W912DS21R0008.pdf

a. Project: St. Albans Columbarium, Queens, NY

b. This acquisition is 100% Small Business Set-Aside

c. NAICS Code: 236220 Size Standard: 39,500,000.00

d. The magnitude of this project is: $5,000,000.00 to $10,000,000.00

e. Submit proposals electronically no later than the date and time stated in Block 13, or as amended. Refer to Section 00 21 13 - Instructions to Bidders, for complete instructions on submitting proposals electronically.

f. Contract Specialist is Adrian Stafford Brow ne, email: adrian.j.stafford-brow ne@usace.army.mil

ADRIAN STAFFORD-BROWNE 917-790-8087

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

25-May-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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 ________365 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Jun 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 16-300

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)790-8026 TEL: FAX:

W912DS21R0008 110

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job St. Albans Columbarium

FFP

Perform all work associated with the St Albans NCA Columbarium in accordance with the provided drawing and specifications. Excluding work associated with CLIN 0002 through CLIN 0005.

FOB: Destination

NET AMT

Hazmat Abatement

FFP

Informational Only

0002AA 18,850 Square

Foot

Hazard Abatement

Abate single-layer ACM floor tile and mastic from floor by hand, includes disposal, PPE and appurtenances.

0002AB 9,950 Square

Hazmat Abatement

Abate double-layer ACM floor tile and mastic from floor by hand, includes disposal, PPE and appurtenances.

0002AC 700 Each Hazmat Abatement

FFP

Abate ACM pipe fitting insulation, 6" to 8" diameter pipe, includes disposal, PPE and appurtenances.

0002AD 73,400 Square

Abate ACM joint compound on ceilings & walls, includes disposal, PPE and appurtenances.

0002AE 1,750 Square

Abate ACM transite ceiling panel, includes disposal, PPE and appurtenances.

0002AF 3,175 Linear

Abate ACM mastic associated with black cove base, includes disposal, PPE and

0002AG 30 Linear

Abate ACM boiler gaskets, includes disposal, PPE and appurtenances.

0002AH 15,550 Square

Remove ACM roofing, flashing, and associated tar, includes disposal, PPE and

0002AJ 300 Each Hazmat Abatement

FFP

Removal and disposal of fluorescent light bulbs & ballasts.

0002AK 500 Linear

Removal / disposal of PCB-containing caulking.

0002AL 1,320 Linear

Abate ACM pipe insulation located in steam tunnel, 4" to 8" diameter pipe, includes disposal, PE and appurtenances.

0002AM 1 Job Hazmat Abatement

FFP

Removal of other environmentally regulated materials including smoke detectors, emergency exit signs, fire extinguishers, mercury thermostats & switches, germicidal uv lights, mercury vapor lights, air conditioning compressors and kitchen fire supression system prior to demolition. This includes submission of a plan for government approval at least 20 working days prior to commencement of work detailing procedures for the safe removal, characterization, segregation, manifesting, transport and disposal of these materials in accordance with applicable regulations.

0003 1 Job OPTION 2 niche walls

FFP

Add 2 niche walls (960 NICHES) to the base Bid and all appurtenances.

0004 1 Job OPTION 4 niche walls

FFP

Add 4 niche walls (1920 NICHES) to the base Bid and all appurtenances.

0005 1 Job OPTION 6 niche walls

FFP

Add 6 niche walls (2800 NICHES) to the base Bid and all appurtenances.

TOTALS/NOTES

TOTAL BASE ITEMS (CLIN 0001 – 0002) ___________________

TOTAL OPTIONS CLIN 0003 – 0005) ___________________

TOTAL BASE + OPTIONS (CLIN 0001 – 0005) ___________________

NOTES:

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 be cause for rejection of bid.

3. Contract period of performance is 365 calendar days NTP.

4. Optional Item Option #1, CLIN 0003, or Optional Item Option #2, CLIN 0004, or Optional Item Option #3, CLIN 0005 may be exercised at any time within 120 calendar days after Notice to Proceed (NTP). The Contracting Officer may exercise the Optional Item by written notice to the Contractor, within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order.

When any Optional Item is exercised, the contract completion date will not be adjusted.

5. Acceptance Period: Offers are to be valid for 90 calendar days.

6. The evaluation price for the purpose of determining best value is the total base plus options amount (CLINs 0001 through 0005).

Section 00 21 16 - Instructions to Proposers

ELECTRONIC SUBMISSION

The proposal shall be submitted electronically, as described below. The RFP will provide the Government address and receipt date for proposal submittal. The proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: Notice of Intent to submit a proposal must be submitted to Adrian Stafford- Browne, adrian.j.stafford-browne@usace.army.mil and Matthew Lubiak matthew.e.lubiak@usace.army.mil two (2) days before the proposals are due.

Proposals received after the proposal due date established in the solicitation on https://safe.apps.mil/ will be considered late.

It is recommended that Offerors submit their proposals at least 2 hours before to allow enough time for the proposal to be uploaded. Please note that Offerors do not need to wait until the day of proposal due date to submit their proposals.

The only authorized transmission method for the proposal in response to this solicitation is electronically via SAFE online submission. NO OTHER

TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED.

The proposal must be received by the Government by the date/time specified in the solicitation. The Offeror shall submit their proposal using the following link:

https://safe.apps.mil/

NOTE: Problems accessing the DoD SAFE site by external (non-CAC) users are typically due to SSL and/or client certificate issues. If the user receives a warning about a problem with the website's security certificate, this is because their browser is not configured to trust the DoD certificate authorities. The user can either import the DoD certificate authorities by following the instructions in the DoD PKI PMO's guide on Install Root or they can accept the risk and click on the option to continue to the website. The current guide on Install Root can be found Problems accessing the DoD SAFE site by non-CAC users - https://safe.apps.mil/about.php

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist, Adrian Stafford-Browne, adrian.j.stafford-browne@usace.army.mil and the Contracting Officer, Matthew Lubiak matthew.e.lubiak@usace.army.mil no later than two (2) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code two (2) working days before proposal submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Adrian Stafford-Browne, adrian.j.stafford-browne@usace.army.mil and the Contracting Officer, Matthew Lubiak matthew.e.lubiak@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

INSTRUCTIONS TO OFFERORS

NOTICE REGARDING BID BONDS, PEFORMANCE BONDS, AND PAYMENT BONDS

The Standard Forms (SF24, SF25, and SF25A) for these bonds have been revised as of August 2016.

When including your bid/offer, contractors/sureties shall use the revised versions. No other version will be valid and thus may render your bid/offer nonresponsive.

BIDDER INQUIRIES

OFFEROR INQUIRIES: Submission of inquiries will open on 27-May-2021. Please submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at https://www.projnet.org. Submission of inquires will close 14-June-2021 11:59 AM EDT. The Government reserves the right to decline addressing questions received after this date. If an Offeror believes that the requirements in this solicitation contains an error, omission, or are otherwise unsound;

immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this contract based on the initial bid, as received, without discussions. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via e-mail, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on beta.sam.gov in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

Bidder Inquiry Key: PENDING Specific Instructions for Initial ProjNet Bid Inquiry Access:

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

2. Identify the Agency as USACE.

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

4. E-mail. Enter the e-mail address you would like to use for communication.

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

6. Enter your First Name, Last Name, Company, City, State, Phone, E-mail, Secret Question, Secret Answer, and Time Zone. Remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

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

Specific Instructions for Future ProjNet Bid Inquiry Access:

Steps 1 through 3: same as above.

4. E-mail. Enter the e-mail address you used to register previously in ProjNet.

5. Click Continue. A page will then open asking for the answer to your Secret Question.

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

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 Representative 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

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 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

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

Chief of Contracting Division U.S. Army Corps of Engineers New York District 26 Federal Plaza Floor 16-300 New York, NY 10278 Email: Francis.Cashman@usace.army.mi

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

52.252-1 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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 Defense Federal Acquistion Regulation Supplement (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 201) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Section 00 22 00 - Supplementary Instructions

EVALUATION CRITERIA

sSOLICITATION SECTION 00 22 10

CRITERIA AND FACTORS FOR EVALUATION, BASIS OF AWARD, EVALUATION CRITERIA,

RATING SYSTEM AND DEFINITIONS

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 PROPOSALS AND RELATED EVALUATION FACTORS

VOLUME I – TECHNICAL PROPOSAL

4.0 TAB A – FACTOR 1 – SPECIALIZED PAST EXPERIENCE

4.1 SUBMISSION REQUIREMENTS

4.2 EVALUATION CRITERIA

5.0 TAB B – FACTOR 2 – QUALIFICATIONS OF OFFERORS TEAM

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 TAB C – FACTOR 3 – PAST PERFORMANCE

6.1 SUBMISSION REQUIREMENTS

6.2 EVALUATION CRITERIA

7.0 TECHNICAL EVALUATION PROCEDURES

7.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

7.2 EVALUATION

7.3 DEFINITIONS

7.4 EVALUATION AND RATING SYSTEM

7.5 PAST PERFORMANCE CONFIDENCE ASSESSMENT RATING SYSTEM

SECTION 00 22 10 ATTACHMENTS

FORM A1 – PROPOSAL DATA SHEETS

FORM A2 – PAST EXPERIENCE CONSTRUCTION OF PRIME CONTRACTOR

FORM A3 – PAST PERFORMANCE QUESTIONNAIRE

FORM A4 – KEY PERSONNEL RESUME

VOLUME II – PRICE PROPOSAL

8.0 STANDARD FORM 1442 AND PROPOSAL DATA SHEET

8.1 SUBMISSION REQUIREMENTS

9.0 BASIS OF AWARD

1.0 OVERVIEW

This is the only proposal required, in accordance with FAR 15.101-1, 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 technical evaluations and the best value to the Government from the price proposal evaluations. The technical evaluations and price evaluations will have equal weight in the selection process.

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

The Government will evaluate the performance capability proposals in accordance with the criteria described herein.

2.0 GENERAL INSTRUCTIONS

2.1 Who May Submit - This procurement is a Total Small Business set-aside. Only small businesses per the size standard for the applicable NAICS code may submit offers.

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

E-MAIL ADDRESS: Adrian.J.Stafford-Browne@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 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 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) shall be considered a page, excluding dividers, cover sheets, letters of commitment, pro forma information, past performance information, team agreements and/or Joint Venture agreements. All sheets 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. 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.

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 titled “Joint

Ventures” shall be included in Volume I of the proposal.

2.5 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.5.1 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 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.

The written portion of the proposal shall not exceed 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, 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.

2.5.2 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.

Due to the COVID-19 Pandemic, proposals must be submitted via the DoD SAFE website (https://safe.apps.mil/). 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.

2.5.3 Submission Deadline

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

Due to the COVID-19 Pandemic, proposals must be submitted via the DoD SAFE website (https://safe.apps.mil/). FAXED OR EMAILED PROPOSALS, MODIFICATIONS THERETO, OR

CANCELLATIONS WILL NOT BE ACCEPTED.

2.5.4 Incurring Costs

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

2.5.5 Format Requirements

All proposals shall contain 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. Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. 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 PROPOSAL AND RELATED EVALUATION FACTORS

Relative Importance Factors

Most Important

Factor 1 - Specialized Past Experience

Note: Factor 1 is more important than Factors 2 and 3.

2nd Most Important Factor 2 - Qualifications of the Offeror’s Team Factor 3 - Past Performance of Offeror’s Team

Note: Factors 2 and 3 are equally important.

4.0 TAB A – FACTOR 1: RELEVANT SPECIALIZED PAST EXPERIENCE –

4.1 SUBMISSION REQUIREMENTS:

To demonstrate recent, relevant specialized past experience, the Offeror must use the Specialized Experience forms – (Attachment 2) to list their construction experience of similar scope, complexity and magnitude. For the construction contractor experience -submit a minimum of two (2) projects but no more than five (5) projects that have been completed and turned over or at least 75% construction complete. All the submitted projects shall be recent construction experience which means that construction completion should be no more than seven (7) years preceding the date of this solicitation.

The projects shall meet the descriptions of scope, complexity and magnitude as outlined below.

Letters of commitment (Signed by both the Subcontractor and Offeror) are required in order for the Government to consider Subcontractor experience in the proposal evaluation. Other divisions within the Offer’s company may be considered as subcontractors for the submitting division.

4.2 EVALUATION CRITERIA- RELEVANCY

The Offeror will be evaluated on the relevancy of the experience demonstrated in the submitted EXPERIENCE INFORMATION FACT SHEET, Form A2. 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 involve new construction/additions within a cemetery or columbarium facility of similar size and scope. If the project is not of similar size and scope, it is still considered similar if it demonstrates any construction within a cemetery or columbarium.

Projects shall be considered similar in complexity if they contain the management and coordination of a multi-disciplined construction team to complete projects that included the majority of the following:

demolition including removal of asbestos and other hazardous materials.

Projects shall be considered similar in magnitude if they are over $5,000,000. The magnitude shall be that of the project, not the subcontract amount if it is an experience as a subcontractor. However the subcontractor’s role must be clearly defined in the project experience submission.

The Offeror shall demonstrate past experience by providing recent and relevant projects involving work in a cemetery/columbarium. If this experience is missing then experience in site demolition and development would be acceptable. The Offeror shall submit at least two (2) relevant projects of the 5 projects that demonstrate not less than 75% complete or physically within the last seven (7) years.

The other projects can show the Offerors ability to complete other projects of similar size, scope, and complexity. Projects for the Federal Government are preferred but not required. Each project shall demonstrate similarities to scope, complexity and magnitude to receive satisfactory rating for this factor. In the relevant projects submitted by the offeror it shall be clearly state the projects scope, magnitude, complexity, Offerors involvement (% of work performed, prime/sub), and contract type (Design-Build, Design-Bid-Build).

The Government will consider the combination of experience demonstrated by the five (5) projects. 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 at least three (3) of the example experiences;

- The Offeror presents experiences in at least one (1) project performed for any federal agencies with a value of at least $5,000,000;

- The example experiences demonstrate previous teaming experience between current proposal team members.

- Projects with magnitudes over $5.0M. Projects demonstrating experience where the construction site had an active customer on it where a high level of coordination was necessary for both the construction to be successful and the customer to remain operational.

Note: Completed and physically turnover is defined as in this solicitation customer has accepted project and Offeror has completely demobilized from site.

Where this combination of experience includes the following, the proposal may be given strengths. OR weaknesses (the following list does not encompass all possible strengths or weaknesses):

Strengths may include the following:

- Experience working on a columbarium installation.

- Experience working on a Federal Cemetery installation

Weaknesses may include the following:

- Few or no projects are provided where the Offeror acted as Prime contractor.

- Example experience where the project amount was below $5.0M.

- Example experiences where the Offeror or their proposed subcontractor were subcontractors and their role was minor in comparison to the whole project.

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