pdp30356.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is being issued to inform the vendors that answ ers to the vendor questions have been posted in ProjNet and included in this amendment. Revisions has also been made to this solicitation as set forth on the continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

1 19

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912ER-17-B-0001

X 9B. DATED (SEE ITEM 11)

21-Aug-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

U0002

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Sep-2017

CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

W912ER 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

- SF 30 BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

This amendment is being issued to inform the vendors that answers to the vendor questions have been posted in ProjNet and included in this amendment. FAR Clause 52.228 15 Performance and Payment Bonds Construction has been decreased to 5% Performance Bond and 5% Payment Bond. The Solicitation is being amended to require, at Step Two, a bid guarantee in the amount of twenty (20) percent of the bid price or $3 million, whichever is less. Factor 3: Financial Surety has been revised, and the form Bank Letter of Assurance (Attachment C) is now deleted. This does not impact the requirement to provide proof of ability to obtain surety, one of the forms for which could be a bank letter of assurance; however, the form provided should not be used. See the response to Bidder Inquiry No. 8 for further explanation. Changes are highlighted.

Proposals are now due: October 4, 2017, at 3:00 P.M. Eastern Time ProjNet has reopen for questions and will close for questions on: September 28, 2017, at 4:00 P.M.

The ProjNet key is: K9CRYU-K25UMW

Bidder Inquiry from Contractors and Government Response

1. Dear Sir/Madam, In Factor 3 - Financial Surety, on Pg 7 of 122, it is stated that Quote' Offerors are required to submit proof of their ability to obtain surety in the form of performance and payment bonds, irrevocable letters of credit, or other surety as described in FAR Part 28. Such surety or bank shall attest to the offeror's ability to obtain bonding or a satisfactory Irrevocable Letter of Credit (ILC) for $7 million US Dollars (USD) coverage for the duration of the contract performance period of 1065 calendar days.' End Quote In the same section, it is also stated that Quote' Only federally insured financial institutions shall confirm the offeror's ability to obtain the ILC.' End Quote We are a major Saudi construction company operating in the Kingdom for decades now and our dealings are specifically with the Saudi Banks for our operations in the country as per the main regulations of the Saudi Arabian Monetary Authority (SAMA); the Saudi banking regulator. None of the Saudi banks, which are some of the largest in the Middle East and Africa, is federally insured with the FDIC which is only limited to US Banks! The Saudi banks that we deal with have excellent credit ratings as per the International Rating Agencies!

In light of the above and due to our inability to cooperate with US Banks in this context, would a confirmation and later ILC issued by Saudi Banks be adequate for the Government for the purposes of this solicitation please! Kindest regards, Government response:

Offerors are required to comply with the requirements stated in Factor 3 as amended by this amendment. Only federally insured financial institutions may confirm the offeror’s ability to obtain an ILC. This requirement has not been waived. A confirmatory ILC issued by an acceptable U.S. federally insured financial institution that conforms to FAR 52-228-14(f) is an acceptable form of financial surety.

2. Reference to Section 00 21 00 - Instructions, Conditions and Notices to Offerors, Factor 2: Experience, which states that the offeror's submitted projects experience shall be for construction projects in Saudi Arabia, Bahrain, Kuwait, and UAE; please confirm that submitting relevant and recent construction projects experience in Qatar would be acceptable, considering that Qatar and Saudi are both located at the same geographical region (Gulf Region).

This Factor will not be changed, and project experience in Qatar will not be acceptable for this Solicitation.

3. Are there any source selection requirements with regards to the awarded firm, other than the Factor 1: Licensing requirement? Is this solicitation open to US firms only or Saudi firms or others?

Refer to the RFP for source selection factors. Also, this Solicitation is issued as a Full and Open competition and is, therefore, open to all interested firms.

4. Per Factor 3 which states the following: A performance and payment bond must be supported by acceptable security as defined in FAR 28.201, we request consideration and clarification to FAR 28.202 (Acceptability of Corporate Sureties) Part (b) For contracts performed in a foreign country, sureties not appearing on Treasury Department Circular 570 are acceptable if the contracting officer determines that it is impracticable for the contractor to use Treasury listed sureties.

Saudi Arabia has an advanced and secured financial system that Saudi contractors have a track record and can access on short notice. The process to obtain a surety through a U.S. source that appears on the Treasury Department Circular 570 can be lengthy and thus eliminate a number of very good local construction companies from proceeding to Step 2 under the current time constraints. We request your acceptance to obtain surety through Saudi Arabia per FAR 28.202 part b.

Government response:

Offerors are required to comply with the requirements stated in Factor 3 as amended by this amendment. The performance and payment bonds must be supported by acceptable surety as defined in FAR Subpart 28.2. This requirement has not been waived.

5. Factor 3 refers to proof of ability of a bonding or ILC capacity for 7 M USD for 1065 days of PoP. For JV structures, can this proof be submitted in the name of one of JV partners only?

Government response:

For Step 1 only, if the offeror is submitting as a JV, the proof of the offeror’s ability to obtain acceptable surety may be submitted in the name of one of the JV co-venturers only. However, if a JV is selected as the awardee, the performance and payment bonds must be issued in the name of the JV.

6. If submitting as a JV, do both JV partners have to have Construction Licenses in Saudi?

It is the responsibility of the offeror (1) to explain the licensure and permitting requirements of Saudi law that are applicable to its own proposed business structure with regard to performing the work necessary to meet the requirements of the Solicitation and (2) to prove to the contracting officer that it meets all applicable requirements.

Thus, the licenses required by the Solicitation to be submitted may be in the name of only one co-venturer in a joint venture offeror if and only if the offeror can prove that it will be legally permitted to perform the requirements of the solicitation without the same kinds of licenses in the name of the joint venture or in the names of both co-venturers.

7. The solicitation notice and all attachments have been taken out of the www.fbo.gov website!

Has the Government changed its position on proceeding with the Solicitation please!

Government response: No, the Solicitation is still posted on www.fbo.gov.

8. Reference to Section 00 21 00 - Instructions, Conditions and Notices to Offerors, STEP TWO – SUBMISSION OF BIDS, Bid Guarantee, it stated that "...the Bid Bond amount shall be twenty percent (20%) of the total bid price or $7 Million, whichever is less." Also, per Factor-3 and Attachment C-Sample Bank Letter of Assurance, the awardee will be required to provide a bond or ILC in the amount of $7,000,000 USD.

Please note that it is not standard practice that the performance and/or payment bonds would have same dollar value as the Bid Guarantee.

Accordingly, please check and amend the stated amounts.

Government response: The Solicitation is being amended to require, at Step Two, a bid guarantee in the amount of twenty (20) percent of the bid price or $3 million, whichever is less. In addition, the Solicitation is being amended to state that the penal amount of the performance bond shall be five (5) percent of the contract price, and the penal amount of the payment bond shall be five (5) percent of the contract price. Further, Attachment C to the Solicitation is deleted and should be disregarded both because the amount of the required bid guarantee is incorrect in Attachment C and because the financial institution or other acceptable surety will not be required to use a specific form in order to prove the offeror’s ability to obtain the required financial surety. Moreover, a bank letter of guarantee, referenced in Attachment C, is actually not an acceptable form of financial surety for the bid guarantee or for the performance and payment bonds.

9. Reference to Section 00 21 00 - Instructions, Conditions and Notices to Offerors Factor-3 and Attachment C- Sample Bank Letter of Assurance, kindly note that the awardee is required to provide a bond or ILC in the amount of $7,000,000 USD. Moreover, clause 52.228-15 PERFORMANCE AND PAYMENT BONDS states that the amount for each of the performance bond and the payment bond, at the time of contract award, shall be ten percent (10%) of the original contract price.

Based on the above, please advise if the required USD 7 Million in the Sample Bank Letter of Guarantee is a maximum cap set for both the bonds and the ILCs. Furthermore, in case the stated USD 7 Million amount is a maximum cap set for the bonds, please confirm that the awardee will be required to issue a Performance Bond of USD 7 Million and a Payment Guarantee of USD 7 Million (i.e. with a total bonding value for the project is USD 14 Million).

At Step One, offerors are required to prove that they are able to obtain surety if selected for an award. The amount of surety that they are required to prove their ability to obtain, at Step 1, is $7 million. The awardee selected in Step Two shall be required to provide performance and payment bonds, ILCs, or other acceptable form of surety in the amounts set forth in FAR Clause 52.228-15, Performance and Payment Bonds – Construction, as amended. The penal amount of each bond is stated as a percentage of the contract price. There are no maximum or minimum values for the performance and payment bonds other than the established percentages. Note that Attachment C- Sample Bank Letter of Assurance has been deleted by amendment.

10. Considering that the region in KSA and the Middle East is in a religious holiday for nearly 10 days at which all banks are closed until around 9-10 September, we respectfully request that the Government extends the closing date for the solicitation by 3weeks!

Government response: The Government will amend the solicitation and extend the due date. The date for submission of proposals shall be changed from 27 September 2017 to 4 October 2017.

11. With regards to 52.229-6 TAXES--FOREIGN FIXED-PRICE CONTRACTS (FEB 2013), is there any agreement between the US and Saudi Arabia Government for exemption of tax, duty/customs/tariff, or similar charges on goods imported or services provided in the performance of this contract?

Government response: We are not aware of an agreement between the United States and Saudi Arabia. Offerors are responsible for researching the answer to this question if they feel that an answer is needed.

12. Does a locally operating Saudi Arabian Company have to register with SAM, or acquire DUNS, CAGE and TIN at the time of Step-1 submission ?

Government response: No. System for Award Management (SAM). Offerors (including Joint Ventures) shall be registered in SAM prior to submitting their bids for Step Two. Offerors for Step Two will be eliminated if they are not registered in SAM. Therefore, it is recommended that offerors submitting for Step One start the registration process as soon as possible. For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/.

14. Does the quote "Only federally insured financial institutions shall confirm the offeror's ability to obtain the ILC" in page 7 means that Saudi Banks can provide such surety document?

Government response: No. Only (U.S.) federally insured financial institutions rated investment grade shall confirm the offeror’s ability to obtain an ILC. In other words, only a financial institution that could issue an ILC that would be acceptable surety for the performance and payment bonds required to be provided by the awardee can confirm an offeror’s ability to obtain such an ILC at Step One. See Federal Acquisition Regulation (FAR) 28.204-3, irrevocable letter of credit, for guidance pertaining to an ILC. Also see the amended text of Factor 3.

15. Does the quote "Only federally insured financial institutions shall confirm the offeror's ability to obtain the ILC" in page 7 means that Saudi Banks can provide such surety document?

Government response: See the response to Inquiry No. 14.

16. As of September 12th we are awaiting answers to several questions to clarify various areas within the Financial Surety section. These answers will determine how the contractors (especially Saudi) fulfill the requirements under that section in Step One. Therefore, it will take some time to obtain the Letter of Commitment from the appropriate source per the pending answers. We respectfully request a 3 week extension to Step One to allow us sufficient time to obtain it.

Government response: See the response to Inquiry No. 10.

17. In case of a joint venture, please confirm that it is sufficient for one JV partner to submit relative experience information to meet the requirements of the Factor 2

If submitting a proposal as a joint venture, the experience of each of the co-venturers can be submitted for the joint venture offeror. The experience of each co-venturer will be considered the experience of the offeror.

18. In reference to Amendment 0001 extending the bid closing date to September 27, 2017 and since most of the queries subject matters, which have a direct impact on ruling out the Saudi contractors off the competition, have not been addressed yet leaving only 2weeks until the new closing date which include the Saudi National Day holidays and the need for a multi day courier period fir bid submission from KSA to Winchester, VA, would the Government consider a further extension of three weeks please to enable Local contractors to complete and dispatch their bids please!

Government response: See the response to Inquiry No. 10.

19. is this 1 or two solicitations Government response: This is one Solicitation with two steps. An offeror has to provide a Step 1 proposal as stated in the Solicitation. Only offerors selected from Step 1 will be permitted to participate in Step 2 of this Solicitation.

20. “Solicitation” means sourcing for “Expression of Interest”, or

“Direct bidding” – i.e proceeding with the two steps process.

Government response: The Government is requesting proposals from interested firms in accordance with instructions provided in this Solicitation for Step 1 and will solicit proposals from selected firms at Step 2.

21. the date of 27 September represents which submittal?

Government response: 27 September was the due date for Step 1 proposals, but that date has been amended to 4 October 2017.

22. when would the technical data (drawings, specifications, data sheets, etc.) be released?

Government response: This information will only be issued to offerors selected for Step 2 of this Solicitation.

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The following have been modified:

INDEX

For this procurement, one solicitation will be issued to cover both Step One and Step Two selections. Step One is the pre-selection phase and does not require the submission of a price proposal. It consists of the request for submission, evaluation of technical proposals, and a determination regarding a proposal’s acceptability based on the evaluation criteria. Upon completion of the Step One evaluation process, the Contracting Officer as the Source Selection Authority (SSA) will select the qualified offerors to participate in Step Two. An amendment to the solicitation will be issued to those bidders who will be invited to submit a bid under the Step Two Invitation for Bids. The bidders in Step Two will be required to submit a bid based on the 100% design documents and pre-bid site survey. Only the Step One qualified bidders will receive the design documents and location and time of the pre-bid site survey.

In Step Two, sealed bidding procedures shall be followed and the award will be made to the responsive and responsible bidder.

The Step One evaluation factors are as follows:

Factor 1: Licensing Factor 2: Experience Factor 3: Financial Surety

The Step Two Invitation for Bids shall:

(1) Be issued only to those offerors whose proposals rated as acceptable in Step one;

(2) Include the provision prescribed in FAR Subpart 14.201-6(t);

(3) Prominently state that the bidder shall comply with the technical proposal requirements and the specifications;

and

(4) Not be synopsized in the Commerce Business Daily as an acquisition opportunity nor publicly posted (see 5.101(a)).

SECTION II

SOLICITATION PROVISIONS

Section 00 22 10 - Step One of Two-Step Sealed Bidding Process

A. STEP ONE

Evaluation Factors In accordance with FAR 14.503-1(4), the following three factors will be considered in evaluating technical proposals.

Factor 1: Licensing Factor 2: Experience Factor 3: Financial Surety

Adjectival ratings will be used for the Step One evaluation factors only. All three factors shall be rated as either Acceptable, Reasonably susceptible of being made acceptable, or Unacceptable.

Only one technical proposal may be submitted by each offeror.

Any proposal which modifies, or fails to conform to the essential requirements or specifications of the request for technical proposal shall be considered nonresponsive and rated as unacceptable.

Offerors should submit proposals that are acceptable without additional explanation or information. The Government may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted. The Government may proceed with the Step Two without requesting further information from any offeror; however, the Government may request additional information from offerors of proposals that it considers reasonably susceptible of being made acceptable to get clarification from that prospective offeror.

If the proposal is determined to be unacceptable, a notice of unacceptability shall be forwarded to the offeror upon completion of the proposal evaluation and final determination of unacceptability.

B. STEP ONE – FACTORS TO BE EVALUATED AND EVALUATION APPROACH

Factor 1: Licensing – This factor requires the offeror to provide proof of Saudi Arabia construction licenses and documentation to prove that the offeror has worked and can currently work in Saudi Arabia.

Factor 2: Experience – This factor evaluates the offeror’s experience in construction projects in Saudi Arabia, Bahrain, Kuwait, and UAE.

Factor 3: Financial Surety – This factor evaluates the offeror’s ability to obtain surety pursuant to FAR Part 28.

FACTOR 1: LICENSING

EVALUATION APPROACH FOR FACTOR 1 LICENSING

Licensing: The offeror will show that it has the necessary construction licenses and documentations to prove that it has worked and can currently work in Saudi Arabia. Offerors must submit a copy of their current licenses to perform construction projects in Saudi Arabia as part of their proposal. These include KSA Commercial Registration Certificate, Registration with a KSA Chamber of Commerce, Saudi Arabian General Investment Authority (SAGIA) License, Contractors Classification Certificate (Grades “First”, “Second” and “Third” will be Acceptable in Classification Fields of “Buildings”, “Electrical Works”, and “Roads”). All Licenses and Certificates must be translated to English by a certified translation service with their stamp applied. Offerors must submit proof that they meet the above Licensing requirements to receive an “Acceptable” rating. Offerors who receive an “Unacceptable” rating will not be considered for Step two.

FACTOR 1: ADJECTIVE RATING AND DEFINITIONS

Licensing Adjective Rating Definition Acceptable Proposal clearly meets the requirements of the solicitation.

Reasonably Susceptible of Being Made Acceptable Proposal does not clearly meet the requirements of the solicitation but with clarification could reasonably be made acceptable.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

FACTOR 2: EXPERIENCE

Each bidder’s experience will be examined for breadth and depth of work performed in the construction of a range of projects in Saudi Arabia, Bahrain, Kuwait, and UAE, as stated in this solicitation. Offerors shall provide experience on 3 project but no more than 5 projects. Offerors shall demonstrate experience performing construction projects, including new construction and the alteration, renovation, conversion, and/or reconfiguration of existing facilities including vertical and horizontal construction. Relevant types of project experience include, but are not limited to: Construction of infrastructure to include: operations facilities; administrative/headquarters facilities;

command and control facilities; communications centers; fire stations; medical facility (clinic/hospital); fuel distribution and storage system; munitions storage; power plants; utilities infrastructure entry/access control points;

cargo handling areas; perimeter fence and guard towers; road construction; airfield pavement, airfield support facilities; passenger/cargo terminals; drainage system projects; water treatment facilities, etc. Bidders shall provide information about projects, delineating the project name, major feature (building, runway, road, etc.), overall contract value (US dollars), overall contract value the entity was responsible for (dollars or percent), location of project site (country, nearest city), contract duration (calendar days) and year in which it was completed, or its current completion date.

If any offeror has multiple divisions or units, limit the project examples to those performed by the division or unit submitting the offer. Additional experience examples may be submitted for consideration on any other member of a Contractor Teaming Arrangement that will perform a major or critical aspect of the project (i.e. greater than 30% of the work). If the offeror is a joint venture, each firm shall provide information demonstrating experience relative to their role on the contract. For purposes of evaluation, the experience of one JV partner shall be the experience of the JV. Projects cited shall be currently well underway (fully designed and at least 50% construction progress completed) or construction completed within five years preceding the date of this solicitation.

Offerors shall submit a completed Construction Experience Overview Sheet (Attachment A) capturing all projects being submitted for evaluation, as well as Construction Experience Information Sheets (Attachment B) for at least three project but no more than five (5) projects that have been completed by the bidder within the past five years or are currently being performed and well underway (fully designed and at least 50% construction complete) in Saudi Arabia, Bahrain, Kuwait, and UAE. At least three (3) projects must have been vertical construction projects (buildings) with a value greater than $15 million each. At least one (1) project must have been performed in Saudi Arabia. Projects less than $10 million will not be considered. Offerors must submit proof that they meet the above Experience requirements to receive an “Acceptable” rating. Offerors who receive an “Unacceptable” rating will not be considered for Step two.

EVALUATION APPROACH FOR FACTOR 2

Proposals will be evaluated to determine the offeror’s construction experience for relevant types of projects. The Government will evaluate each offeror’s experience and will evaluate each offeror on the basis of relative depth of their experience in managing and executing construction projects as described above.

Projects cited shall be currently well underway (fully designed and at least 50% construction progress completed) or construction completed within five (5) years preceding the date of this solicitation.

FACTOR 2: ADJECTIVAL RATING AND DEFINITIONS

The Evaluation Factor 2 rating shown below focuses on the strengths, deficiencies, weaknesses, risks and uncertainties of the offeror's proposal. This factor will be rated as follows:

Experience Ratings

Acceptable Proposal clearly meets the requirements of the solicitation.

Reasonably Susceptible of Being Made Acceptable Proposal does not clearly meet the requirements of the solicitation but with clarification could reasonably be made acceptable.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

FACTOR 3 – Financial Surety – Offerors are required to submit proof of their ability to obtain surety in the form of performance and payment bonds, irrevocable letters of credit, or other surety as described in FAR Part 28. Such surety or bank shall attest to the offeror’s ability to obtain bonding or a satisfactory Irrevocable Letter of Credit (ILC) for at least $7 million US Dollars (USD) coverage for the duration of the contract performance period of 1065 calendar days. A performance and payment bond must be supported by acceptable security as defined in FAR

28.2. A letter of commitment from an acceptable surety as defined in FAR Part 28 will provide acceptable proof of the offeror’s ability to obtain the required coverage. Only federally insured financial institutions shall confirm the offeror’s ability to obtain an ILC. Offerors must submit proof of their ability to obtain the required surety to receive

Financial Surety Ratings

Acceptable Proposal clearly meets the requirements of the solicitation.

Reasonably Susceptible of Being Made Acceptable Proposal does not clearly meet the requirements of the solicitation but with clarification could reasonably be made acceptable.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

C. STEP ONE – PROPOSAL SUBMISSION

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

Instructions to Prospective Offerors-Step One

General. Late Submissions will not be considered. Bid pricing shall not be submitted in Step One. Electronic or faxed Bid submissions will not be considered. Step One proposals shall be clearly marked on the outside of the package with the solicitation number. The closing date annotated on the pre-solicitation notice via Federal Business Opportunities (FedBizOpps) is for FedBizOpps archiving purpose only.

The Step One proposal due date is: October 4 2017, 4:00 PM Eastern Time an “Acceptable” rating. Offerors who receive an “Unacceptable” rating will not be considered for Step two. The evidence of ability to obtain adequate surety must come from an entity that would be acceptable as the surety during task order performance. Accordingly, a letter from a bank that is not (U.S.) federally insured would not be adequate proof of ability to obtain surety without an accompanying letter from a federally insured financial institution that would confirm an ILC issued by the bank that is not (U.S.) federally insured. Similarly, a letter from a commercial surety bond broker would not be acceptable; a letter from a U.S. Treasury‐listed bonding company is required to prove ability to provide surety with commercial surety bonds. A "bank guarantee" is not a recognized, acceptable form of surety for performance and payment bonds. Offerors intending to meet the surety requirements by alternative means (not commercial surety bonds or ILCs) acceptable under FAR Part 28 should be mindful of the requirement to prove, and not merely allege, their ability to do so. Evidence of assets of a proposed individual surety, even the offeror itself, is not sufficient without an accompanying letter from an authorized representative of the owner of the assets that states the owner’s intention to pledge them as security for the performance and payment bonds for this contract or to draw upon to provide a cashier’s check

Only offerors whose proposals are rated as “Acceptable” in Step One will receive the Solicitation Amendment to participate Step Two. The following FAR clause is applicable to this acquisition and may be viewed at:

http://farsite.hill.af.mil/vffara.htm

FAR clause 52.215-1, Instructions to Offerors-Competitive Acquisition Summary of Step One Submission Requirements:

Cover Letter (see content instructions below) Joint Venture (JV) documentation/agreement (if applicable) Subcontractor Letters of Commitment (if applicable) Factor 1 Licensing Factor 2 Experience documentation Factor 3 Financial Surety documentation

Step One Proposal Format. Responses to the Step One Solicitation shall be submitted in the following format:

Three ring binders or bound with tabs or separators dividing each of the sections noted below. Page limits, if stipulated under each evaluation factor, shall be adhered to. Proposals shall be submitted on 8.5” X 11” paper, utilizing both sides of the paper unless otherwise stated under each factor. Page is defined as a single sheet of paper with text on both sides. Use 12 Font, Arial for all documents. The Government will not evaluate any material that exceeds the page limits specified herein.

The proposal shall be in the following order with tabs dividing each section:

Cover Letter Joint Venture agreement (if applicable) Letters of Commitment from Subcontractors (LOC) (if applicable) Factor 1 Licensing Factor 2 Experience documents Factor 3 Financial Surety documents

A total of one (1) original and three (3) hard copies of the complete Step One proposal shall be submitted on or before the closing due date and time specified above. Offerors shall also provide one electronic copy on a CD.

Cover Letter. Include the following information in your cover letter:

Solicitation number Name, address, telephone number, and email address of the prospective offeror DUNS number, CAGE Code, and TIN of the prospective offeror Acknowledgement of any amendments issued (amendment number and date acknowledged by offeror)

Proposal Submission. Electronic proposals (facsimile, email, etc.) are not authorized. All proposals must be sent via U.S. Mail, Commercial Carrier (FedEx, UPS, etc.) or delivered by hand to:

U.S. Army Corps of Engineers – Middle East District Attn: Mr. Brian Johnson

W912ER-17-B-0001, STEP ONE

201 Prince Frederick Drive Winchester, VA 22602

Inquiries. Inquiries regarding the Step One Solicitation shall be submitted as follows:

All inquiries regarding this Solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows offerors to post questions regarding the

W912ER-17-B-0001

Solicitation and view all questions by other offerors and responses by USACE. Bidder Inquiry can be accessed through ProjNet® at https://www.projnet.org/projnet/.

The Solicitation number is: W912ER-17-B-0001 The Bidder Inquiry Key is: K9CRYU-K25UMW This site will open for questions on 14 August 2017 and close for questions on 12 September 2017.

1. To access the ProjNet website for the first time:

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. 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.

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

2. To access ProjNet 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. Click 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.

Note, offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

3. The Bidder Inquiry System will be unavailable for new inquiries seven days prior to the proposal due date in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

4. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. An offeror that submits a question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical and contracting team.

5. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. ProjNet questions can also be emailed to the helpdesk at staff@projnet.info.

Amendments to the solicitation. Any and all amendments to this Step One solicitation will be issued electronically and be available via www.fbo.gov. It is the offeror’s responsibility to continuously check for any amendments to this solicitation and acknowledge any and all amendments in the text of the cover letter (amendment number and date acknowledged by offeror) sent with their proposal package in response to this solicitation. The offerors selected to receive the Step Two solicitation amendment will be notified regarding how to access the Step Two documentation.

Pre-Proposal Conference/Site Visit. A pre-proposal conference/site visit will be scheduled for Step Two. Details of the site visit will be provided in the Step Two Invitation for Bids and issued only to those offerors who submitted acceptable technical proposals in the first step. The Step One request for technical proposals will also give the details of the pre-proposal/site visit to be conducted during the second step. Site visits under Step One will not be organized or conducted by the Government.

Joint Ventures (JV). A joint venture is defined as follows: a legal business entity formed between two or more companies (parties) to undertake the performance activities of a contract together. This does not include other arrangements such as “teaming agreements” or “strategic alliances”, which are not recognized as bona fide joint ventures for the purposes of this solicitation.

Offerors proposing as joint ventures shall provide evidence that the Joint Venture as a legal entity has been duly formed. Joint ventures shall include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the joint venture with the chief executive of each entity identified. The Government will not evaluate the capability of any offerors that are not included in the joint venture agreement.

If submitting a proposal as a joint venture, the experience, and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Page and project form limits apply to the joint venture as a whole. Prospective offerors that submit Step One proposals may not change their firm (including Letters of Commitment and proposed subcontractors) or their Joint Venture firms if selected to submit Step Two proposals.

Subcontractors. The Government recognizes that completion of a project is often a team effort. Therefore, if an offeror wishes to be credited with experience and past performance of a subcontractor (i.e., a firm that is not a member of the Joint Venture), an unequivocal letter of commitment signed by the firm must be submitted. The letter of commitment must be submitted even if the firm is in some way related to a Joint Venture partner (for example, the subcontractor is a subsidiary of a Joint Venture partner, or a subsidiary of a firm to which a Joint Venture partner is also a subsidiary). If such a letter of commitment is not submitted, the experience and past performance of subcontractor firms will not be considered.

System for Award Management (SAM). Offerors (including Joint Venture entities) shall be registered in SAM prior to submitting their bids for Step Two. Offerors for Step Two will be eliminated if they are not registered in SAM.

For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/.

Ensure that NAICS code 236220, Commercial and Institutional Building Construction, is listed on your SAM registration.

Expenses Incurred. The Government will not reimburse any costs incurred or associated with preparation and submission of any response(s) to this solicitation.

Discussions. The Government does not intend to conduct discussions during Step One; however, the Government reserves the right to conduct discussions as determined necessary by the Contracting Officer.

D. STEP TWO – SUBMISSION OF BIDS

The following is a brief overview of the proposed Step Two process for information purposes and only applicable to those offerors who are selected to submit bids under Step Two Invitation for Bids, issued as an IFB. Step Two documentation shall not be submitted in response to the Step One solicitation. Step One submissions and evaluations will not be carried over into Step Two. The basis for award of a contract in Step Two will be PRICE. This overview is INFORMATIONAL ONLY AND IS SUBJECT TO CHANGE.

In Step Two, an amendment to the solicitation will be issued to only the bidders that were rated as “Acceptable” in all three (3) evaluation factors in Step One and will contain all contract requirements.

W912ER-17-B-

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Step Two bidders will have at least thirty (30) calendar days from issuance date of the Step Two amendment to the solicitation to provide their sealed bids.

SUPPLEMENTAL INFORMATION

Contract Specialist:

Brian Johnson Phone: 540-665-1228 E-mail: brian.s.johnson@usace.army.mil

Contracting Officer:

Abraham Curry Phone: 540-665-2618 Email:Abraham.Curry@usace.army.mil

Include the following within the sealed bid package:

1) Completed SF1442 with acknowledgement of all amendments

2) Completed SF24

3) Any additional verification documents

4) CD-ROM (CD-R) disk with an electronic copy of all submission requirements listed above.

Contractor POC E-mail

DUNS

TAXPAYER ID #

Bids can be submitted in any of the following ways:

Delivered to:

U.S. Army Corps of Engineers – Middle East District Attn: Mr. Brian Johnson

W912ER-17-B-0001, STEP TWO

201 Prince Frederick Drive Winchester, VA 22602

A site visit and Pre Award Conference is scheduled for this project and this information will be provided in Step Two amendment to the solicitation. This will be the only site visit conducted, requests for additional site visits will be denied and will only be for the bidders that were rated “Acceptable” in all three (3) evaluation factors in Step One. The amendment to the solicitation will contain all contract requirements.

For Site Visit information, see Site Visit clause 52.236-27, (Construction) in Section 2100. The conference will begin promptly without considerations for late or lost bidders; no subsequent site visits will be considered. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Middle East Contracting Office.

System for Award Management (SAM) Registration: SAM Registration is required of all Department of Defense contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the CCR database at https://www.sam.gov/ www.sam.gov http://www.sam.gov https://www.sam.gov

1. A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505.

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2. Whether your company is a current or new registrant in the SAM database, your registration must indicate that you are a provider of NAICS 236220 under the Goods – Services section of the registration to be eligible to receive a contract for this solicitation.

3. If the prospective awardee for this IFB is not registered in the SAM database by close of solicitation, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered bidder.

SAM REQUIREMENT: Prospective contractors who have not completed electronic annual representations and certifications at SUPPLEMENTAL INFORMATION in conjunction with required registration in the System for Award Management (SAM) database, shall complete and submit 52.204-8 Annual Representations and Certifications (JAN 2014) and 252.204-7007 Alternate A, Annual Representations and Certifications (MAR 2014) in SAM to be eligible to receive an award for this solicitation.

PROJECT MAGNITUDE

The magnitude of this project is between $25,000,000 and $100,000,000.

EVALUATION FACTORS

The Government will evaluate bids received in response to this IFB solicitation solely on the basis of price and price related factors. Bidders shall submit a price for each item specified in the “Schedule of Supplies/Services and Prices/Costs”. No bid for a quantity less than that specified in the Schedule will be accepted. All prices bid in response to this solicitation must include all costs associated with this project, applicable State sales taxes, permits, and licensure. And the overall project management, superintendence and quality control necessary for the planning and execution of multiple work requirements conducted simultaneously throughout the performance period.

BID GUARANTEE

A Bid Bond/Guarantee is required for this bid. The Bid Bond amount shall be twenty percent (20%) of the total bid price or $3 Million, whichever is less.

Bidders must use the Standard Form (SF) 24 if providing a bid bond as the bid guarantee.

Attachments:

Attachment 1 – Scope of Work Attachment 2 – Drawings and Specifications Attachment 3 – SF24 Bid Bond

LEGAL COMPLIANCE

The Contractor shall comply with all US Federal, and Host Nation (Kingdom of Saudi Arabia) laws, codes, and regulations applicable to their performance under this contract, and shall be solely responsible for all costs associated with said compliance.

CONTRACT PROGRESS REPORTING

1. The Contract Progress Schedule, will be used to satisfy the submission requirements of FAR 52.236-15, “Schedules for Construction Contracts.”

2. Work elements entered in the progress schedule should be limited to those tasks which will indicate the progress of the work under the contract and which can be identified and measured by personnel monitoring the Contractor’s progress.

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3. Appropriate revisions will be made to the existing approved progress schedule whenever an approved change to the performance period is authorized by a contract modification. No adjustments or extensions in the performance period will be authorized without a duly executed contract modification.

4. A “Contract Progress Report”, shall be initiated weekly and delivered to the Contracting Officer and the COR simultaneously. Progress reports shall include both the percentage of work completed within the rated period and a cumulative total of work completed under the contract/task order to date. Progress reports shall be issued weekly;

submitted progress reports will be reviewed by the Contracting Officer (or designated representative) and returned for correction as necessary.

REQUIRED INSURANCE

Defense Base Act (DBA) Insurance

Price for DBA insurance shall be in included in your Bid Proposal. It will not be posted as a separate CLIN in the award.

Dept of Defense DBA Company Contact Information ACE Robin Smith (215) 640-4836 Allied World Assurance Company (AWAC) Kevin Behan (646) 794-0511 American International Group (AIG Chartis)Rich Friesenhahn (212) 458-3593 Continental Insurance Company (CNA) Meng Fan (212) 440-7207 Starr Indemnity & Liability Company Shane McCaffrey (646) 227-6466 Zurich NA Larry Boyk (215) 861-6792

CONSENT OF SURETY

In accordance with FAR 28.106-5, consent of surety will be required if:

1. An additional bond is required to support a modification to the contract, and the bond obtained is from a surety different than the original surety;

Inquiries. Inquiries regarding the Step Two solicitation shall be submitted as follows:

Any questions concerns, verification or clarification of information of the documents included in the solicitation package shall be submitted be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted.

Bidder Inquiry is a web-based program that allows offerors to post questions regarding the solicitation and view all questions by other offerors and responses by USACE. Bidder Inquiry can be accessed through ProjNet® at https://www.projnet.org/projnet/.

The solicitation number is: W912ER-17-B-0001

The Bidder Inquiry Key is: To be provided upon issuance of the Step Two Amendment to this IFB

1. To access the ProjNet website for the first time:

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. 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.

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

2. To access ProjNet for future ProjNet Bid Inquiry Access:

a. For future access to ProjNet, you will not be emailed any type of password.