evaluation Rating System

9.6 Discussions

10.0 Basis of Award

ATTACHMENT 1: Experience Information Form (1 Page) ATTACHMENT 2: Past Performance Questionnaire (4 Pages)

1.0 OVERVIEW

1.1 A pool of up to five (5) MATOCs will be awarded through FAR Part 15 One-Step Best Value “Trade Off” Source Selection. When combined all non-cost factors are significantly more important than price. The Government is concerned with achieving the most advantageous balance between technical merit (“quality”) and price. The degree of importance of price could become greater depending upon the equality of the technical proposals. If competing technical proposals are determined to be essentially equal, price could become the controlling factor.

1.2 The MATOCs are IDIQ contracts as defined in FAR 16.504. Services will be provided by Firm-Fixed- Price (FFP) Task Orders (TOs). Only the Tulsa District shall issue TOs against this contract unless specifically authorized by a Tulsa District Contracting Officer.

1.3 In accordance with (IAW) the US Small Business Administration’s (SBAs) Women-Owned Small Business Federal Contract Program (WOSBFCP), these MATOCs will be set-aside for Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs). The EDWOSB NAICS Set-Aside code is 237110 – Water and Sewer Line and Related Structures with a size standard of $33.5M.

1.4 Each MATOC will be a three (3) year contract (base year plus two option years). The Government is under no obligation to issue any TOs against these MATOCs in excess of the minimum contract obligation of $3,000.00. IAW the SBA’s WOSBFCP, each MATOC will have a maximum contract capacity of $4M. Therefore, the total sum of all TOs among the MATOCs (contract capacity) shall not exceed the estimated amount of $20M.

1.5 The MATOCs are intended for multi-tasking of general and specialized construction related services for a wide variety of new construction, maintenance, repair, alteration and minor and major construction type tasks for military and civil works projects primarily for the Tulsa District and customers within the geographic location. The tasks include, but are not limited to, work plans, total facility renovation, new construction; repairs and alterations;

preventive maintenance; installation/construction of the following systems: heating, ventilation and air conditioning (HVAC), plumbing, electrical, elevators, building envelope, road and pavements, fire protection, antiterrorism/force protection (ATFP); environmental abatement, utility system modifications, and operations activities. This contract is intended to execute new construction, or construction repairs of real and personal property facilities, e.g., maintenance, repair, asbestos and lead-based paint abatement, and major and minor construction situations relating to, but not limited to, architectural, civil, mechanical, plumbing, structural, electrical, HVAC, instrumentation, telecommunications, and ATFP.

1.6 Location of projects could be anywhere in the USACE Tulsa District’s area of responsibility: Tulsa District’s MILCON boundaries include military installations in Texas, New Mexico and Oklahoma; Tulsa District’s Civil Works boundaries include all of Oklahoma and portions of Texas and Kansas.

1.7. Upon receipt of a TO, the Contractor shall provide all labor, materials, supplies, parts (to include system components), plant, supervision, equipment, and related services (except when specified as Government furnished), to perform the work as specified. Contractor's work and responsibility shall include all Contractor planning, programming, administration, and management necessary to provide all work as specified. The Contractor shall conduct all work in strict accordance with the contract and all applicable Federal, State, and local laws, regulations, codes, and directives. The Contractor shall provide related services such as preparing and submitting required reports, performing administrative work, and submitting necessary information as specified under this contract and within each TO. The Contractor shall ensure that all work provided meets requirements of the base contract and the scope of work for each TO and any specifications included with the TO or in any applicable document.

2.0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.1. Participation Information: Firms formally organized as 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 (JVs) or “team” arrangements.

2.2. Proposal Submission Requirements:

2.2.1. Each Offeror must submit a Technical Proposal that includes the following:

Performance Capability for the MATOC demonstrating their capability to successfully execute the type of projects described in Paragraph 1.5. The Government will evaluate the Proposal in accordance with the criteria described herein.

Performance Capability for Seed TO described below. The Government will evaluate the Proposal in accordance with the criteria described herein.

SEED TO: Skiatook Generator/Slide Repair & MCKARNS Slope Protection Repair

This project will be a total turn-key contract with all work being performed by the Contractor. The Contractor shall provide all plant, materials, equipment, labor, instruments, tools, subcontractors, supervision, management, and travel necessary to complete all work in accordance with the Summary of Work, the provided drawing, the specifications, the basic MATOC clauses and specifications and all other contract documents and requirements. The work required is summarized as follows: (1) replacement of 75 KW/480 V/3-phase, 94 KVA stand-by diesel generator and all associated appurtenances at the Skiatook Lake Gate Tower; (2) repair of earthen slide/slope failure near the Skiatook Lake stilling basin; and (3) site grading and stone protection of five separate locations along the MKARNS, including access roads and clearing and grubbing.

2.2.2. Each Offeror must submit a Seed TO Price Proposal for the Seed TO described above. The Government will evaluate the Seed Order Price Proposal in accordance with the criteria described herein.

2.3. General Instructions:

2.3.1. The Technical Proposal and Seed TO Price Proposal must be submitted as separate volumes. Ensure that the outside of each separate volume is clearly marked to indicate its contents; and the identity of the Offeror.

Additionally, clearly identify the “original” price proposal and the “original” technical proposal on the outside cover.

2.3.2. Both Proposals must be received by the closing date and time set for receipt of proposals.

2.3.3. No dollar amounts from the Seed TO Price Proposal are to be included in the Technical Proposal.

2.3.4. All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal (Volume 1). Do not merely cross-reference similar material in the Seed TO Price Proposal, or vice versa. Also, do not include links to websites in lieu of incorporating information into your proposal.

2.3.5. Deviations and exceptions to the terms and conditions of the solicitation are not allowed. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be deemed “unacceptable” and thus ineligible for award. Should the Offeror have any questions related to specific terms and conditions, these must be resolved prior to submission of the offer. If the Offeror must make any assumptions prior to submitting the proposal, the Offeror shall list and describe in detail the assumptions on the first page of each Tab. All assumptions shall be fully supported with the Offeror’s rationale and shall fully explain the impact, if any, on the performance and/or specific requirement of the RFP. The Offeror shall clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any assumption to the contractual and/or technical terms and include the monetary impact on the solicitation with the price proposal. This information will not be evaluated separately but may impact the evaluation of other factors.

2.3.6. Submit only the hard-copy paper documents and the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc.

2.3.7. Unless specifically authorized, use only 8 ½ by 11 inch paper for hard copy submissions.

2.3.8. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission.

2.3.9. All page margins must be at least 1 inch wide, but may include headers and footers.

2.3.10. Use three-ring binders to assemble your proposal. Do not use spring clamps or exceed the recommended capacity of the fastener or binder.

2.3.11. “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal.

Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

2.3.12. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page; information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, fold-out pages (11" x 14" or 11" x 17") will count as one page. Tables of content, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.

2.3.13. Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies (e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be required, and shall be a different color than the original pages they are to replace).

2.3.14. Offerors submitting proposals as a Joint Venture (JV) shall obtain a DUNS number and be registered in the CCR as the offering JV.

2.4. Specific Instructions for the Technical Proposal (Volume 1):

2.4.1. Submit the ORIGINAL and THREE (3) additional sets of the written Technical Proposal as described below. In addition, submit the complete Technical Proposal on one (1) CD capable of being read by a Windows 7 computer. The CD shall contain the entire Technical Proposal in.pdf format using Adobe Acrobat software. The documents may be scanned into a .pdf file. The .pdf file(s) should be clearly identified and “linked” together in a logical manner that closely follows the required organization for the written proposal.

2.4.2. The original and all copies of the proposal will be organized and labeled as specified in the chart in 3.0 below.

2.4.3. The following page limitations are established for each Factor/Sub-factor:

Title Contents Page Limit Factor 1 Performance Capability for

MATOC

Sub-Factor 1 Relevant Specialized Experience Narrative “Experience Information” forms

15 Pages No Limit

Sub-Factor 2 Management Effectiveness Narrative 25 Pages Sub-Factor 3 Key Personnel Resumes No Limit Sub-Factor 4 Safety Record OSHA Forms 300 & 300a

Narrative No Limit 6 pages

Factor 2 Past Performance CPARS Evaluations PPQs

No Limit No Limit

Factor 3 Performance Capability for Seed TO Sub-Factor 1 Technical Approach Narrative 10 pages Sub-Factor 2 Proposed Contract Duration/

Summary Schedule Narrative Chart

5 Pages No Limit

2.5. Specific Instructions for the Seed TO Price Proposal (Volume 2)

2.5.1. Submit only an ORIGINAL written Seed TO Price Proposal as described below. In addition, submit the complete Price Proposal on one (1) CD capable of being read by a Windows 7 computer. The CD shall contain the entire Price Proposal in.pdf format using Adobe Acrobat software. The documents may be scanned into a .pdf file. The .pdf file(s) should be clearly identified and “linked” together in a logical manner that closely follows the required organization for the written proposal.

2.5.2 There are no page limits set for the Seed TO Price Proposal. However, limit your response to information required by this solicitation. Excess information will not be considered in the Government’s evaluation.

2.5.3. The Seed TO Price Proposal shall be organized and labeled as indicated in the chart in 4.0. Note: If the Offeror is not required to submit any information under a listed Tab in accordance with the instructions below, that tab can be omitted. However, do not renumber the subsequent tabs.

3.0. TECHNICAL PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

VOLUME 1

Factor/

Subfactor/ Element

LOCATION DESCRIPTION RELATIVE IMPORTANCE

FACTOR 1 PERFORMANCE CAPABILITY

FOR MATOC

Equally Important to Factor 2—combined Factors 1 & 2 are the Most Important Factors

Sub-factor 1 Tab A Relevant Specialized Experience Most Important Sub-factor (more important than Sub-factors 2, 3 & 4)

Sub-factor 2 Tab B Management Effectiveness 2nd Most Important Sub-factor (less important than Sub-factor 1 and more important than Sub-factors 3 & 4) Sub-factor 3 Tab C Key Personnel 3rd Most Important Sub-factor

(less important than Sub-factors 1 & 2 and more important than Sub-factor 4)

Sub-factor 4 Tab D Safety Record – OSHA Forms 300 or 300a

4th Most Important Sub-factor (less important than Sub-factors 1, 2 & 3)

FACTOR 2

Tab E PAST PERFORMANCE Equally Important to Factor 1—combined Factors 1 & 2 are the Most Important Factors

VOLUME 1

Subfactor/ Element

LOCATION DESCRIPTION RELATIVE IMPORTANCE

FACTOR 3 PERFORMANCE CAPABILITY

FOR SEED TO

2nd Most Important Factor (less important than Combined Factors 1 & 2

& more important than Factor 4) Sub-factor 1 Tab F Technical Approach Most Important Sub-factor

(more important than Sub-factor 2)

Sub-factor 2 Tab G Proposed Contract Duration/Summary Schedule

2nd Most Important Sub-factor (less important than Sub-factor 1)

4.0. SEED TO PRICE PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

VOLUME 2

Sub-factor/

Element

LOCATION DESCRIPTION RELATIVE IMPORTANCE

N/A Tab A Proposal Cover Sheet Not Rated N/A Tab B Signed SF1442 and Acknowledgement of Amendments Not Rated

FACTOR 4 Tab C SECTION 00 11 00, SEED TASK

ORDER PRICE PROPOSAL

3rd Most Important Factor (less important than Factors 1, 2 & 3 combined) N/A Tab D Bid Guarantee (Bid Bond) Not Rated N/A Tab E Representations & Certifications or

ORCA Printout Not Rated

N/A Tab F JV Agreement (if applicable) Not Rated N/A Tab G Financial Capacity Go/No Go

5.0 FACTOR 1 – PERFORMANCE CAPABILITY FOR MATOC

5.1. Volume 1 – Tab A: Factor 1, Sub-Factor 1 - Relevant Specialized Experience

5.1.1. Submission Requirements:

5.1.1.1. The Offeror shall demonstrate “recent”, “relevant” experience on similar projects as described in

1. 5, using the “Experience Information” form that is Attachment 1 to this section.

5.1.1.2. The Offeror shall complete a minimum of three (3), but no more than five (5), “Experience Information” forms in response to this factor. All blocks must be filled in and all data should be accurate, current, and complete. All projects submitted must be at least 50% complete and completed within the last five years. Offerors are required to use the Experience Information Forms provided; to assist in their completion an electronic MS Word format of the forms will be provided.

5.1.1.4. The Offeror shall in a short narrative describe the role of the proposed subcontractors in the MATOC and the percentage of work they will perform.

5.1.1.5. IAW FAR Clause 52.219-14(c)(3) the Offeror shall be required to perform at least 15% of the MATOC’s shared contract capacity.

5.1.1.6. The Offeror shall complete a minimum of one (1), but no more than three (3), “Experience Information” forms for each subcontractor described in Paragraph 5.1.1.4. All blocks must be filled in and all data should be accurate, current, and complete. All projects submitted must be at least 50% complete and completed within the last five years.

5.1.2. Joint Venture (JV) Offeror

5.1.2.1. The JV Offeror shall in a short narrative (not to exceed one page) describe the role of each JV…