Solicitation W912DS-09-R-0011.pdf

W16ROE90913898

NAICS Code: 236220, Size Standard $33.5 Million

a. This procurement is a best value solicitation based on the Low est Priced Technically Acceptable (LPTA) source selection process, in the accordance w ith Federal Acquisition Regulation (FAR) 15.101-2. The authority for this action is FAR Part 15.101-2, Low est Price Technically Acceptable source selection process, for the construction of a Fuze Engineering Cmplex at Picatinny Arsenal, New Jersey.

b. Contract Specialist: Mr. Jason L Parker (917-790-8080), or jason.l.parker@usace.army.mil or Technical Manager: Mr. Robert Fleming (917-790-8388).

c.This is a Full and Open (Unrestricted) Procurement.

d.Submit proposals to the Contrating Off ice NO LATER THAN 2PM EST on 1 June 2009.

e. The PRE-PROPOSAL CONFERENCE w ith SITE VISIT is scheduled for 9:00am on Thursday, 7 May 2009. Location is Building 3002, Large Conference Room A, Picatinny Arsenal, NJ. The Pre-Proposal conference w ith Site Visit Form Submittal Point of Contact

NOTE: THERE ARE INCREASED SECURITY MEASURES AT JACOB K. JAVITS FEDERAL BUILDING, 26 FEDERAL PLAZA THAT MAY AFFECT THE TIME IT TAKES TO ENTER THE BUILDING. OFFEROR IS RESPONSIBLE THAT ITS PROPOSAL IS SUBMITTED AT THE TIME SPECIFIED.

OFFEROR IS RESPONSIBLE TO ENSURE PROPOSAL IS SUBMITTED ON TIME.

JASON L PARKER (917)790-8080

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

30-Apr-2009

(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 _______6 calendar days and complete it w ithin ________635 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________6 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________02 Jun 2009 (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

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

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)

212 264-3013FAX:TEL: 212 264-0238 TEL: FAX:

W912DS-09-R-0011 105

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

W912DS-09-R-0011

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

FFP

All costs in connection with the construction of the FUZE Engineering Complex complete as shown on Drawings and as Specified, including all parts, labor and material.

FOB: Destination

MILSTRIP: W16ROE90913898

PURCHASE REQUEST NUMBER: W16ROE90913898

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CCASS/CPARS

FFP

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Construction Contractor Appraisal Support System (CCASS) module is a web-enabled application that supports the completion, distribution, and retrieval of Construction contract performance evaluations (DD Form 2626). Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.csd.disa.mil/ccassmain.htm This CLIN is Not Separately Priced

(NSP).

FOB: Destination

NET AMT

TOTALS

TOTAL AMOUNT CLIN 0001 (BASE ITEM) $____________________________

TOTAL AMOUNT CLIN 0002 (CCASS/CPARS) $__NOT SEPERATELY PRICED

TOTAL AMONT CLIN 0001-0002 $____________________________

NOTES TO OFFERORS

NOTES:

1. Low Offerors for the purpose of price evaluation will be the conforming offeror offering the lowest amount for the total base bid and optional bid item. Award will be made to the lowest priced technically acceptable proposal.

Section 00100 - Bidding Schedule/Instructions to Bidders

00 22 11

SECTION 00 22 11

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF

AWARD – BEST VALUE LPTA

TABLE OF CONTENTS

PARAGRAPH

PAGE

NO. PARAGRAPH TITLE

1.0 NOTICE TO OFFERORS

2.0 GENERAL INSTRUCTIONS

3.0 FACTORS FOR EVALUATION

4.0 EVALUATION PROCEDURES

5.0 BASIS OF AWARD

6.0 REVELANT PROJECT INFORMATION SHEET

7.0 PAST PERFORMANCE CUSTOMER QUESTIONNAIRE

8.0 KEY PERSONNEL RESUME FORM

ATTACHMENT A - Sample Organizational Chart

SECTION 00 22 11

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND BASIS OF

AWARD – BEST VALUE LPTA

1.0 NOTICE TO OFFERORS

1.1 Acquisition

1.1. This is a “Best Value - Lowest Price Technically Acceptable” solicitation, in accordance with FAR 15.101-2, for the Construction of the Fuze Engineering Complex at Picatinny Arsenal, Picatinny, NJ. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value, lowest price technically acceptable, to the Government.

1.2 Target

The target amount for contract award for construction is $22,000,000 for this project. The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this amount.

1.3 Who May Submit - Not Used

1.4 Professional Registration - Not Used.

1.5 Page Limit and Size of Printed Materials

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly address submission requirements as outlined below.

The written portion of the proposal (Volume I - Technical Proposal), however, shall not exceed 90 pages. This does not include drawings or other graphics, Volume II - Cost Proposal, or Volume III - Subcontracting Plan. A page printed on two sides will be counted as two pages.

Pages containing text shall be submitted on 8-1/2 x 11 inch paper. Each page shall be minimally single spaced with a minimum 12-point font and one inch margins all around. Drawings or other graphics shall be reduced only to the extent legibility is not lost and shall be not larger than 11.5 x 17-inch in size, folded in binder.

2.0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.1 Proposal Requirements and Submission

Proposals should be submitted initially on the most favorable terms from a price, small business utilization and technical standpoint. Three (3) separate volumes shall be submitted as Volume I - Technical Proposal, Volume II - Small Business Utilization, and Volume III - Price Proposal. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Do not submit any material not required by this solicitation (such as company or system brochures).

It is assumed that the Offerors will meet all technical portions (construction criteria) of the RFP.

The fact that the technical specifications and the drawings are not evaluated factors during solicitation does not relieve the Offerors from meeting all technical, or other, requirements of the

RFP.

2.2 Where to Submit

Offerors shall submit their proposal packages to the Corps of Engineers (USACE) at the address shown in Block 7 of Standard Form 1442.

2.3 Submission Deadline

The USACE must receive proposals not later than the time and date specified in Block 13 of Standard Form 1442.

2.4 Incurring Costs

The Government is not liable for any costs incurred by the Offerors submitting an offer in response to this solicitation.

2.5 Format Requirements

Submit one (1) original plus seven (7) copies. All proposals shall contain the volume number and the name, address and telephone number of the Prime and Subcontractors, Joint Venture, or other entity identified on the cover. The original proposal must be clearly marked as “ORIGINAL” and the original signatures must be in blue ink. Copies of the proposals must also be clearly marked as “COPY x of y (i.e. COPY 1 of 6)”. Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. Each volume will be submitted separately bound. The proposal shall address and contain the information listed below.

The information will be used by the Source Selection Board to evaluate each proposal. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information will not be evaluated. Proposals that provide only superficial coverage of the information required below, may not receive additional consideration and may be excluded from the competitive range.

Additionally, should the proposal include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be "unacceptable" and thus ineligible for award.

3.0 FACTORS FOR EVALUATION

3.1. VOLUME 1 -TECHNICAL PROPOSAL (FACTOR 1, 2 and 3)

Factor Location Description Relative Importance

FACTOR 1 Vol. 1 TAB A Contractor Past Relevant Experience Factor 1, 2, and 3 are equal

FACTOR 2 Vol. 1 TAB B Contractor Past Performance Factor 1, 2 and 3 are equal

FACTOR 3 Vol. 1 TAB C Qualifications of the Offeror’s Team Factor 1, 2 and 3 are equal

3.1.1. FACTOR 1 - CONTRACTOR PAST RELEVANT EXPERIENCE -

The Offeror will demonstrate past experience of construction by providing recent and relevant Design- Build Experience and/or Design-Bid-Build Experience.

The Contractor shall each demonstrate not less than two (2) but no more than five (5) examples of relevant projects not less than 75% complete or physically completed within the last seven (7) years.

Relevant projects are those which are similar in scope, magnitude and complexity.

Scope is defined as the construction of a facility or complex of at least 30,000 square feet, planned and engineered for commercial or industrial use (i.e. assembly, testing, repair or similar space), which includes administrative space.

Complexity is defined as the management and coordination of multi-disciplined construction teams to complete projects that include the majority of the following types of work: reinforced concrete; steel erection; roofing; plumbing; electrical; HVAC; fire protection; communications; equipment installation and; site work and paving.

Magnitude is defined as the construction of a facility with a contract value of at least $15M.

Physical completion is defined as the date the facility was turned over to, or occupied by the owner.

Past experience may include information regarding predecessor companies, team associations, company’s key personnel, and/or primary subcontractors that will perform major critical aspects of the project (i.e., roofing and HVAC/Mechanical systems) or any project where the principal Offeror was a primary subcontractor (> 35% of total) and their portion of the work is not less than 75% complete.

A minimum of two (2) and no more than five (5) total project information sheets shall be submitted. If more than five (5) project information sheets are submitted, only the first five (5) will be considered.

Information shall be provided on the form found in Paragraph 6.0, of RFP Specification Section 00 22 11 Relevant Project Information Sheet.

Rating Guidelines for Factor 1:

The government will not award to an Offeror that receives less than satisfactory in this factor.

Satisfactory : At least two (2) relevant construction projects of similar scope, magnitude and complexity.

Marginal : The Offeror has only one (1) relevant construction project of similar scope, magnitude and complexity.

Unsatisfactory : The Offeror has not submitted at least one (1) clearly relevant construction project of similar scope, magnitude and complexity

3.1.2. FACTOR 2 - CONTRACTOR PAST PERFORMANCE

Offerors are required to provide a Past Performance questionnaire to their previous Client(s) for their past Client’s input regarding their firm’s and/or that of any past Team Association or sub-contractor’s Past Performance. Offerors shall submit Past Performance questionnaires for each project submitted under factor 1. Projects must be recent (project constructed within the past seven (7) years), relevant projects of similar in scope. Instructions will be included in the RFP informing offerors to fax or Email their completed questionnaires directly to the Corps of Engineers, Contract Specialist.

In addition to the questionnaires, the Offeror is required to provide information on past projects (within the past seven (7) years) in which they have been issued a CURE NOTICE and provide accompanying information as to the details for such action(s) with an explanation of why they were issued a cure notice.

Rating Guidelines for Factor 2

The Government will not award to an Offeror that receives an unsatisfactory rating in this factor:

Satisfactory : Based on Offeror’s past performance record, no doubt exists that Offeror will successfully perform the required effort.

Marginal: Based on the Offeror’s past performance record, some doubt exists that the Offeror will successfully perform the required effort.

Unsatisfactory : Based on the Offeror’s past performance record, extreme doubt exists that the Offeror will successfully perform the required effort.

Unknown : No relevant past performance is identifiable upon which to base a meaningful performance risk prediction. A search was unable to identify any relevant past performance information for the Offeror or the key team members/subcontractors or their key personnel. This is neither a negative nor positive assessment.

3.1.3 FACTOR 3 - QUALIFICATIONS OF THE OFFEROR’S TEAM

The Offeror shall provide the following to show qualifications of the team:

The Offeror shall identify the areas and percent of work (construction) they intend to self perform and the areas and percent of work (construction) intend to subcontract along with the names of significant subcontractors.

Provide an Organization Chart showing Key Personnel for the Offeror's Construction Team. At a minimum, the organizational chart shall identify the Key Personnel, the contractor and significant subcontractor entities, their responsibilities, structure and lines of authority. At a minimum, the following Key personnel shall be identified by name within the chart: Contractor’s (Offeror’s) Project Manager;

Construction Quality Control Manager (and alternate); Superintendent, and; the Construction Manager and/or Superintendent(s). A sample organizational chart is provided in Specification Section 00 22 11 Attachment A for information only. The Contractor (Offeror) shall develop its own chart, unique to and specific to their organization and team. Individual resumes in the format found in Specification Section 00 22 11, Paragraph 8.0, Key Personnel Resume Form, shall be provided and that includes the following information:

a. Name.

b. Management title on this project.

c. Number of years with firm and other firms.

d. Number of years in this management title or role.

e. Specialization.

f. Education, apprenticeship, and relevant training.

g. Professional registration.

h. Specific experience and qualifications relevant to this project.

Expected roles and responsibilities of Key Personnel:

Contractor's Project Manager: (Overall Manager of the Project)

(1) Performs all project management duties of the project.

(2) Serves as the Governments' sole point of contact in all matters relating to work including, but not limited to, contract compliance, progress of work, overall project scheduling, financial matters, and change orders.

(3) Attends all job meetings.

(4) On-site a minimum of 80% of the time.

(5) The Overall Project Manager shall have a minimum of six years of project management experience in construction on projects of comparable complexity, scope and cost.

Construction Quality Control Manager: (Principal in Charge of Construction Quality Issues and Coordination of Construction Quality Control)

(1) The Contractor shall identify the Construction Quality Control Manager as an individual within his organization that is completely responsible for all Construction Quality Issues and shall perform coordination between the contractor, subcontractors, and any Independent Testing Labs and have the authority to act in all construction quality control matters for the prime contractor. During construction this person shall be onsite at all times performing Construction Quality Control duties to include, but not limited to, implementation of the three-phase inspection system for all aspects of the construction work specified. This person shall have complete authority in all aspects of Construction Quality control. The prime contractor shall provide a letter to designate the duties and responsibilities of this person.

(2) The Construction Quality Control Manager shall meet one of the following requirements: a) Have a Bachelors of Science from an accredited engineering, architecture, or a construction management college and a minimum of two years experience in construction. b) Shall have a minimum of four years of construction experience at a minimum level of a project superintendent.

(3) Attends a bi-monthly coordination meeting during the construction phase to discuss coordination and quality issues.

(4) On-site at all times during construction performing construction quality control duties.

(5) Has no other duties except construction Quality Control but they may also serve as the safety manager.

(6) Directly employed by the prime contractor, or will be at the time of award with a signed letter of intention included.

(7) Reports directly to the President/Owner of the Prime Contractor.”

Superintendent / Subcontractor Manager: (Overall Field Manager Responsible for Construction)

(1) Performs all superintendent duties required of the Contractor.

(2) Serves as the Governments’ On-site point of contact in all matters relating to the work including, but not limited to, scheduling of work, utility interruptions, and testing.

(3) Attends all job meetings.

(4) On-site at all time during all construction activities.

(5) Serves under, and reports directly to, the Contractor's Project Manager.

(6) The On-Site Construction Superintendent shall have a minimum of six years construction experience on projects of comparable complexity, scope and cost.

(7) Shall have no other duties except Superintendent.

Rating Guidelines for Factor 3

The Government will not award to an Offeror that receives an unsatisfactory rating in this factor.

Satisfactory : Proposal meets most of the solicitation requirements with the exception of minor deficiencies that leave no doubt as to the qualifications of the team’s ability to meet the solicitation requirements.

Marginal: Proposal meets some of the solicitation requirements. Some areas and/or percent of work were not identified for the Offeror and/or the subcontractors, and/or names of subcontractors were not identified OR some key personnel did not meet the required education and/or training and/or experience necessary to perform the work as proposed.

Unsatisfactory : The organizational chart fails to show the key personnel by name, responsibilities, structure and lines of authority or fails to demonstrate adequate personnel, responsibilities, structure or line of authority OR the minimum qualifications are not met for any one of the following: Project Manager, Superintendent, Construction Quality Control Manager.

3.3. VOLUME 2 - PRICE PROPOSAL

Factor/Sub Factor

Location Description Relative Importance

N/A Vol. 3 TAB A Price (Standard Form 1442 and Proposal Bid Schedules)

Not Rated

N/A Vol. 3 TAB B Bid Bond Not Rated

N/A Vol. 3 TAB C Self-Performed Work Not Rated

N/A Vol. 3 TAB D Required Pre-Award Information Not Rated

*NOTE - The Government will evaluate price independently from the technical evaluation. Price will not be rated, but will be evaluated for fairness and reasonableness through the use of a price analysis.

The price evaluators will also check for appearance of unbalancing of bids. Offerors are cautioned to include costs in the appropriate bid items, and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc. to the appropriate bid items.

3.3.1 GENERAL

Submit the Pro Forma information in a separate envelope labeled: “Volume 3 - Pro Forma Requirements.”

3.3.2 TAB A - PRICE (STANDARD FORM 1442, PROPOSAL DATA SHEET AND CONTRACT

LINE ITEM SCHEDULE)

3.3.2.1. Submission Requirements:

3.3.2.2. Submit the properly filled out and executed SF 1442, along with the CLIN Schedule, containing proposed line item and total pricing, as well as the proposed contract duration. See instructions in Section 00 21 00, “Instructions to Offerors”. Submit the Proposal Data Sheet, Attachment 10.

3.3.2.3. Supplemental Cost Breakdown. If deemed necessary to evaluate the price proposals, the Government’s will request a cost breakdown of the Contract Line items in a sealed envelope marked “Cost Breakdown Information”, in Excel format. The Government will provide details on where and how to send the breakdown. This information will not be needed sooner than three working days after the proposal submission due date. This information may be required for the initial proposal and, if requested, for any revised proposals. This information is not an opportunity for an Offeror to revise its non-price or price proposal.

3.3.2.4. Evaluation Criteria:

3.3.2.5. Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract.

3.3.2.6. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

3.3.3 TAB B - BID BOND

3.3.3.1. Submission Requirements:

3.3.3.2. Submit the Bid Bond in accordance with the Instructions in Section 00 21 00, “Instructions to Offerors”.

3.3.3.3. Evaluation requirements:

This item is not rated. The Government will review the Bid Bond for legal sufficiency. The Bond must be legally sufficient.

3.3.4 TAB C - SELF-PERFORMED WORK

3.3.4.1. Submission Requirements:

3.3.4.2. The Offeror shall confirm that it understands and that it shall perform the amount of work required to be self-performed, in accordance with the appropriate clause in Section 00 72 00 that applies to the contract performance.

3.3.4.3. Evaluation Requirements:

This item is not rated. In order to assure adequate interest in and supervision of all work, the Contractor shall be required to perform a significant part of the contract with its own forces. This public policy is expressed in various Statutes, as well as in the Federal Acquisition Regulations and in the Small Business Administration Code of Federal Regulations. The Offeror must confirm that it understands the amount of work performed, based on the status of the Offeror, and that it will self perform the required amount of work with its own forces. For purposes of these clauses, work that is performed off-site, such as factory fabrication or factory assembly of modules, or direct design work, may also be taken into account as self-performed work.

3.3.5 TAB D - REQUIRED PRE-AWARD INFORMATION

3.3.5.1. Submission Requirements:

Submit this information for the Contracting Officer’s determination of Offeror responsibility, which includes, but is not limited to the following:

(1) A list of present commitments, including the dollar value thereof, and name of the organization under which the work is being performed. Include names and telephone numbers of personnel within each organization who are familiar with the prospective contractor’s performance.

(2) A certified statement listing; (1) each contract awarded within the preceding three month period exceeding $1,000,000.00 in value with a brief description of the contract; and (2) each contract awarded within the preceding three year period not already physically completed and exceeding $5,000,000.00 in value with a brief description of the contract.

(3) If the prospective contractor is a joint venture, each joint venture member will be required to submit the above defined certification.

3.3.5.2. One copy of the following information shall be provided:

(1) Proof of Financial Ability (Most recent financial statement covering assets and liabilities)

(2) Number of years the firm has been in business

(3) Name, address and telephone number of firm’s bonding company

(4) Information showing Offeror’s bondability for this project. Include the bond rate.

(5) Name, address and telephone numbers of two credit/trade references.

3.3.6 Evaluation Criteria:

In addition to the other proposal information, the Contracting Officer shall use this information in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR Part 9.

4.0 EVALUATION PROCEDURES

4.1. SOURCE SELECTION EVALUATION BOARD (SSEB)

4.1.1. The SSEB will be established to conduct the evaluation of proposals received in response to this solicitation. The evaluation will be based on the content of the proposal and any subsequent discussions required, as well as information obtained from other sources, e.g. past performance information. The SSEB will not consider any information incorporated by reference.

4.2. EVALUATION

4.2.1. The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor, except that performance risk ratings are assigned to past performance (see below).

4.2.2. The Government intends to award without discussions. A “Competitive Range” is a subjective determination of the most highly rated proposals in the event that discussions with Offerors are required or considered to be in the Government’s best interests. In such an event, the Contracting Officer will establish a competitive range of all the most highly rated proposals.

4.2.3. If discussions are held, the Government may engage in a broad give and take with each Offeror in the competitive range, in accordance with FAR 15.306 (d). The Government will provide the Offeror an advance agenda for the discussions. During discussions, the Government may ask the Offeror to further explain its proposal and to answer questions about it.

4.2.4. Upon conclusion of discussions, those Offerors still considered the most highly rated, will be afforded an opportunity to submit their proposal revisions for final evaluation and selection.

4.3. DEFINITIONS

4.3.1. Deficiency

A material failure of a proposal to meet a Government requirement, where correction of this error is not possible without major revisions to the proposal, or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level or when a failure to meet the RFP requirements is a life/safety issue.

4.3.2. Weakness

A flaw in the proposal that increases the risk of unsuccessful contract performance but is easily correctable. Successful contract performance is defined by customer satisfaction.

4.3.3. Significant Weakness

As flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Successful contract performance is defined by customer satisfaction.

4.3.4. Strength

An aspect of a proposal that appreciably decreases the risk of unsuccessful contract performance or that represents a significant benefit to the Government. A strength can only exist in area of the proposal that are not covered by prescriptive RFP requirements.

4.3.5. Uncertainty

Any aspect of the proposal for which the intent of the Offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

4.3.6. Deviation

Proposal implies or specifically offers a deviation below the specified criteria. The Offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

4.4. EVALUATION RATING SYSTEM -

4.4.1. General: The Government will review the proposals and rate the quality of each evaluation factor.

The SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements.

They will not compare proposals at this time. After all proposals are rated, the Government will compare the ratings and relative advantages and disadvantages of proposals against each other.

4.4.2. Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

4.5. PAST PERFORMANCE RISK RATINGS

4.5.1. Risk ratings shall be done for the Past Performance factor, Factor 2. Past Performance Risk Ratings assess the risks associated with each Offeror's likelihood of success in performing the requirements stated in the RFP based on the Offeror's demonstrated performance on recent contracts.

SSEB members and the SSA may use personal knowledge or information from other sources in its evaluation of an Offeror’s past performance, provided such information is consistent with the established evaluation criteria of the RFP. Offerors that have no relevant performance record will be given a neutral/unknown risk rating for these factors.

(i) Unknown Risk: Little or no relevant performance record identifiable; equates to an unknown risk rating having no positive or negative evaluation significance.

(ii) Low Risk: Little doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort.

(iii) Moderate Risk: Some doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort

(iv) High Risk: Significant doubt exists, based on the Offeror's performance record, that the Offeror can perform the proposed effort.

5.0 BASIS OF AWARD

5.1. The Government will award a firm fixed price contract to the responsible Offeror whose technically acceptable proposal represents the lowest price. No award will be made to an Offeror receiving either:

• An Unsatisfactory rating in any evaluation factors (Factors #1, #2, and #3).

OR

• A rating below Satisfactory in Factor #1

OR

• A Satisfactory rating in Factor#1 but having two Marginal ratings in Factors #2 and #3 .

5.2. The basis of award will be the Government’s assessment as to which proposal receives an acceptable rating and is the lowest price. Offerors that do not receive and acceptable rating, will not be selected, regardless of their price (lowest Offeror may not be selected). Overall technical merit will be assessed by a consideration of the color rated evaluation factors. Price will be evaluated for fairness and reasonableness.

5.3. Offerors have been reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of an acceptable proposal without discussions, if deemed to be in the best interests of the Government.

6.0 REVELANT PROJECT INFORMATION SHEET

PRIME CONTRACTOR/SUBCONTRACTOR EXPERIENCE

Company/Firm Name: ___________________________________________________________

Project Name: __________________________________________________________________

Project Location: ________________________________________________________________

Project Size (i.e.; square foot area): _____________________________________

Project Relevance (i.e.; office, educational, etc.): ____________________________________

Type of Contract (design-build or design-bid-build): ___________________________________

Role (i.e. prime, joint venture, sub-contractor) and work Company/Firm self-performed on this project:

Project Award Amount: _________________ Project Completion Amount: _______________

Project Original Contract Duration and Completion Date: _______________________________

Project Final Contract Duration and Completion Date: _________________________________

Client/Agency (if Government, give contract number and name of Contracting Officer):

Client/Agency Point of Contact, Phone Number and Address (if Government, give contract number and name of Contracting Officer):

Designer of Record: ____________________________________________________________

Construction Contractor and Subcontractor(s): _______________________________________

Overall Design and/or Construction Project Manager: ____________________________________

Project Architect: ______________________________________________________________

Mechanical Engineer: ___________________________________________________________

Electrical Engineer: _____________________________________________________________

On-Site Construction Superintendent: _______________________________________________

Quality Control Engineer/Manager: _________________________________________________

7.0 PAST PERFORMANCE CUSTOMER QUESTIONNAIRE

The Offeror/Contractor listed is being considered in a Source Selection by the US Army Corps of Engineers, New York District. This is a request for past performance information on a project the Offeror has identified as being relevant to this solicitation. This information will be used in the evaluation of the Offeror's performance of that project. The following information, once submitted, will be treated as confidential and will not be released. This information will only be used to evaluate this Offeror for this solicitation. Please complete the following questionnaire utilizing the following guidance:

a. Handwritten responses are sufficient.

b. Circle a rating as listed below and provide a brief supporting narrative for your area of administrative responsibility. In the event of any unsatisfactory performance, please describe the cause and corrective actions, and any other pertinent information relative to the contractor's inadequate performance.

c. The assessment questions contained in this questionnaire shall be rated pursuant to the following definitions:

Exceptional (E) - Indicates the contractor's performance exceeded the contractual requirements.

Satisfactory (S) - Indicates there were no major problems that were not quickly and effectively solved by the contractor, and the contractor was meeting all contractual requirements.

Marginal (M) - Indicates the area of evaluation contained major problems that were not effectively solved by the contractor. The contractor met basic contract requirements with assistance from the customer. Please include any written documentation supporting this rating.

Unsatisfactory (U) - Indicates a serious problem existed on the part of the contractor that precluded the contractor from meeting the contractual requirement(s). Please include any written documentation supporting this rating.

N/A - Not applicable or observed.

d. Please return the completed forms to the US Army Corps of Engineers, New York District at the following mailing address or via fax to (212) 264-3013 (Attn: Jason L Parker):

US Army Corps of Engineers, New York District Attn: Contracting Division, Room 1843 Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278-0090

Jason.l.parker@usace.army.mil

PAST PERFORMANCE CUSTOMER QUESTIONNAIRE

PROJECT: Fuze Engineering Complex at Picatinny Arsenal, Picatinny, NJ

“The U.S. Army Corps of Engineers, New York District, is interested in your assessment of the name company’s “past performance”. Past performance refers to the company’s record of conforming to contract requirements and to standards of good workmanship; the company’s record of forecasting and controlling costs; the company’s adherence to contract schedules including administrative aspects of performance; the company’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the company’s general business-like concern for the interest of the customer. These questions relate to work performed by:

Contractor under review: (Insert Company Name) Name and Location of Project:

Respondent Identification:

Name Date Company/Organization Position/Job Title Telephone Number

Questionnaire:

1. Is the information provided by the contractor on the attached Project Information Sheet accurate and correct to the best of your knowledge? Yes ( ) No ( )

2. What type of work did the contractor perform?

3. How would you rate the contractor's overall performance?

E S M U N/A

4. How would you rate the contractor's overall corporate management, integrity, reasonableness, and cooperative conduct?

E S M U N/A

5. How would you rate the contractor's quality control program and performance on delivery of quality work?

E S M U N/A

6. How effective was the contractor in meeting completion requirements including punch list items and warranty work?

E S M U N/A

7. How efficient and timely were the services performed (compliance with the schedules of completion)?

E S M U N/A

8. Please circle the statement that best describes your feelings with regard to the contractor.

a. They were an outstanding contractor in every respect. Problems were solved in a spirit of teamwork. Quality work, timely actions, and complete documentation were routinely achieved.

We would pay a premium price to contract with them again.

b. They were an above average contractor to whom we would not hesitate to award to again.

Problems encountered were minor and solutions were found with little difficulty.

c. They were an average contractor meeting the minimum requirements of the contract.

Performance deficiencies improved when identified by the client/agency.

d. They were a below average contractor. Numerous problems developed that were a result of their lack of cooperation and failure to perform as required. An aggressive inspection program was required to ensure compliance.

e. They were a poor contractor who we would not want again under any circumstances. We would have been within our rights to terminate them for default.

f. None of the above. Please provide your statement.

9. Was the contractor given any of the following (or anything of a similar nature)?

Cure Notice: Yes No Show Cause Notice: Yes No Termination for Default: Yes No

10. If there are any additional comments, information, etc. that you would like to add to the survey that does not fall into any of the above categories, please indicate below:

Return to:

U.S. Army Corps of Engineers, New York District 26 Federal Plaza Room 1843 Attn: Contracting Division (Jason L Parker) New York, N.Y. 10278-0090

917-790-8172 (Phone) 212-264-3013 (Fax)

8.0 KEY PERSONNEL RESUME FORM

Name:________________________________________________________________________

Management Title:______________________________________________________________

Number of Years: With this firm _______________________ With other firms______________

Number of Years in this position or role: ___________________________________________

Specialization: _________________________________________________________________

Professional Registration (Type and State of Registration): _____________________________

Experience and Qualifications Relevant to this Project: _________________________________

ATTACHMENT A

Sample Organizational Chart

CONTRACTOR

PROJECT MANAGER

(PM)

SUPERINTENTDENT

SUBCONTRACTOR

MANAGER

CONSTRUCTION

QUALITY CONTROL

MANAGER

(ALTERNATE)

*1 SAFETY MANAGER

*1 – One of the Design Team Members may serve as Design Team Leader *2 – The Design Quality Control Manager or the Construction Quality Control Manager may serve as the Safety Manager, but shall have no other duties.

Shall work on this project Full-Time.

ALL PERSONNEL MUST MEET ALL QUALIFICATION REQUIREMENTS FOR EVERY POSITION HELD.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.215-6 Place of Performance OCT 1997 52.219-28 Post-Award Small Business Program Rerepresentation JUN 2007 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.223-7001 Hazard Warning Labels DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of clause)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $33,5000,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation,…