B.08.02 Solicitation OD Road Work MATOC - 20210729 (SPOOLED).pdf

US Army Corps of Engineers Kansas City District Building Strong W912DQ21R1025

KANSAS CITY DISTRICT (NWK)

OPERATIONS ROAD WORK

MATOC

AS ADVERTISED

REQUEST FOR PROPOSAL

SOLICITATION AND

CONTRACT SPECIFICATIONS

JULY 2021

This page was intentionally left blank for duplex printing.

The U.S. Army Corps of Engineers, Kansas City District, intends to issue a Request for proposal (RFP) solicitation for Construction Activities for road repairs of asphalt, concrete pavement, and roadside improvements due to damages sustained during the 2019 f lood events. The w ork covered by this contract consist of furnishing all equipment, labor, operators, supervision, quality control, supplies, and incidentals necessary to satisfactorily perform and provide construction activities at any of the eighteen (18) Lake Projects w ithin the Kansas City District. Types of road w ork to be performed include, but are not limited to, the follow ing: Road base and subgrade earthw ork including excavation, grading, subgrade modifications; and aggregate base, surfacing, and shouldering. Asphalt pavement including hot mix asphalt (HMA) paving, patching, overlays, and milling. Concrete pavement including paving (PCCP), patching, parking lots, sidew alks, curbs and gutters. Pavement preservation treatments including crack f illing/sealing, chip seals, surface sealing, microsurfacing, Incidental construction;

pavement marking, guardrail, slope protection, erosion culverts (metal and concrete) and roadw ay accessories.

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

29-Jul-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________0 calendar days after receiving aw ard, notice to proceed. This performance period is X 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee 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 _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, KANSAS CITY

FEDERAL BLDG CT-C 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-2029 / 2030FAX:TEL: 816-389-3812 TEL: FAX:

W912DQ21R1025 49

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

W912DQ21R1025

Section 00 00 00 - Procurement and Contracting Requirements

BACKGROUND AND OBJECTIVES:

1. General Contract Information

The purpose of this solicitation is to evaluate and award up to five (5) Indefinite Delivery / Indefinite Quantity (ID/IQ) Multiple Award Task Order Contracts (MATOC) for the U.S. Army Corps of Engineers (USACE), Kansas City District (NWK), Operations Division (OD). Base contracts will be awarded based on Lowest Price / Technically Acceptable (LPTA) and award criteria will be, price and technical factors of relevant experience and past performance. These awards will create a MATOC pool of contractors among whom the Government may compete future task orders. Task orders will be issued as the need arises during the ordering period.

2. Total Amount of Contract

This contract provides for an indefinite quantity of services that may be ordered during the ordering period.

The minimum guaranteed quantity for each MATOC awardee is equivalent to $2,500. The maximum quantity for all orders placed under the MATOC is equivalent to $20 million. There is no limit to the number of task orders that may be placed against the MATOC.

3. Guaranteed Contract Amount

Following contract award, a task order will be issued to satisfy the minimum guarantee. If the cumulative value of any additional task order(s) issued to the contractor is less than the minimum guaranteed amount, the contractor may invoice for the remained of the minimum guarantee. If the cumulative value of any additional task orders issued to the contractor exceeds the minimum guarantee, the minimum guarantee task order will be de-obligated and closed at no additional cost or liability to either party.

4. Performance Period

Contracts will have a basic ordering period of one (1) year plus four (4) one-year option ordering period.

The total length of the contract ordering period, including the exercise of all option periods, will not exceed five from date of contract award. A task order may have a period of performance that extends beyond the ordering period, but will not exceed five years beyond the last day of the ordering period (See clause 52.216-22 – Indefinite Quantity).

5. Department of Labor Wage Rates

For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

(END)

NOTICE TO OFFEROR:

In preparing your offer -----

1. Have you signed the offer? Are all blank spaces filled in? SECTION 00 45 00: Certifications must be completed and submitted with your proposal.

2. If signing on behalf of your company and not an officer (President, Vice President, etc.) thereof, have you attached evidence of your authority to sign the offer?

3. Have you acknowledged receipt of ALL Amendments? If in doubt as to number of amendments issued, please check the solicitation announcement on the BETA SAM website https://www.beta.sam.gov/

4. Have you checked your offer for possible errors? Calculation errors for extended unit prices and total price, subcontracted work that may have been left out of the total are the most common errors.

5. Have you furnished all information required by the request for proposals or the specifications?

6. Are you submitting your offer on time? If mailed, will your proposal package reach the place of opening at the designated hour? If you are hand delivering your offer to 601 E. 12 St., ensure that you have enough time prior to closing to comply with security requirements in effect at the Bolling Federal Office Building.

7. For construction, sufficient proposal guarantee in proper form must be furnished with your proposal, if your proposal exceeds $150,000.00. Have you submitted a bid bond? Is it signed by both the principal and surety? Is it in the proper amount (20% or $3 million whichever is least)? Does it identify the correct Solicitation Number?

8. Have you identified on the face of the envelope containing your offer, the invitation number to which it pertains, and the date and hour of opening? Is your proposal adequately sealed to prevent inadvertent opening?

9. Have you complied with page number limits for the proposal or a particular proposal section, if any?

10. BUY AMERICAN ACT: All offerors are cautioned that, FAR provisions 52.225-10 or 52.225-12 require determinations to be made prior to the closing date for use of foreign construction materials that are not excepted from the Buy American Act (FAR clauses 52.225-9 or 52.225-11).

11. If information has been requested to be submitted in an electronic format, USB flash drives (also called thumb drives) will not be acceptable as all Department of Defense computers have been configured so that these devices will not work in them.

(End)

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Road Work MATOC - FY 2021-2024

FFP

The Government's payment for the items listed in this CLIN shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, appliances, and materials; and performing all operations required to complete the work in conformity with the drawings and specifications.

FOB: Destination

PSC CD: Y1LB

NET AMT

0002 1 Job OPTION Road Work MATOC - FY 2025

FFP

The Government's payment for the items listed in this CLIN shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, appliances, and materials; and performing all operations required to complete the work in conformity with the drawings and specifications.

0003 1 Job OPTION Road Work MATOC - FY 2026

FFP

The Government's payment for the items listed in this CLIN shall constitute full compensation to the Contractor for furnishing all plant, labor, equipment, appliances, and materials; and performing all operations required to complete the work in conformity with the drawings and specifications.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2021 TO

31-AUG-2024

N/A USACE, KANSAS CITY +

JAMES RUDY

MISSOURI RIVER AREA OFFICE 790 E 224

HWY

NAPOLEON MO 64074-7001

816-389-3511

966418

0002 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

Section 00 20 00 - Instructions for Procurement

SUBMISSION REQUIREMENTS

1.0 General Information:

1.1. There are no drawings associated with this Solicitation. Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents and amendments thereto will be made available for viewing on the System for Award Management website (https://www.sam.gov). It shall be the offeror’s responsibility to check the website for any amendments. Offerors should read the entire solicitation prior to submitting a proposal.

1.2. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. The offeror’s proposal should be legible, clear, concise and prepared simply and economically.

Offerors are discouraged from providing information not required by the Solicitation. There will be no public opening of the proposals received as a result of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award.

1.3. Inquiries/Questions. Prospective Offerors shall submit contracting and technical inquiries via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

1.3.1 To submit and review bid inquiry items, the offeror will need to be a current registered user. To self-register, go to the aforementioned web page and click “register.” Select “USACE” as the Agency.

Then, select “Contractor” as the Site. Then, enter the required information to complete the registration.

1.3.2 Once the user is registered, bidder inquiries can be accessed using the Quick Add key provided below.

1.3.3 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.

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

1.3.5 The Solicitation Number is: W912DQ21R1025

1.3.6 The Bidder Inquiry Key is: FCTQDF-GXE4NX

1.3.7 The Bidder Inquiry System will be unavailable for new inquiries after 12:00 PM (NOON) local Kansas City time on 20 August 2021.

1.3.8 Offerors are requested to review the Solicitation in its entirety, and review existing bidder inquiries for answers to questions prior to submission of a new inquiry.

1.3.9 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@projnet.info.

1.4 If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing.

1.5. The Government will not reimburse the offeror for any costs incurred in the preparation and submission of a proposal in response to this solicitation. Issuance of this solicitation is not to be construed as authority to proceed with any work or to incur any obligation chargeable to the Government.

2.0. Specific Instructions: Organization/Distribution/Number of Copies/Page Limits

2.1. Each offeror shall submit a proposal that consists of two (2) Volumes:

Volume I – Factor I -Similar Work Experience - Submission Requirements:

The Offeror must submit a minimum of three example projects and a maximum of five example projects completed within the last ten years demonstrating the offerors recent and relevant experience. If more than five projects are submitted, only the first five will be evaluated. For each project submitted, provide the following: Project name, a short description of the work, contract amount, owner’s name and telephone number, completion date and percentage of project completed using your own forces.

Volume I – Factor II -Past Performance- Submission Requirements:

Submit past performance information on all of the projects submitted for Factor 1. DO NOT provide Past Performance references for projects other than those project examples provided for Factor 1. The quantity of projects submitted for this factor is the same as the quantity of projects submitted for the Factor 1 submission requirements, a maximum of five.

The Past Performance Questionnaire (PPQ) (Attachment A) is provided for the offering firms to submit to the client of each project the offering firm includes in its submission requirements for Factor 1. Ensure correct phone numbers and email addresses are provided for the client’s point of contact. The completed PPQs should be submitted with the technical proposals. PPQ will not count against Factor I page count.

Note: If any of the projects are Government contracts with a completed CPARS, please only complete blocks 1 through 5 of the PPQ form (Attachment A) and attach it to the front of the CPARS rating. Be sure to include the POC’s information of the Client and the Contract Number of the project.

Volume II – Cost Information - Submission Requirements:

Provide in the proposal, the Price Proposal Schedule from task order 0001. Proposed prices must be entered for all items of the Price Proposal Schedule.

2.2 Volumes I and II may not be submitted together within the same file. Each volume shall be organized by factors.

Each Volume shall include, as a minimum, the following:

(a) Volume number on proposal cover.

(b) The prime, consortium, or joint venture’s name, address, telephone number, and e-mail address shall appear in the lower left corner of the proposal cover, title page and table of contents of any document/volume to be evaluated.

(c) Proposal volume cover format is at the offeror’s discretion so long as the information required by this paragraph and subsequent paragraphs are met.

(d) Table of contents and a cross-reference to the solicitation paragraphs.

2.3. The offeror shall submit one (1) electronic copy with each proposal volume (see 2.4). The electronic copy of Volume 1 shall be in Portable Document Format (PDF) compatible with Adobe Reader and be *Optical Character Recognition (OCR) compatible. The electronic copy of Volume 2 shall include the Bid Schedule Detail Worksheet using Microsoft Excel and one file in PDF for the text portion of Volume 2.

2.4. The offeror shall submit a complete proposal, with all requested information specified in this section of the solicitation by the due date specified in Block 13 of Standard Form 1442. Proposals must be submitted by Courier (Fed Ex, UPS, DHL, USPS, Etc…) or personal delivery to the below address:

Attn: Mr. John Akin USAC Kansas City District 635 Federal Building 601 E 12th Street, Room 647 Kansas City, Missouri 64106-2824

Regardless of which proposal delivery method is chosen, it is solely the offeror’s responsibility to ensure its proposal is received at the designated Government office prior to the exact time specified for receipt of offers.

2.5. Time for acceptance by the Government of Proposals: All offerors submitting proposals in response to this solicitation agree that the Government shall have not less than 90 calendar days to accept any proposal, after the date indicated for receipt of proposals. In the event the Government cannot award a contract within this 90-day period, any or all offerors may, at their option, extend the date for acceptance of their proposal.

2.6 Page Format Restrictions and Limitations:

2.6.1. Page Limitations: Page limitations shall include typewritten text pages, charts, graphs, figures, diagrams, and schematics, outlines and other similar information, aside from those items specifically stated as exempt from the page count. The contractor’s proposal for Volume I, Factor 1 shall not exceed seven (7) pages. The offeror shall use one page for each project in Volume 1, Factor 1. Pages that exceed this limitation will not be read or considered in the evaluation of the proposal.

2.6.2. Pages Counted: Each page submitted for Volume I, Factor 1 will be counted toward the page limitation. Separator tabs shall only be marked with section / subsection identifiers. Any other information placed on the separator tabs will not be reviewed.

2.6.3. Page Size: The page size of the Offeror’s proposal shall not exceed 8-1/2 by 11 inches.

Pages shall be typewritten except for the reproduced sections of the solicitation document. The font size shall be no less than 10 point. A smaller type may be used on footnotes, charts, graphs, figures, diagrams, and schematics to accommodate a “make to fit” software capability; however, all text shall be legible and easily read. Margins on all four edges of each sheet will be at least one-half (0.5) inch. Proprietary statements, security markings, and page numbers can fall within the defined margin area. Pages shall be numbered sequentially by volume. 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.

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

2.6.4. Indexing: Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to delineate proposal sections by evaluation factor.

2.6.5. Format: The offeror shall submit all required electronic copies of their proposal in the OCR format. Elaborate or lengthy presentations are not necessary and are not desired.

SPECIAL CONTRACT REQUIREMENTS:

FIELD OFFICE OVERHEAD

NOTICE TO BIDDERS: For your bid to be responsive, 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, WILL BE CAUSE FOR YOUR BID TO BE REJECTED

AS NON-RESPONSIVE.

Points of Contact

Contract Specialist: John Akin Phone: 816-389-3577 Email: John.h.akin@usace.army.mil

Project Manager: Zachary Parsons Phone: 816-389-2352 Email: Zachary.a.parsons@usace.army.mil

MAGNITUDE OF PROJECT—CONSTRUCTION

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

_____Less than $25,000

_____Between $25,000 and $100,000

_____Between $100,000 and $250,000

_____Between $250,000 and $500,000

_____Between $500,000 and $1,000,000

_____Between $1,000,000 and $5,000,000

_____Between $5,000,000 and $10,000,000

_XX_Between $10,000,000 and $25,000,000

_____Between $25,000,000 and $100,000,000

_____Between $100,000,000 and $250,000,000

_____Between $250,000,000 and $500,000,000

_____Over $500,000,000

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

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 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 52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.228-1 Bid Guarantee SEP 1996 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price IDIQ MATOC contract resulting from this solicitation.

(End of provision)

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

Per Task Order 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 Per task order

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

Mr. Christopher Anderson

USACE, CT-C

601 E. 12th St Kansas City, MO 64060 816-389-3850 Christopher.W.Anderson@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) Site visits may be arranged during normal duty hours by contacting:

Site Visits will be arranged on the task order level

Section 00 21 16 - Instructions to Proposers

EVALUATION FACTORS:

SOURCE SELECTION EVALUATION FACTORS

1. Source Selection

The Government intends to award up to five (5) contracts that will form the Small Business Road Work MATOC;

however, the Government reserves the right to award more or less than five (5) contracts. In any case, the Government may not award any contract if the resulting contract would not represent a "best value" to the Government.

2. Basis of Award

The evaluation factors are; Price and Non Price Factors of, Similar Work Experience, and Past Performance. In order to be considered eligible for award, the proposal must be considered “acceptable” for each of the non-price evaluation factors. For the purpose of awarding the base ID/IQ contract(s), the price factor will be determined using the price submitted by the offeror(s) for Task Order 0001.

Task Order 0001 is included with this package. The Government intends to award task orders concurrently after award of the base contract(s). Offerors must submit a price for Task Order 0001 in order to be considered eligible for award of a base ID/IQ contract.

As stated, award of the base ID/IQ contracts will be based on the evaluation of pricing for Task Order 0001 only.

Task Order 0001 will be awarded to the lowest price offered for Task Order 0001 from among those Offeror(s) selected for a base contract award.

The Government reserves the right to enter into discussions. In the event that discussions are not necessary then the Government intends to award without discussions, to the responsible offeror whose proposal conforms to the solicitation and is determined to be the Best value to the Government, utilizing LPTA process.

3. 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 who submits the offer that is the Best Value to the Government, utilizing the LPTA process. The process is designed to ensure the impartial, equitable, and comprehensive evaluation of all proposals received in response to this solicitation.

a) Source Selection Organization The source selection organization 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 Evaluation and Cost Evaluation teams. The organization is designed to ensure active ongoing involvement of appropriate contracting, technical, logistics, legal, cost analysis, small business, and other functional staff management expertise.

b) Source Selection Procedure

The source selection procedures will begin with an initial review of proposals and continue with a technical and cost evaluation conducted by the SSEB. The SSEB shall evaluate the proposals based solely on the evaluation criteria identified above. The Government reserves the right to consider and evaluate information regarding past performance from sources outside the proposal. The results of the SSEB evaluations will be presented to the SSA, who reviews the evaluation results of the SSEB to ensure the evaluation process follows the evaluation criteria and the ratings are appropriately and consistently applied.

The SSA will make the final source selection decision or determine whether it is appropriate to engage in clarifications or exchanges prior to the establishment of a competitive range, or to establish a competitive range and conduct discussions with those offerors that are included in the competitive range. All exchanges leading to establishment of the competitive range will be conducted in accordance with FAR Part 15.306(b).

If a competitive range is established, discussions will be conducted with offerors who are included in the competitive range. 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 review the revised recommendations and make the final source selection decision.

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.

4. Evaluation Definitions: Volume 1: FACTOR 1 – Similar Work Experience

a) Rating. The adjective/descriptor assigned by the evaluators to the non-cost/price factors and corresponding subfactors (if any). Proposals are evaluated for acceptability, but not ranked using the non-cost/price factors/subfactors.

b) Factor Rating Definitions.

i. Technical Rating. Assess whether the offeror’s proposal will satisfy the Government’s minimum requirements. Determine whether the offeror’s proposal is acceptable or unacceptable, using the ratings and descriptions outlined below.

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Definition Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

5. Evaluation Criteria: Volume 1: FACTOR 1 – Similar Work Experience

Evaluation Criteria:

The Government will evaluate each submitted project’s extent of recent and relevant experience compared to this project’s size, scope of work, and performance requirements.

A recent project is a project that is complete, or substantially complete within 10 years of this request for technical proposal issue date. If a proposing firm submits a project as substantially complete within the 10 year period, the proposal must include an explanation why that project should be considered substantially complete.

The relevancy of a submitted project must be substantiated by the proposing firm’s role, work, size, scope, and complexity similar to the requirements in this project. In making this determination, the Government will use the following criteria to establish the acceptable relevancy of a submitted project.

Category A “Routine Maintenance”

F-1A. Crack Filling and Sealing.

F-1C. HMA Surface “skin” Patching F-1E. Bituminous Surface Treatment (Chip Seal) F-1F. Surface Sealing Treatment

F-1B. Hot Mix Asphalt (HMA) Pavement Patching – partial & full depth replacement F-1D. Pavement Milling and Hot Mix Asphalt (HMA) Overlay

Category B “New Construction”

F-1I. Curb and Gutter F-1G. Portland Cement Concrete Pavement (PCCP) F-1H. Concrete Sidewalk, Steps, and Ramps F-1O. Culverts F-1P. Guardrails F-1K. Aggregate Base F-1L. Full-Depth Asphalt Pavement F-1J. Excavation and Embankment F-1M. Shouldering -Pavement Edge Wedge F-1N. Slope Protection F-1Q. Pavement Markings

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

If an Offeror wishes to receive credit for the experience of a subcontractor, the Offeror must submit a letter of commitment to use the proposed subcontractor on the project, signed both by the subcontractor and the Offeror. The subcontractor must be projected to play a substantial role in contract performance and this role shall be indicated in the parties’ letter referenced above.

The commitment letter must be submitted even if the subcontractor is in some way affiliated with the Offeror (for example, the subcontractor is a subsidiary of a joint venture partner, or a subsidiary of a firm to which the joint venture partner is also a subsidiary).

Minimum Acceptability Criteria:

A firm’s acceptable proposal for this factor must include:

a. Projects must have a contract value of at least $100,000 to be evaluated.

b. A minimum of one project experience must be submitted for each of the categories.

c. Each project experience must include a minimum of two scopes listed within each category above.

d. Determined to meet the recency requirements above.

e. Determined to meet the relevancy requirements above.

6. Evaluation Definitions: Volume 1: FACTOR 2 – Past Performance.

a) Past Performance Rating. Assess the offeror’s probability of meeting the minimum past performance solicitation requirements. Use the rating descriptions outlined below.

Past Performance Evaluation Ratings Rating Definition

Acceptable Based on the offeror’s 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.

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

7. Evaluation Criteria: Volume 1: FACTOR 2 – Past Performance.

Evaluation Criteria:

The past performance evaluation is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. The Government will at a minimum, evaluate the successful performance of all project examples submitted for Factor 1 and categorize the proposal with one combined evaluation for this factor.

The burden of providing detailed, current, accurate and complete past performance information rests with the proposing firm. If any firm has multiple functions or divisions, the Government will only evaluate past performance of the division or unit submitting the offer or of the team member. The prime contractor will be rated on its own performance. A prime contractor may not establish past performance based on the past performance of its proposed key personnel, apart from that of the entity.

In accordance with FAR 15.305 and DFARS 215.305, the currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis only.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror will be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating will be considered “acceptable.”

The Government may also review past performance information from any sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Assessment Reporting System (CPARS) or other databases using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The evaluation may take into account the number and severity of problems, the demonstrated effectiveness of corrective actions taken, and the overall work record.

At no time during this process, nor during the debriefing, nor after award, will the names of the individuals providing reference information about an offeror’s past performance be revealed to the Offerors or to any other party. If discussions are held, Offerors may be afforded the opportunity to respond to adverse comments made by references in accordance with guidelines identified in FAR Part 15.3. In this case, comments will be extracted and provided to the offeror. Copies of the questionnaires will not be furnished to the offeror and will remain confidential.

Minimum Acceptability Criteria:

Past performance information must be submitted for each project submitted for Factor 1. This amounts to the same Factor 1 maximum of five example projects completed within the last ten years demonstrating the proposing firm’s recent, relevant experience.

The recency and relevancy of each submitted project’s past performance evaluation will use the same determination made during the Factor 1 evaluation. Any additional recency and relevancy determinations of past performance information from other sources available to the Government will follow the same criteria used during the Factor 1 evaluation.

A proposing firm demonstrates acceptable past performance by meeting the minimum submission and past performance solicitation requirements, and based on the offeror’s neutral, satisfactory or higher performance record, the Government has a reasonable expectation that the offeror will successfully perform the required efforts in the requirements. The Government will have confidence in the firm’s probability to successfully supply products and services that meet all of the contract’s plans, specifications requirements.

8. Evaluation Criteria: Volume 2: FACTOR 1 Price

Evaluation Criteria:

Price will be evaluated in comparison to the Initial Government Estimate (IGE) and other proposals received. Price will be ranked in order from lowest price to highest price. Price Team (PT) will evaluate the price factor for the following:

a) Completeness. All price information required by the Request for Proposal (RFP) has been submitted.

b) Reasonableness. The Government will review the prices submitted for reasonableness.

TASK ORDER EVALUATION FACTORS:

This is a multiple award IDIQ contract that permits the Government to award FFP task orders on a competitive basis. Ordering shall be in accordance with FAR 16.505(b), FAR clauses 52.216- 18, 52.216-22 and FAR provision 52.216-27. A single shared maximum order limitation of $20,000,000.00 applies to all orders placed on any of the contracts in the pool. The minimum delivery order limitation is $2,500.00. The first Task Order will be awarded along with the ID/IQ contract. Any other ID/IQ base contracts awarded will be issued on the same date and if not receiving a task order award, will have a minimum guaranteed amount of $2,500.00.

a) Any construction services to be furnished under this contract shall be ordered by issuance of task orders by the activity designated in the Schedule. Such orders may be issued from date of award throughout the established contract period and any option period, if exercised.

b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

c) The contractor shall not proceed with any work under a proposed task order unless approved performance and payment bonds have been received by the Government and work is authorized by a notice to proceed issued by the cognizant CO.

d) If mailed, a task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued by facsimile or by electronic commerce methods and will be considered issued at the time of transmission.

e) The time for completion will be specified in individual task orders. Each task order will specify its own liquidated damage amount. In the event that a task order requires performance that extends beyond the current contract term, the contractor shall be required to complete performance within the period set forth in the task order, provided such period does not extend beyond one year after expiration of the contract.

f) Funds for services to be provided under this contract will be obligated by each individual task order. Each ID/IQ contract will have $2,500.00 obligated against it as consideration to the contractor necessary for contract formation. These funds will normally be taken off the contract by modification when a task order exceeding this amount is issued. The task order when issued becomes the consideration to the contractor.

Task Order issuance procedure.

Task orders will be prepared using a DD Form 1155. Drawings will be furnished via electronic media. All contractors will be provided a fair opportunity to compete for task orders except in the circumstances outlined in FAR 16. 505(b)(2).

Task orders will be award on the basis of FAR 16.5 Indefinite-Delivery Contracts (IDC) and FAR 15.101 Best Value Continuum - Trade-Off or Low Price Technically Acceptable (LPTA) approaches. The Government may also use any one or a combination (hybrid) of the Best Value Continuum approaches:

a) The LPTA approach is appropriate when the best value is expected to result from the selection of the technically acceptable proposal with the lowest evaluated price.

b) The Hybrid approach is appropriate and will be used when a requirement has a low technical complexity factor; all Contractors in the MATOC Pool will then be considered as meeting or exceeding the acceptability standards for non-cost factors and will be awarded on the basis of lowest evaluated price only.

Technical evaluation criteria will be tailored for each specific requirement, but price will always be considered. Past performance on previous task orders may be considered as well as any other technical factors. Simplified responses will be sought from contractors for Best Value, LPTA, and Hybrid task order requirements.

Price analysis will be used to determine the lowest price offer. These techniques may include a comparison to Government estimates, other offers, and pricing…