W912BV-16-R-0110.pdf

RFP NO: W912BV-16-R-0110

US Army Corps of Engineers Tulsa District

AIR TRAFFIC CONTROL TOWER

TINKER AIR FORCE BASE, OKLAHOMA

WWYK093003

Phase 1 of 2 Phase Design/Build Request For Proposal

MARCH 2016

AIR TRAFFIC CONTROL TOWER TINKER AFB, OK

i

PROJECT TABLE OF CONTENTS

DOCUMENTS 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 STANDARD FORM 1442 AND PRICING SCHEDULE*

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 00 PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

00 22 20 PHASE 2 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS*

00 73 46 WAGE DETERMINATIONS*

*Issued with Phase 2

-- End of Project Table of Contents –

Contract that includes Design and construct an Air Traffic Control Tow er to include reinforced concrete drilled piers, foundation, f loor slab, supporting superstructure, control tow er cab w ith tinted double glazing, elevator, supervision and simulation training areas. The facility w ill be designed as permanent construction in accordance w ith UFC 1-200-01. Project includes f ire protection systems, back-up pow er, communications support, tornado shelter, site preparation and drainage, access road and parking area, and other necessary support for a complete and usable facility. Comply w ith DoD Antiterrorism/Force Protection per UFC 4-010-01 to include progressive collapse.

Communications w ill connect to a primary Information Transfer Node (ITN) and secondary ITN back up. The project location is surrounded by active runw ays and taxiw ays. The project w ill require LEED certif ication. The scope of w ork also includes demolition of the existing Air Traff ic Control Tow er and simulator building after certif ication of the functionality of the new tow er by the Air Force.

This procurement w ill proceed as an unrestricted procurement w ith a magnitude betw een $10,000,000 and $25,000,000.

Performance and Payment Bonds w ill be required.

BRIAN C HUTCHISON 918.669.7426

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

05-Apr-2016

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, 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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________05 May 2016 (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) 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

USACE, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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-16-R-0110 125

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

Section 00 11 00 - SF 1442 and CLIN Schedule

00 11 00 Pricing Schedule, Section 00 11 00, will be issued in Phase 2 of the solicitation process.

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

00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 GOVERNMENT SECURITY REQUIREMENTS

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4 OFFEROR'S QUESTIONS AND COMMENTS

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.7 PRE-PROPOSAL CONFERENCE

1.8 ACCURACY IN PROPOSALS

1.9 PROPOSAL SUBMITTALS

1.10 PROPOSAL FORMAT

1.11 JOINT VENTURE PROPOSAL REQUIREMENTS

1.12 DEVIATIONS AND EXCEPTIONS

1.13 SOLICITATION PROVISIONS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

This is a two-phase unrestricted, competitive solicitation, firm-fixed-price design/build contract procured in accordance with FAR 15, Negotiated Procurement utilizing the Best Value Trade-Off process. The contract is for design-build and construction services to meet the requirements of a design-build construction project of a new 130 vertical ft Air Traffic Control Tower at Tinker Air Force Base, OK. The Government intends to award one contract using the Best Value Trade-Off Process. The magnitude of this construction project is between $10,000,000 and $25,000,000 dollars. See Section 00 90 00 for additional description of work.

1.2. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Tulsa District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1645 S. 101 E. Ave, Tulsa, OK 74128-4609, if it does not contain a return mailing address. There will be no exceptions.

1.3. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov

Solicitation number: W912BV-16-R-0110

It shall be the contractor’s responsibility to check the websites for any amendments. The Offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.4. OFFEROR'S QUESTIONS AND COMMENTS

All contractual matters, questions and or comments relative to these documents should be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet/binKornHome/index.cfm?strKornCob=HomePagePublic no later than 14 calendar days prior to the proposal due date, in order that they may be given consideration or actions taken prior to receipt of offers..

The Bidder Inquiry Key for this project is VA43DB-BUEDAK

Instructions for registering in the ProjNet Bidder Inquiry system are available on the above web site.

1.5. SMALL BUSINESS SIZE STANDARD/NAICS CODE

NAICS code is 236220. This procurement is unrestricted.

1.6. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.7. PRE-PROPOSAL CONFERENCE

The Government intends to hold the pre-proposal conference for Phase 2 of the solicitation. The date, location, time and submittal instructions will be announced by Amendment. The Offeror must submit in writing via e- mail, the firm’s name, address, point of contact, telephone number, and number of personnel planning to attend to the following no later than five (5) working days prior to the conference:

U.S. Army Corps of Engineers, Tulsa District ATTN: Pun Chittchang, CESWT-CT 1645 S. 101 E. Ave.

Tulsa, OK 74128-4609

Phone: 918-669-7544

All interested Offerors are urged to attend. During this conference, the requirements set forth in the Phase 2 solicitation will be reviewed and discussed, with part of the conference to include a question and answer period.

1.8. ACCURACY IN PROPOSALS

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

1.9. PROPOSAL SUBMITTALS

1.9.1 The submittal method for proposals is electronic via AMRDEC SAFE or email ONLY (no mailed proposals). AMRDEC SAFE web site: https://safe.amrdec.army.mil/safe

The following email address(es) must be entered for notification of proposal receipt and download availability:

punnie.chittchang@usace.army.mil brian.c.hutchison@usace.army.mil

1.9.2 Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on SF30. Mail bid bonds to:

U.S. Army Corps of Engineers, Tulsa District ATTN: Punnie Chittchang, CESWT-CT 1645 S. 101 E. Ave.

Tulsa, OK 74128-4609

1.9.3 The packaging shall be marked:

“Solicitation Number: W912BV-16-R-0110”

1.10. PROPOSAL FORMAT

See Section 00 22 00 for Phase I proposal requirements. See Section 00 22 20 (issued with Phase

2) for Phase 2 proposal requirements.

1.11. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or HubZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

1.12 DEVIATIONS AND EXCEPTIONS

Deviations and exceptions to the terms and conditions of the solicitation in either the technical or price proposal are neither encouraged nor desired. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “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. Notwithstanding the above, if deviations and exceptions are included with the offer, the Offeror shall list and describe in detail the deviations and/or exceptions on the first page of each Tab. All deviations and exceptions 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 exception 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.

1.12.1 CONTRACT COST CEILING LIMITATION (CCL) FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award shall not exceed $10,900,000. Offerors are notified that they are under no obligation to approach this ceiling. However, the Government will not be able to make an award, if the dollar amount set for this project is exceeded.

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS’ UNCLASSIFIED

CONTRACTS (JUL 2008)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non- sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Contracting Officer Representative (COR) within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the COR. For those contractors that do not have a CAGE Code or Facility Security Clearance, the contractor is responsible for providing a background check as follows:

1. PROVIDE A BACKGROUND CHECK, FOR EACH CONTRACT EMPLOYEE SCHEDULED

TO WORK UNDER THE CONTRACT FOR LESS THAN SIX (6) MONTHS, TO THE CONTRACTING

OFFICER REPRESENTATIVE (COR).

2. PROVIDE A BACKGROUND CHECK, FOR EACH CONTRACT EMPLOYEE SCHEDULED TO

WORK UNDER THE CONTRACT FOR MORE THAN SIX (6) MONTHS TO THE COR. CONDUCT A

BACKGROUND INVESTIGATION (BI) THROUGH THE DEFENSE SECURITY SERVICE (DSS) ON ALL

EMPLOYEES THAT ARE SCHEDULED TO WORK UNDER THE CONTRACT FOR LONGER THAN SIX

(6) MONTHS.

3. ONCE THE CONTRACTOR RECEIVES A RESPONSE FROM THE DSS ON THE STATUS

OF THE INVESTIGATION ON EACH INDIVIDUAL, THE CONTRACTOR SHALL FORWARD THAT

INFORMATION TO THE COR.

4. EACH CONTRACTOR WILL CONTACT THE DEFENSE SECURITY SERVICE, 1-888-282-7682

FOR GUIDANCE ON OBTAINING A BACKGROUND INVESTIGATION FOR THEIR

EMPLOYEES. B. FOREIGN NATIONALS

In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE:

exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the COR the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security

Classification Specification).

(End of special contract requirement)

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System Number JUL 2013 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.228-1 Bid Guarantee SEP 1996 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ (to be determined by amendment) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(OCT 1997)

(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, 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 revisions of proposals. (i) Offerors are responsible for submitting proposals, and any modifications, revisions, or withdrawals, 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 after conducting discussions with offerors whose proposals have been determined to be within the competitive range. 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. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(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)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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. Charles A. Peterson, Charles.a.peterson@usace.army.mil, 1645 S 101st East Ave, Tulsa, OK 74128.

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for-- Site Visit date will be provided by future amendment during Phase 2.

ALL personnel that will be attending this Pre-Bid Conference must provide the following information: company name; last name, first name, full middle name (as it appears on driver’s license); place of birth; date of birth; social security number; driver's license number; and driver’s license state of issue all as identified on the attached form.

The information above must be complete and is due to the Contracting Officer ASAP. No exceptions due to strict lead time requirements for Base access. Only individuals on the list will be permitted to board the bus. Send the information to Brian Hutchison.

(End of provision)

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

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

http://farsite.hill.af.mil/VFFARA.HTM

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016

APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

00 22 00 - 1

Section 00 22 00 - Phase 1 of 2 Phase Design Build Selection Process

EVALUATION CRITERIA

SECTION 00 22 00

PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

4.0 TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

5.0 TAB B – FACTOR 1 – SPECIALIZED EXPERIENCE

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 TAB C – FACTOR 2 – PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

6.2 EVALUATION CRITERIA

7.0 TAB D – FACTOR 3 – ORGANIZATION AND TECHNICAL APPROACH

7.1 SUBMISSION REQUIREMENTS

7.2 EVALUATION CRITERIA

8.0 PHASE 1 OVERALL RATING

9.0 PHASE 1 EVALUATION PROCEDURES

9.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

9.2 EVALUATION

9.3 DEFINITIONS

9.4 EVALUATION AND RATING SYSTEM

9.5 PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING SYSTEM

PHASE ONE – SECTION 00 22 00 ATTACHMENTS

00 22 00 - 2

1 – PROPOSAL DATA SHEETS

2 – COMPANY SPECIALIZED EXPERIENCE CONSTRUCTION OR PRIME CONTRACTOR

3 – COMPANY SPECIALIZED EXPERIENCE DESIGN FIRM OR IN-HOUSE DESIGN CAPABILITY

4 – PAST PERFORMANCE SURVEY FORM

5 – KEY PERSONNEL RESUME

6 – LETTER OF COMMITMENT FOR KEY PERSONNEL

7 – LETTER OF COMMITMENT FOR DESIGN FIRM

00 22 00 - 3

SECTION 00 22 00

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF AWARD

(Phase 1 of 2)

1.0 OVERVIEW OF PHASE 1 SELECTION PROCEDURES

1.1 This is a two-phase competitive solicitation for a firm, fixed-price contract, which will be awarded using the Best Value Trade-Off Process.

1.2 The Preliminary scope of this contract includes, but is not limited to, design and construction of a new 130 vertical ft. Air Traffic Control Tower to include reinforced concrete drilled piers, foundation, floor slab, supporting superstructure, control tower cab with tinted double glazing, elevator, supervision, and simulation training areas located at Tinker Air Force Base, Oklahoma.

The facility will be designed as permanent construction in accordance with UFC 1-200-01.

Includes fire protection systems, back-up power, communications support, tornado shelter, site preparation and drainage, access road and parking area, and other necessary support for a complete and useable facility. Comply with DOD Antiterrorism/Force Protection per unified facilities criteria 4-010-01 to include resisting progressive collapse. Communications will connect to a primary Information Transfer Node (ITN) and a secondary ITN back up. The scope also includes the demolition of an existing Air Traffic Control Tower and simulator building to include various roadways, utilities, etc...

1.3 Phase 1. The first phase consists of a process known in commercial design-build as the “Request for Qualifications” or the acronym: “RFQ”. This solicitation refers to it as “Phase 1”. In Phase 1 of the 2 Phase design-build selection procedure, interested firms or Joint Venture (JV) entities (referred to as “Offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will select up to three (3) but no more than five (5) of the highest rated Phase 1 Offerors to compete for the design-build contract in Phase 2.

1.3.1 Phase 2. In Phase 2, the selected Offerors will submit preliminary technical-design proposals and the remainder of the performance capability proposals, including identification of key subcontractors, the proposed contract duration, a preliminary schedule, plus a price proposal in response to the Phase 2 Request for Proposal. The final evaluation rating used for comparison, selection, and award will reflect both the rating received in Phase 1 and the evaluation rating received in Phase 2.

1.3.2 The Phase 1 proposal must describe the capability of the Offeror to perform the work, describe the Offeror’s understanding of the requirements contained in the Statement of Work and set forth full, accurate, and complete information as required by the RFP. The proposal should be prepared simply and economically and be legible, clear, and coherent.

00 22 00 - 4

1.3.3 Offerors will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this Request for Proposal does not constitute an award commitment on the part of the Government.

2.0 GENERAL INSTRUCTIONS

2.1 Who May Submit: Any legally organized business firm may submit a proposal that is formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of business firms or any other interested parties may submit proposals. Associations may be as joint ventures as a partnership in accordance with FAR 9.601, or as key team subcontractors. To qualify for Phase 2, the Offeror or Offeror’s subcontractor shall have professional architects and engineers, registered in the appropriate technical disciplines and the requirements specified in Contract Clause, ”Requirements for Registration of Designers”, must be met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

2.2 Where to Submit: Pro Forma Information will be received until the date and time indicated on Standard Form 1442 at the address shown in Section 00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS.

2.2.1 Pro Forma Requirements to be provided for Phase 1: This information should be submitted in an envelope labeled “Pro Forma Requirements”. This information consists of the following:

a. The Offeror will submit a cover letter containing:

1) Solicitation number.

2) Name, address, email, and telephone and fax numbers of the Offeror.

3) Names, title, email, and telephone and fax numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP.

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

5) A statement specifying agreement with all terms, conditions and provisions included in the

RFP.

6) CAGE Codes for the Offeror, and all teaming partners who participated in the Factor 1

– Specialized Experience.

b. Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

c. The completed Section 00 45 00 of the RFP (Representations and Certifications), Printed Entity Record from System for Award Management (SAM)

d. Letter from Surety stating Offer is capable of providing a Bid Guarantee in Phase 2 as required in FAR 52.228-1.

e. Financial statement and bank letter that verify that sufficient funds will be available to finance the work.

f. For Joint Ventures, the information required by paragraph “Joint Ventures”.

g. Identify if this proposal is being submitted as a HUBZone entity.

00 22 00 - 5

2.3 Submission Deadline. Proposals shall be received by the Tulsa District no later than the time and date specified in Block 10 of Standard Form 1442 via AMRDEC SAFE website https://safe.armdec.army.mil/safe/, or via email. The following email addresses must be entered for notification of proposal receipt and download availability, or for direct email:

Punnie.chittchang@usace.army.mil brian.c.hutchison@usace.army.mil

2.4 In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror's evaluation. Offerors should provide sufficient detail and clearly define all items required in this section.

2.5 The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeror fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

2.6 Tabs. Proposal shall be organized and tabbed as shown in paragraph 3.0, “Phase I Proposal and Related Evaluation Factors”.

2.7 Size of Printed Matter Submissions.

2.7.1 Proposal materials shall be submitted via AMRDEC SAFE website https://safe.armdec.army.mil/safe/, or via email, containing the proposal in PDF file format using Adobe Acrobat software. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative paper sizes (e.g., 11” x 14” or 11” x 17” sheets) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers. Phase 1 proposals shall not exceed 30 single-sided pages, excluding the cover sheet and Table of Contents. A page is defined as text or information on one side of the paper. Factor 2 – Past Performance will not be counted towards this page limitation, nor will the resumes submitted for key personnel. The Government will not evaluate any information beyond the page limitation noted. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

2.7.2 The proposals shall contain a detailed table of contents.

2.7.2.1 Proposals shall contain the entire proposal in .pdf format using Adobe Acrobat software to print to a .pdf file; do NOT scan the document(s) into a .pdf file. The text portion of the complete proposal shall be contained as a single .pdf file. The technical proposal will be appropriately organized using the tabs specified in the chart above.

2.7.2.2 A cover sheet identifying the Offeror (name, address, point of contact), project description, and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration.

2.7.2.3 Sections of the proposal shall be bookmarked (linked to the index) as detailed below. The SF 1442 may be scanned and shall be *Optical Character Recognition (OCR) compatible. All text

00 22 00 - 6 must be legible and easily read. Submit the SF 1442, completed and signed by a person authorized by the Offeror. A page is defined as text or information on one side of the paper.

Factor 2 – Past Performance will not be counted towards this page limitation.

*OCR is a common method of digitizing printed texts so that they can be electronically searched, stored more compactly, displayed on-line, and used in machine processes such as machine translation, text-to- speech, key data extraction and text mining.

2.7.2.4 Each Volume of the proposal shall be identified by the Solicitation Number (W912BV-16-R-0110), project title (Air Traffic Control Tower, Tinker AFB), name, address, and telephone number of the Offeror, and the following on the volume in bold letters:

Phase 1 Volume 1: TECHNICAL PROPOSAL

2.7.3 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. A revised copy of the entire proposal in .pdf format shall be provided.

3.0 PHASE 1 PROPOSAL…