W912EP20R0043 DRAFT PRARNG JTC v1_19Jul21.pdf

W912EP20R0043

Jacksonville District

Puerto Rico Army National Guard Joint Training Center Camp Santiago

Puerto Rico

Construction Solicitation and Specifications Volume 1 of 2

19 JULY 2021

Draft

Design Bid Build – Construction Contract in Support of Puerto Rico Army National Guard (PRARNG) Joint Training Center Military Construction (MILCON) Projects.

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION DRAWINGS: SEE DFARS CLAUSE

252.236-7001, IN SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $100,000,000 - $250,000,000.

THIS IS AN UNRESTRICTED SOLICITATION. ALL RESPONSIBLE OFFERORS ARE ENCOURAGED TO PARTICIPATE. THE NAICS CODE IS 236220

AND THE SMALL BUSINESS SIZE STANDARD IS $39.5 MILLION.

**BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE.**

A PRE-PROPOSAL TELECONFERENCE HAS BEEN SCHEDULED FOR SEE SECTION 0700.

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITION. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL BE MADE UNTIL APPROPRIATED FUNDS

ARE MADE AVAILABLE.

HALIS L BATISTA

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

19-Jul-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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 _______10 calendar days and complete it w ithin ________1460 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

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 ______________18 Aug 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP

PAGE OF PAGES

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)

FAX:TEL: TEL: FAX:

W912EP20R0043 1 OF 90

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 00010A

LINE ITEMS AND PRICING SCHEDULE

PUERTO RICO ARMY NATIONAL GUARD, JOINT TRAINING CENTER, CAMP

SANTIAGO, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE BID ITEMS

0001 PARTNERING REGROUP MEETING 5 EA $_____________ $_______________

0002 CONTRACTING OFFICER OFFICE TRAILER 60 MNTH $_____________ $_______________

CONSTRUCTION OF 2+2 BARRACKS INCL.

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM - BLD 304, 316

2 EA $_____________ $_______________

CONSTRUCTION OF OPEN BAY BARRACKS

INCL. ICC500 COMPLIANT IMPACT

PROTECTION SYSTEM - BLD 445, 450, 455,

460, 465, 470

6 EA $_____________ $_______________

CONSTRUCTION OF PRIVATE BARRACKS-A

INCL. ICC500 COMPLIANT IMPACT

PROTECTION SYSTEM - BLD 300, 312

2 EA $_____________ $_______________

0006 SITE WORK-BARRACKS JOB $_______________

0007 DEMOLITION (SEE NOTE 8) JOB $_______________

0008 CONCRETE DEBRIS REMOVAL 1090 TON $_____________ $_______________

TOTAL BASE BID PRICE (ITEMS 0001 THROUGH 0008) $_______________

BARRACKS-OPTIONAL ITEM

0009 FF&E-BARRACKS - BLD 300, 304, 312, 316,

445, 450, 455, 460, 465, 470 (SEE NOTE 4) JOB $_______________

DINING FACILITY (DFAC)-OPTIONAL ITEMS

0010 CONSTRUCTION OF DFAC-1 & SITE WORK -

BLD 314 1 EA $_____________ $_______________

0011 CONSTRUCTION OF DFAC-2 & SITE WORK -

BLD 302 1 EA $_____________ $_______________

0012 ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM-DFAC-1 - BLD 314 1 EA $_____________ $_______________

0013 ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM-DFAC-2 - BLD 302 1 EA $_____________ $_______________

0014 FF&E-DFAC-1 - BLD 314 (SEE NOTE 4) 1 EA $_____________ $_______________

0015 FF&E-DFAC-2 - BLD 302 (SEE NOTE 4) 1 EA $_____________ $_______________

PUERTO RICO ARMY NATIONAL GUARD, JOINT TRAINING CENTER, CAMP

SANTIAGO, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

HQ-OPTIONAL ITEMS-NORTH OF 18TH

AVE/WEST OF 3RD STREET (SEE NOTE 7)

0016 CONSTRUCTION OF BATTALION BLD (HQ2) -

BLD 495 1 EA $_____________ $_______________

0017 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 475 1 EA $_____________ $_______________

0018 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 480 1 EA $_____________ $_______________

0019 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 485 1 EA $_____________ $_______________

0020 CONSTRUCTION OF BATTALION MAINT

SHELTER (HQ5-B) - BLD 490 1 EA $_____________ $_______________

CONSTRUCTION OF SITEWORK &

UTILITIES-NORTH OF 18TH AVE/WEST OF

3RD STREET (SEE NOTE 5)

1 EA $_____________ $_______________

0022 ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM BATTALION (HQ2) - BLD 495 1 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM COMPANY SUPPLY ADMIN BLD

(HQ4) - BLD 475, 480, 485

3 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM BATTALION MAINT SHELTER (HQ5-

B) - BLD 490

1 EA $_____________ $_______________

0025 FF&E-BATTALION BLD (HQ2) - BLD 495 (SEE

NOTE 4) 1 EA $_____________ $_______________

0026 FF&E-COMPANY SUPPLY ADMIN BLD (HQ4) -

BLD 475, 480, 485 (SEE NOTE 4) 3 EA $_____________ $_______________

0027 FF&E-BATTALION MAINT SHELTER (HQ5-B) -

BLD 490 (SEE NOTE 4) 1 EA $_____________ $_______________

HQ-OPTIONAL ITEMS-SOUTH OF 16TH

AVE/NORTH OF 8TH ST (SEE NOTE 7)

0028 CONSTRUCTION OF GIB/MISSION

TRAINING BLD (HQ1) - BLD 308 1 EA $_____________ $_______________

0029 CONSTRUCTION OF BATTALION BLD (HQ2) -

BLD 306 1 EA $_____________ $_______________

PUERTO RICO ARMY NATIONAL GUARD, JOINT TRAINING CENTER, CAMP

SANTIAGO, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0030 CONSTRUCTION OF BATTALION BLD (HQ2) -

BLD 310 1 EA $_____________ $_______________

0031 CONSTRUCTION OF BRIGADE BLD (HQ6) -

BLD 318 1 EA $_____________ $_______________

CONSTRUCTION OF SITEWORK &

UTILITIES-SOUTH OF 16TH AVE/NORTH OF

8TH ST (SEE NOTE 5)

1 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM GIB/MISSION TRAINING BLD (HQ1)

- BLD 308

1 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM BATTALION BLD (HQ2) - BLD 306,

2 EA $_____________ $_______________

0035 ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM BRIGADE BLD (HQ6) - BLD 318 1 EA $_____________ $_______________

0036 FF&E-GIB / MISSION TRAINING BLD (HQ1) -

BLD 308 (SEE NOTE 4) 1 EA $_____________ $_______________

0037 FF&E-BATTALION BLD (HQ2) - BLD 306, 310

(SEE NOTE 4) 2 EA $_____________ $_______________

0038 FF&E-BRIGADE BLD (HQ6) - BLD 318 (SEE

NOTE 4) 1 EA $_____________ $_______________

HQ-OPTIONAL ITEMS-SOUTH OF 8TH

STREET (SEE NOTE 7)

0039 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 301 1 EA $_____________ $_______________

0040 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 303 1 EA $_____________ $_______________

0041 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 305 1 EA $_____________ $_______________

0042 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 315 1 EA $_____________ $_______________

0043 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 317 1 EA $_____________ $_______________

0044 CONSTRUCTION OF COMPANY SUPPLY

ADMIN BLD (HQ4) - BLD 319 1 EA $_____________ $_______________

PUERTO RICO ARMY NATIONAL GUARD, JOINT TRAINING CENTER, CAMP

SANTIAGO, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0045 CONSTRUCTION OF BATTALION MAINT

SHELTER (HQ5-A) - BLD 321 1 EA $_____________ $_______________

0046 CONSTRUCTION OF BATTALION MAINT

SHELTER (HQ5-A) - BLD 323 1 EA $_____________ $_______________

CONSTRUCTION OF SITEWORK &

UTILITIES-SOUTH OF 8TH STREET (SEE

NOTE 5)

1 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM COMPANY SUPPLY ADMIN BLD

(HQ4) - BLD 301, 303, 305, 315, 317, 319

6 EA $_____________ $_______________

ICC500 COMPLIANT IMPACT PROTECTION

SYSTEM BATTALION MAINT SHELTER (HQ5-

A) - BLD 321, 323

2 EA $_____________ $_______________

FF&E-COMPANY SUPPLY ADMIN BLD (HQ4) -

BLD 301, 303, 305, 315, 317, 319 (SEE NOTE

4)

6 EA $_____________ $_______________

0051 FF&E-BATTALION MAINT SHELTER (HQ5-A) -

BLD 321, 323 (SEE NOTE 4) 2 EA $_____________ $_______________

DEMOLITION-OPTIONAL ITEMS

0052 ASBESTOS ABATEMENT - BLD 705 (SEE

NOTE 7) 2000 SF $_____________ $_______________

0053 ASBESTOS ABATEMENT - BLD 745 (SEE

NOTE 7) 2000 SF $_____________ $_______________

0054 ASBESTOS ABATEMENT - BLD 747 (SEE

NOTE 7) 3200 SF $_____________ $_______________

TOTAL OPTION BID PRICE (ITEMS 0009 THROUGH 0054) $_______________

TOTAL BID PRICE (ITEMS 0001 THROUGH 0054) $_______________

NOTES:

(1) OFFER MUST PRICE ALL LINE ITEMS. SEE SECTION 00100 INSTRUCTIONS CONDITIONS AND NOTICES TO

OFFERORS.

(2) SEE FAR CLAUSE 52.215-4011 OFFERORS CHECKLIST OF SECTION 00100.

(3) ALL SPECIFICATION REFERENCES TO LUMP SUM SHALL APPLY TO LINE ITEMS INDICATING JOB AS THE UNIT.

(4) FF&E ITEMS: THE GOVERNMENT RESERVES THE RIGHT TO AWARD THESE OPTION ITEMS BEYOND THE INITIAL

AWARD. REFER TO FAR CLAUSE 52.217-9 FOR FURTHER DETAIL.

(5) HQ SITE WORK & UTILITY ITEMS: INCLUDES ALL UTILITIES AND SITEWORK WITHIN AND SUPPORTING THE SITE AREA. IF A BUILDING IS NOT AWARDED WITHIN THE SITE, UTILITIES WILL BE TAKEN TO 5 FEET FROM THE BUILDING

PERIMETER AND CAPPED.

(6) FOR SITE LAYOUT, REFERENCE SHEET CI-0004.

PUERTO RICO ARMY NATIONAL GUARD, JOINT TRAINING CENTER, CAMP

SANTIAGO, PUERTO RICO

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

DEFINITIONS:

DFAC = DINING FACILITY. HQ = HEADQUARTERS. BLD = BUILDING NUMBER. FF&E = FURNITURE, FIXTURES, &

EQUIPMENT. INCL = INCLUDING.

(7) THE GOVERNMENT MAY CHOOSE NOT TO AWARD THESE ITEMS AND HAVE THEM PERFORMED BY OTHER MEANS.

(8) WORK INCLUDES DEMOLITION OF IDENTIFIED BUILDINGS, SITE WORK INCLUDING BUT NOT LIMITED TO OVERHEAD ELECTRICAL DISTRIBUTION, UTILITIES, LANDSCAPING, HARDSCAPE, PAVEMENTS, PARKING LOTS, SIDEWALKS.

W912EP20R0043 00010A-2

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 14 August 2021 (4:00 pm). 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 / question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question 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 the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are all finalized.

The Solicitation Number is: W912EP20R0043

The Bidder Inquiry Key is: 785ZTP-B3J7XH

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

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

4. 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.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. 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 from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

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

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

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

Section 00100 - INSTRUCTIONS TO OFFERORS

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.211-6 Brand Name or Equal AUG 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-25 Affirmative Action Compliance APR 1984 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(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.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for August 5, 2021 at 9:00 AM Eastern Time. Meeting Point: Camp Santiago Main Gate Parking Area. POC: Carmelo Grau - (787) 309-8645; Maricarmen Crespo (787) 398-9166.

Information for Site Visit

- ALL individuals planning to participate of the site visit shall register, via email - Ingrid.A.Moreno- Cedeno@usace.army.mil. Provide your name, company, phone number and email information.

- Each individual must complete a DD 369 (See attachment) Form and submit it to the Antilles Area Office by 12:00pm on 22 AUG 2021 to secure the access to the Installation. In addition to the DD 369, you shall provide copy of a valid ID (Driver's License or US Passport) attached to the form. Due to the requirement of Personal Identifiable Information (PII) to be included in the form two options may be provided to submit the required documentation:

1. Send via email to Ingrid.A.Moreno-Cedeno@usace.army.mil ; complete the form(s), Blocks #1 to #9 and #11, except Block #7. Ms. Moreno will call the individual and request the complete SSN in order to submit to the Fort Buchanan Police.

OR

2. Send hard copy via mail (USPS, FedEx, UPS, etc.); complete the form Blocks #1 to #9 and #11. If this is the selected option, the form shall be received in the Antilles Area Office by noon 22 AUG 2021. Forms received after the deadline will not provide the required time for processing and individual will not be able to access the Installation.

US Army Corps of Engineers AAO Construction Div. c/o Ingrid Moreno Fund A. Ramos Annex Bldg Ste 202 383 Franklin D. Roosevelt Ave San Juan, PR 00918

* For either option, include contact information (phone number and email) of EACH individual submitting forms in order to be able to contact each one of them if necessary.

-The forms will be submitted to the PR Army National Guard Representative on or before COB 22 AUG 2021; we cannot guarantee that forms that are received later than this date will be processed; therefore, most likely, will not have authorization to access the Installation.

- Individuals with a negative police record check, will be notified by the Antilles Office representative and will not be able to obtain an access pass to Camp Santiago; therefore will not be able to participate of the site visit.

- The attendees shall plan to be at the meeting point at least 30 mins before the time scheduled for the site visit to process/receive a day pass for access. A valid ID will be required (Driver's License, US Passport) - cannot be expired.

- The vehicles to access the Base will need to have a valid registration ("Marbete") and be in good conditions. The Camp Santiago Police reserves the right to allow vehicles on Post.

- All attendees must observe the Installation rules, including but not limited to driving requirements within the Installation.

- As per the schedule, all contractors and USACE will access the Base and drive together to Building 763; all will attend a presentation in Room #003 prior to move as a group to the site. Those that are not timely at the Main Gate meeting point will not be able to participate of the site visit.

- The prospective bidders are responsible for bringing all required documents to perform the site investigation. The Government will NOT have plans and specifications during the site visit.

- During the site visit, no questions will be answered. All questions related to the findings on site shall be posted in ProjNet (Bid Inquiry) for Government evaluation and response as required in the contract solicitation.

- PICTURES are allowed within the boundaries of the project site. Individuals taking pictures or videos beyond the project site area will be immediately reported to the Camp Santiago Police Department and ESCORTED OUT of the Installation.

- There are no access restrictions related to COVID-19, however all non-vaccinated individuals on Camp Santiago shall use a face mask at all times.

(c) A Pre-Proposal Conference Call will be held on 5 August 2021 at 10:00 AM to address any further questions.

Callers can call in at: (844) 800-2712, Access Code: 1996-31-3682, Attendee Code: PRESS#

(d) Core borings are available. (If available, follow the instructions in the Physical Data paragraph in Section 00700 to make arrangements to inspect the borings. Failure to follow the instructions may result in a delay ranging in duration from one hour to 4 days.)

(End of provision)

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):

For FAR: http://www/arnet.gov/far/ For DFARS: http://www.acq.osd.mil/dp/dars/dfars/dfars.html

(End of provision)

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 DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

SECTION 00100A

SECTION 00100A

A. BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four evaluation factors: Technical Merit, Past Performance, Small Business Participation, and Price.

The Contracting Officer will use a trade-off process to determine which offer represents the best value to the Government. This process allows the Contracting Officer to consider making award to other than the lowest priced offeror or other than the highest technically rated offeror.

To receive consideration for award, a rating of no less than "Acceptable" must be achieved for the Technical Merit Factor and Small Business Participation Factor. A rating of “Unacceptable” for any Factor will result in a rating of “Unacceptable” for the entire proposal.

Offerors are cautioned that the award may not necessarily be made to the lowest price offeror or the highest technically rated offeror.

Note: Individual Elements will not be given an evaluating rating; however, each Element shall be considered in the evaluation of the Factor each Element is placed under.

Note: All evaluation factors other than price, when combined, are significantly more important than price.

Limitations on Substitutions for Certain Positions and/or Subcontractors

Certain items of work are considered particularly critical to successful completion of the project and may be completed by subcontractors. The Government will consider the qualifications of these subcontractors during its evaluation of the offeror’s proposal. In accordance with the Limitations On Substitutions For Certain Positions and/or Subcontractors paragraph of this solicitation (See Section 00800), if the offeror is awarded a contract the offeror will not be permitted to make substitutions without the approval of the Contracting Officer or Administrative Contracting Officer. If the offeror does not name a subcontractor for any identified item of work, the Government will assume the offeror intends to perform the work with its own forces and, if the offeror receives the contract, no substitutions will be allowed without prior approval of the Contracting Officer.

Joint Venture Agreements

Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and will be subject to review. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration is required and must be submitted with the offeror’s proposal. Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively. In addition, the joint venture must be registered in the System for Award Management website (SAM.gov) as a joint venture in order for an award to be made.

B. FACTORS AND ELEMENTS TO BE EVALUATED

The following evaluation factors and elements will be used to evaluate each proposal: award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and elements described below. Please note the relative importance identified in the table below.

FACTOR 1 Technical Merit

Element 1 Organization and Management Plan Element 2 Construction Schedule

FACTOR 2 Past Performance

FACTOR 3 Small Business Participation Plan

Element 1 Element 2

Small Business Participation Plan Past Utilization of Small Business Concerns

FACTOR 4 Price and Price Related Information

C. FACTOR SUBMISSION REQUIREMENTS AND EVALUATION METHODS

Evaluation Approach

All proposals shall be subject to evaluation by a team of Government evaluators. Proposals will be evaluated on the basis of the factors stated in the solicitation to select the responsible offeror whose proposal is most advantageous to the Government. Offerors are required to submit proposals with the content specified herein. Proposals without the specified content may be determined Unacceptable and removed from the competition. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the offeror. All responsible offerors whose proposals are among the most highly rated may be included in the competitive range in accordance with FAR 15.306(c)(1) and (2). However, the Government reserves the right to limit the number of proposals in the competitive range for purposes of efficiency. By submitting an offer in response to this solicitation, offerors are agreeing to comply with all terms and conditions contained in the solicitation. Unless the solicitation specifically invites the offeror to submit exceptions, the Source Selection Authority/Contracting Officer may reject any offer that contains exceptions and or qualifying language. In this solicitation, the words “offer” and “proposal” are used interchangeably. (See definition of “offer” at FAR 2.101.) Except for any portions of the offeror’s proposal incorporated into the resulting contract by specific reference, the terms and conditions included in the solicitation, including any amendments, shall take precedence over the offeror’s proposal.

Proposal Evaluation

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 price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Further, if the Contracting Officer determines that discussions are necessary and 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.

The Source Selection Evaluation Board (SSEB) will evaluate quality proposals using adjective ratings and cost or price. All evaluation factors, when combined, other than cost or price are significantly more important than price. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001.

Source Selection Decision

The Source Selection Authority/Contracting Officer, independently exercising prudent business judgment, will make the source selection decision based on the proposal that represents the best value to the Government. The Source Selection Authority/Contracting Officer will not receive a recommend from any individual or body as to which offeror should receive the award and will not receive a rank order or order of merit list pertaining to the offers being evaluated.

FACTOR 1 – TECHNICAL MERIT

In responding to this factor, the objective should be to instill confidence that the offeror thoroughly understands the requirements of the solicitation, has the adequate resources to execute, and has the expertise and experience required to successfully satisfy or exceed the solicitation requirements within the required period of performance (See Section 00700, FAR Clause 52.211-10).

In accordance with the Limitations on Substitutions For Certain Items of Work, Positions and/or Subcontractors paragraph in Section 00800 of this solicitation, a letter of commitment must be provided as established under Factor 1, Element 2 “Organization and Management Plan” for each Major Subcontractor and each individual submitted under the Key Project Personnel.

A major subcontractor is defined as any subcontractor whose experience is submitted as part of this proposal and is also identified in the non-substitution clause in Section 00800 of the Solicitation. Key Personnel refers to the personnel occupying the positions listed under Factor 1, Element 2 “Organization and Management Plan”, paragraph Key Project Personnel

Capabilities and Experience.

A letter of commitment is defined as a letter, from the sub-contractor and from each individual listed under key project personnel, on official Company letterhead (1) addressed to the prime contractor, (2) identifying the work they intend to perform or position to be hold, (3) stating that the individual is willing to be bound to perform the identified work if the prime is selected to perform this contract. A letter of commitment simply stating that a major subcontractor commits to submit pricing to the offeror does not satisfy this requirement.

Failure to provide a letter of commitment from proposed major subcontractor or key project personnel will be noted as a deficiency.

Elements are not rated separately. An overall rating will be assigned for Factor 1 – Technical Merit. See “Technical Merit Ratings” below.

ELEMENT 1 – ORGANIZATION AND MANAGEMENT PLAN

Submission Requirements

Provide a management plan narrative for the project that describes the offeror’s organization, and to explain how they will manage, supervise, coordinate, and use labor, resources, designers, subcontractors, and material suppliers to ensure successful completion of the project.

Additionally, the Organization and Management Plan shall include the following information:

Organization:

• Identify and describe the prime contractor resources and how their resources will be utilized, their roles and responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint venture arrangements, including a clear description of each firm’s roles and responsibilities on the project.

• Provide a projection of the prime contractor and subcontractors workload for the next four (4) years, emphasizing on the two immediate years. Distinguish clearly between the prime and subcontractors.

• Identify the major sub-contractor firms. Briefly describe their resources and experience on their specific trade/discipline. Describe their experience working on projects relevant to this solicitation. Clearly note and briefly describe previous experience working/teaming with the proposed sub-contractors.

• Provide an organizational chart for this project showing home office support, on-site management, and the responsible chain of command; include key personnel and the proposed quality, safety, and management structures within the organization. JV offerors must show the respective areas of responsibility for each partner. The chart shall depict the key positions and names of personnel, their firm affiliations, their job/position title within the organization, and a clear identification of personnel on-site versus off-site personnel. Clearly depict the lines of authority/reporting within the team.

Key Project Personnel Capabilities and Experience:

• Provide a consolidated list of key personnel with name, position title and description of project responsibility for each. Indicate whether each individual has had a significant role in any of the cited project examples submitted under Factor 2: Past Performance. If alternates are proposed for key personnel, the rating will consider the lesser qualified or experienced person, if there is a difference. Include key sub-c. For each person provide a brief resume, using the Key Personnel Resume forms (Attachment 9) at the end of this section. The resumes must identify the experiences based on projects; include the dates and roles on projects included to clearly demonstrate that the individual possesses the required years of relevant experience. The following personnel must be identified:

- Project Manager

- Superintendent

- Construction Quality Control Manager

- Site Safety and Health Officer

- Scheduler

- LEED AP (BD+C)

- LEED Commissioning Firm/Specialists (CxC)

- Designer of Record for Pre-Engineered Metal Buildings

• In accordance with the non-substitution clause in Section 00800, Limitations on

Substitutions for Certain Positions and/or Subcontractors, a letter of commitment must be provided for any proposed major subcontractor and for each individual listed under key personnel (refer to the list of key personnel above). Use a Letter of Commitment template to provide letters of commitment. (Attachment 2).

- Key Personnel refers to the personnel occupying the positions listed under

“Key Project Personnel Capabilities and Experience”.

- A letter of commitment is defined as a letter from the sub-contractor and from the key personnel on official Company letterhead (1) addressed to the prime contractor, (2) identifying the work they intend to perform or position to be hold, (3) stating that the individual is willing to be bound to perform the identified work if the prime is selected to perform this contract.

Quality Control:

• Describe the team’s quality control approach, corporate systems and capabilities to maintain quality control during construction.

• Provide your management approach to implement the Three Phases of Control.

Describe Contractor Quality Control (CQC) team structure, identifying leadership and key personnel roles and responsibilities. Identify key CQC documentation and control activities or processes to provide a quality product that is contractually compliant.

• Describe your process for managing, coordinating, and tracking changes that arise during construction.

• Describe your approach to closeout and turnover activities including but not limited to final as-built preparation and submission, warranties, commissioning.

• Provide your management approach for Accident Prevention and Application of EM 385-1-1 to support project site safety. Include accident reporting procedures and organizational chart of onsite safety management.

Evaluation Method

The SSEB will evaluate the Organization and Management Plan narrative based on the level of understanding of the work and the involvement the contractor will have in the management, oversight, control, and coordination of the work performed during construction of the project.

Narratives that demonstrate a clear understanding of the project requirements and provide a thorough approach for successfully managing the solicited project may be rated more favorably by the SSEB.

The SSEB will evaluate how well the offeror demonstrates that it has the necessary structure and experienced, qualified personnel within its organization to effectively manage, control, administer and execute the construction operations, quality control program and subcontracts.

This shall be achievable with other projected on-going work.

Organization: The offeror’s organizational chart will be evaluated based on the clarity, adequacy, capabilities, and strengths for successfully managing the solicited project. The Government will evaluate the strengths, weaknesses and any deficiencies in the organization and technical approach. The Government will evaluate the firm’s understanding of the scope of the project, the requirements described in the Division 01 specifications of this Solicitation, and the capability to execute the project based on organizational experience, resources and workload.

Key Personnel Capabilities and Experience: The Government will evaluate the required information to determine how well the offeror identifies and demonstrates that its key personnel meet or exceed minimum qualifications necessary, which includes previous satisfactory experience in similar type work, to manage, control and perform construction. The SSEB will consider the performance of the key personnel proposed during the proposal evaluation. The required qualifications for the key personnel identified below is described in detail within the Division 01 specifications; individuals submitted in this proposal shall comply with all the qualification requirements subscribed under the Division 01 specifications. A summary of the qualifications is included for reference; any requirement spelled under this section, above and beyond the requirements established under Division 01 specifications, will supersede.

• Project Manager: The Project Manager shall be an employee of the Contractor (not subcontractor or services). This is the individual who has the direct responsibility for all operations on the site. This individual shall have a recognized four-year college degree in engineering or construction management, minimum experience of ten (10) years in managing and supervising construction for projects similar in scope of the contract.

Professional(s) shall be familiar and conversant with the various codes and standards applicable to the scope of work and to the local conditions, permitting processes, and regulations. The Project Manager for a contract shall oversee task accomplishment, administer all instructions, and answer all questions from the Contracting Officer pertaining to the tasks during the life of the contract.

• Superintendent: The Superintendent shall be an employee of the Contractor (not subcontractor or services). The minimum experience requirements for the Superintendent are ten (10) years of experience as superintendent, managing multiple trades and sub-contractors during the construction of the types of projects listed in Relevant Specialized Experience or commercial or industrial experience of similar size, scope and technical consideration.

• Construction Quality Control Manager: Shall be a Professional Civil Engineer/Licensed (PE) or a Registered Architect (RA), with at least ten (10) years of experience on vertical/military construction. To perform the Quality Control duties the individual must have at least 5 years of experience in Quality Control during the construction of the project types listed in Relevant Specialized Experience or commercial or industrial experience of similar size, scope and technical consideration. The CQCM cannot perform other duties than those related to the construction quality control management.

• Site Safety and Health Officer: The SSHO minimum experience requirements are 10 years of demonstrable SSHO experience on similar projects or be a College graduate with five (5) years of Construction Industry safety experience on similar projects in supervising or managing general or industry construction; possess a 30-hour OSHA Construction Industry certification and a current First Aid and CPR Training/AED.