SDVOSB_MATOC_package_Phase_1.pdf

W912DQ-16-R-4014

US Army Corps of Engineers Kansas City District Building Strong

FY16 Kansas City District Multiple Award Task Order Contract (MATOC)

Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

Phase I

Request for Proposals

Solicitation and Specifications

April 2016

This is Phase 1 of the 2 Phase Best Value Tradeoff solicitation for a Multiple Aw ard Task Order Contract (MATOC).

This is a 100% Set-Aside for Service Disabled Veteran-Ow ned Small Businesses (SDVOSB).

The purpose of this MATOC is to provide design-build and design-bid-build construction services for a broad range of military renovation and construction w ork. The Government w ill only accept proposals from SDVOSBs. The North American Classif ication System (NAICS) Code for this project is 236220 and the Small Business size standard for this project is $36.5 Million. The total value of all task orders aw arded under this MATOC to all selected contractors w ill not exceed $95,000,000.00. Base contracts w ill be aw arded w ith a 3 year ordering period w ith no options. Reference Block 11 below : Although zero (0) calendar days are indicated, the completion days w ill be determined on a task order basis. Reference Block 12A. Performance and Payment bonds w ill be required w ith the aw ard of individual task orders.

DOMINIQUE C HOWARD 816-389-3812

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

12-Apr-2016

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______0 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________12 May 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 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

USACE, KANSAS CITY +

FEDERAL BUILDING CT-M, RM 647 601 EAST 12TH S

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-2029/2030FAX:TEL: 816-389-3824 TEL: FAX:

W912DQ-16-R-4014 142

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 11 00 - Solicitation/Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SDVOSB MATOC- Base

FFP

The Contractor shall provide all Manpower, Equipment, Materials, and Facilities to perform Design-Build and Design-Bid-Build Construction work and services as prescribed by the Scope of Work issued per each Task Order awarded under this Multiple Award Task Order Contract (MATOC) for the Kansas City District. The minimum guarantee on this contract is $2,500.00. The total value of all task orders awarded under this MATOC to all selected contractors will not exceed $95,000,000.00. Base contract will be awarded with a 3 year ordering period with no options.

FOB: Destination

NET AMT

SCOPE OF WORK

FY16 SDVOSB MULTIPLE AWARD TASK ORDER CONTRACT

The scope of this request for proposal (RFP) includes work required for design-bid-build (DBB) and/or design-build (DB) construction projects located within the Kansas City District. The work shall be in accordance with Request for Proposal documents issued within the solicitation. This contract is a SDVOSB Set-Aside.

General Description of Work:

The purpose of this MATOC is to provide design-bid build and design-build construction services for a broad range of military construction and renovation work for sustainability, renovation, and modernization within the geographic boundaries of the Kansas City District, but may be used to support other similar projects within the Northwestern Division (NWD) of the U.S. Army Corps of Engineers (USACE). As requirements develop, Requests for Proposals (RFPs) for projects will be issued under individual Task Orders.

Task Orders will include primarily Military Construction (MILCON), or Operations and Maintenance (O&M);

however, projects under the support for others program may also be executed under this contract. Task Orders will be negotiated to obtain a fair and reasonable price. Individual Task Orders could range from $2,000 to $15,000,000. The construction base contracts will be awarded with a 3 year ordering period consisting of a 3 year base period, with no options. The total value of all task orders awarded under this MATOC to all selected contractors will not exceed $95,000,000.

Facilities may include industrial, distribution, manufacturing, office, retail, recreational, healthcare, residential, and commercial use. Representative work will be construction of new facilities or might include general interior finish upgrades and space reconfiguration, electrical service improvements, roofing materials replacement, mechanical systems repair, storm drainage structure repair, plumbing repairs and improvements.

Ordering Procedures for Task Orders:

1) ORDERING: To clarify the contract clause 52.216-18 “Ordering” the following shall apply:

a. Proposals for each task order shall be requested in writing. Letter requests for proposal will be issued by the Contracting Officer. Oral or telecommunication requests will be issued only by the Contracting Officer. (See also "Emergency Issuance of Task Orders" in this contract section). Any type of request for proposal shall not be interpreted as a Notice to Proceed with the work.

b. The Government request for proposal will delineate (1) general scope work; (2) location of work; (3) character and extent of services; (4) technical requirements which supplement or complement those contained in Division 01 – General Requirements of this basic contract; and (5) time period(s) within which the work must be performed.

c. The contractor shall prepare a firm fixed price to perform the work and submit his/her proposal in writing to the person and within the time specified in each request for proposal. Verbal proposal, when so requested and authorized, shall be directed only to the Contracting Officer or his authorized representative(s).

d. Time periods within which required work must be accomplished will be defined in each task order placed against the basic contract. Each task order will contain the agreed to scope of work, project to be performed, specific deliverable items, and the final negotiated fixed price for performing the work.

e. Emergency Issuance of Task Orders: For certain restricted types of work requiring expedited and immediate field support, only the Contracting Officer or an authorized representative(s) may telephonically convey the scope of work and negotiate time and cost. Only the Contracting Officer may then issue a verbal order to proceed with the work.

f. All Task Orders to be awarded under this MATOC will be competed in accordance with (IAW) FAR 16.505(b)(1), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. IAW FAR 16.505(b)(1) and DFARS 216.505-70 Task Order selection will be tailored to specific project requirements and awarded IAW pre-established evaluation criteria.

Evaluation criteria will consist of, but may not be limited to the following criteria:

1. Company Experience

2. Key Personnel

3. Past Performance

4. Management Plan

5. Cost/Price

2) UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL: The contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his authority as defined.

3) NOTICE TO PROCEED: The contractor shall commence work upon receipt of a properly executed task order or modification to a task order and complete the work within the time specified in each task order or modification to each task order.

4) PERIOD OF SERVICE: The contract ordering period shall begin upon the date of contract award and shall, unless terminated sooner in accordance with the termination contract clause continue for a period specified.

5) OBLIGATION BY THE GOVERNMENT: The Government is not obligated to fund the maximum cumulative dollar amount of this contract. The guaranteed minimum quantity of work which will be required under this contract, and which will be initiated by a task order.

6) DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR): Designation will be made upon award of each task order and a copy of the designation letters will be furnished to the contractor. Limits of authority are described in each designation letter.

7) DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR: The contractor shall assign a member or employee who will act as project manager during the course of this contract or during the course of a task order. This official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

8) RELEASE OF INFORMATION: The contractor shall not, unless authorized in writing by the Contracting Officer, release or provide any information or interpretation concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations.

9) BUY AMERICAN ACT: Where the contractor has specified an item by brand name or equal he shall verify that it meets the requirements of the "Buy American Act." Construction materials which are not domestic as defined by the Buy American Act and FAR 25.201 may not be incorporated in the project, and therefore may not be specified, unless an exception is obtained pursuant to FAR 25.202. Such an exception must be obtained before a non-domestic construction material may be specified. A foreign construction material should not be cited in a brand name or equal specification, even as an example of a product which would meet the specification, unless an exception has been obtained.

10) OPTION(S) WITHIN TASK ORDERS AND/OR MODIFICATIONS: The Government may require performance of additional work, identified as an option item in individual task orders or modifications to task orders, at the price stated. The Contracting Officer may exercise the option by written notice to the Contractor prior to execution of final payment on each appropriate task order.

11) GENERAL WAGE DECISION: Applicable Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order.

12) AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18): The Government may request proposals for Task Orders for which funding is not currently available for the award. If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If after the Government receives a contractor’s proposal and funds are not available the Government may request an extension of the contractor’s proposal acceptance period without further competition for the project or re-solicit the project at its option. If the proposal acceptance period is not extended by the contractor the project may be re-solicited.

(End of Contract Scope of Work)

CLAUSES INCORPORATED BY FULL TEXT

SCR_CT_002 FIELD OFFICE OVERHEAD (JUL 2002)(RFP)

NOTICE TO OFFERORS: you must declare below the single accounting practice that you apply to contracts to calculate field office overhead for all change orders, modifications and requests for equitable adjustment. Pursuant to Federal Acquisition Regulations (FAR) Parts 31.105(d)(3) and 31.203(d)(1), an accounting practice that varies from modification to modification is not allowable. Select one of the following:

1. TIME DISTRIBUTION BASE FOR A PER DIEM RATE

If you use this practice, see Special Clause “Field Office

Overhead Per Diem Rate” _____

2. DIRECT COST DISTRIBUTION BASE FOR A PERCENTAGE MARKUP

If you use this practice, see Special Clause “Field Office

Overhead Percentage Markup” Per Task Order

3. OTHER ACCOUNTING PRACTICE THAT IS ALLOWABLE _____

UNDER THE FAR AND THAT USES A SINGLE DISTRIBUTION BASE.

If you choose 3, you must describe the accounting practice in sufficient detail below to allow the contracting officer to determine what accounting practice is being utilized by your company and that it complies with the FAR.

FAILURE TO FULLY COMPLY WITH THE ABOVE REQUIREMENT OR, IF ALTERNATIVE 3 IS

DECLARED AND YOUR DESCRIPTION DOES NOT CLEARLY STATE OR DESCRIBE A

CONSISTENT ACCOUNTING PRACTICE USING A SINGLE DISTRIBUTION BASE, MAY CAUSE

YOUR PROPOSAL TO BE EVALUTED AS UNACCEPTABLE.

(End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Dominique Howard

PHONE: 816-389-3430 E-MAIL: Dominique.C.Howard@usace.a rmy.mil

PROJECT

MANAGER:

Ben Davis PHONE: 816-389-3273 E-MAIL: Ben.Davis@usace.army.mil

Section 00 21 00 - Instructions, Conditions and Notices to Offeror

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.236-28 Preparation of Proposals--Construction OCT 1997 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price Indefinite-Delivery Indefinite-Quantity Contract with

Fixed-Price Task Orders contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

To be determined by Task Order

To be determined by Task Order

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is to be determined by individual Task Order.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be determined by individual Task Order.

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. ARMY CORPS OF ENGINEERS

ATTN: Alice Jeffres

601 East 12th Street

Kansas City, Missouri 64106

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for--

To be determined by individual Task Order

(c) Participants will meet at--

To be determined by individual Task Order

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/FAR/ http://farsite.hill.af.mil/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002)

The magnitude of this project is to be determined by individual task order.

TPL_NWK_002 PROPOSALS TO BECOME PART OF THE CONTRACT

1. When an offeror submits its proposal in response to a Request For Proposals, and a staffing plan including the names and qualifications of key personnel who are proposed to work on the project is required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

2. When an offeror submits its proposal in response to a Request For Proposals, and the name of a specific subcontractor is a required submittal, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

3. When an offeror submits its proposal in response to a Request For Proposals, and a schedule for the performance of the work on the project is a required submittal, the terms of the proposed schedule will become the schedule that will be utilized for completion of the project, adjusted as necessary to reflect the actual issue date of the Notice to Proceed

4. When an offeror submits its proposal in response to a Request For Proposals and that proposal contains any work, materials, methods or other type of betterment that provides an advantage to the Government that is above the minimum requirements contained in the RFP, the terms of the proposal will be the basis for evaluation and, if successful, will become the terms of the contract upon award. If a change in one of those terms is made to one that is less favorable to the Government than the one on which the award of the contract was based, a credit to the Government will be negotiated by the contractor. Only the Contracting Officer has the authority to negotiate a waiver of the terms of the contract.

Section 00 22 10 - Phase 1 of a 2 Phase Selection Procedures

INSTRUCTIONS TO OFFERORS

RFP SECTION 00 22 10: PHASE 1 OF 2 PHASE SELECTION PROCEDURES

1.0 OVERVIEW

In Phase 1 of the two phase selection procedure, Offerors will submit certain specified performance capability proposals, demonstrating their capability to successfully execute design build and design bid build construction work under the contract resulting from this solicitation. The Government will evaluate the qualifications and intends to invite a target of nine most highly rated Phase 1 offerors who submitted proposals to compete for the base MATOC pool contracts and one construction seed task order contract to Repair HVAC and Replace Domestic Supply Lines in Building 3200 at Whiteman, AFB, MO.

Offerors must submit a complete Phase 1 proposal to be considered for Phase 2. PHASE 1 DOES

NOT INVOLVE PRICING SUBMISSION.

Prior to Phase 2, an amendment will be issued to only the selected offerors from Phase 1 inviting them to submit a design build technical solution, key personnel, and price proposals for consideration. The amendment will request additional information needed to complete the submission of Phase 2 proposals. In Phase 2, the Contracting Officer will award a target of five contracts to the offerors whose proposals offer the best value - Trade Off proposal to the Government, considering the price and non-price factors described in Phase 2.

Offerors must submit a complete Phase 2 proposal to be considered for award. Failure to submit a complete proposal may result in the entire proposal being rejected.

2.0 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

For Phase 1, all offerors shall be required to submit a proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard Form 1442 at the following address:

U.S. Army Corps of Engineers, Kansas City District Federal Building Room 647 ATTN: CECT-NWK-M/Dominique Howard

Kansas City, Missouri 64106-2896

3.0 PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

1. In order to be considered for award of a contract for the requirements of this solicitation, the offeror must submit a proposal with its offer. Failure to submit a complete proposal may result in the entire offer being rejected. The proposals shall be submitted in Volumes as follows:

Phase 1

Submit the Phase 1 proposal in a tabbed, three-ring binder identified by the Solicitation Number (W912DQ-16-R-4014), project title (MATOC SDVOSB 2016), name, address, and telephone number of the Offeror. Arrange tabs as follows:

Volume 1, Technical Proposal:

TAB A, Completed SF 1442, Surety Letter, and Joint Venture Teaming Agreement TAB B, FACTOR 1 Corporate Experience TAB C, FACTOR 2 Past Performance TAB D, FACTOR 3 Management Plan

2. Proposal Characteristics

a) Submit original and five copies of the proposal. Electronic copies shall also be provided on one CDs/DVDs in PDF format and be *Optical Character Recognition (OCR) compatible.

Each Volume shall contain a table of contents and all pages of each factor shall be sequentially numbered. All text must be legible and easily read. The page size of the offeror’s proposal shall not exceed 8-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size. Submit the SF 1442, completed and signed by a person authorized by the offeror. Offerors shall limit proposals to a maximum of 30 pages.

A page is defined as text or information on one side of the paper. If it is printed double sided, each face will be counted as a page. Factor 2 – Past Performance will not be counted towards this page limit.

*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.

b) Offeror will submit a cover letter containing:

i. Solicitation number.

ii. 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.

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

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

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

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

e) The completed Section 00 45 00 of the RFP (Representations and Certifications), including the ORCA certification (Offerors System for Award Management extract will suffice) should be placed in a separate envelope labeled “Representation and Certifications” with one copy.

f) Letter from Surety stating Offer is capable of providing a Bid Guarantee as required in

FAR 52.228-1.

4.0 INQUIRIES/QUESTIONS

Technical inquiries and questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). To submit and review inquiry items, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective offeror who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective offeror once the reply is available for viewing.

***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

The Solicitation Number is: W912DQ-16-R-4014

The Bidder Inquiry Key for Phase 1 is: JGQW53-RZT45D

The Plan Room Key for Phase I is:

*Draft Specifications for Phase II will be uploaded for review during Phase I. Final Specifications will be provided as an Amendment to those offerors selected for Phase II. All Phase II information is draft and no proposals will be accepted or evaluated.

Instructions for first-time ProjNet Bid Inquiry Access:

3. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

4. Identify the Agency. Select agency USACE.

5. Key. Enter the Bidder Inquiry Key listed above.

6. Email. Enter the email address you would like to use for communication.

7. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

8. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

9. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for future ProjNet Bidder Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. Select agency USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

The Bidder Inquiry System will be unavailable for new inquiries ten calendar days before proposal due date in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

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

The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. Email to staff@rcesupport.com.

5.1 JOINT VENTURES

Joint Ventures shall submit the following additional documentation regarding their business entities:

1) A certified copy of their Joint Venture agreement.

2) A detailed statement outlining the following in terms of percentages, where appropriate.

a. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

b. The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the Joint Venture and perform the duties necessary to complete the work.

c. The structure of the joint venture and decision-making responsibilities of the Joint

Venture parties in terms of who will control the manner and method of performance of the work.

d. The bonding responsibilities of the Joint Venture parties.

e. Identification of the key personnel having authority to legally bind the Joint Venture to subcontracts and state who will provide or contract for the labor and materials for the Joint Venture.

f. Identification of party maintaining the Joint Venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the Joint Venture.

g. Identification of party furnishing the facilities, such as office supplies and telephone service.

h. Identification of party having overall control of the Joint Venture.

Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual Joint Venture parties and identify the party, or hired as employees of the Joint Venture.

If one of the Joint Venture parties possesses experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past experience will be included as the experience and/or past experience of the Joint Venture.

6.0 OBTAINING A D.U.N.S. NUMBER

Data Universal Numbering System (DUNS) Number. The Data Universal Numbering System (DUNS) Number is a unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B). Call D&B at 1-866-705-5711 or access their website if you do not have a DUNS number. The site addresses are http://fedbgov.dnb.com/webform OR http://www.dnb.com/us/. The process to request a DUNS number via phone takes about 10 minutes and is free of charge. Internet request are fulfilled within 24 hours. You must have a different nine-digit DUNS number for each physical location or different address in your company as well as each legal division that may be co- located.

7.0 SUBCONTRACTORS/TEAMING PARTNERS

If an offeror wishes to receive credit for the experience or past performance of a subcontractor or teaming partner, the offeror must submit a letter of commitment to use the proposed firm on the project, signed both by the subcontractor/teaming partner and the offeror. The commitment letter must be submitted even if the subcontractor/teaming partner is in some way affiliated with the offeror (for example, the subcontractor/teaming partner is a subsidiary of a joint venture partner, or a subsidiary of a firm to which the joint venture partner is also a subsidiary). Include the subcontractor letters of commitment in Volume 1, Factor 1: Corporate Experience.

SAMPLE LETTER OF COMMITMENT to

USE SUBCONTRACTOR/TEAMING

PARTNER [COMPANY LETTERHEAD]

TO: Contracting Officer, Kansas City District, United States Army Corps of Engineers

SUBJECT: Letter of Commitment for Proposed Task Order for [insert project name]

Dear Sir or Madam:

[Insert name of offeror] and [insert name of subcontractor/teaming partner] hereby make the unequivocal commitment that, in the event that the company receives award of the Task Order for [insert project name], [insert name of subcontractor/teaming partner] will perform the following work required by the Task Order.

[Insert list of tasks to be performed by the subcontractor/teaming partner]

Sincerely, [Authorized Official] [Legal Name of Offeror] Date:

[Subcontractor/Teaming Partner]

[Legal Name of Firm] Date:

8.0 BASIS FOR AWARD

The agency will use Two-phase Design-Build Selection Procedures authorized by FAR 36.301.

In Phase 1, the Government intends to select a target of nine most highly rated offerors to compete in Phase 2. The selection will be based on evaluation of technical factors. There are three non-price (technical) factors in Phase 1: Technical Factor 1 - Corporate Experience; Technical Factor 2 - Past Performance; and Technical Factor 3 - Management Plan. The non-price factors are of equal importance. Price will not be considered during Phase 1. Only those offerors selected in Phase 1 will be invited to submit a proposal for Phase 2, and they will be the only offerors eligible to compete in Phase 2.

In Phase 2, the Government intends to select for award a target of five MATOC contracts to the responsible offerors whose proposals conform to the solicitation and proposes the Best Value to the Government under a Tradeoff Process under FAR 15.101-1. The selection will be based on Factors identified in Table 1 below. The relative importance of the evaluation factors is as follows:

Table 1: Relative Importance of Factors

PHASE Factor

Number

FACTOR RELATIVE IMPORTANCE

1&2 1 Corporate Experience Equal to Factors 2,3,4 and 5

1&2 2 Past Performance Equal to Factors 1,3,4 and 5

1&2 3 Management Plan Equal to Factors 1,2,4 and 5

2 4 Technical Solution Equal to Factors 1,2,3 and 5

2 5 Key Project Personnel Equal to Factors 1,2,3 and 4

2 6 Price Less than Factors 1,2,3,4 and 5 combined

When applying the tradeoff process, all evaluation factors other than price, when combined, are more important than price.

9.1 SOURCE SELECTION PROCESS

All proposals received in response to this solicitation will be evaluated in accordance with formal source selection procedures. The principal objective of this process is to select a responsible offeror whose proposal represents the Best Value to the Government. The process is designed to ensure the impartial, equitable, and comprehensive evaluation of all proposals received in response to this solicitation.

Source Selection Team

All offers received in response to this solicitation will be evaluated in accordance with formal source selection procedures. The principal objective of Phase 1 is to select a target of nine of the most highly qualified offerors to be considered for Phase 2. The process is designed to ensure the impartial, equitable, and comprehensive evaluation of all responsible proposals received in response to this particular solicitation.

(a) Source Selection Team

The Source Selection Team is established as a separate organization and management chain of command whose only purpose is to accomplish the objective above. The organization consists of a Source Selection Authority (SSA) and a Source Selection Evaluation Board (SSEB). The organization is designed to ensure active ongoing involvement of appropriate contracting, technical, logistics, legal, small business, and other functional staff management expertise.

(b) Source Selection Procedure

The source selection procedures will begin with an initial review of proposals received in response to Phase 1 of this solicitation. The SSEB shall evaluate the proposals based solely on the evaluation criteria identified below. To be considered for evaluation, each offeror shall specifically address each of the evaluation factors listed below. Sufficient detail shall be provided, citing specific data as may be required, such that the proposal may be adequately evaluated. The proposal must show clearly that the offeror has an understanding of the work tasks required and has the capability and responsibility to accomplish the work.

The results of the SSEB evaluations will be presented to the SSA, who will select a target of nine most highly qualified offerors. The SSA will determine whether it is appropriate to engage in clarifications or communications.

The Government will select a target of nine most highly qualified offerors based on their overall rating after consideration of the following factors: Corporate Experience, Past Performance, and Management Plan. The Government reserves the right to reject any or all proposals with a technical factor rating of Marginal or less, regardless of the number of other proposals or their ratings.

The Government is not responsible for information overlooked during the evaluation which is not located in the appropriate proposal section. To ensure the evaluation credit is appropriately received for proposal material submitted, do not incorporate by reference documents not contained in the proposal. References to sections of the proposal shall be by specific paragraph number (and name, if applicable), page number, and section.

10.0 TECHNICAL RATING

The evaluation ratings for the Technical Factors will be on an adjectival basis in conjunction with a narrative composed of the discussion of the particular strengths, weaknesses, and deficiencies of the proposal. The SST will use a combined technical/risk rating system that includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings.

Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in Table 2.

Table 2. Combined Technical/Risk Ratings Color Rating Description

Blue

Outstanding

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Purple

Good

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements.