W912BV21R0045-HubZone MATOC Solicitation Phase 1 02JUL21.pdf

RFP NO: W912BV21R0045

US Army Corps of Engineers Tulsa District

HUBZONE SMALL BUSINESS DESIGN BUILD INDEFINITE

DELIVERY/ INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD

CONTRACT (MATOC) FOR DESIGN-BUILD OR DESIGN-BID-

BUILD CONSTRUCTION SERVICES IN SUPPORT OF

VARIOUS MILITARY AND CIVIL WORKS PROJECTS WITHIN

THE SOUTHWESTERN DIVISION (SWD), TULSA DISTRICT

BOUNDARIES OF THE U.S. ARMY CORPS OF ENGINEERS

REQUEST FOR PROPOSAL - SOLICITATION

29 JUNE 2021

MULTIPLE AWARD TASK ORDER (MATOC) FOR CONSTRUCTION SERVICES FOR EITHER CIVIL AND/OR MILITARY PROJECTS WITHIN THE SOUTHWESTERN DIVISION (SWD) AND/OR TULSA DISTRICT (SWT) BOUNDARIES OF THE UNITED STATES ARMY CORPS OF ENGINEERS (USACE). THIS CONTRACT IS PRIMARILY FOR TULSA DISTRICT CUSTOMERS MILITARY INSTALLATIONS IN OKLAHOMA AND NORTH

TEXAS, AND USACE DAMS AND RECREATION AREAS.

THIS SOLICITATION IS 100% SET-ASIDE FOR HUBZONE SMALL BUSINESSES.

THIS IS PHASE 1 OF A 2 PHASE SOLICITATION PROCESS. THE RESULTING MATOC WILL HAVE UP TO FIVE (5) MATOC HOLDERS WITH A TOTAL COMBINED CONTRACT VALUE OF $49M. THE MATOC CONTRACT BASE PERIOD WILL BE THREE (3) YEARS WITH TWO(2), ONE(1)

YEAR OPTION PERIODS. TASK ORDER ESTIMATED LIMIT IS $15 MILLION.

THE NAICS CODE FOR THIS PROJECT IS 236220.

A SITE VISIT / PRE-PROPOSAL CONFERENCE WILL NOT BE HELD FOR PHASE 1.

BRIAN WELCH 450.869.2617

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

02-Jul-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Aug 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

918-669-7436FAX:TEL: TEL: FAX:

W912BV21R0045 76

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FY22 HubZone Basic MATOC

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SCOPE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 22 00 PHASE 1 OF 2 DESIGN BUILD SELECTION PROCEDURES

00 22 20 Phase 2 of 2 Design Build Selection Procedures AND BASIS

OF AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 46 WAGE DETERMINATIONS *

00 90 00 DESCRIPTION, SPECIFICATIONS AND WORK STATEMENT

DIVISION 01 - GENERAL REQUIREMENTS

01 01 02 WORK PLAN REQUIREMENTS

01 11 00 SUMMARY OF WORK (DB PROJECTS) *

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 30 01 ADDITIONAL ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE *

01 33 00.15 DIGITAL SUBMITTAL PROCEDURES AND CORRESPONDENCE (DB)

01 33 16.00 10 DESIGN AFTER AWARD (DB PROJECTS) **

01 35 26.00 10 GOVERNMENTAL SAFETY REQUIREMENTS *

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 16 QUALITY CONTROL (DB)

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS 3.0 CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS *

01 58 00 BULLETIN BOARD, PROJECT SIGN, AND SAFETY SIGN

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT *

01 78 00.00 15 CLOSEOUT SUBMITTALS

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

* - To be provided separately for each Task Order ** - If this Section is replaced in the Task Order RFP, then the Task Order version will govern

FY22 HubZone Basic MATOC HUBZONE

DOCUMENT 00 10 00

SCOPE

02/11

PART 1 GENERAL

1.1 SUMMARY

CLIN NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE EXTENSION

0001 Design and Construction 1 1 TBD

2 Phase HubZone MATOC FFP

This contract is intended for construction services for a wide variety of new construction, maintenance, repair, alteration and minor construction type tasks, including asbestos and lead-based paint abatement and other environmental remediation, for military , Interagency and International Services, and civil works projects. The tasks include, but are not limited to, planning, design, total facility renovation, new construction, repairs and alterations, preventative maintenance, installation/construction of HVAC, plumbing, electrical, elevators, building envelope, fire protection, and antiterrorism/force protection, environmental abatement, and operations activities. This contract is intended to execute new construction or construciton of real and personal property facilities, e.g., maintenance, repair, asbestos, and lead-based paint abatement, and major and minor construction situations relating to, but not limited to, architectural, civil, mechanical, plumbing, structural, electrical, heating, ventilation and air conditioning (HVAC), instrumentation and ATFP. Services may be performed under Design-Build or Design-Bid-Build task orders. This contract encompass work in other states covered by the geographic region included in the SWD boundaries and other SWD customers.

Contracts will be awarded to upto five (5) contractors and shall be in effect for a three (3) year base period with two (2), one (1) year option periods. Construction services will be provided by the successful offeror on a task order basis. Task Orders will be firm fixed-price. The sum of all task orders shall not exceed $49,000,000.00 million for the five (5) year period.

DELIVERY INFORMATION (TASK ORDER DEPENDENT)

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

0001 N/A N/A N/A CAGE N/A

PART 2 MATERIALS

2.1 Materials

Not Used

DOCUMENT 00 10 00 Page 1

FY22 HubZone Basic MATOC HUBZONE

PART 3 EXECUTION

Not Used

-- End of Document --

DOCUMENT 00 10 00 Page 2

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

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.1. GENERAL DESCRIPTION OF WORK

This is a competitive two-phase solicitation set asided for a HUBZone Small Business firms for a firm-fixed price Multiple Award Task Order Contract (MATOC) to be awarded under the Best Value Continuim using the Trade-Off process in accordance with FAR 15.101-1 for use within the Southwestern Division (SWD) and/or the Tulsa District (SWT) boundaries of the United States Army Corps of Engineers (USACE) to be used for either civil and/or military construction projects. The primary area(s) of performance within the Tulsa District boundaries for this MATOC contract are military installations in Oklahoma and north Texas, and USACE dams and recreation areas.

Specific area(s) of performance will be identified at the time of individual task order award(s). The Government will evaluate proposals in accordance with the criteria described herein and award up to 5 contract holders with a total contract value of $49,500,000. Task orders under this MATOC will be competed amongst the firms included in the MATOC pool. Construction projects associated with the proposed MATOC will be both designed bid build projects (DBB) and design build (DB) for evaluation.

1.2. GOVERNMENT SECURITY REQUIREMENTS

The offeror(s) must ensure that ALL mail sent to the Tulsa District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the U.S. Army Corps of Engineers mail room facility located at 2488 E. 81st Street, Tulsa, OK 74137-4290, if it does not contain a return mailing address. There will be no exceptions.

USACE Tulsa District Point of Contact is Mr Brian Welch:

Phone: 405-869-2617 Email: Brian.Welch@usace.army.mil

1.3. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and any amendments will be provided electronically to the contractor under Contracting Opportunities within SAM.gov.

Solicitation Number: W912BV21R0045

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

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

1.4. OFFEROR'S QUESTIONS AND COMMENTS

All contractual matters, questions and or comments relative to these documents should be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet/binKornHome/index.cfm?strKornCob=HomePagePublic no later than 7 calendar days prior to the proposal due date, in order that they may be given consideration or actions taken prior to receipt of offers.

The bidder inquiry key for this project is QAP3NG-KWUCVE.

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

1.5. SMALL BUSINESS SIZE STANDARD/NAICS CODE

The NAICS Code selected for this project is 236220, Commercial and Institutional Building Construction, and the size standard is $39,500,000.00. Also see FAR 52.204-8.

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. SITE VISIT

The government intends to hold a pre-proposal conference for Phase 2 of the solicitation. The date, location, and time will be announced by amendment to the solicitation. All interested offeror’s are highly encouraged to attend in person or call into the number provided below:

TBD

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

1.8. ACCURACY IN PROPOSALS

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

1.9. PROPOSAL SUBMITTAL

1.9.1. The submittal method for proposals is electronic via DoD SAFE or email ONLY (no mailed proposals).

DoD SAFE web site: https://safe.apps.mil/

The following email addresses must be entered for notification of proposal receipt and download availability:

Brian.Welch@usace.army.mil Rudolfo.Morales@usace.army.mil

1.9.2. Proposals will be received until the date and time and specified in this Request for Proposal. Mail all bonds to:

U.S. Army Corps of Engineers, Tulsa District ATTN: CESWT-CT-E (Mr. Welch) 2488 E. 81st Street Tulsa, OK 74137-4290

1.9.3. The packaging shall be marked Solicitation Number: W912BV-21-R-0045.

1.10. PROPOSALS

Offer Closing Date: 5 August 2021 Offer Closing Time: 2:00 pm Central Standard Time (CST)

See Section 00 22 00 for Phase 1 proposal requirements and Section 00 22 20 for Phase 2 proposal requirements.

1.11. JOINT VENTURE PROPOSAL REQUIREMENTS

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

1.12. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions to the terms and conditions of the solicitation 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 the 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. 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.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.216-27 Single or Multiple Awards OCT 1995 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-12 Contract Termination-Debarment MAY 2014 52.236-28 Preparation of Proposals--Construction OCT 1997 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7012 Requirements for Submission of Proposals via Electronic Media.

JAN 2018

252.236-7006 Cost Limitation JAN 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Priced contract resulting from this solicitation.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(End of provision)

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (JAN 2021)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Free Trade Agreement country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American restrictions are waived for designated country construction materials.

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate ``none'']

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) * Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers - Tulsa District

Attention: Rudolfo J. Morales Jr.

2488 E. 81st Street Tulsa, OK 74137-4290

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

(End of provision)

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

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

https://www.acquisition.gov/browse/index/far

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

To be determined.

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

SECTION 00 22 00

PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW OF PHASE 1 AND PHASE 2 SELECTION PROCEDURES

1.1 Phase 1. The first phase consists of a process known in commercial design-build (DB) as the “Request for Qualifications” or the acronym: “RFQ”. This solicitation refers to it as “Phase 1”. In Phase 1 of the 2-phase selection procedure, interested firms or joint venture entities (referred to as “Offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute design-build construction and design-bid-build construction contracts resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will select no more than eight (8) of the highest rated Phase 1 Offerors to compete for the MATOC contracts in Phase 2.

1.2 Phase 2. In Phase 2, the selected Offerors will submit proposals in accordance with the Section 00 22 20 PHASE

2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF AWARD.

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

1.4 Proposal Submissions and the Trade-Off Process. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest-priced proposal. Offerors submit their performance and capability information for review and consideration by the Government. For those Offerors selected to complete during Phase 2, relative importance among technical factors are provided in Section 00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF AWARD. The Source Selection Evaluation Board (SSEB) reviews, evaluates, and rates the proposals against the source selection criteria in the RFP. A competitive range consisting of the most highly qualified technical Offerors will be established prior to discussion (if held). The SSEB will review, evaluate and rate the initial task order project technical proposals against the source selection criteria in the RFP for those Offerors included in the competitive range. Concurrently, the Government analyzes price proposals of Offerors utilizing the initial task order project cost proposal. Price will not be rated, but will be a factor in making the final best-value determination for award. The Source Selection Authority (SSA) compares proposals to one another and determines the best value for the government. The perceived benefits of the higher priced proposal must merit the additional cost, and the rationale for tradeoffs must be documented.

1.5 Initial Task Order Project. Those Offerors selected to compete during Phase 2 of the solicitation shall submit Technical and Cost (Price) proposals for the initial task order as part of Phase 2 Proposal submittals. See Section 00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF AWARD. The scope of work for an initial task order project will be provided to Phase 2 Offerors in Section 01 10 00 TASK ORDER STATEMENT OF WORK. The initial task order project cost proposal will be used to evaluate price for the basic MATOC contracts. The best value initial task order may be awarded to one of the most highly-rated contractors on the MATOC pool if it is in the best interest of the Government.

1.6 Task Orders. Fixed-price task orders shall normally be issued bilaterally against this MATOC. Individual task orders will be competed among the contracts awarded under this MATOC pursuant to FAR 16.505. Generally, award will be made to the contractor that provides the best value to the Government, unless otherwise indicated.

Source Selection decisions will not be subject to the Disputes Clause of this MATOC (FAR 52.233-1 or its Alternate).

1.7 Performance of Work. If the Contractor is awarded a contract, the contractor shall perform work in accordance with Section 00 90 00 DESCRIPTION/SPECS/WORK STATEMENT, with the Scope of Work provided with each Task Order (Section 01 10 00 TASK ORDER STATEMENT OF WORK), and with strict accordance with the terms and conditions specified within the RFP and each Task Order.

2.0 GENERAL INSTRUCTIONS

2.1 Who May Submit: Any legally organized HubZone firm may submit a proposal. The size standard for this solicitation is as shown in Section 00 45 00 REPRESENTATIONS AND CERTIFICATIONS.

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

NOTICES TO OFFERORS.

2.2.1 Pro Forma Requirements to be provided for Phase 1: This information should be submitted as a separate .pdf file named “Pro Forma Requirements”. This information consists of the following:

2.2.1.1 The Offeror shall submit a cover letter containing:

1. Solicitation number.

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

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

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

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

6. Commercial and Government Entity (CAGE) Codes for the Offeror, and all teaming partners who participated in the Factor 1: Specialized Experience.

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

2.2.1.3 The completed Section 00 45 00 of the RFP (Representations and Certifications), and printed entity record from System for Award Management (SAM).

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

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

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

2.3 Submission Deadline. Proposals shall be received by the Tulsa District no later than the time and date specified in Block 10 of Standard Form 1442 via DoD SAFE or email ONLY (no mailed proposals). DoD SAFE web site: https://safe.apps.mil/.

The following email addresses must be entered for notification of proposal receipt and download availability, or for direct email:

Brian.Welch@usace.army.mil Rudolfo.Morales@usace.army.mil

2.4 GENERAL SUBMISSION REQUIREMENTS

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

https://safe.apps.mil/ mailto:Brian.Welch@usace.army.mil mailto:Rudolfo.Morales@usace.army.mil

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

2.4.2 Tabs. Proposal shall be organized and tabbed as shown in paragraph 3.0, “Phase I Proposal

Submittal Summary”.

2.4.3 Size of Printed Matter Submissions. Proposal materials shall be submitted via DoD SAFE website https://safe.apps.mil/, or via email, containing the proposal in PDF file format using Adobe Acrobat software. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use alternative paper sizes (e.g., 11” x 14” or 11” x 17” sheets) unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers. Phase 1 proposals shall not exceed 37 single-sided pages, excluding the cover sheet and Table of Contents. A page is defined as text or information on one side of the paper. Factor 2 – Past Performance will not be counted towards this page limitation, nor will the resumes submitted for key personnel, nor the letters of commitment for individuals or teaming subcontractors. The Government will not evaluate any information beyond the total page limitation noted above and in the individual Factor limitations noted in the paragraphs below. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal.

Offers that do not meet these requirements may be subject to rejection.

2.4.4 The proposals shall contain a detailed Table of Contents.

2.4.4.1 Proposals shall contain the entire proposal in .pdf format using Adobe Acrobat software to print to a .pdf file; do NOT scan the document(s) into a .pdf file. The text portion of the complete proposal shall be contained as a single .pdf file, and the “find” function must be usable. The technical proposal will be appropriately organized using the tabs specified in the chart below. The Pro Forma requirements shall be submitted as a separate file as required by paragraph 2.2. above.

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

2.4.4.3 Sections of the proposal shall be bookmarked (linked to the index) as detailed in this section.

The SF 1442 may be scanned and shall be *Optical Character Recognition (OCR) compatible. All text must be legible and easily read. Submit the SF 1442, completed and signed by a person authorized by the Offeror. A page is defined as text or information on one side of the paper.

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

2.4.4.4 Each volume of the proposal shall be identified by the solicitation number (W912BV21R0045), project title (Small Business HubZone MATOC, SWD, Tulsa District), name, address, and telephone number of the Offeror, and the following on the volume in bold letters.

Proposal revisions shall be submitted as whole page replacements with revised text readily identifiable, e.g., bold face print or underlining. The reason for the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision. A revised copy of the entire proposal in .pdf format shall be provided.

2.4.5 “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”.

3.0 PHASE 1 PROPOSAL SUBMITTAL SUMMARY

The Phase 1 proposal shall be tabbed and submitted in the following format. Submission Requirements and Evaluation Criteria for each Tab are included in the following paragraphs. All information shall be provided within these tabbed sections and shall not be included as an appendix or attachment. Cost information will limited to Bonding Capacity as part of the Phase I submittal.

Location Factor/ Description Relative

Importance

TAB A N/A SF 1442

Proposal Data Sheet

Not Rated

TAB B Factor 1 Specialized Experience 1st

TAB C Factor 2 Past Performance 4th

TAB D Factor 3 Design Support 3rd(slightly less important than Factor 4)

TAB E Factor 4 Management Effectiveness 2nd (slightly less important than Factor 1)

TAB F N/A Financial Capacity Go/No Go

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.1 SUBMISSION REQUIREMENTS:

4.1.1 Submit the SF 1442, completed and signed by a person authorized by the Offeror.

4.1.2 Submit a completed Proposal Data Sheet. See the form (Attachment 1) at the end of this section.

4.2 EVALUATION CRITERIA

Above submission items are not rated.

5.0 TAB B – FACTOR 1 - SPECIALIZED EXPERIENCE

Offerors will be evaluated on their experience in two areas: experience with task-order-type contracts and experience in various types of construction-related work, including new construction, alterations, renovations and repairs, for both design-build and design-bid-build. The following list is indicative of the variety of work that may be performed by task orders under this contract:

• SAFETY - Life safety upgrades, inflammatory gases and substances, industrial safety, industrial hygiene, fire protection, airfield pavements, confined-space entry, radioactive and laser operations, hazardous materials, protection of work sites and property, and protection of workers.

• CIVIL - Ability to provide minor civil work in support of renovation and/or new construction of buildings such as grading, excavation, site work, road work and paving, and site utilities. The contract scope allows for use of this contract to support the Tulsa District Civil Works mission, however, experience with large scale horizonal construction or hydraulic steel structures will not be part of the evaluation criteria.

• ARCHITECTURAL – Ability to provide architectural repairs and/or modifications.

• ENVIRONMENTAL - Removal and disposal of asbestos, lead-based paint, underground storage tanks, lighting ballast, transformers and other hazardous materials.

• STRUCTURAL – Ability to provide structural engineering and construction necessary for the renovation and/or new construction of buildings.

• INSTRUMENTATION - Instrumentation for energy monitoring and control systems, direct digital control and fire protection.

• COMMUNICATION SYSTEMS - Conventional communication systems and fiber optics.

• SECURITY - Facility security systems; anti-terrorism/force protection measures.

• ELECTRICAL - Ability to provide electrical engineering, replacement, repairs and/or modifications to existing facilities and/or in new construction.

• MECHANICAL – Ability to provide mechanical engineering and construction for replacement, repairs, and/or modifications to facility heating, ventilating, and air-conditioning (HVAC), and plumbing systems and/or new construction of those systems.

5.1 OFFEROR’S SUBMISSION REQUIREMENTS

5.1.1 The Contractor shall demonstrate recent, relevant experience on similar…