UMMCA_Railhead_Improvements,_Camp_Funston.pdf

US Army Corps of Engineers Kansas City District Building Strong

UMMCA Railhead Improvements Camp Funston Fort Riley, Kansas

PN 472978

DRAFT

Design Bid Build Request for Proposal

Solicitation and Construction Specifications

July 2019

This page was intentionally left blank for duplex printing.

W912DQ-19-R-4024

TC-1

DEPARTMENT OF THE ARMY

Kansas City District, Corps of Engineers

647 Federal Building Kansas City, Missouri 64106

SPECIFICATIONS FOR CONSTRUCTION OF

UMMCA RAILHEAD IMPROVEMENTS, CAMP FUNSTON

FORT RILEY, KANSAS

TABLE OF CONTENTS

COVER

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION TITLE

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

00 73 46 WAGE DETERMINATION RATES

DIVISION 1 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.00 10 QUALITY CONTROL

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

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 11 13.00 10 STRUCTURAL CAST-IN-PLACE CONCRETE FORMING

03 15 00.00 10 CONCRETE ACCESSORIES

03 20 00.00 10 CONCRETE REINFORCING

03 30 00.00 10 CAST-IN-PLACE CONCRETE

03 35 00.00 10 CONCRETE FINISHING

03 39 00.00 10 CONCRETE CURING

03 42 13.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE

CONSTRUCTION

TABLE OF CONTENTS

(Continued)

TC-2

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 21 GEOGRID SOIL REINFORCEMENT

31 23 00.00 20 EXCAVATION AND FILL

31 32 11 SOIL SURFACE EROSION CONTROL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 19 FIELD MOLDED SEALANTS FOR SEALING JOINTS IN RIGID

PAVEMENT

32 05 33 LANDSCAPE ESTABLISHMENT

32 11 23 AGGREGATE BASE COURSES

32 92 19 SEEDING

DIVISION 33 – UTILITIES

33 40 00 STORM DRAINAGE UTILITIES

DIVISION 34 – TRANSPORTATION

34 11 00 RAILROAD TRACK AND ACCESSORIES

34 11 19.00 20 WELDING CRANE AND RAILROAD RAIL - THERMITE METHOD

-- End of Project Table of Contents --

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, KANSAS CITY DISTRICT

635 FEDERAL BUILDING

601 E 12TH STREET

KANSAS CITY MO 64106-2824

Printed on Recycled Paper

July 24th, 2019 Contracting Division Military Branch

The Government is planning an unrestricted competition for a design-bid-build construction project under solicitation W912DQ19R4024 for Fort Riley Rail Way Spurs in Kansas.

This is not a Request for Proposal (RFP) and you are not asked to provide a proposal at this time. The purpose of this draft is to facilitate communication and workload planning.

The RFP is expected to be issued to you within the few days. At that time a complete RFP will be posted to FBO, to include final plans and specifications pertaining to this project. The anticipated proposal due date for this requirement will be provided with the official RFP, but is anticipated to be on or about August 20th, 2019.

This advanced notice shall not be construed to bind the Government in any way, but rather, is provided for informational purposes only to facilitate workload planning and elicit industry questions and feedback.

Interested offerors shall submit contracting and technical inquiries and questions concerning this draft via Bidder Inquiry in ProjNet at www.projnet.org/projnet. See section 00 22 16 4.0 for additional instructions on submitting inquiries through this system.

The Solicitation Number is: W912DQ19R4024, Camp Funston Rail Way Spur, Fort Riley, Kansas. The Bidder Inquiry Key is: 35UDKH-IY2YIU.

Sincerely, Misty L. Weinhold

Contracting Officer

REPLY TO

CAMP FUNSTON RAILWAY SPURS AT FORT RILEY, KANSAS

The US Army Corp of Engineers requires construiction of tw o parallel rail spurs in Camp Funston at Fort Riley, Kansas. The scope of this construction design bid build project includes new track (the tw o spurs sized to hold 50 rail cars total) w ith concrete loading and unloading docks at one end. The spurs w ill connect to existing track w ith sw itches. Supporting facilities include storm drainage and site improvements, and demolition. The site is w ithin the controlled perimeter of Camp Funston located approximately three miles north east of the Fort Riley Main Post.

This is an unrestricted aquisition.

This Request for Proposal w ill result in the aw ard of a single Design-Bid-Build Firm Fixed Price Construction Contract.

Proposals shall be submitted to the follow ing location:

U.S. Army Corps of Engineers, Kansas City District 635 Federal Building ATTN: Michael G. France / Misty L. Weinhold 601 E. 12th Street Kansas City, MO 64106

The North American Industry Classif ication (NAICS) Code is 237990, Other Heavy and Civil Engineering Construction. The small business size standard for this NAICS is $36.5M

The Magnitude of this project is betw een $5,000,000 and $10,000,000.

MICHAEL G FRANCE (816) 389-3182

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

01-Aug-2019

(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 _______10 calendar days and complete it w ithin ________280 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________20 Aug 2019 (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 BLDG. CT-M RM 647; 601 E 12TH ST

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

816-389-2030FAX:TEL: 816-389-3976 TEL: FAX:

W912DQ19R4024 82

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

W912DQ19R4024

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Railhead Improvements

FFP

The Contractor shall provide all Manpower, Materials, Equipment and Coordination to construct Railhead Improvements at Camp Funston on Fort Riley, Kansas in accordance with this contract, the statement of work and all specifications, attached.

FOB: Destination

NET AMT

0002 1 Job Contractor Manpower Reporting

FFP

Contractor Manpower Reporting is required. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mill.

0003 1 Job OPTION Storm Water Improvements

FFP

The Contractor shall provide all Manpower, Materials, Equipment and Coordination to construct Storm Water Improvements at Camp Funston on Fort Riley, Kansas in accordance with this contract, the statement of work and all specifications, attached.

0004 1 Job OPTION Track 701 Realign and Track 703 Adjust

FFP

The Contractor shall provide all Manpower, Materials, Equipment and Coordination to construct Track 701 Realignment and Track 703 Adjustment at Camp Funston on Fort Riley, Kansas in accordance with this contract, the statement of work and all specifications, attached.

CLAUSES INCORPORATED BY FULL TEXT

BASE TOTAL AMT:

OPTIONS TOTAL AMT:

BASE & OPTION TOTAL AMT:

*NOTE: Any work not specifically identified shall be priced with the most closely related CLIN.

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” _____

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)

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002)

The magnitude of this project is represented by the following estimated price range (contracting officer mark as appropriate):

X____Between $5,000,000 and $10,000,000

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Michael G.

France

PHONE

816-389-3182 E-

MAIL:

michael.g.france@usace.army.mil

PROJECT

MANAGER:

Elizabeth A.

Richards

PHONE

816-389-3752 E-

MAIL:

Elizabeth.a.richards@usace.army.mil

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 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

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 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.236-28 Preparation of Proposals--Construction OCT 1997 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2018

252.236-7006 Cost Limitation JAN 1997

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price 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).

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

6.5% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Geary County, Riley in Kansas.

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 ____20____ percent of the bid price or $_3M_______, whichever is less.-

(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:

Misty L. Weinhold USACE- Kansas City District- Room 647 601 E. 12th St.

Kansas City, MO 64106 misty.l.weinhold@usace.army.mil

(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)

(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 is scheduled as follows:

August 6th, 2019 at 9:45AM POC Name: Kyle Street

POC Telephone: 816-389-3050 Meeting Location: BLDG 408, Fort Riley, Kansas

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 https://www.acquisition.gov/content/supplemental-regulations

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 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

RFP SECTION 00 21 16: INSTRUCTIONS TO PROPOSERS AND

00 22 16: SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS. EVALUATION FACTORS, AND

BASIS OF AWARD –LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA)–

DESIGN-BID-BUILD

PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

1.0 GENERAL PROPOSAL INFORMATION

The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities to perform the contract. The proposal should be practical, legible, clear and coherent.

The technical proposal shall address the offeror’s proposed approach to fully perform the requirements of the RFP.

Offerors are discouraged from providing information not required by the RFP.

2.0 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

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 in accordance with the solicitation and amendments, if applicable:

U.S. Army Engineer, Kansas City District 635 Federal Building / Room 647 ATTN: CECT-NWK-M/Michael France 601 East 12th Street Kansas City, Missouri 64106-2824

3.0 PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

a. 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 proposal shall consist of two (2) Volumes:

(1) Volume 1, Technical Proposal (Tabs A through D)

(2) Volume 2, Price Proposal, (Tab A), consisting of a price for all line items in the corresponding bid schedule and acknowledgment of all amendments to the solicitation.

b. Proposal Characteristics

(1) Each Volume shall contain a table of contents. 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 with the title clearly visible at the bottom right corner. Offerors shall limit Volume 1, Technical Proposal, to a maximum of 15 pages. Pages in excess of 15 will not be evaluated.

(2) Volumes 1 & 2 shall be contained within separate 3-ring loose leaf binders and submitted in the following quantities

(no heat or spiral bound volumes).

Volume 1 – Technical Proposal Original & 4 copies; 1 CDs Volume 2 – Price Proposal Original & 1 copy; 1 CD

Electronic copies shall also be provided on CD/DVDs in PDF format.

(3) The Offeror’s name, address, signature and telephone number shall appear on any document submitted to be evaluated. Each Volume of the proposal shall be identified by the Solicitation Number, Volume Number, name, address, and telephone number of the offeror on the cover page. Each Volume shall also contain a table of contents;

list of tables, list of figures, list of appendices, list of acronyms, and at the bottom left side of each page the volume number shall be included. The list of acronyms should include all acronyms appearing in that volume. Offerors should clearly state the original copy of each volume. The cover page of each Volume shall be properly printed with: i) the project title – “Camp Funston Rail Way Spur, Fort Riley, KS” ; ii) the name, address, and telephone number of the Offeror submitting the proposal, and the name of the Offeror’s point of contact; and one of the following on each volume in bold letters:

VOLUME 1: TECHNICAL PROPOSAL

VOLUME 2: PRICE PROPOSAL

(4) The Proposal’s clarity, organization and cross referencing are mandatory. No material shall be incorporated by reference. General cross-references or cross referencing guides will not be considered appropriate.

(5) The Proposal shall be organized by factors. They shall be described in separate sections, appropriately tabbed in a report form. All pages of each factor shall be sequentially numbered. Elaborate or lengthy presentations are not necessary or desirable.

(6) The Technical narrative shall be written in a way to demonstrate a clear understanding of the requirements, but should not simply parrot the specifications. The Technical proposal shall not refer the reviewer to information contained in the Price proposal.

4.0 INQUIRIES/QUESTIONS

1. Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click continue.

B. From this page, you may view all bidder inquiries or add a new inquiry.

C. Offerors will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team.

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

D. The Solicitation Number is: W912DQ19R4024, Camp Funston Rail Way Spur, Fort Riley, Kansas.

i) The Bidder Inquiry Key is: 35UDKH-IY2YIU.

ii) The Plan Room Key is: EHH3I6-DFPR79.

2. The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to the date proposals are due at close of business in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

3. 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.

4. 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 .

5.0 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.

The Joint Venture parties’ experience and/or past experience will be included as the experience and/or past experience of the Joint Venture.

6.0 SUBCONTRACTORS/TEAMING PARTNERS

If an offeror wishes to receive credit for the similar experience or past performance of a subcontractor or teaming partner, the offeror must submit a signed 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: Similar Work 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 Contract 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 Solicitation for [insert project name], [insert name of subcontractor/teaming partner] will perform the following work required by the Solicitation.

[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:

7.0 BASIS FOR AWARD

The Government intends to select, without discussions, and to award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Tradeoffs are not permitted.

Proposals are evaluated for acceptability but not ranked using non-cost/price factors. Technical acceptability will be determined first. Then, only the technically acceptable offers will be evaluated for price and an award made to the offeror who presents the lowest price which is technically acceptable.

Award will be made based on the lowest-price technically acceptable offer that is determined to present the best value to the Government, with appropriate consideration given to the following evaluation factors: Similar Work Experience, Past Performance, and Price. The acceptability of the non-price evaluation factors will be determined on an “acceptable” or “unacceptable” basis only. In order to be considered for award, there must be an “acceptable” rating for every non-price factor. The price factor will be evaluated for completeness and reasonableness.

8.0 SOURCE SELECTION PROCESS

An evaluation for acceptability will be performed on each proposal in accordance with FAR 15.101-2(b)(3). The proposal that provides the lowest price and is otherwise technically acceptable in all factors will be selected for award. To be considered technically acceptable, no technical factor in the proposal may be determined to be unacceptable. The failure of a proposal to meet any of the acceptability standards for non-cost factors will result in a technically unacceptable rating and preclude award.

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 SSEB is comprised of separate Technical and Price teams.

The organization is designed to ensure active ongoing involvement of appropriate contracting, technical, logistics, legal, price analysis, small business, and other functional staff management expertise.

Source Selection Procedure

The source selection procedures will begin with an initial review of proposals and continue with a technical and price evaluation conducted by the SSEB. The SSEB shall evaluate the proposals based solely on the evaluation criteria identified above. The results of the SSEB evaluations will be presented to the SSA, who will award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Tradeoffs are not permitted. Proposals are evaluated for acceptability but not ranked using non-cost/price factors. Technical acceptability will be determined first. Then, only the technically acceptable offers will be evaluated for price and an award made. The SSA will also make the final source selection decision or determine whether it is appropriate to engage in clarifications or communications prior to award. The Government intends to award without discussions, but reserves the right to do so if determined necessary. All communications leading to establishment of the competitive range will be conducted in accordance with FAR Part 15.306(b).

After conclusion of discussions and receipt of final revised proposals (if applicable), the SSEB will complete the evaluation and establish the final technical ratings and present them to the SSA. The SSA will then perform a trade-off analysis of the proposals based on lowest price technically acceptable, price, and other factors considered, and make the final source selection decision.

To be considered acceptable, each Offeror shall specifically address each of the evaluation factors listed above.

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 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.

9.0 TECHNICAL RATING

The Source Selection Team (SST) will use a rating system that evaluates non-price evaluation factors other than past performance evaluation on an “acceptable” or “unacceptable” basis only, using the rating method in Table 1.

Proposals are evaluated for acceptability but not ranked using non-price factors. In order to be considered for award, there must be an “acceptable” rating for every non-price factor.

Table 1. Technical Acceptable / Unacceptable Rating Method

Color Rating Description

Green

Acceptable

Proposal meets the requirements of the solicitation.

Red

Unacceptable

Proposal does not meet requirements of the solicitation.

The Source Selection Team (SST) will use a rating system that evaluates non-price evaluation factors in past performance evaluation on an “acceptable” or “unacceptable” basis only, using the rating method in Table 2. The evaluation will consider whether or not the offeror’s record of recent (within 10 years) and relevant (rail way spur installation with a minimum magnitude of $5,000,000 to $10,000,000) past performance allows a reasonable expectation that the offeror can successfully perform the required effort. In the case of an offeror without a record of recent relevant past performance or where the information is so sparse that no meaningful past performance rating can be assigned, the offeror will treated neither favorably nor unfavorably and therefore, a neutral result will be considered “acceptable”.

Table 2. Past Performance Acceptable / Unacceptable Rating Method

Based on the offerors performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Based on the offeror’s performance record the Government does not have a reasonable expectation that the offeror will be able to successfully fulfill the required effort.

Ratings will be assigned for each of the technical evaluation factors for each offeror. No overall rating will be assigned.

10.0 DEBRIEFING OFFERORS

Offerors may request a debriefing In accordance with FAR 15.505 Pre-award Debriefing of offerors, and FAR

15.506 Post-award Debriefing of offerors.

11.0 TECHNICAL FACTORS TO BE EVALUATED

The Government will select a single offeror based on their overall merit after consideration of the evaluation factors described above. The relative weight given to the evaluation factors is described in the table below. Relative importance of non-price factors, when combined, are approximately equal to cost or price.

VOLUME 1 - TAB A, FACTOR 1 – SIMILAR WORK EXPERIENCE

Submission Requirements

Offeror shall submit a portfolio of three rail way spur installation projects completed within the last 10 years. Each project must have a minimum magnitude between $5,000,000.00 and $10,000,000.00 that demonstrates experience on military or commercial construction of railroad spurs or sidings (to include the installation of switches). To be considered similar, the projects must be comparable or greater in magnitude and scope to the construction being acquired by this RFP, i.e., projects demonstrating installation of new track (spurs sized to hold a minimum of 50 rail cars total) with concrete loading and unloading docks, projects demonstrating connection of spurs to existing track with switches, projects demonstrating installation and/or repair to supporting facilities such as storm drainage, site improvements and demolition.

For similar work experience gained by the offeror while a subcontractor, the offeror should provide a description of their role as the subcontractor. The description shall include the type of work performed, the dollar value of the work performed, and the percentage of work completed. The description shall also include an explanation of why such experience is similar to this project, the prime contractor’s contract number, and contact information for the prime contractor and government or owner representative for the project.

If an offeror wishes to receive credit for the experience or past performance of a subcontractor or teaming partner, the offeror must submit a signed 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 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).

The offeror shall provide the following information for each submitted project:

(a) Project Title

(b) Location

(c) Contract Number

(d) Project Delivery Method: Indicate whether the project was Design/Build, Design/Bid/Build, or Design Only

(e) Designer of Record

(f) Role of Offeror: Indicate type and percentage of work performed by the offeror or offeror’s team member.

(g) Total Dollar Amount: Indicate whether the amount includes design only, construction only, or both design and construction.

(h) Construction Start and Completion Dates:

(i) Description of the similarity of the Project to the work required by this RFP:

Describe how the project is similar to the building of a new facility or major renovation that is similar in size and scope to Air Traffic Control Tower described in this solicitation.

(j) Customer Primary Point of Contact: Name, relationship to project, agency/firm, phone number, and e-mail address. The Government may contact and interview project references. Reference information will not be revealed to other parties.

If the offeror represents the combining of two or more companies, state if the example project represents a joint venture of the listed parties.

Evaluation Criteria

The Government will evaluate the extent of recent, similar work experience of the prime contractor and committed team members as outlined above in submission requirements.

The Government will evaluate the extent of similar work experience on the basis of “acceptable” or “unacceptable” in the following areas:

a) Offeror submitted 3 recent (completed within the last 10 years), relevant (military or commercial railway spur installation projects with minimum magnitude of $5,000,000- $10,000,000).

b) Proposal demonstrates experience with military or commercial construction of railroad spurs or sidings (to include the installation of switches).

c) Proposal demonstrates installation of new track (spurs sized to hold a minimum of 50 rail cars total).

d) Proposal demonstrates experience constructing concrete loading and unloading…