W912ER-22-R-0019-Solicitation.pdf

Kingdom of Saudi Arabia Multiple Aw ard Task Order Contract (MATOC)

a. This is an RFP for an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Aw ard Task Order Contract (MATOC) for Foreign Military Sales (FMS) and Military Construction (MILCON) projects in the Kingdom of Saudi Arabia. This project has a base period of tw o years and f ive (5) 12 month option periods. This acquisition w ill follow the Tw o-Phase Design-Build Procedures in accordance w ith FAR Subpart 36.3.

b. Phase I w ill be utilized to determine w hich offerors are the most highly qualif ied in accordance w ith the factors detailed in section 00 21 16 of this solicitation. Up to ten (10) of the most highly qualified offerors w ill be notif ied and requested to provide the pricing and non-pricing proposals required by Phase II.

The maximum Capacity of this Construction MATOC is $449,000,000.

Notes:

(a) The Government reserves the right to incorporate the aw ardee proposal into the contract and distribute the proposal as deemed necessary. Any deviations from the proposal must be approved by the Contracting Officer;

(b) The contractor is required to provide all documentation requested in this solicitation (tender) to include Defense Base Act (DBA) Insurance prior to Notice to Proceed.

LORNA P BECKMAN 540.665.5015

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

08-Oct-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 _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________By Task Order

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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________28 Oct 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 is, X is not required.

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (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:

W912ER22R0019 139

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 01 10 - Table of Contents

Table of Contents

SECTION TITLE PAGE

SECTION 00 10 00 SCOPE OF WORK…………………………………………………………….5

SECTION 00 10 00

SECTION 00 21 00

SECTION 00 21 16

SECTION 00 22 16

SECTION 00 45 00

SECTION 00 70 00

SECTION 00 73 00

STANDARD FORM (SF) 1442 AND CLIN SCHEDULE ................................ 6-9

INSTRUCTIONS … ..................................................................................... 10-18

INSTRUCTIONS TO PROPOSERS ............................................................... 28-37

SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS ............................ 38-45

REPRESENT ATIONS AND CERTIFICATIONS ......................................... 46-61

GENERAL CONDITIONS BY REFERENCE AND FULL TEXT…...62-132

SUPPLEMENT ARY CONDITIONS ............................................... ……..133-143

SPECIFICATIONS:

SUMMARY OF WORK:

DRAWINGS:

DIV 1 1 SPECS FOR 46809 MMSC FAC AND

INFRASTR-RSNF SA

SUMMARY OF WORK: HMMF 01 00

NONE

W912ER22R0019

APPENDIX A: SOLICITATION ATTACHMENTS

ENCLOSURE: A - CORPORATE CERTIFICATE

ENCLOSURE: B- PERFORMANCE DISTRIBUTION STATEMENT

ENCLOSURE: C – CONTRACTOR RESPONSIBILITY

ATTACHMENT: 1- PAST PERFORMANCE OVERVIEW SHEET

ATTACHMENT: 2 - PROJECT SUMMARY FORM

ATTACHMENT: 3 - PAST PERFORMANCE QUESTIONNAIRE (PPQ)

ATTACHMENT: 4 - PROPOSAL SCHEDULE AND COST BREAKDOWN SHEET

ATTACHMENT: 5 - BID SURETY FORM

ATTACHMENT: 6 - PERFORMANCE SURETY FORM

ATTACHMENT: 7 - PAYMENT SURETY FORM

ATTACHMENT: 8 - ANTI-COLLUSION CERTIFICATION

Section 00 10 00 - Solicitation

SCOPE OF WORK

1. CONTRACT DESCRIPTION

This Scope of Work is for a Multiple Award Task Order Contract (MATOC) in support of a full range of design build, design-bid-build, Site Adapt and operation construction activities as appropriate under NAICS 236220 in the Kingdom of Saudi Arabia. Additional capabilities such as knowledge of geographic zones and customers will be required. Task orders will be issued for work to be performed at specific locations at Task Order award. However, changing needs will require alternative projects site locations, and could be anywhere within Saudi Arabia. Each task order RFP will clearly define the required capabilities and/or performance characteristics of the design-build, design-bid-build or site adapt projects to be provided under the proposed task order. This acquisition requires contractors that can mobilize quickly and efficiently, utilizing local supplies, materials, equipment, subcontractors, and labor. The planned acquisition encompasses project locations in remote, predominantly military, areas that may result in contractors mobilizing to multiple remote sites simultaneously.

The Government will award an unrestricted MATOC to the responsible Offerors whose proposals conform to the solicitation and presents the best overall value to the Government, considering the price and non-price factors described herein. In Phase One, the Government will evaluate the Offeror’s qualifications in accordance with the criteria described in Phase One and will down-select a target of 10 (Ten) offerors to compete for the base ID/IQ contract awards in Phase Two of the process. The Government reserves the right to select more or less to move to Phase Two. In Phase Two the Government will award a target of five contracts to firms whose proposals offer the best overall value to the Government, considering price and non-price factors.

2. TYPES OF FACILITIES

This MATOC will provide the US Government with a contract vehicle to award Design-Build, (DB) Design Bid- Build (DBB) and Site Adapt Construction Task Orders for a wide variety of project types, including, but not limited to the new construction or renovation of the following:

Warehouses

Operations Facilities Administrative Facilities/headquarters Facilities Command and Control Facilities Communication centers Fire Stations Medical Facility (Clinic/hospital) Utility Infrastructure

3. TASK ORDERS

The work performed under this MATOC will consist of providing all facilities, plans, labor, transportation, materials, equipment, and the performance of all work necessary to construct the project, including design in the case of Design-Build Task Orders. Each Task Order's Request For Proposal (RFP) will include the details of the requirements.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

KSA MATOC BASE PERIOD

FFP

24-Month – Two- Year Base Period. Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design-Bid-Build, Site -Adapt- Construction, Renovations and Repairs.

FOB: Destination

PSC CD: Y199

NET AMT

0002 1 Job Minimum Guarantee

FFP

Base Period 24 Months: The minimum guarantee of this IDIQ contract is $10,000 and will be obligated against this contract line item at the time of the basic contract award, unless a Task Order is awarded at the same time as the basic IDIQ contract.

1001 1 Job OPTION KSA MATOC Option Period 1

FFP

Option #1 - MATOC 12-Month Option Period 1 (3rd Year). Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design- Bid-Build, Site -Adapt-Construction, Renovations and Repairs.

2001 1 Job OPTION KSA MATOC Option Period 2

FFP

Option #2 - MATOC 12-Month Option Period 2 (4th Year). Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design-

3001 1 Job OPTION KSA MATOC Option Period 3

FFP

Option #3 - MATOC 12-Month Option Period 3 (5th Year). Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design-

4001 1 Job OPTION KSA MATOC Option Period 4

FFP

Option #4 - MATOC 12-Month Option Period 4 (6th Year). Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design- Bid-Build, Site -Adapt-Construction, Renovations and Repairs.

PSC CD: Y199

5001 1 Job OPTION KSA MATOC Option Period 5

FFP

Option #5 - MATOC 12-Month Option Period 5 (7th Year). Task orders issued against this Contract Line Item Number (CLIN) may be for Design Build, Design-

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-MAR-2024

N/A N/A

0002 POP 01-APR-2022 TO

31-MAR-2024

1001 POP 01-APR-2024 TO

31-MAR-2025

2001 POP 01-APR-2025 TO

31-MAR-2026

3001 POP 01-APR-2026 TO

31-MAR-2027

4001 POP 01-APR-2027 TO

31-MAR-2028

5001 POP 01-APR-2028 TO

31-MAR-2029

Section 00 21 00 - Instructions

INSTRUCTIONS

ITEM DESCRIPTION

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) REQUIREMENTS

1.3 MAGNITUDE OF CONSTRUCTION

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 ACCURACY IN PROPOSALS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM) OSTS

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 PROPOSAL REQUIREMENTS

1.10 PROPOSAL CONTENT

1.11 PROPOSAL FORMAT

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.13 SOLICITATION INQUIRIES

1.14 SOLICITATION PROVISIONS

PROVISIONS BY REFERENCE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

52.204-20 PREDECESSOR OF OFFEROR

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND OTHER THAN

CERTIFIED COST OR PRICING DATA

52.217-5 EVALUATION OF OPTIONS

52.232-13 NOTICE OF PROGRESS PAYMENTS

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION

PROVISIONS BY FULL TEXT

52.216-1 TYPE OF CONTRACT

52.216-27 SINGLE OR MULTIPLE AWARDS

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN

52.233-2 SERVICE OF PROTEST

52.236-27, Alt I SITE VISIT (CONSTRUCTION), ALTERNATE I

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS

252.215-7008 ONLY ONE OFFER

1.0 GENERAL INFORMATION

In accordance with Federal Acquisition Regulation (FAR) Subpart 36.3, this solicitation will utilize Two-Phase Design-Build source selection procedures. This Request for Proposal (RFP) is for Phase I. Only proposals for Phase I will be accepted in response to this solicitation. Phase II proposals will be requested by an amendment to this RFP from a maximum of ten (10) most highly qualified offerors. Instructions for Phase I proposal submissions are detailed in Section 00 2116 of this RFP. “For Information Only” instructions for Phase II are detailed in Section 00 22 16 of this RFP and are subject to change.

This RFP is for an Indefinite Delivery, Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for various design-build, design bid build, site adapt construction and other construction projects throughout the Kingdom of Saudi Arabia. The U.S. Army Corps of Engineers (USACE) Transatlantic Middle East District (TAM) is the procuring and administering office for this MATOC and intends to make a target of five (5) awards under this contract. Funding for the assigned projects will be Foreign Military Sales (FMS) and Military Construction (MILCON) funds. Projects will primarily be located on Saudi military bases which may have complex base access procedures.

1.1 GENERAL DESCRIPTION OF WORK

Task orders awarded under this MATOC includes projects that may require a full range of construction types, including design-build, design-bid-build, site-adapt-construction, or renovation and repair. Projects may include but are not limited to facilities infrastructure, utilities infrastructure, pavements (runways and roads), administrative buildings, warehouses, operations facilities, administrative/headquarters facilities, command and control facilities, communications centers, fire stations, military living quarters, medical facility (clinic/hospital), power plants, covered parking, security fencing, entry control points, site work, and demolition. Some of these projects may be located within secured areas.

1.1.1 Performance of Task Orders will be at various locations throughout the Kingdom of Saudi Arabia. Bases are expected to include, but are not limited to, the following: King Saud Air Base and King Khalid Military City (Northern Region), King Abdul Aziz Naval Base (Jubail), Jubail Naval Air Base (Formerly known as Navy Air Base at Royal Commission-King Abdulaziz Military Academy (North of Riyadh), Royal Saudi Land Forces Bases at Khamis Mushait, Dammam, Tabuk, Al Kharj, and Al Qassim, Royal Saudi Air Force bases at TSI (Dhahran), Al Kharj, Taif, Tabuk, Dammam, Khamis Mushait, Royal Saudi Naval Bases at Riyadh, Ras al Ghar, Ras Mishab, and Jeddah, Royal Saudi Air Defense bases in all 6 regions, MOD and Agency HQ facilities at Riyadh, Ministry of Interior Facility Security Forces bases in all 6 regions, US Government Compound at Eskan Village (FMS work).

1.2 AWARDING TASK ORDERS

The Government intends to award a Firm-Fixed-Price MATOC, with a maximum combined capacity of $449 million, to a target of five (5) contractors. The Government reserves the right to award more, fewer, or none at all.

The Government will use competitive procedures in making the award. The total period of performance will not exceed seven (7) years; this is comprised of a two-year base period with five 12-month option periods. The contractor shall provide all management, administration, quality control, labor, transportation, equipment, materials, vehicles, heavy equipment, supplies and other items as necessary to perform the services contained in the resultant task orders’ scopes of work.

1.2.1 The minimum guarantee is $10,000 in services per contract for the base period only. There is no guaranteed minimum for the option periods, if exercised.

PERFORMANCE AND PAYMENT BONDS ARE ONLY APPLICABLE TO THE EXTENT INDICATED ON

INDIVIDUAL TASK ORDERS.

1.2.2 More than one contract is being awarded for the same services under this solicitation. Each awardee will be afforded a fair opportunity to be considered for each task order in excess of $3,500.00 in accordance with FAR

16.505 (b)(1)(i).

1.2.3 Task orders will typically be competed among all awardees. In general, award will be made on a “Best Value” basis as outlined in the individual task order; however, the award could be made as low price.

1.2.4 The Contracting Officer may consider the following factors when awarding a task order:

a. Contract Minimums – Task orders may be distributed to assure the guaranteed minimums are met.

b. Location/Proximity – The majority of the projects will be located within the Kingdom of Saudi Arabia.

However, we reserve the right to award task orders at any location within the Transatlantic Division Mission area.

Travel distance from the contractor’s office to the job site may be a consideration. Current support work at a particular location could be a factor when distributing new work at the same time.

c. Past Performance, including Past Performance on Previous Task Orders – The quality and timeliness of services provided on prior jobs.

d. Capacity to Perform – The ability/capability of the contractor’s staff to take on additional work.

e. Specific Past Experience – Past Experience related to a location or particular type of work.

Note: If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman at the following address: Mr. John A. Jacobson, Executive Director of Contracting, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000. The ombudsman will review the contractor’s complaint, and in coordination with the Contracting Officer ensure that the contractor was afforded a fair opportunity to be considered for the task order.

1.3 MATOC CAPACITY

The maximum capacity of this MATOC is $449 million, over eighty-four (84) months, consisting of a two-year base period and five 12-month option periods.

1.3.1 The magnitude of construction will be provided with the RFP for each individual task order requirement as applicable.

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

The Phase I RFP will be posted on sam.gov at https://sam.gov . However, only up to a maximum of ten

(10) most highly qualified firms as evaluated in Phase I will receive the Phase II RFP and be requested to provide Phase II proposals. The Government will send the Phase II RFP to only those offerors selected to participate in Phase II. Any subsequent amendments will also be posted; however, proposals will only be accepted from those firms invited to participate in phase II. Proposals for Phase I and for Phase II must be submitted through the DOD Safe file exchange. The file exchange will be password protected and the RFP can be downloaded only once. The directions for submitting proposals for Phase I are in paragraph 1.12 below. Each offeror participating in Phase II will receive directions in the SAFE File Exchange email.

1.5 ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM)

Offerors must comply with System for Award Management (SAM) registration requirements in FAR Clause

52.2047 and be determined responsible prior to award. For more information, see the SAM website at https://sam.gov/. Please ensure that NAICS code 236220 – Commercial and Institutional Building Construction is listed in your SAM registration. Those offerors registering for SAM for purposes of this acquisition are cautioned to be cognizant of the corporate name used for SAM registration purposes.

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

The Government will not reimburse any costs incurred or associated with preparation and submission of any responses to this solicitation. Any oral explanations or instructions to offerors if made, 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.

1.9 PROPOSAL REQUIREMENTS

Offerors shall not modify the terms and conditions of the solicitation in either the non-price (technical) or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award.

The offeror should resolve any questions related to specific terms and conditions contained within the solicitation prior to submission of their offer.

1.9.1 References to “confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of an offeror’s technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions at FAR clause 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data.

1.9.2 Use of the words “will”, “shall”, or “must” indicates a mandatory requirement. Failure to comply with a mandatory requirement at the time and date for submission of proposals shall result in an offeror’s proposal being disqualified from consideration for award, unless the Government determines to conduct discussions with offerors , thereby providing a means by which appropriate corrections by the offeror(s) involved could be made. Offerors are responsible for including sufficient details in their Phase I proposals, in a concise manner, to permit a complete and accurate evaluation of Phase I proposals. Offerors should not assume that they will have an opportunity to clarify or correct anything in their proposal after submitting it in response to Phase I. The Government may evaluate Phase I proposals as submitted, without further discussions. However, the Government reserves the right to talk with, or otherwise contact, offerors during Phase I and to request additional information for Phase I proposal revisions, if determined to be necessary and in the best interests of the Government. The Government reserves the right to have such discussions with some, all, or none of the offerors. Such discussions are not subject to FAR

15.306. Failure to comply with requirements annotated with the words “should” or “may” could result in an unacceptable rating of an offeror’s non-pricing factors, and may have a significant effect upon an offeror being selected for the contract award. Time periods, if stated as a number of days, are calendar days unless otherwise specified.

1.10 PROPOSAL CONTENT

Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror.

1.10.1 Cover Page: A cover page shall appear at the beginning of each Volume, at a minimum, shall consist of the following information:

a. Solicitation number

b. Offeror’s name, physical mailing address(es), telephone number, and email address of the official having the authority to bind the offeror contractually

c. Offeror’s UEIN Number, CAGE Code, and Tax ID (TIN), if applicable.

1.10.2 Table of Contents: A table of contents shall be placed in each Volume, which identifies major areas by title and page numbers.

1.10.3 Volume I - Technical Proposal: All information that the offeror intends to be evaluated as part of the non-price (technical) proposal shall be submitted with the non-price proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the proposal could lead to an offeror’s proposal being determined unacceptable if materially incomplete in any aspect.

1.10.4 Volume II – Pro Forma Information:

1.10.5 If the offeror is a corporation, include a completed Corporate Certificate, if applicable. (Attachment 6)

1.10.6 If the offeror is a joint venture (JV), include a Corporate Certificate for EACH member of the joint venture AND a copy of the joint venture agreement.

1.10.7 Failure to submit the required information, including the Completed Representation and Certifications (Section 00 45 00), or Corporate Certificate and joint venture agreement (if applicable), may result in a determination that the proposal is non-responsive or unacceptable, and therefore, un-awardable.

1.10.8 If the offeror is submitting a proposal as a JV, the JV agreement shall:

-- Be in English, signed by all parties of the JV Contain a detailed statement outlining the following:

a. The relationship of the JV parties, expressed as percentages and/or other appropriate means, in terms of business ownership, capital contribution, and profit distribution or loss sharing.

b. The management approach of the JV in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the JV and perform the duties necessary to complete the work.

c. The structure of the JV and decision-ranking responsibilities of the JV parties in terms of who will control the manner and method of performance of the work.

d. Identification of the key personnel having authority to legally bind the JV to subcontracts and state who will provide or contract for the labor and materials for the JV.

e. Identification of party maintaining the JV bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the JV.

f. Identification of party furnishing the facilities, such as office supplies and telephone service.

g. Identification of party having overall control of the JV.

h. Contain a statement in the agreement that each member of the JV will be jointly and severally liable for any obligations under the contract.

i. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual JV parties and identify the party, or hired as employees of the JV.

1.10.9 Offerors shall verify that the information for all forms submitted is current, correct, and complete, including names of points of contact, email addresses, and telephone numbers.

1.10.10 Failure to submit or to completely fill out the solicitation attachments found at Appendix A may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through the Bidder Inquiry process (via ProjNet) described herein.

1.11 PROPOSAL FORMAT

Proposals, including all attachments and supporting documents, must be typed and submitted in English. Proposals submitted in a language other than English will be considered unacceptable. Letters of Intent, licenses, or joint venture agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner, that the English translation is true and correct.

1.11.1 An offeror’s proposal must be submitted electronically and must include the content and adhere to the format discussed herein.

1.11.2 Page limits apply to Factor 1 AND Factor 2. Each factor’s page limits are discussed in the respective section. The Government will not evaluate any material that exceeds the page limits specified herein. Corporate certificates, joint venture agreements, and Letters of Intent are also not included in page limitations.

1.11.3 Offerors shall include the following notification on the bottom of each page of their proposals: “Source Selection Information – See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person.” Proprietary information must be clearly marked.

1.11.4 All information must be confined to the appropriate Volume. The offeror should limit the proposal to the required information sufficient to provide the Government an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposal.

1.11.5 Proposal revisions, if required, shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision or amendment, e.g., Error, Omission or Clarification shall be included and be annotated for each revision. Proposal replacement pages shall be numbered and clearly marked “REVISED”, with the date of revision.

1.11.6 Within three (3) days of contract award, the contractor receiving the award shall submit their conformed proposal by DoD SAFE to the points of contact identified herein.

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.12.1 ELECTRONIC PROPOSAL SUBMISSION

Proposals: ALL SUBMISSIONS TO THIS PROPOSAL ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH DOD SAFE. No paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email.

Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).

Instructions for uploading are as follows:

a. Send an email to the Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to proposal due date.

• Ms. Lorna P. Beckman at Lorna.P.Beckman@usace.army.mil AND

• Ms. Christa L. Proctor at Christa.L.Proctor@usace.army.mil

b. You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the proposal due date.

c. Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter:

W912ER22R0019-FIRMNAME.

d. Click Upload button to send documents.

e. Guest users will need to check their email to verify their email address before the recipients will be notified.

(Government-issued Common Access Cards (CACs) are not required).

File Size Limitations: Offerors are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912ER22R0019-FIRMNAME-VOLUME I

• W912ER22R0019-FIRMNAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description.

Please see examples above.

File Organization: Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 fold- outs, etc.) will be counted as two pages. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in each section for each factor.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time &date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously.

Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process.

Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

Electronic Files: Files shall be in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors – Competitive Acquisition (Jan 2017),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

1.12.2 Late Proposals

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017), paragraph (c)(3)(ii) regarding late submission of proposals, modifications or revisions.

1.13 SOLICITATION INQUIRIES

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation. To submit and review bid inquiry items, bidders will need to be a current registered user or self- register into system.

The Solicitation Number is: W912ER22R0019

The Bidder Inquiry Key is: IQ9E78-JTX75A

1.13.1 Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

e. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

f. 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.

g. Select Add User. Once this is completed, you are now registered within ProjNet and are currently logged into the system.

1.13.2 Specific Instructions for Future ProjNet Bid Inquiry Access:

a. 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.

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

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

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

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

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

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

From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

NOTES:

a. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

b. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs.

Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

c. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled ten (10) calendar days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within five (5) calendar days prior to the closing date stated in the solicitation.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.216-32 Task-Order and Delivery-Order Ombudsman SEP 2019 52.217-5 Evaluation Of Options JUL 1990 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

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

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

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a five (5) Indefinite Delivery Indefinite Quantity Multiple Award contracts for Firm Fixed Price Task Orders resulting from this solicitation.

Firm Fixed Price

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect…