Final_RFP_PN79681_FY14_ECIP_STEAM_TO_GAS_Conversion_W912DS-15-R-0008_West_Point_NY_Solicitation_Package.pdf

NEW YORK DISTRICT

Request for Proposal

Design Build

ECIP Steam to Gas Conversion

United States Military Academy

West Point, New York

PN 79681

Specifications

26 May 2015 e3endfd3 Typewritten Text 26 May 2015 e3endfd3 Typewritten Text e3endfd3 Typewritten Text

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26 May 2015

NEW YORK DISTRICT

CORPS OF ENGINEERS

NEW YORK, NEW YORK 10278-0090

REQUEST FOR PROPOSAL

DESIGN BUILD

ECIP Steam to Gas Conversion United States Military Academy

West Point, New York

1. Attached is REQUEST FOR PROPOSAL (RFP) NO.

2. OFFERS MUST BE SET FORTH full, accurate, and complete information as required by this Request for Proposal, including attachments. The penalty for making false statements in offers is prescribed under Title 18, United States Code, Section 1001.

3. SUBMISSION OF OFFERS: Complete details concerning proper submission of offers are contained in the INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS (Section 00 21 16).

4. Note the REQUIREMENT FOR AFFIRMATIVE ACTION of the EQUAL OPPORTUNITY clause as it applies to the contract resulting from this solicitation.

(See paragraph NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT FOR CONSTRUCTION OPPORTUNITY in Section 00 72 00 of this RFP).

5. REPRESENTATIONS AND CERTIFICATIONS - SECTION 00 45

00 Offerors are required to complete the REPRESENTATIONS AND CERTIFICATIONS and submit them with their offers.

Within Section 00 72 00, note in particular the PROHIBITION OF SEGREGATED FACILITIES. Failure of an offeror to agree to the certification will render his offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause

(2015 APR).

W912DS-15-R-0008

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Request for Proposal, Design Build, ECIP Steam to Gas Conversion, USMA, West Point, NY

REQUEST FOR PROPOSAL

DESIGN BUILD

Request for Proposal Design Build

FY14 ECIP Steam to Gas Conversion United States Military Academy

West Point, NY

TABLE OF CONTENTS

Section Title

00 10 00 SF 1442 AND BIDDING SCHEDULE

(to be provided by Contracting Division)

00 21 16 INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

(to be provided by Contracting Division)

00 22 10 PHASE ONE OF TWO PHASE DESIGN-BUILD SELECTION

PROCEDURES

00 22 20 PHASE TWO OF TWO PHASE DESIGN-BUILD SELECTION

PROCEDURES

00 45 00 REPRESENTATIONS AND CERTIFICATIONS AND OTHER

STATEMENTS OF BIDDERS

(to be provided by Contracting Division)

00 72 00 CONTRACT CLAUSES

(to be provided by Contracting Division)

00 90 00 WAGE RATES

(to be provided by Contracting Division)

00 73 00 SPECIAL CONTRACT REQUIREMENTS

TECHNICAL PROVISIONS

DIVISION 01 - GENERAL REQUIREMENTS

1 10 10 PROJECT DESCRIPTION AND DESIGN REQUIREMENTS

01 12 00 DESIGN SUBMISSION REQUIREMENTS AFTER AWARD

01 12 00.00 18 DESIGN AND RECORD DRAWING REQUIREMENTS

01 32 01.00 18 PROJECT SCHEDULE

01 33 00.00 18 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 02.00 18 QUALITY CONTROL SYSTEM (QCS)

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Request for Proposal, Design Build, ECIP Steam to Gas Conversion, USMA, West Point, NY

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01 45 04.00 18 CONTRACTOR QUALITY CONTROL

01 45 20.00 18 TESTING FOR MECHANICAL AND ELECTRICAL SYSTEMS

01 52 60.00 18 CONSTRUCTION INDOOR AIR QUALITY (IAQ)

MANAGEMENT

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 62 35 RECYCLED/RECOVERED/BIOBASED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00.00 18 CLOSEOUT SUBMITTALS

01 78 23.00 18 OPERATION AND MAINTENANCE DATA

a. Project: Steam to Gas Conversion U.S. Military Academy West Point, NY

b. This is a Tw o Phase Design Build Low est Priced Technically Acceptable (LPTA) procurement IAW FAR 36.301

c. This Procurement is 100% Set Aside for Service Disabled Veteran Ow ned Small Business (SDVOSB) concerns.

d. The Estimated cost range for this project is $5,000,000 and $10,000,000.

NAICS Code: 236220; Size Standard: $36.500.000.00

e. NOTE: this is a Tw o Phase Solicitation, the bid schedule and section 00 22 20 is included for information purposes only. If your company is selected from Phase one to participate in the next phase, you w ill be required to complete the Bid Schedule and comply w ith section 00 22 20 in its entirety. Phase Tw o proposals w ill be due no later than 17 September 2015. DO NOT SEND Bid Schedule w ith Phase One.

Submit Proposals no later than the date and time stated in Block 13, or as amended, to:

U.S. Army Corps of Engineers, Contracting Division, Room 1843 26 Federal Plaza New York, NY 10278-0090

Due to heightened security at U.S. Government installations, all Offerors are instructed to allow ample time to get through security check, in order to have their Proposals delivered before 2:00 PM EST to the address above.

RIPPERT P ROBERTS III (917)790-8173

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

22-Jul-2015

(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 _______5 calendar days and complete it w ithin ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________21 Aug 2015 (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 is, X is not required.

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

D. Offers providing less than _______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: (917)790-8173 TEL: FAX:

W912DS-15-R-0008 166

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - SOLICITATION/CONTRACT FORM

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

PN79681 FY15 ECIP Steam to Gas

FFP

Complete design of the base bid in accordance with section 01 12 00 of the RFP.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

PN79681 FY15 ECIP Steam to Gas

FFP

All work associated with construction of the base bid in accordance with section 01 10 00 minus optional items listed below.

FOB: Destination

NET AMT

0003 Job

PN79681 FY15 ECIP Steam to Gas

FFP

Trench Rock Excavation FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003AA 40 Cubic

Yard Trench Rock Excavation

FFP

All work associated with trench rock excavation including mobilization and demobilization, submittals, existing utility verifications and all labor, equipment and materials necessary to plan, control, monitor, excavate, contain and provide temporary stabilization for the rock slope(s) in accordance with the solicitation FOB: Destination

NET AMT

0003AB 400 Cubic

Yard Trench Rock Excavation

FFP

All work associated with excavation of additional trench rock FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job OPTION PN79681 FY15 ECIP Steam to Gas

FFP

Option Item #1- Complete design of option item #2 - (CLIN 0005).

FOB: Destination

NET AMT

0005 1 Job OPTION PN79681 FY15 ECIP Steam to Gas

FFP

Option Item #2 - All work associated with the installation of the chilled water distribution as per section 01 10 00 of the RFP

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Job OPTION PN79681 FY15 ECIP Steam to Gas

FFP

Trench Rock Excavation (pertaining to Opt #2) FOB: Destination

NET AMT

0006AA 40 Cubic

Yard OPTION Trench Rock Excavation for Option #2

FFP

All work associated with trench rock excavation including mobilization and demobilization, submittals, existing utility verifications and all labor, equipment and materials necessary to plan, control, monitor, excavate, contain and provide temporary stabilization for the rock slope(s) in accordance with the solicitation.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006AB 400 Cubic

Yard OPTION Trench Rock Excavation for Option #2

FFP

All work associated with excavation of additional trench work.

FOB: Destination

NET AMT

0007 1 Job OPTION PN79681 FY15 ECIP Steam to Gas

FFP

Option Item #3 – All work associated with removal of the abandoned steam line along Thayer Road as per section 01 10 00 of the RFP.

FOB: Destination

NET AMT

TOTAL

TOTAL BASE BID (CLINs 0001 thru 0003B) $____________________

TOTAL OPTIONAL (CLINs 0004 thru 0007) $____________________

TOTAL BASE PLUS OPTIONAL (CLINs (0001 thru 0007) $____________________

NOTES:

PRICE PROPOSALS SHALL BE SUBMITTED WITH PHASE 2 PROPOSALS ONLY. DO NOT SUBMIT

PRICES WITH PHASE 1 PROPOSALS.

(1) Total Offer shall include all costs associated with each item number including all bonding, overhead and profit.

(2) Offerors must submit a price for every CLIN. Failure to do so may result in Offer being unacceptable.

(3) CLIN 1, Design, includes all costs for efforts related to the assumption of all design liability and completion of design as well as any related costs for the contractor’s coordination. Designer coordination for efforts during construction shall be distributed amongst the construction CLINs.

(4) At the option of the Government, the Government may require the Offeror to perform the work identified as Optional line items (CLINs 0003 thru 0005) at the price stated in the CLIN schedule. The Government may exercise one or more at time of award or within 365 calendar days after issuance of notice to proceed. There is no separate completion period for the optional items. The work must be completed within the contract duration proposed below. The Government is under no obligation to award any options. The Government will not exercise the construction option with out exercising the design option for Option Item #2.

(5) Proposed Contract Duration is 720 Days.

(6) UAI clause 52.211-5001 applies to CLIN 0003A, 0003B, 0006A, 0006B.

CPARS

CPARS

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. The Contractor Performance Assessment Reporting System (CPARS) is a web-enabled application the supports the completion, distribution and retrieval of all contract performance evaluations. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on the Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

Section 00 20 00 - BUILDING SCHEDULE/INSTRUCTION TO OFFERORS

GENERAL INSTRUCTIONS

Electronic Submission: In addition to the hard copies required in block 13 of the Standard Form 1442, all offerors shall submit their bids on a CD-ROM. Written portions of the bid shall be in MS Word or Adobe Acrobat PDF format. The electronic version shall be either a single file tabbed in the same order as the hard copy or multiple files hyperlinked to a single table of contents. Any portion of the bid not available in electronic format, i.e. cut sheets, if applicable, should be scanned in Adobe Acrobat PDF format, thus making it available electronically. The CDROM must be clearly labeled by solicitation number, project name, installation, and offeror’s name. The CD-ROM shall be marked with a label stating “Unclassified//Controlled Unclassified Info.” In the event of any conflict between the electronic submission and the hard copy submission, the hard copy submission will govern and will be the material upon which the Government bases its evaluation and ultimately, its decision. Electronic media may be submitted in an un-editable format.

Section 00 21 16 - INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFEROR

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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

2014)

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

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

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

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

(End of provision)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Domestic construction material means--

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

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

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

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

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

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

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

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

(End of clause)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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

US Army Corps of Engineers 26 Federal Plaza, Room 1843 New York, NY 10278

(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:

Name: Jefferey Friese Address:

Telephone: 845-938-8314 Email: Jefferey.Friese@usace.army.mil

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

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

https://www.acquisition.gov/far http://farsite.hill.af.mil/vfdfara.htm

CLAUSES INCORPORATED BY FULL TEXT

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 24 00 - EVALUATION FACTORS FOR AWARD

SECTION 00 22 10

SOLICITATION SECTION 00 22 10

PHASE ONE OF TWO PHASE DESIGN-BUILD SELECTION PROCEDURES

OVERVIEW

GENERAL INSTRUCTIONS

PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

TAB A – FACTOR 1 – SPECIALIZED EXPERIENCE

SUBMISSION REQUIREMENTS

EVALUATION CRITERIA

TAB B – FACTOR 2 – PAST PERFORMANCE

SUBMISSION

REQUIREMENTS

EVALUATION CRITERIA

TAB C – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

PHASE 1 EVALUATION PROCEDURES

SOURCE SELECTION EVALUATION BOARD

(SSEB) EVALUATION

DEFINITIONS

EVALUATION AND RATING SYSTEM

PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING SYSTEM

PHASE ONE – SECTION 00 22 10 ATTACHMENTS

1 – PROPOSAL DATA SHEETS

2 – PAST EXPERIENCE CONSTRUCTION OF PRIME CONTRACTOR

1.0 OVERVIEW

This is the first phase of a two phase solicitation, in accordance with FAR 36.3, for all work described in this solicitation. 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 top rated proposal from phase one evaluations and the lowest price technically acceptable, to the Government from the phase two proposal evaluations.

In Phase one of the two phase design-build selection procedure, interested firms or joint venture entities (referred to as”offerors”) submit specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation.

The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will short-list no more than five (5) of the Phase one offerors to compete for the design-build contract in Phase two.

In Phase two, the short-listed offerors will submit proposals in accordance with Section 00 22 20.

2.0 GENERAL INSTRUCTIONS

2.1 Who May Submit - This procurement is set aside for Service Disabled Veteran Owned Businesses (SDVOB). Any legally organized SDVOB may submit a proposal. All Offerors must be registered in the System for Award Management (SAM) (https://www.sam.gov).

2.2 Prospective Offerors should submit inquiries related to this solicitation only by e-mail to:

E-MAIL ADDRESS: Rippert.P.Roberts@usace.army.mil and NYDContracting@usace.army.mil Include the solicitation number, and project title with any questions/clarifications. Written questions must be received by this office not later than 7 calendar days prior to the date set for receipt of offers. TELEPHONE

INQUIRIES WILL NOT BE ACCEPTED.

Oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public proposal opening and no information will be given out as to the number of Offerors or the results of the competition until all awards are made.

2.3 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 phase one proposal shall not exceed 50 pages. A page printed on two sides will be counted as two pages.

Any sheet with printed material (text or graphics), including dividers, cover sheets, summaries, etc. shall be considered a page. All sheets shall be submitted on 8-1/2 x 11 inch or A4 paper. Each page shall be minimally single spaced with a minimum 12-point font and one inch margins all around. Each page of Volume I shall be numbered sequentially.

2.4 Joint Ventures

a. When an Offeror is submitting a proposal as a joint venture, all members of the joint venture must sign the SF 1442 and any financial surety instrument that is required, unless a written agreement by all members of the joint venture is furnished with the proposal designating one firm with the legal authority to bind the other member(s) of the joint venture. Signatures on the written agreement designating one member of the joint venture as having legal authority to bind all other members of the joint venture must be executed by the duly authorized representatives of the respective joint venture members. All joint venture members will remain jointly and severally liable for all actions, representations, and other activities by the joint venture and by other joint venture members in connection with this solicitation and subsequent contract. A copy of the joint venture agreement and agreement providing evidence of the authority to legally bind all other members of the joint venture must be submitted with the Offeror’s proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. All Joint Ventures must be registered in the System for Award Management (SAM) (https://www.sam.gov).

b. If submitting a proposal as a joint venture, the experience, past performance, and other information about each of the joint venture partners can be submitted for the joint venture. The experience of each joint venture partner will be considered the experience of the joint venture entity. Joint ventures must also submit the following additional documentation:

1) A copy of the Joint Venture Agreement.

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

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

ii. The structure of the joint venture and decision making responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work under the contract.

iii. Identification of key personnel having the authority to bind the joint venture to any and all agreements, including any subcontracts, executed by the joint venture.

iv. Identification of party or parties maintaining the joint venture bank accounts for the payment of all expenses and the deposit of all receipts, keeping the books and records of the joint venture, and paying applicable taxes for the joint venture.

v. Identification of party or parties having overall control of the joint venture.

c. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture entities and identify the entity, or whether they are hired directly as employees of the joint venture.

d. A complete and legally binding document with all information required under this section titles “Joint Ventures” shall be included in Volume I of the proposal.

2.5 Teaming Agreements

If any Offeror is submitting a proposal with a Teaming Agreement, the Teaming Agreement must be in compliance with the requirements of FAR9.6.

2.6 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.6.1 Proposal Requirements and Submission

Proposals should be submitted initially on the most favorable terms. 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). Offerors must 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.

The Government will not make assumptions concerning the intent, capabilities, or experiences of the Offerors.

Clear identification of proposal details shall rest as sole responsibility of the Offeror. Therefore the proposal shall meet the following basic requirements:

a. Proposals shall be typed, in the English language, and easy to read. Margins (1-inch) shall be clean and clear.

b. Proposals shall be organized, concise, and submitted in the volumes and in the order indicated herein.

Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

Proposals shall have a page limit of fifty (50) pages.

c. Proposals shall contain a Table of Contents and include at the bottom left side of each page the volume and page number.

d. Offerors shall verify that the information for the Point-of-Contacts located in Form A1, is current, correct and complete including email address and telephone number (including country code), and fax number if available.

f. Offerors shall submit a signed Offer (Standard Form 1442) for this solicitation including verification of all amendments received.

g. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, and the like are not necessary. However, proposals shall completely and adequately address the requirements of this solicitation.

h. Failing to submit attachments or failing to properly complete the proposal, may result in rejection of the Offer without further evaluation. Therefore, Offerors are urged to follow instructions and contact the Contract Specialist if instructions are not understood.

2.6.2 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.

FAXED OR EMAILED PROPOSALS, MODIFICATIONS THERETO, OR CANCELLATIONS WILL NOT

BE ACCEPTED. However, proposals may be withdrawn in writing by letter or e-mail. Any written notice to withdraw an offer sent to this office must be received in the office designated in the Request for Proposal (RFP) for receipt of offers not later than the exact date and time set for receipt of proposals.

2.6.3 Submission Deadline

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

Due to increased security on packages submitted from outside the U.S., your proposals may take longer than anticipated in arriving to New York District's Contracting Office in Room 1843. It is the sole responsibility of the Offeror to ensure that its proposal arrives by the designated date and time.

2.6.4 Incurring Costs

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

2.6.5 Format Requirements

Submit one (1) original plus five (5) copies and (1) CD containing a digital copy of the proposal. In the event that there is a discrepancy between the original or copies, the original will control. All proposals shall contain the volume number and the name, address and telephone number of the Prime and Major Subcontractors, Joint Venture, or other entity identified on the cover. Note that a letter of commitment from the Subcontractor is required in order for the Subcontractor to be considered in the evaluation. 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 5)”. 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 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 PHASE 1: PROPOSAL AND RELATED EVALUATION FACTORS

Location Factor Number Description Relative Importance TAB A Factor 1 Specialized Experience Equally as Important as Factor 2 TAB B Factor 2 Past Performance Equally as Important as Factor 1 TAB C Pro Forma

Information N/A

4.0 TAB A – Factor 1: SPECIALIZED EXPERIENCE

SUBMISSION REQUIREMENTS:

To demonstrate recent, relevant experience, the Offeror must use the Specialized Experience forms – (Attachment 2 for construction experience). If the Offeror is a Joint Venture, Limited Liability

Corporation, members of a Teaming Agreement, or integrated design-build firm provide experience information for design and construction, demonstrating the experience of each proposed design and construction entity as is relevant to their proposed role on this project. Submit projects that are currently well underway (designed and at least 75% construction progress completed) or completed and turned over no longer than seven (7) years preceding the date of this Solicitation. If any firm has multiple divisions, limit the project examples to those performed by the division submitting the offer. The Offeror shall submit a minimum of two

(2) relevant project examples, one (1) of which must have been performed by the Prime Contractor, but no more than seven (7) project examples for Factor 1. At least one (1) project must demonstrate adapt/build or design/build experience. If the Offeror proposes to use an architect-engineer firm as part of the offeror’s team, the architect-engineer firm shall submit no more than two (2) project examples for Factor 1. The total number of projects submitted for Factor 1 shall not exceed seven (7) project examples.

EVALUATION CRITERIA:

The Offeror will be evaluated on the relevancy of the experience demonstrated in the submitted EXPERIENCE INFORMATION FACT SHEET, Form A2. Factor 1 shall be rated in accordance with Paragraph 7.4. The projects submitted should include the following criteria. Projects do not have to include all of the criteria;

however, projects that meet many or all of the criteria would be given a higher degree of relevancy.

Projects shall be considered similar in scope if they contain the following:

-Installation of centralized gas fired boilers and associated heating systems within a large facility and/or servicing a large complex of buildings. The size of the facility or complex of buildings shall be greater than or equal to 50,000 SF.

Projects shall be considered similar in complexity if they contain the following features of work:

-Mechanical, electrical, plumbing and site work.

Projects shall be considered similar in magnitude if they are greater than or equal to $1,000,000.

The Government will consider the combination of experience demonstrated by the seven (7) project examples.

Proposals will be highly rated when the Offeror demonstrates extensive experience in all or nearly all of the aspects defining relevance and listed below. Where this combination of experience includes the following, the proposal may be given strengths (the following list does not encompass all possible strengths):

-Projects demonstrating multi-disciplined construction teams consisting of the majority of the disciplines listed under the complexity definition.

-The Offeror acted as a prime contractor in the majority of the example experiences;

-The majority of the example experiences are projects performed within the last five years;

-The example experiences demonstrate previous joint ventures or teaming experience between the Offeror and the other proposal team members.

-Projects with magnitudes greater than or equal to $1,000,000.

Where this combination of experience includes the following, the proposal may be given a weakness (the following list does not encompass all possible weaknesses):

-The example experiences do not demonstrate previous teaming experience between the Offeror and the other current proposal team members.

Where this combination of experience includes the following, the proposal may be rated as deficient (the following list does not encompass all possible deficiencies)

-Experience examples are not verifiable.

The Government reserves the right to verify the experience by reviewing the Construction Contractor (or Architect-Engineer) Appraisal Support System (CCASS/ACASS),…