Amd 0004_Solicitation W912BV21R0024_ Replace Section L_Update and Add Clauses.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

$50M 8(a) Set Aside Multiple Environmental Government Acquisition (MEGA) Indefinite Delivery Contract (IDC) Multiple Aw ard Task Order Contract (MATOC) for Environmental Consulting Services (ECS) Projects Assigned to the Regional Planning and Environmental Center (RPEC) and as assigned to the Southw estern Division (SWD) in accordance w ith UAI Subpart 5107.102-100 and ER 5-1-10

See Page 2 Summary.

1. CONTRACT ID CODE PAGE OF PAGES

1 33

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

16C. DATE SIGNED

BY 08-Oct-2021

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 W912BV21R0024

X 9B. DATED (SEE ITEM 11)

23-Mar-2021

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 X is extended, 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

08-Oct-2021

CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912BV21R0024

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 13-Oct-2021 03:00 PM to 18-Jan-2022 03:00 PM.

The following have been added by full text:

AMD #0004 - PAGE 2 SUMMARY

$50M 8(a) Set Aside Multiple Environmental Government Acquisition (MEGA) Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Environmental Consulting Services (ECS) Projects Assigned to the Regional Planning and Environmental Center (RPEC) and as assigned to the Southwestern Division (SWD) in accordance with UAI Subpart 5107.102-100 and ER 5-1-10

WARNING - this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a MANDATORY responsiveness item. Those without a NIST score in SPRS will be deemed NON-RESPONSIVE and their bids/offers wil NOT be opened, evaluated or considered for award.

Please NOTE that in accordance with DoDI 5200.48, all documentation and written communications related to the subject contract, to include email, are engineering related and thus by default considered CUI, therefore please mark and safeguard all CUI information as required by statute.

This Amendment is being issued to replace Section L, Instructions, Conditions, and Notices to Offerors; update FAR Clauses 52.204-8 and 52.219-28; and add DFARS Clause 252.223-7999 (Deviation 2021-O0009).

The proposal due date is extended to 18 January 2022, 3:00pm, Central Standard Time. Point of contact for this action is Brenda Anderson, 918-669-7274.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

252.223-7999 (Dev) Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (Deviation 2021-O0009)

OCT 2021

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 541620 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

The following have been deleted:

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEP 2021)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541620.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

The following have been deleted:

52.204-8 Annual Representations and Certifications MAR 2020

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

AMD #0004 INST TO OFFERORS

Section L

Instructions, Conditions and Notices to Contractor

$50M 8(a) Set-aside Multiple Environmental Government Acquisition (MEGA)

Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC)

For Environmental Consulting Services (ECS) Projects

Assigned to the Regional Planning and Environmental Center (RPEC) and As Assigned to the Southwestern Division (SWD) in Accordance with UAI Sub-part 5107.102-100 and ER 5-1-10

Solicitation #W912BV-21-R-0024 Contract #TBD

Amendment #0004 Amendment #0003 Amendment #0002 Amendment #0001

5 October 2021 5 August 2021

3 May 2021 12 April 2021

15 March 2021

INSTRUCTION TO OFFERORS (ITOs)

1.0 GENERAL INFORMATION

1.1. The U.S. Army Corps of Engineers (USACE), Tulsa District, intends to award a $50,000,000 Firm-Fixed-Price (FFP) Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Environmental Consulting Services (ECS) for Projects assigned to the Regional Planning and Environmental Center (RPEC) within the geographic boundaries of the Southwestern Division (SWD) and projects assigned to SWD in accordance with UAI Subpart 5107.102-100 and ER 5-1-10 using a competitive, “best value” trade-off source selection process.

From this solicitation, three (3) Firm-Fixed-Price IDCs as part of a MATOC under the Multiple Environmental Government Acquisition (MEGA) may be awarded to the Offerors submitting proposals determined to be most advantageous to the Government, price, and other factors considered. The intent is to award three (3) Indefinite Delivery Contracts (IDCs); however, if the Source Selection Authority (SSA) determines during the source selection process that more than that number of contracts shall be awarded, the SSA has the discretion of adjusting that number higher, or awarding none at all. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government using trade-off selection procedures as required by the Defense Federal Acquisition Regulations (DFARS). The resulting FFP contracts will be awarded in accordance with FAR Part 15 and applicable supplements, guidance, and instructions. All Technical Evaluation Factors other than cost or price, when combined, are significantly more important than cost or price. It is strongly suggested that the provisions stated in the proposal information be fully studied prior to assembly of the proposal.

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

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation Factors. The Offeror shall submit in their proposal all information specified in this section of the RFP solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

1.3. North American Industry Classification System (NAICS) code and small business size standard. The NAICS code for this acquisition is 541620, Environmental Consulting Services, with a size standard as identified by the U.S.

Small Business Administration of $16.5M.

1.4. If an Offeror believes that any element of the RFP is unclear or inconsistent, the Offeror is encouraged to submit an inquiry to the Bidders Inquiry System identifying their concern. Instruction for the Bidders Inquiry System and the deadline for submission of any inquiries will be provided via the document entitled: Inquiries-Offerors Questions and Comments use of Bidders Inquiry in the RFP.

1.5. If the Contractor believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Contractor shall immediately notify the Contracting Officer or Contract Specialist in writing (email is the preferred method) with supporting rationale. The Contractor is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

1.6. The Contracting Officer (KO) and Contract Specialist are the sole points of contact for this acquisition. Address any questions or concerns you may have, that are not appropriate for Bidders Inquiry, to the Contract Specialist who will then communicate the concerns with the KO. Written concerns shall be sent to the e-mail address below. The Contract Specialist for this acquisition is as follows:

Contract Specialists: Ms. Brenda K. Anderson U.S. Army Corps of Engineers, Tulsa District 2488 E. 81st Street, Suite 1600 Tulsa, OK 74137 Phone: 918-669-7274

E-mail: Brenda.K.Anderson@usace.army.mil

Contracting Officer: Mr. Robert E. “Woody” Reed E-mail: Robert.E.Reed@usace.army.mil

1.7. Debriefings

The KO will notify Offerors excluded from the competitive range or otherwise excluded from the competition before award, if a competitive range is established. Upon such notice, the Offeror may request a debriefing in accordance with FAR 15.505. Offerors may request a pre-award debriefing or delay its debriefing until after award provided such a request is submitted in compliance with FAR 15.505. However, it shall be noted that the Offeror will receive no more than one debriefing for this acquisition.

The Contracting Officer will notify all Offerors in the competitive range, if a competitive range is established, of the source selection decision. Upon such notification, the Offerors may request a post-award debriefing in accordance with FAR 15.506.

1.8. Oral Presentations

As part of the RFP, the Government reserves the right to conduct oral presentations, if necessary.

1.9. Communications

Exchanges of information between the Government and Offerors will be controlled by the KO.

1.10. Cover Letter

Each Offeror shall include a Cover Letter in Volume I that identifies: the name, title telephone number and email address of the company/division point of contact (POC) regarding decisions made with respect to your proposal and who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government with respect to this procurement and provide their names, titles, telephone numbers, and email addresses.

1.11. Proposal Incorporated into Contract Award

The successful Offeror’s proposal, in its entirety, will be deemed incorporated into any resultant contract award and, thereby, part of the contract. This includes the Offeror’s response to clarifications or revisions made to any Volume, including Final Proposal Revisions resulting from discussions, during the evaluation and selection process.

2.0. SPECIFIC INSTRUCTIONS – ORANIZATION/PROPOSAL SUBMISSION/PAGE LIMITS

2.1. This Request for Proposal (RFP) does not commit the Government to any costs incurred in the preparation and submission of a proposal or for any other costs incurred by your firm submitting a proposal in response to this solicitation. Note specifically that the Contractor 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.

2.2. The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one is determined to be necessary, upon completion of the evaluation, and to award a contract to other than the Offeror submitting the lowest priced offer. Offerors are advised that the Government may make award without discussions, clarifications, or any contact concerning the proposals received. Therefore, proposals shall be submitted on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

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

2.4. Each Offeror shall submit a proposal that consists of two Volumes:

Volume I – Technical Proposal

Volume II – Cost/Price Proposal

2.4.1. Volume/Page Labeling and Preparation

Volumes I and II may not be submitted together within the same binding (separate volume submissions are required). Each Volume shall include, as a minimum, the following:

a. Volume number and Volume name on proposal cover (i.e. Volume I – Technical Proposal).

b. Solicitation Number and name of the Acquisition (i.e, $50M 8(a) ECS MEGA MATOC) must be identified on the proposal cover and title pages below the Volume Number.

c b. The Prime or Joint Venture’s name, address, CAGE Code, Volume Number, Solicitation Number, Name of Acquisition and Date of Submission shall appear on the proposal cover page of Volume I and II; the proposal cover page format is at the discretion of the Offeror as long as the information required by this paragraph and subsequent paragraphs are met. In addition to the proposal cover page information, the name, title, email address and telephone number for the individual whose signature appears as the one who can bind the firm and the name(s), title, and email address(es) of the individual(s) who can negotiate for the firm for this proposal shall appear on the title pageCover Letter for Volume I and II.

b. The prime, consortium, or joint venture’s name, address, and a telephone number shall appear in the lower left corner of the proposal cover, title page and table of contents of any document/volume to be evaluated. Signature of the official that can bind the firm shall appear on the title page. Proposal volume cover format is at the Offeror’s discretion so long as the information required by this paragraph and subsequent paragraphs are met.

d. The Offeror’s name and Solicitation Number shall appear in the header of each page, beginning with the first page following the title page.

For native files of documents such as Excel and MS Project, ensure the Offeror’s name and Solicitation Number is identified at the top of the document. (Note: The Attachments L-1 and L-2 will only require the Offeror to insert their name in the appropriate cell.)

e c. A Table of Contents, which provides a cross-reference of the Offeror’s proposal to the applicable sections of the solicitation.

f d.. List of tables/figures.

g e. 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).

h f. The Offeror shall ensure that a complete Volume I and Volume II is submitted, separately, as a .pdf document, each inclusive of all documents for the respective Volume.

Be sure to apply all appropriate markings, as applicable, including those prescribed in accordance with FAR 52.215- 1(e), "Restriction on Disclosure and Use of Data."

2.5. Proposal Submission

HARD COPY PROPOSALS WILL NOT BE PERMITTED.

THE ONLY AUTHORIZED TRANSMISSION METHOD FOR SUBMITTING PROPOSALS IN

RESPONSE TO THIS SOLICITATION IS THROUGH THE DOD SAFE WEBSITE AT:

https://safe.apps.mil. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR

MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

Proposal submissions shall be uploaded to the DOD SAFE website by the identified date and time. In order to submit a proposal, the firm must submit a drop-off request for each transmission to Brenda.K.Anderson@usace.army.mil. Once the drop off request is made, you will receive an email with a link to submit your drop-off. The drop-off request is valid for 14 days, at which time it will expire.

FIRMS ARE STRONGLY ENCOURAGED TO READ THE DOD SAFE WEBSITE INSTRUCTIONS AND

FAQS AND TO SUBMIT THEIR DROP OFF REQUEST AT LEAST 10 DAYS IN ADVANCE OF THE

SUBMITTAL DUE DATE.

2.5.1 Electronic File Submission Organization:

Offerors shall submit their proposals in response to this RFP via DOD SAFE in ONE (1) transmission two (2) separate transmissions to the identified USACE receivers in paragraph 2.5.2 below. The Offeror shall ensure the transmission consists of the following documents:

a. The first transmission will consist of all electronic files relating to Volume 1 – Technical Proposal. Offerors shall ensure their company name is within the file name of each document transmitted. The Offeror shall ensure a .pdf of the Volume I and an MS Project (.mpp) file of the Example Project schedule are submitted. Both pdf and native file versions of documents shall be submitted (i.e., Word, MS Project, etc.).

b. The second transmission will consist of all electronic files relating to Volume 2 – Cost/Price. Offerors shall ensure their company name is within the file name of each document transmitted. The Offeror shall ensure a .pdf of the Volume II and the Excel version of the Attachment L-2 and Section B are submitted. Both pdf and native file versions of documents shall be submitted (i.e., Word, Excel, etc.)

All of the proposal files may be compressed (zipped) into one file entitled proposal zip using the latest version of WinZip or 7-Zip, or as separate uploads. The USACE utilizes Microsoft Office 2013. Ensure files are compatible and viewable in Microsoft Office 2013, or later, format. Self-extracting exe files are not acceptable.

*NOTE: In accordance with FAR Subpart 4.8, "Government Contract Files," the Government will retain one copy of all unsuccessful proposals.

2.5.2 DOD SAFE Website and Submission Receiver Information:

DOD SAFE site at: https://safe.apps.mil

Email addresses to enter as ‘Receivers’ in DOD SAFE:

Brenda.K.Anderson@usace.army.mil and Robert.E.Reed@usace.army.mil

2.5.3 Proposal Submission Date/Time:

Proposals shall be received not later than 1500 hours (3:00 p.m.) Central Standard Daylight Time on 13 October 2021 18 January 2022.

(NOTE: Offerors are cautioned to allow sufficient time for their proposals’ files to upload, transmit and time stamp by DOD SAFE. Therefore, waiting until the last minute to attempt transmission of your proposal could result in your proposal being deemed late due to the website’s slow performance, etc.)

2.5.4. Receipt of Proposal

For the purposes of establishing whether a proposal is considered late, the Government considers (the earlier of) the date and time of receipt of the DOD SAFE website email notification of the last proposal submission to the Contract Specialist and Contracting Officer, NOT the date and time of uploading of the proposal into the DOD SAFE website as the time of proposal submission.

For proposals larger than the 8GB capacity of the DOD SAFE website and require multiple submissions, the Government will consider the date and time of receipt of the email notification to the Contract Specialist and Contracting Officer.

Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. Per Federal Acquisition Regulation (FAR) 15.208 any proposal, modification, or revision, thereof that is received after the exact time specified for receipt of proposals is “late” and will not be considered.

The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

2.6. Page Format Restrictions and Limitations

2.6.1. Page Limitations

Page limitations shall include typewritten text pages, charts, graphs, diagrams, schematics, etc., aside from those items specifically stated as exempt from the page count. Outlines and other similar information documents shall be included as numbered pages - no exceptions. The total number of pages for the Volume I submittal shall not exceed fifty (50) pages. Compliance with page count limits shall be verified via the pdf version of the Volume I submission. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal. Page limitations remain in effect when revisions are made in response to Evaluation Notices (ENs), if issued.

2.6.2. Pages Counted

Each page shall be counted except the following: cover pages, executive summary, table of contents, title page, list of tables/figures/acronyms, list of appendices, glossaries, separator tabs, dividers, blank pages, Past Performance

Questionnaires, Resumes, Example Project’s Schedule, Contractor Teaming Agreements and Volume II in its entirety.

NOTE: Proposals that exceed fifty (50) pages will have only those pages that are within the page count limits evaluated. All information appearing thereafter will not be evaluated.

2.6.3. Page Size

Unless otherwise stated, a “page” is defined as being one (1) 8.5” x 11” sheet of paper. Pages shall be typewritten except for the reproduced sections of the solicitation document and the font size shall be no less than 10 point and fully legible. A smaller font size (minimum of 8 point and fully legible) may be used on charts, graphs, figures, diagrams, and schematics to accommodate a “make to fit” software capability; however, all text shall be legible and easily read by a reasonable person. Margins on all four edges of each sheet will be at least one inch (margins for figures, maps and schedules may be reduced to no less than ½-inch). Proprietary statements, security markings, and page numbers can fall within the defined margin area. Pages shall be numbered sequentially by volume. These page format restrictions shall apply to responses to EN responses (if required), as well as to the initial proposal.

2.6.4. Indexing

Each Volume shall contain a more detailed table of contents to delineate the subparagraphs within that Volume. Tab indexing shall be used to identify sections.

2.6.5. Larger Pages

Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed 11” x 17” in size. Each page up to and including 11” x 17” will count as one (1) page. For tables, charts, graphs and figures, the font shall be no smaller than 8 point and fully legible, with the font style utilized being the Offeror’s choice; however, all text shall be legible and easily read by a reasonable person. All information (except documentation identification, solicitation number, and page numbers) shall be contained within an image area of the previously stated margins.

2.7. Proposal Format

The Offeror’s proposal shall be assembled (electronically) in the format shown below in Table 1 below.

ASSEMBLY INSTRUCTIONS

TABLE 1

PROPOSAL FORMAT

Volume Tab Title Maximum # of Pages

I

VOLUME I – TECHNICAL PROPOSAL

NA Cover Letter

50-page count total limit (cover letter/executive summary and PPQs excluded from page count)

1 Factor 1 – Past Performance

2 Factor 2 – Management Approach and Key Personnel

Factor 3 – Example Project Technical Approach (including Attachment L-1, Milestone Payment Schedule without Cost)

Contractor Teaming Agreements (excluded from page count)

II

VOLUME II – COST/PRICE PROPOSAL

Factor 4 – Section B Pricing Schedule (Tables 1 and 2, Annual Escalation Rates Table, and Markup Rates Table)

No Limit

Factor 5 – Example Project Cost/Price Proposal (including Attachment L-2, Milestone Payment Schedule with Cost and Supplemental Pricing Information)

SF 33 - Solicitation, Offer, and Award (Section A) and Amendments (if applicable)

DFARS 252.209-7999,

Representation by Corporation Certificate

3.0. VOLUME I, TECHNICAL PROPOSAL

3.1. Cover Letter/Executive Summary

Volume I of the proposal shall include a Cover Letter/Executive Summary which shall include the information identified in Section 1.10 as well as an Introduction to the proposal’s team. The Cover Letter/Executive Summary shall not exceed two (2) pages in length and will be excluded from the fifty (50) page limitation.

Proposals submitted in response to this solicitation shall consist of the contents required in the sub-paragraphs described below:

3.2. Tab 1, Volume I, Factor 1 – Past Performance

The past performance evaluation considers an offeror's demonstrated recent and relevant record of performance in supplying products and services required by this RFP. In accordance with FAR 15.305(a)(2), the currency and relevance of the information, source of the information, context of the data, and general trends in contractor's performance shall be considered. Relevance and quality of performance will be combined to establish one past performance rating for each Offeror

3.2.1. Required Relevancy of Past Experience Projects, Tab 1a The Offeror shall submit no more or less than up to eight (8) projects to demonstrate the organization's/team’s Past Experience, ensuring each project meets the relevance requirements to the Section C SOW of this RFP as well as the definition of a ‘project’ below. Projects not meeting the definition of a ‘project’ will not be considered in the evaluation of this Factor.; if in doing so results in the Offeror not meeting the required number of Past Experience Projects, a Deficiency will be assigned.

3.2.1.1. Past Experience Project Submission Criteria

Criteria for the Offeror’s Factor 1:

a. Submit no more or less than up to eight (8) projects to demonstrate the organization’s/team’s relevant past work experience and subsequent performance;

b. At least two (2) of the eight (8) submitted projects must each have a value of at least $1M;

c. At least four (4) of the eight (8) submitted projects must be performed by the Offeror as the Prime (reference definition below);

b d. Ensure submitted projects are relevant to the work requirements noted in Section C of this RFP individually or in combination thereof;

c e. Ensure each submitted project meets the definition of a ‘project’, as defined below; AND d f. Submitted projects shall be 100% completed, or at least 75% physically completed, not amount invoiced, within the last 5 years prior to the proposal due date. 75% physically completed means at least 75% of the contractual requirements have been accomplished.

*NOTE: If an Offeror’s two (2) projects of at least $1M (criteria b, above) are performed by the Offeror as the Prime, those two (2) projects can also count toward meeting at least four (4) projects being performed by the Offeror as the Prime (criteria c above).

3.2.1.2. Definitions

a) An Offeror is defined as:

For the purpose of past experience and past performance evaluation, an ‘Offeror’ shall be defined as business arrangements and relationships, such as: a) Joint Venture participants; and b) teaming partners and major subcontractors with which formalized Teaming Agreements exist with the Prime submitting the proposal and are provided with the proposal. The past experience and past performance record of each firm meeting the definition in the business arrangement may be evaluated by the Government.

b) Prime is defined as:

For the purpose of past experience and past performance evaluation, a ‘Prime’ shall be defined as the Firm or any of the Firms making up a Joint Venture (JV) submitting a proposal in response to this solicitation.

c) A Project is defined as:

In order to be deemed a ‘project’, it must meet one, and only one, of the following:

a. 1 single Task Order against an IDC (a “D” contract) covering work performed at one single site;

b. 1 single Task Order against an IDC (a “D” contract) covering work at multiple sites within one single installation or facility;

c. 1 single “C” type contract (not a “D” contract) covering work performed at one single site (the following also will qualify as a non-‘D’-type: a Cooperative Agreement or Grant; single BPA/BOA Call; single order against a GSA Schedule; or Purchase Order);

d. 1 single “C” type contract (not a “D” contract) covering work performed at multiple sites within one single installation or facility (the following also will qualify as a non-‘D’-type: a Cooperative Agreement or Grant; single BPA/BOA Call; single order against a GSA Schedule; or Purchase Order);

e. 1 single Task Order against an IDC (a “D” contract) covering work performed at multiple but separate installations, meaning the installations are in different cities, states, etc.; OR

f. 1 single “C” type contract (not a “D” contract) covering work performed at multiple but separate installations, meaning the installations are in different cities, states, etc. (the following also will qualify as a non-‘D’-type: a Cooperative Agreement or Grant; single BPA/BOA Call; single order against a GSA Schedule; or Purchase Order)

3.2.1.3. Past Performance Project Relevancy Template

Below is a sample template for past experience example project…