W912DS22R0010.pdf

Project: Request for Proposal (RFP) - 1 Step DB - Phoenix Rotary Wing Apron Expansion, Ft. Drum, NY

1. This solicitation is Unrestricted for Full and Open Competition w ith Hubzone Preference

2. NAICS code: 237310, Size Standard: $39,500,000.00

3. Project magnitude range: Betw een $5,000,000 and $10,000,000

4. Submit proposals no later than 2:00 PM EST on the date stated in Block 13, or as amended to:

U.S. Army Corps of Engineers, New York District, Contracting Division, Room 16-300

26 Federal Plaza, New York 10278-0090.

5. This acquisition is Subject to Availability of Funds. Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.

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-Jul-2022

(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 ________455 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sec 01 11 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 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 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:

W912DS22R0010 107

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

Rotary Wing Parking Apron - Base Bid

FFP

Phoenix Rotary Wing Parking Apron Expansion. CLIN 0001 is for informational purposes only and is not a bid CLIN.

NET AMT

0001AA 1 Job Rotary Wing Parking Apron - Design

FFP

All costs associated with the design of Phoenix Rotary Wing Parking Apron

Expansion, as identified on project drawings and specifications.

FOB: Destination

PSC CD: Y1BD

0001AB 1 Job Rotary Wing Parking Apron - Construction

FFP

All costs associated with the construction of Phoenix Rotary Wing Parking Apron

Expansion, as identified on project drawings and specifications.

Rotary Wing Parking Apron - Option 1

FFP

Phoenix Rotary Wing Parking Apron Expansion for Additional Aprons. CLIN 0002 is for informational purposes only and is not a bid CLIN.

0002AA 1 Job OPTION Option 1 Design

FFP

All costs associated with the design of Option #1 – additional aprons, as identified on project drawings and specifications.

0002AB 1 Job OPTION Option 1 - Construction

FFP

All costs associated with the construction of Option #1 – additional aprons, as identified on project drawings and specifications.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0002AA N/A N/A N/A N/A

0002AB N/A N/A N/A N/A

TOTALS/NOTES

TOTAL BASE CLINs (0001AA - 0001AB) $_____________________

TOTAL OPTIONS CLINs (0002AA - 0002AB) $_____________________

TOTAL BASE PLUS OPTION CLINs (0001AA - 0001AB + 0002AA - 0002AB) $_____________________

NOTES:

1) Offerors 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) Optional CLINS 0002AA and CLIN 0002AB will only be exercised together.

4) Optional Items may be exercised at the time of award.

5) Offer Acceptance Period: Offers are to be valid for 60 calendar days.

6) Period of performance ( total contract duration) for the base bid scope is 455 days from the Notice to Proceed.

7) Should the optional CLINs be exercised, the period of performance will not be extended, the completion and turnover shall remain the 455th day.

Section 00 21 16 - Instructions to Proposers

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 that 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/

AT/OPSEC

1.AT Level I training.

Antiterrorism Level I: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://jkodirect.jten.mil

2. Access and general protection/security policy and procedures.

2.1 Installation Access and Identification of Contractor’s Employees: Entry to the installation requires the following:

current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel. Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Contractors shall be restricted to physically sign in at the Visitor Control Center (VCC), located just prior to the Paul Cerjan Gate, for entry unless they have a DoD issued ID card, a local temporary pass, or a local access badge (LAB). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2.2 The Contractor shall provide a list of names and dates of birth of all employees that will be working on this contract to include subcontractors. CORs/Contract Technical Representatives are required to complete an IMDR-ES Form 2 (Application for Sponsorship) for all individuals needing access under the contract and submit to usarmy.drum.imcom.mbx.des-acp@army.mil at least 7 days prior to access being needed.

2.3 Each employee who requires access to Fort Drum to perform work under any contract, at any tier, must obtain a DoD identification credential, temporary pass, or a LAB to obtain access to Fort Drum.

2.4 The contractor shall provide information as required by the Fort Drum Chief, Physical Security to enable the government to conduct a National Crime Information Center Interstate Identification Index (NCIC-III) check on all on all contractor employees who require access to Fort Drum. If the NCIC-III is not adverse, a 30 day temporary access pass will be prepared by the Fort Drum Physical Security Division while the contractor’s employee makes an appointment for a Local Access Badge (LAB) to be created if access is needed for longer than 30 days. A LAB will be issued for the duration of the contract or a period of no longer than 365 days at a time. If the NCIC-III is adverse, the employee will be denied access. If access is denied for any reason, the contractor’s employee may request a waiver from the installation utilizing the Access Waiver Denial Program. If a Contractor or contractor's employee is denied access for any reason the employee will not be allowed access until a waiver is requested and approved.

There is an appeals process through the Directorate of Emergency Services. Final determination to allow entry and the issuance of a DoD credentials rest with the Garrison Commander or his designee, the Director, Emergency Services.

https://www.cpars.gov/ https://jkodirect.jten.mil/

2.5 If an employee no longer needs the DoD identification credential for any reason (e.g. quits his/her job or no longer performs under the contract), the contractor is required to collect the DoD identification credential from the employee and surrender it to the Fort Drum Physical Security Division within four (4) calendar days of such change.

If the DoD identification credential cannot be returned within the required time frame for any reason, the contractor shall immediately notify the Physical Security Division verbally, followed up in writing the next work day. Email notification is authorized. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract. DoD identification credentials are currently issued at the VCC, Bldg 11008, located just outside the Paul Cerjan Gate. The Government may change the location at which DoD identification credential are issued or returned, with or without advance notice to the contractor. Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

2.6 DoD identification credential will not be reproduced or copied by the contractor, its subcontractors, or their employees. If an employee’s DoD identification credential is lost, stolen, or reproduced, the contractor shall verbally report the loss, theft, or reproduction to the Fort Drum Physical Security Division on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the Fort Drum Physical Security

Division within two (2) calendar days.

2.7 Each contractor employee shall possess/wear the DoD identification credential while performing work under the contract. The DoD identification credential shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The DoD identification credential will not be used for access to any Government installation except for performance of work under the contract for which is was issued. The contractor, shall upon expiration or termination of the contract, collect all DoD identification credentials and turn them into the COR.

2b. For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.

The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the COR). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

7. For contracts that require OPSEC Training.

All contractor employees, to include subcontractor’s employees, requiring access to Army installation, facilities, controlled, access areas, and/or installation computers shall complete OPSEC Level I training within 30 days after contract start date or effective date of incorporation of this requirement into the contract. The Contractor shall provide a certificates of completion for each affected contractor employee and subcontractor employee to the COR, or to the Contracting Officer if a COR is not assigned, with 15 calendar days after completion of training by all employees and subcontractor personnel. OPSEC Level 1 training is available for DOD Civilians/Contractors at https://securityawareness.usalearning.gov/opsec/index.htm.

13. Threat Awareness Reporting Program (TARP).

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete TARP awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit proper documentation identifying training completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. TARP training is available on AKO (ALMS), at the Multipurpose Auditorium (MPA) Garrison quarterly mandatory training, or by contacting the G2X at 315-772- 5693 or via email usarmy.drum.imcom-atlantic.mbx.spy@mail.mi

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 and can be found using the search at https://www.gsa.gov/reference/forms#

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 non-compliant.

BIDDER INQUIRIES

Submission of inquiries will open on 26 July 2022. Please submit technical inquiries and questions relating to this solicitation via email to adrian.j.stafford-browne@usace.army.mil and matthew.e.lubiak@usace.army.mil. Submission of inquires will close 19 August 2022 11:59 AM EDT. The Government reserves the right to decline addressing questions received after this date. If an Offeror believes that the requirement 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. 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 an amendment which will be posted on sam.gov as soon as the comment/question entering period is over and answers are all finalized.

ELECTRONIC BID SUBMISSION

Submit bids no later than 2:00 PM EST on 24 August 2022. The format for electronic bids in this solicitation is PDF documents sent via email, ONLY to the Contract Specialist and Contracting

Officer, as listed below:

adrian.j.stafford-browne@usace.army.mil matthew.e.lubiak@usace.army.mil

File size is limited to 25MB per email. It is advised to submit e-mail 2 hours in advance to ensure the proposal is submitted timely.

If a bid received at the Government facility by electronic data interchange is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained, the Contracting Officer immediately shall notify the bidder that the bid will be rejected unless the bidder provides clear and convincing evidence – https://www.gsa.gov/reference/forms mailto:adrian.j.stafford-browne@usace.army.mil mailto:matthew.e.lubiak@usace.army.mil

(1) Of the content of the bid as originally submitted; and

(2) That the unreadable condition of the bid was caused by Government software or hardware error, malfunction, or other Government mishandling.

The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the electronic bid. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed bid.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-12 Preparation Of Bids APR 1984 52.228-1 Bid Guarantee SEP 1996

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

2014)

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

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

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

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

52.225-10 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 regard ing 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 domes tic 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.

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

District Contracting Chief New York District Directorate of Contracting U.S. Army Corps of Engineers

26 Federal Plaza Room 16-300

New York, NY 10278-0090

Francis.Cashman@usace.army.mil

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

52.252-1 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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 Acquisition 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 Defense Federal Acquisition Regulation (48 CFR 201) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 00 - Supplementary Instructions

GENERAL INSTRUCTIONS

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 GENERAL INSTRUCTIONS AND PROPOSAL SUBMISSION REQUIREMENTS

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

5.0 VOLUME 1 – PERFORMANCE CAPABILITY

5.1 TAB A – FACTOR 1 – PAST PERFORMANCE

5.2 TAB B – FACTOR 2 – PROPOSED CONTRACT DURATION, PHASING AND SUMMARY

SCHEDULE

5.3 TAB C – FACTOR 3 –TECHNICAL APPROACH

5.4 TAB D – FACTOR 4 – ORGANIZATIONAL APPROACH

6.0 VOLUME 2 – SMALL BUSINESS

6.1 TAB A – FACTOR 5 – SMALL BUSINESS PARTICIPATION PLAN

6.2 TAB B – FACTOR 5 – PAST UTILIZATION OF SMALL BUSINESS

7.0 VOLUME 3 – FACTOR 6 – PRICE AND PRO FORMA INFORMATION

7.1 TAB A – PRICE (STANDARD FORM 1442, PROPOSAL DATA SHEET AND CONTRACT LINE-

ITEM SCHEDULE)

7.2 TAB B – BID GUARANTEE

7.3 TAB C – SELF PERFORMED WORK

ATTACHMENTS

1 – PROPOSAL DATA SHEETS

2 – PAST PERFORMANCE EVALUATION QUESTIONNAIRE

3 – SPECIALIZED EXPERIENCE PRIME CONTRACTOR OR KEY SUB CONTRACTOR

4 – SMALL BUSINESS PARTICIPATION PLAN

5 – KEY EMPLOYEE RESUME

1.0 OVERVIEW

This is a one-step Best Value Trade Off solicitation in accordance with Federal Acquisition Regulation (FAR) 15.101-1 for the Phoenix Rotary Wing Parking Apron Expansion located at Fort Drum, NY. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible firm whose proposal conforms to all the terms and conditions of the solicitation, is deemed fair and reasonable, and offers the best overall value to the Government.

2.0 BASIS OF AWARD

This is a Best Value Trade Off procurement where the Contracting Officer will award a firm fixed price Construction contract to the responsible Offeror whose proposal the Source Selection Authority and Contracting Officer have determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-cost factors described herein, and cost or price.

All technical factors (1-5) when combined are approximately equal in importance to price factor 6.

Technical factor 3 is the most important technical factor, followed by technical factor 1. All remaining technical factors are equal in importance. The intent of this solicitation is to obtain the best proposal within an acceptable range. After the Government individually evaluates and rates each proposal, the Source Selection Authority and Contracting Officer will compare proposals to determine which proposal represents the best value. Analysis of the price to determine which Offeror’s proposal represents the best value to the Government will be performed in two steps.

The price used in the trade-off analysis shall be the aggregate amount for the Base items and Option 1 (CLINs 0002AA-0002AB). The trade-off analysis will be conducted, and a best value proposal will be determined. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the Source Selection Official must determine that the added value of a more expensive proposal (within an acceptable range) would justify award to that Offeror. The magnitude of the project is between $5,000,000 and $10,000,000.

As part of the evaluation, the Government will evaluate betterments in proposals relative to the minimum standards in the RFP to determine if they offer additional value to the Government. In addition, innovations in proposals will be evaluated to determine if creative ideas of the Offeror are a better value to the Government compared to the minimum criteria.

3.0 GENERAL INSTRUCTIONS AND PROPOSAL SUBMISSION REQUIREMENTS

3.1 GENERAL INSTRUCTIONS

3.1.1 Who May Submit:

i. Competition will be unrestricted (i.e. open to all businesses regardless of Small Business status). Any legally organized Offeror may submit a proposal.

3.1.2 Inquiries about this solicitation:

i. Prospective Offerors should submit inquiries related to this solicitation only by e-mail to: adrian.j.stafford-browne@usace.army.mil and matthew.e.lubiak@usace.army.mil.

Include the solicitation number and project title with any questions/clarifications. Written questions must be received by this office no 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.

3.1.3 Page Limit and Size of Electronic Materials shall be submitted in the following volumes:

In order to evaluaIn order to evaluate all proposals effectively and equitably, the Contracting

Officer/PCO must receive information sufficiently detailed to clearly address submission requirements as outlined below. Pages containing text shall be submitted electronically on standard 8-1/2 x 11 inch size paper. Schedules, Drawings and/or sketches may be submitted electronically on paper not exceeding 11 x 17 inch paper, (each 11 x 17 counts as two pages). Use of 'TAB' pages are encouraged to identify each section of the proposal and shall not count against proposal's total page count. Each page of text shall be minimally single spaced with a minimum 12-point font and one inch margins all around. Any sheet with printed material (text or graphics) shall be considered a page, excluding dividers, cover sheets, letters of commitment, team agreements, and/or Joint

Venture agreements.

3.1.4 Joint Ventures

i. 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

Volume Tab Title Maximum Pages

A Factor 1: Past Performance No Page Limit

B Factor 2: Proposed Contract Duration, Phasing and Summary Schedule

C Factor 3: Technical Approach 25

D Factor 4: Organizational Approach 20

A Factor 5: Small Business Participation Plan No page limit

2 B Factor 5: Past Utilization of Small Business No page limit

3 A Factor 6: Price (Standard Form 1442 & Contract Line Item Schedule)

No page limit submitted with the Offeror’s proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

ii. 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:

3.1.4.ii.1 A copy of the Joint Venture Agreement.

3.1.4.ii.2 A detailed statement outlining the following in terms of percentages, where appropriate:

3.1.4.ii.3 The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

3.1.4.ii.4 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.

3.1.4.ii.5 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.

3.1.4.ii.6 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.

3.1.4.ii.7 Identification of party or parties having overall control of the joint venture.

iii. 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.

iv. 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.

3.2 PROPOSAL SUBMISSION REQUIREMENTS

3.2.1 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:

i. Proposals shall be typed and easy to read. Margins (1-inch) shall be clean and clear.

ii. Must contain a Proposal Cover Sheet, to include the Offeror’s e-mail address, cell phone number, Name, Address, UEI, and CAGE code. The proposal cover sheet is required by Provision “FAR 52.215-1, Instructions to Offerors— Competitive Acquisition.”

iii. 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.

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

v. Offerors shall submit a signed dated Standard Form 1442, Solicitation, Offer, and Award. Any and all amendments must be acknowledged by the Offeror in accordance with the instructions on the Standard Form 30, Amendment of Solicitation.

vi. 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.

vii. 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.

3.2.2 Where to Submit:

The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide the Government address and receipt date for proposal submittal. The

Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: Email is the only authorized transmission method for proposals in response to this solicitation. NO OTHER TRANSMISSION METHODS (DoD SAFE, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

Email size limit is 25 MB.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Please send proposals to Contract Specialist Adrian Stafford -Browne at adrian.j.stafford-browne@usace.army.mil and to the Contracting Officer Matthew Lubiak at matthew.e.lubiak@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically.

Submission shall be in Adobe PDF format. You are limited to five (5) Emails (total size cannot exceed 125MB). If you have a large number of files, recommend that you combine or ZIP your files before Emailing. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you Email. NOTE: DO NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File

Description.)

NOTE: DO NOT send the proposal to group email accounts.

The Government will consider the date and time of the last Email for deadline.

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.

3.3 VOLUME 1– MINIMUM SUBMISSION CRITERIA (TECHNICAL PROPOSAL): For purposes of this RFP, an “Offeror” may include a group of two (2) or more entities that have formed a “contractor team arrangement,” as that term is defined in the Federal Acquisition

Regulation, Part 9.6. In the case of entities that have formed a contractor team arrangement, the experience and performance history of any member of the team, whether or not gained while working with the other member(s) of the currently- proposed contractor team arrangement, will be considered as a part of the evaluation of the Offeror’s proposal.

In the case of affiliates, past performance of an Offeror’s “affiliate,” as that term is defined in FAR 2.101, will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully (e.g., roles, responsibilities, etc.) in the performance of the contract. This commitment, nature of each entity’s relationship and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate. If a teaming agreement or commitment is not provided, the projects and experience of any team members outside of the Prime Offeror will not be considered.

The contractor team agreement/commitment shall be provided at the beginning of the Offeror’s technical proposal, prior to Factor 1, and will not be included in the overall page count.

The following are to be used in determining the status of the Offeror’s team for the evaluation of project submissions under Factor 1:

3.3.1 In the case of contractor team arrangements involving a Prime Contractor and

Subcontractor(s), where the Prime Contractor submits the proposal in response to this RFP, the Prime Contractor is considered the “Prime Offeror”.

3.3.2 In the case of joint ventures, the “Prime Offeror” experience is limited to entities with signed agreements.

3.3.3 In the case of mentor/protégé relationships, the relationship must be established by the two Offerors and approved by the chosen Government Agency prior to proposal submission. The “Prime Offeror” experience is limited to entities with signed agreements. The approved mentor/protégé document from the Government Agency must be submitted along with the teaming agreement.

3.3.4 In the case of additional projects submitted by subcontractors, the subcontractor must submit the final cost of their portion of the project along with total project cost and all other required information.

3.3.5 In the case of Offerors that are large, multi-function firms (consisting of subsidiaries), experience may be submitted by any segment of the firm (e.g., division, group, and unit) that is submitting a proposal in response to this RFP.

3.3.6 In the case of affiliates, Past Performance of an Offeror's "affiliate," as that term is defined in FAR 2.101, will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully in the performance of the contract. This commitment and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate.

3.3.7 If a teaming agreement or commitment is not provided, the projects of any team members outside of the Prime Offeror will not be considered. If the Joint

Venture/Mentor Protégé is a Small and Large Business, the Small Business will be evaluated as the Prime Offeror.

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, RATINGS

AND ELEMENTS

The SSEB will evaluate the proposals and assign a consensus rating for each evaluation factor.

Firms are cautioned to put forth their best efforts, and to furnish all information clearly to allow the

Government to evaluate proposals. Firms should not assume that they will have an opportunity to clarify or correct anything in their proposal after submission. However, the Government reserves the right to hold discussions if it determines that discussions are necessary. Therefore, proposals should be submitted on the most favorable terms that the Offeror can submit to the Government. If discussions are necessary, the Contracting Officer reserves the right to 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.

Determination of Competitive Range refers to the range of proposals that are identified as the most highly rated, unless the range is further reduced for the purposes of efficiency. Competitive range will be determined on the basis of the ratings of each proposal against all evaluation factors. The Government must then indicate to, or discuss with, each Offeror still being considered for award, significant weaknesses, deficiencies, and other aspects of its proposal. The Contracting Officer will notify all contractors eliminated from the competitive range.

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

Upon conclusion of discussions, those firms still considered within the competitive range, will be afforded an opportunity to submit their proposal revisions for final evaluation and selection.

4.1 VOLUME 1 – PERFORMANCE CAPABILITY

LOCATION FACTOR

NUMBER

DESCRIPTION RELATIVE

IMPORTANCE

Volume 1 Tab A Factor 1 Past Performance Technical factor 3 is the most important technical factor, followed by technical factor 1. All remaining technical factors (2 &

4) are equal in importance.

Volume 1 Tab B Factor 2 Proposed Contract Duration, Phasing & Summary Schedule

Volume 1 Tab C Factor 3 Technical Approach

Volume 1 Tab D Factor 4 Organizational Approach

4.2 VOLUME 2 – SMALL BUSINESS PARTICIPATION PLAN

DESCRIPTION RELATIVE

IMPORTANCE

Volume 2 Tab A Factor 5 Small Business Participation

Plan

Technical factor 5 is equal in importance to technical factors 2 & 4. Volume 2 Tab B Factor 5 Past Utilization Of Small

Business

4.3 VOLUME 3 – PRICE

DESCRIPTION RELATIVE

IMPORTANCE

Vol 3 Tabs A-C Factor 6 Price All technical factors (1-

5) when combined are approximately equal in importance to price.

5.0 VOLUME 1 – PERFORMANCE CAPABILITY

GENERAL: The technical factors consist of examples of Past Performance that meet the relevant scope, complexity, and magnitude described below. This Volume also includes factors for a Proposed Contract Duration, Phasing & Summary Schedule, Organizational Approach, Technical Approach, and Small Business Participation Plan.

DEFINITIONS:

• Deficiency: A material failure of a response or proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. (FAR 15.001)

• Weakness: A flaw in the response or proposal that increases the risk of unsuccessful contract performance.

• Significant Weakness: A flaw in the response or proposal that appreciably increases the risk of unsuccessful contract performance. Denoted with an (S).

• Strength: Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract.

• Significant Strength: A significant strength appreciably enhances the merit of a proposal or appreciably enhances the…