W912BV-16-R-0114-0001_El_Dorado_Gates_with_revised_TOC.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Replace tw o (2) service gates and associated operators at El Dorado Dam, Kansas.

This amendment publishes site visit information, incorporates a bid schedule, provides changes to Sections 00 21 00, 00 22 11 and clauses as needed to correct the original solicitation. A complete table of contents have been added to the RFP specifications: see the last page in this amendment. Changes to the text sections, such as 00 21 00, are highlighted in yellow for convenience.

1. CONTRACT ID CODE PAGE OF PAGES

1 39

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

16C. DATE SIGNED

BY 28-Jul-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BV-16-R-0114

X 9B. DATED (SEE ITEM 11)

21-Jul-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

28-Jul-2016

CODE

CONTRACTING DIV

USACE, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912BV-16-R-0114

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 11 00 - SF 1442 AND CLIN SCHEDULE

SUMMARY OF CHANGES

SECTION 00 11 00 - SF 1442 AND CLIN SCHEDULE

The number of offeror copies required has decreased by 2 from 2 to 0.

The following have been added by full text:

PRICE SCHEDULE

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

The following have been modified:

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 GOVERNMENT SECURITY REQUIREMENT

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

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

This is a fully designed FY16 competitive best value solicitation, using the Lowest Price Technically Acceptable selection process in accordance with FAR Part 15, for a construction contract to Replace Two Service Gates and Associated Operators at El Dorado Lake, Kansas. The Government will evaluate proposals in accordance with the criteria described herein and award a firm fixed-price contract to the responsible firm whose proposal conforms to all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government. This project will be solicited as an unrestricted acquisition.

1.2 GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL m a il 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 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, 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 to the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov

Solicitation number: W912BV-16-R-0114

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

1.4 OFFEROR'S QUESTIONS AND COMMENTS

BIDDER INQUIRY USED FOR REQUEST FOR INFORMATION (RFIs) Questions and/or comments relative to the RFP shall be submitted via Bidders Inquiry (reference instructions below) in ProjNet at https://www.projnet.org/projnet.

Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a publicized question and answer on ProjNet’s Bidder Inquiry and/or written amendment to the solicitation.

To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register, go to the web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify the information on the next screen is correct and click continue. From this page you may view all bidder inquiries or add an inquiry. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

The Solicitation Number is: W912BV-16-R-0114 The Bidder Inquiry Key is: S3ACIE-8Z26EV

The Bidder Inquiry System will close for new inquiries 7 days prior to proposal due date to ensure adequate time to form an appropriate response and amend the solicitation, if necessary.

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

The bidder inquiry system technical help call center operates weekdays from 8AM to 5PM Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

The point of contact for this solicitation is:

Contract Specialist: Brian Abel Telephone: 918-669-7407 E-MAIL: Brian.J.Abel@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Officer no later than 7 calendar days prior to the solicitation close date, so they may be given consideration, or actions taken prior to receipt of offers. All requests for information must be submitted via ProjNet’s Bidder Inquiry (see above).

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

The NAICS Code for this solicitation is 237990 with $36.5M size limitation. See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

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 will hold a pre-proposal conference on TBD:

August 5, 2016 at 12:45 p.m. Central time.

USACE El Dorado Project Office Northeast Shady Creek Access Road El Dorado, KS The following information must be provided for each attendee no later than 4 August 2016 to the Contract Specialist, Brian Abel, brian.j.abel@usace.army.mil. No foreign nationals are permitted to attend without prior approval. Attendees must present a valid government picture ID to attend the meeting.

Visitor's Full Name Date of Birth Drivers License (DL) Number and State of Issue Country of Citizenship

Gender

Points of Contact:

U.S. Army Corps of Engineers ATTN: Michael Lowry Council Grove Lake Office 945 Lake Rd Council Grove, KS Phone: 620-767-5195 x 8211 Email: Michael.Lowry@usace.army.mil All interested offerors are urged to attend. During this conference, the requirements set forth in the solicitation will be reviewed and discussed, with part of the conference to include a question and answer period.

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.

1.8 PROPOSAL SUBMITTALS

All proposals shall be submitted in electronic format as described in section 00 22 11.

Proposals must be submitted in a single PDF file with bookmarks for each volume, technical and price, with no scanned documents in the PDF files. Preferred submission is via AMRDEC Safe Download at https://safe.amrdec.army.mil/safe/ with the following recipients designated:

Brian Abel, brian.j.abel@usace.army.mil Diane Cianci, diane.cianci@usace.army.mil Punnie Chittchang, punnie.chittchang@usace.army.mil

Alternately, proposals may be submitted on CD/DVD and mailed or shipped to:

U.S. Army Corps of Engineers, Tulsa District ATTN: Brian Abel 1645 S. 101 E. Ave. Tulsa, OK 74128 Phone: 918-669-7407 Email: Brian.J.Abel@usace.army.mil

See FAR 52.215-1 for rules concerning late proposals. Note: FedEx and UPS packages are delivered Monday through Friday from 8:00 a.m. – 4:00 p.m., Central Time, only.

Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on SF30. The Packaging that contains the Proposals shall be marked: Proposals for Solicitation Number: W912BV-16-R-0114, DO NOT OPEN”

1.9 PROPOSAL FORMAT

All Proposal Information must use 10 point or larger font size in a single PDF file for each volume and bookmarked in accordance with section 00 22 00. Each volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein:

(i) The signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section, and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

NO PAPER COPIES. All files on CD/DVD if submitted in that format shall be in PDF format and the PDF shall be bookmarked in accordance with section 00 22 11. Mail or ship the CDs in accordance with the instructions above.

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.

PROPOSAL SCHEDULE

SOLICITATION NO. W912BV-16-R-0114

REPLACE TWO SERVICE GATES AND ASSOCIATED

OPERATORS EL DORADO LAKE, KANSAS

JULY 27, 2016

Item Estimated Unit No. Description Quantity Unit Price Amount

BASE PROPOSAL

1. Replace Two Service Gates 1 Job $ $ and Operators

TOTAL PROPOSAL $

PROPOSAL SCHEDULE

NOTES

1. All costs for items of work not listed separately in the Proposal Schedule or specifically mentioned to be included in a particular item price shall be included in the listed item price most closely associated with the work involved.

2. This solicitation requires submission of a price on all items. Failure to do so will result in the proposal being rejected without further consideration.

3. Only one contract for the entire schedule will be awarded under this solicitation.

Revised by Amendment 0001

00 11 00-1

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

7.9% 6.9%

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 Wichita, Kansas, SMSA counties, Butler.

(End of provision)

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:

Diane M. Cianci, Contracting Officer USACE Tulsa District Room 350

1645 S 101st E Avenue 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.

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--

August 5, 2016 at 12:45 p.m. Central time.

USACE El Dorado Project Office Northeast Shady Creek Access Road El Dorado, KS

The following information must be provided for each attendee no later than 4 August 2016 to the Contract Specialist, Brian Abel, brian.j.abel@usace.army.mil. No foreign nationals are permitted to attend without prior approval. Attendees must present a valid government picture ID to attend the meeting.

Visitor's Full Name Date of Birth Drivers License (DL) Number and State of Issue Country of Citizenship Gender

Points of Contact:

U.S. Army Corps of Engineers ATTN: Michael Lowry Council Grove Lake Office 945 Lake Rd Council Grove, KS Phone: 620-767-5195 x 8211

Email: Michael.Lowry@usace.army.mil

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 30 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 30 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

(End of clause)

SECTION 00 22 11 - PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, BASIS OF

AWARD ONE-STEP-BEST VALUE, DESIGN-BUILD (SINGLE AWARD)

The following have been modified:

EVALUATION CRITERIA

SECTION 00 22 11 - PROPOSAL SUBMISSION REQUIREMENTS,

EVALUATION CRITERIA, BASIS OF AWARD

1. 0 OVERVIEW

This is a competitive best value solicitation for a construction contract for the Replace Two Service Gates and Associated Operators at El Dorado Lake, Kansas. The Government will evaluate proposals in accordance with the criteria described herein and award a firm fixed-price contract to the responsible firm whose proposal conforms to all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

1.1 WHO CAN SUBMIT

a. 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 or as key team subcontractors.

b. Organization Conflicts of Interest (OCI) Disclosure: The Offeror shall provide a disclosure statement with its proposal which concisely describes all the relevant facts concerning the past or present organizational conflicts of interest relating to work on this project. In the same statement, and if applicable, the Offeror shall provide information to assure the Government that the conflicts of interest have been mitigated and/or neutralized to the maximum extent possible. If a conflict of interest is discovered after award of this contract, the Contracting Office will make a decision whether to terminate the contract.

2.0 BASIS OF AWARD

Award will be made to the acceptable proposal meeting or exceeding the technical acceptability standards for non-cost factors and is the lowest price of all acceptable proposals and is found fair and reasonable by the Contracting Officer. Tradeoffs are not permitted. Proposals are evaluated for acceptability but not ranked using non-cost/price factors. The Government will not award a contract to a Firm whose proposal contains a deficiency, as defined in FAR 15.001. The Government reserves the right to reject any offer if the offer is not in the best interest of the Government.

3. 0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

3.1 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS.

3.1.1 Each Offeror must submit both a Price Proposal and a Technical Proposal. The Price Proposal and the Technical Proposal must be submitted as separate volumes. Ensure each separate volume is clearly marked to indicate its contents; and the file name includes the identity of the Offeror.

3.1.2 Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals.

3.1.3 No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

3.1.4 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 Price Proposal, or vice versa.

Also, do not include links to websites in lieu of incorporating information into your proposal.

3.1.5 Deviations, Exception and Assumptions

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.

3.2 DISCUSSIONS

The Government does not intend to enter into discussions with offerors prior to making an award. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, in accordance with FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency in accordance with (IAW) FAR Part 15.306(c)(2).

3.3 GENERAL INSTRUCTIONS

3.3.1 Submit only the electronic files specifically authorized and/or required in Section 00 21 00. Do not submit excess information. All pages should be numbered.

3.3.2 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.

3.3.3 “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”.

3.3.4 For submissions with page limitations, the pages will be counted as follows: tables of content, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.

3.3.5 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”, and shall show the date of revision.

3.4 SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL (VOLUME 1)

3.4.1 Number of Sets of the Technical Proposal. Submit the written Technical Proposal (except for the Cost/Price Proposal) electronically as stated in Section 00 21 00. The entire proposal must be a single PDF format using Adobe Acrobat software; do NOT scan the document(s) into a PDF file. Sections of the proposal shall be bookmarked (linked to the index) in logical order.

3.4.2 Format and Contents of the Technical Proposal and List of Tabs

The technical proposal will be appropriately labeled as such and organized using the tabs specified in the chart below.

3.4.3 Page Limitations. The following page limitations are established for each Factor:

Factor 1, Specialized Experience – Limited to 20 pages (1 page per project; maximum 5 forms per contactor/subcontractor, see paragraph 5.1)

Factor 2, Proposed Contract Duration and Summary Schedule – No page limitation Factor 3, Past Performance – No page limitation

3.5 SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL – FACTOR 4 (VOLUME 2)

3.5.1. Number of Sets of the Price Proposal.

Submit the Price Proposal electronically in accordance with the instructions in Section 00 21 00.

3.5.2. Size Restrictions and Page Limits.

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

3.5.3 Format and Contents of the Price Proposal and List of Tabs. The Price Proposal shall be appropriately labeled as such and shall be organized as indicated in the following chart. 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.

4.0 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

VOLUME 1 – TECHNICAL PROPOSAL

Factor

LOCATION DESCRIPTION

FACTOR 1 Vol 1 Tab A Specialized Experience

FACTOR 2 Vol 1 Tab B Proposed Contract Duration And Summary Schedule

FACTOR 3 Vol 1 Tab C PAST PERFORMANCE

VOLUME 2 – PRICE PROPOSAL

Factor

LOCATION DESCRIPTION

N/A Vol 2 Tab 1 Proposal Cover Sheet

N/A Vol 2 Tab 2 SF1442 and Acknowledgement of Amendments

FACTOR 4 Vol 2 Tab 3 SECTION 00 11 00, PRICING SCHEDULE

N/A Vol 2 Tab 4 Bid Guarantee (Bid Bond)

N/A Vol 2 Tab 5 Representations & Certifications

N/A Vol 2 Tab 6 JV Agreement (if applicable)

5.0 VOLUME 1

5.1 VOLUME 1 – TAB A: FACTOR 1 - SPECIALIZED EXPERIENCE

5.1.1 Submission Requirements:

Demonstrate the specialized experience of the Offeror and/or proposed team on projects same/similar in size and complexity to that described in the solicitation for same/similar construction services.

The Contractor shall complete a minimum of three (3), but no more than five (5) “Experience Information” forms, attached at the end of this section (Attachment 1), in response to this factor per contractor/subcontractor. 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 5 years. If the Offeror’s firm has multiple locations, projects should have been completed by the regional office that will be performing the work. The Government preference is that project examples submitted be of completed projects (i.e., construction complete). At least two (2) of the projects provided must be valued at over $500,000.

5.1.2 Evaluation Criteria:

a. The Government will evaluate the extent of recent, relevant experience of the Offeror (including subcontractors) in regard to their role on this project. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience. The Government will evaluate the experience submitted to see that it demonstrates capability to execute projects that are similar in size, scope, and complexity to this requirement. Projects still under construction will be evaluated only if they are at least 50% complete.

(1) The Offeror must submit the requested information to demonstrate a record of recent, related experience in construction, for the project (which may include similar state or local government or private counterparts) included in this solicitation. Recent experience includes projects well underway (see above criteria) or those completed and turned over within 5 years of the proposal issue date for this RFP for construction experience.

Joint Venture partners should each demonstrate experience commensurate with their role on this project or how their experience qualifies them for their role on this project. If any of the information required is not included in the form (Attachment 1), then the Contractor will be considered non-responsive and evaluated as unacceptable.

(2) The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Construction Contractor Appraisal Support System (CCASS), other DOD or Government appraisal systems or to interview owners or references. The Government may check any or all cited references to verify supplied information.

(5) The Government will consider extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and local conditions. Some examples of relevancy to this project may include, but not be limited to:

(a) Number, size, type work, complexity, location

(b) Dates (well under way or completed no more than 5 years preceding date of Solicitation)

(c) Firm's role and extent of work self-performed.

5.2 VOLUME 1 - TAB B: FACTOR 2 – PROPOSED CONTRACT DURATION AND SUMMARY

SCHEDULE

5.2.1 Submission Requirements:

a. The Offeror shall propose a contract duration in the appropriate location on the Pricing Schedule not to exceed the maximum contract duration specified in the SCR entitled COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. The proposed duration shall become the required contract duration.

b. Submit a summary level schedule for construction including any construction phasing. Schedules or diagrams may be provided separately in a size that is easily read. This summary schedule will, after contract award, be replaced with a project schedule as required by Section 01 32 01.00 10 PROJECT SCHEDULE. The summary schedule shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Offeror may use a critical path or other method of his choice; however, schedules shall be graphically represented. The proposed summary schedule shall reflect the proposed contract duration. Give attention to the following features:

(1) Show the overall construction phase for major item(s), for the site work, and for utilities (if applicable).

(2) Show turnover of the project. Identify any proposed phased turnovers (if applicable). The time to complete the project and turnover to the Government must consider the requirement for the Contractor’s CQC completion inspection and the subsequent joint Contractor-Government turnover inspection.

(3) Show as-built submissions.

(4) Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion period. Clearly identify any constraints on the schedules presented

(e.g., labor or material availability, permits, weather, etc.). Indicate the anticipated overall critical path on the schedule.

c. The Offerors shall provide a narrative explanation to include the following:

(1) Proposed Phasing Plan

(2) Crew Assembly and Work Schedule(s)

(3) Safety Plan

The intent is to provide enough detail to demonstrate the Offeror’s understanding of the project; however, it is not the intent for the Offeror to provide the amount of detail that will be required in the pre-work submittals contained in Division 01 of this RFP.

5.4.2 Evaluation Criteria:

a. Proposed Contract Duration: This duration will become the contractually binding completion period. The Government will evaluate the contract duration, as proposed by the Offeror in the Pricing Schedule, not to exceed the maximum allowed duration shown in the clause entitled COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK. In assessing the reasonableness of the proposed contract duration, the Government may take into account how well the proposed summary schedule supports the proposed duration, as well as use other information, such as but not limited to independent judgment concerning logic, constraints and typical construction durations. The Government will consider an unreasonably condensed contract duration, which places additional cost or schedule risk on the Government or which may create a risk of contract or performance failure, as a deficiency, depending upon the evaluators' judgment.

b. Summary Schedule: The Government will evaluate the summary schedule for construction. The length of the schedule must match the proposed contract duration. If it is shorter than the proposed contract duration, it offers no advantage to the Government because it is non-binding, only representing a preliminary planned schedule. A schedule shorter than the proposed contract duration may indicate the Offeror is placing additional risk on the Government for any delays between the scheduled completion date and the required contract completion period.

Both parties shall assume field overhead costs are included in the contract price for the full proposed contract duration. Therefore, the Government believes that there is no valid need to shorten the schedule less than the full proposed contract duration. The Government will evaluate the schedule to assess the strength of understanding of the project scope, restrictions which must be considered in the schedule e.g., permitting, long lead items, phasing, etc. The Government will evaluate the strength of understanding of events associated with coordinating submittals, the firm's capability to schedule the complete project within the proposed contract duration and the realism of the schedule.

c. Narrative: The Government will evaluate the narrative for realism and logic in regard to the proposed phasing plan, work crew assembly and work schedule, and safety plan.

6.0 VOLUME 1 -TAB C: FACTOR 3 - PAST PERFORMANCE

6.1 Submission Requirements:

a. For the projects listed under Factor 1 – Experience, the Government will query the Contractor Performance Assessment Reporting System (to include ACASS, CCASS, and CPARS) to validate past performance ratings on Department of Defense contracts and any other past performance information the Government deems necessary to evaluate a contractor’s past performance.

b. For each project that does not have a ACASS, CCASS, or CPARS evaluation, Offerors shall forward a copy of the Past Performance Questionnaire (PPQ) included at Attachment 2 to the points of contact responsible for monitoring performance under such contracts. The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

c. The information contained in the questionnaires will be used to evaluate the offeror’s past performance. If any negative past performance information is received, the contractor will be given an opportunity to provide rebuttal. Each contractor shall provide at least three (3) past performance ratings. Any rating an offeror has in CCASS for the projects listed under Factor 1 will count toward this requirement. The offeror is responsible for ensuring that the Contracting Officer (KO) has received a minimum of three (3) questionnaires prior to that date/time or has provided written notification to the KO that they have no past performance to report or current ratings in CCASS. Entities that have no past customers shall notify the KO in writing, prior to the date and time established for the RFP closing, that they have had no previous clients and that the minimum number of questionnaires cannot be provided. It is the contractor’s responsibility to ensure that the reference documentation is provided, as the Government may not make additional requests for past performance information from the references. Do not request past performance questionnaires on projects that have final CCASS evaluations.

If a past performance questionnaire is received on a project where a final CCASS evaluation exists, the CCASS evaluation will serve as the official rating of record for evaluation purposes.

d. The Government may contact references provided as part of Factor 1 – Specialized Experience, for information regarding the Offeror’s past performance on the project and for the purposes of assessing and verifying the scope of the work performed. Offerors should provide accurate, current, and complete contact information for references provided in the project descriptions.

e. The Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other sources not provided by the offeror.

f. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

6.1.1 Joint Venture Submission Requirements. Offerors submitting proposals as a Joint Venture (JV) shall obtain a DUNS number and be registered in the System for Acquisition Management (SAM) as the offering Joint Venture.

The Offeror must provide three (3) to five (5) "recent", "relevant" projects performed by the JV that reflect the JV's ability to perform the work required in this solicitation as required by paragraph 5.1 “Specialized Experience”.

a. If the Offeror cannot provide a sufficient number of projects as the JV to meet the minimum requirement, the Offeror must provide those "recent", "relevant" projects that it has performed as the JV, and then supplement the record with additional "recent", "relevant" projects performed by each JV member in their individual capacities. In such instance, each JV member must satisfy the minimum requirement of three (3) projects, to include any performed as the JV.

b. If the JV has no "recent", "relevant" projects performed by the JV, then each member of the JV must provide three (3) to five (5) "recent", "relevant" projects performed by the JV member that reflect the JV member's ability to perform the work required in this solicitation as required by paragraph 5.1 “Specialized Experience”.

c. In addition to the examples of "Company Specialized Experience" and "Past Performance Surveys", the

Joint Venture shall provide a brief narrative (not to exceed 1 page) stating the roles that each partner of the Joint Venture will perform on this project. The attached "Specialized Experience" and "Past Performance Survey" forms shall be used by the Joint Venture or the JV partners. Explain how the JV is structured.

d. Verification: The Government reserves the right to verify the experience record of cited projects or other recent projects not submitted by reviewing the Past Performance Information Retrieval System (PPIRS, or other Government appraisal systems or to interview owner or references. The Government may check any or all cited references to verify supplied information. An Offeror will be afforded the opportunity to reply to or explain adverse performance information to which the Offeror has not previously had an opportunity to address.

6.2 Evaluation Criteria:

The Government will review all CPARS, ACASS, CCASS evaluations regardless of project and past performance questionnaires for projects submitted under Factor 1. The Government may contact points of contacts listed on the “Experience Information” forms submitted under Factor 1. Offerors must demonstrate the following minimum acceptability standards:

All past or current references must have overall ratings of satisfactory or above.

FAR 15.101-2(b)(1) requires if the KO determines that a small business' past performance is not acceptable, the matter is referred to the SBA for a COC determination.

Failure to demonstrate the minimally acceptable criteria under this factor will result in an “Unacceptable” rating and elimination from further consideration for contract award. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “acceptable”.

7.0 VOLUME 2 – PRICE PROPOSAL

7.1 GENERAL

Submit the Price Proposal (Volume 2) in a separate file labeled “Volume 2 – Price Proposal”.

7.1.1 Submission Requirements:

a. Volume 2, TAB…