A153_Final_Solicitation_W912ER18R0030.pdf

Project Title: Tw o (2) 20 Megaw att (MW) Sw itching Stations, Camp Arif jan, Kuw ait

Design-Build, Tw o-Step Design and Construction of the Tw o (2) 20 MW Sw itching Stations at Camp Arif jan, Kuw ait.

The Government reserves the right to incorporate the successful Contractor's proposal into the contract and distribute the proposal as deemed necessary.

Magnitude of Construction: The estimated cost of this construction project is betw een $10,000,000 and $20,000,000.

DIANE E DELATHOUDER

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

06-Jun-2018

(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 ________446 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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 ______________06 Jul 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 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

W912ER DISTRICT (TAM), USACE

MIDDLE EAST DISTRICT (CETAM-CT)

201 PRINCE FREDERICK DRIVE

WINCHESTER VA 22602

W912ER

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: XXX-XXX-XXXX TEL: FAX:

W912ER18R0030 82

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

W912ER18R0030

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization/Demobilization

FFP

Mobilization and Demobilization in accordance with the contract documents.

FOB: Destination

NET AMT

0002 1 Job Perform Project Design/Surveys

FFP

Perform Project Design, Site Survey and Topographic Survey in accordance with the contract documents.

0003 1 Job Construct Underground Primary 11 KV...

FFP

Construct Underground Primary 11 KV, 8 Electrical Power Cables from Substation to the Outside of Camp Arifjan, in accordance with the contract documents.

0004 1 Job Construct Underground Primary 11 KV, 4

FFP

Construct Underground Primary 11 KV, 4 Electrical Power Cables from Outside of

Arifjan to the Switching Station #1, in accordance with the contract documents.

0005 1 Job Construct Underground Primary 11 KV, 4

FFP

Construct Underground Primary 11 KV, 4 Electrical Power Cables from Outside of

Arifjan to the Switching Station #2, in accordance with the contract documents.

0006 1 Job Construct Switching Station #1 in Camp A

FFP

Construct Switching Station #1 in Camp Arifjan, in accordance with the contract documents.

0007 1 Job Construct Switching Station #2 in Camp A

FFP

Construct Switching Station #2 in Camp Arifjan, in accordance with the contract documents.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

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

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

PROPOSAL CHECKLIST

PROPOSAL CHECKLIST

PHASE ONE: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

A. GENERAL INFORMATION

This solicitation is for a FFP contract for construction services. The Kuwait Ministry of Defense

(KMOD) has an immediate operational need for the expansion of its existing capabilities at Camp

Arifjan. This project acquisition involves a single solicitation for an immediate requirement to construct Two (2) 20 MW Switching Station at Camp Arifjan, Kuwait. The Switching Stations shall be used by the United States Government to support operations within the Central Command Area of

Responsibility (CENTCOM AOR). The project will be constructed in accordance with current building codes and safety and security standards.

Qualification proposals are requested under Phase One, in which the most highly qualified offerors will be selected and requested to submit Phase Two proposals. The Government intends to advance up to five (5) of the most highly qualified offerors to Phase Two, from which it anticipates awarding one FFP contract, reserving the right to advance more, fewer, or none at all.

Magnitude of Construction: The estimated cost of this construction project is between $10,000,000 and $20,000,000.

System for Award Management (SAM). Contractors (including Joint Venture entities) shall be registered in the System for Award Management (SAM) and determined to be responsible prior to

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

Please ensure that NAICS code 236220 – Commercial and Institutional Building Construction is listed in your SAM registration.

B. QUALIFICATION PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT

The Government will not reimburse any costs incurred or associated with preparation or submission of any responses to this solicitation. Oral explanations or instructions to offerors 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. Any and all amendments to the solicitation will be issued electronically through the Federal Business Opportunities website (www.fbo.gov). It is an offeror’s responsibility to check continuously for any amendments to this solicitation and acknowledge any and all amendments in its proposal submission.

Offerors should not modify the terms and conditions of the solicitation in either the 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, and any such terms and conditions (which conflict with or do not meet the minimum standard set by the terms and conditions of the solicitation) included in a proposal on which the awarded contract is based shall have no effect on the contractor’s obligations whatsoever unless they are intentionally, specifically, and explicitly accepted by the Government.

Any questions related to specific terms and conditions contained within the solicitation should be resolved prior to submission of an offer.

References to “confidential” projects cannot be submitted to demonstrate capability unless all 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 in FAR 52.215-1, Instructions to

Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data.

Use of the word “will”, “shall”, or “must” indicates a mandatory requirement for which failure to comply, at the time and date for submission of proposals, shall result in an offeror’s proposal being disqualified from consideration unless the Government decides to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved can be made. Failure to comply with non-pricing or pricing requirements that are annotated with the words “should” or “may” can result in a lowering of an offeror’s non-pricing ratings, and may have significant effect upon an offeror being selected, or not being selected, for the contract award. Time periods, if stated as numbers of days, are calendar days unless otherwise specified.

1. 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 experience. Clear identification of proposal details shall be the sole responsibility of an offeror.

All information intended to be evaluated as part of the qualification proposal shall be submitted within the qualification proposal. Do not include references to material or information not found within the qualification proposal. Referencing information not found within the qualification proposal could lead to an offeror’s proposal being determined unacceptable if it renders the proposal materially incomplete in any respect.

Pricing information is not required for and shall not be submitted in Phase One.

a. COVER PAGE: A cover page shall appear at the beginning of each volume and, at a minimum, shall consist of the following information:

i. Solicitation number/Phase One

ii. Offeror’s name, physical mailing addresses, and telephone number, and the email address of the official having the authority to bind the offeror contractually

iii. Offeror’s DUNS Number, CAGE Code, and Tax ID (TIN)

b. TABLE OF CONTENTS: A table of contents shall be placed in each volume and shall identify major areas by title, page numbers, and volume location.

c. VOLUME I QUALIFICATION PROPOSAL: The information required within an offeror’s qualification proposal is described under Basis of Phase One Evaluation. All Phase One factors have a fifteen (15) page limitation for each factor with the exception of Factor 3, Financial

Surety. Do not submit pricing information in the qualification proposal. The Phase One proposal shall address the following factors:

i. Factor 1: Construction Experience

ii. Factor 2: Licensing/ Ability to Gain Base Access

iii. Factor 3: Financial Surety

Subcontractor Letters of Commitment, as required for the Government’s consideration of aspects of the offeror’s submissions with respect to the three factors, must also be included in the Phase One proposal.

d. VOLUME II REPRESENTATION AND CERTIFICATION: Do not submit pricing information.

i. Signed Solicitation, Offer, and Award (SF 1442) with blocks 14 through 20c completed, including acknowledgment of all amendments.

ii. Completed Corporate Certificate/Authority to Bind Partnership (Attachment A).

If the offeror is a corporation, completed Corporate Certificate; OR

If the offeror is a partnership, completed Authority to Bind Partnership and a copy of the

Partnership Agreement; OR

If the offeror is a joint venture, completed Corporate Certificate for each member of the joint venture and a copy of the Joint Venture Agreement.

iii. Completed Representation and Certifications (Section 00

45 00).

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.

The Government will not evaluate any material that exceeds the page limits specified within each evaluation factor. Elaborately prepared proposals are not required, and any material in excess of what is requested, such as corporate marketing information, will not be considered.

Failing to submit or completely fill out the solicitation attachments contained within the RFP and found in Appendix A-F may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through inquiries if instructions are not understood.

2. PROPOSAL FORMAT

a. Proposals must be typed and submitted in English. Proposals submitted in a language other than

English are unacceptable. Letters of Commitment, partnership agreements and Joint Venture

Agreements, if not written in English, must be accompanied by English translated copies with signed statements, in English, by an authorized representative who can bind the offeror that the English translation is true and correct.

b. An offeror’s proposal must include an (1) original and two (2) copies of both volumes along with one (1) CD which must contain all files in an Adobe portable document format (PDF). The Original and each copy must be individually bound, typically in a standard three ring binder or similar book with tabs or separators dividing each of the sections noted above.

c. An offeror’s qualification proposal and representation and certification information must be submitted as two separate volumes (PDF files) as identified in Section II, paragraph B.1, Proposal

Content. Page limits, if stipulated must be adhered to. The Government will not evaluate any material that exceeds the page limits specified herein. As indicated above, in the Phase One, Factors

One and Two, have a page limitation of fifteen (15) pages for each factor. Proposals shall be sized to print on 8 ½” x 11” paper (11” X 17” for drawings). Margins shall be no smaller than a half inch

(1/2”), font face shall be Times New Roman or Arial, and font size shall be no smaller than 10 point font. Page is defined as a single sheet of paper with text on both sides. A page furnished for organizational purposes only, such as a cover page or a table of contents, is not included in the number of pages for purposes of applying the page limitation. Corporate certificates, Joint Venture

Agreements, Partnership Agreements, and Letters of Commitment are also not included in page limitations.

d. Offerors shall place 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.”

e. All information must be confined to the appropriate volume. In order to reduce proposal size, the offeror must confine the proposal to required information sufficient to provide 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 proposals. It will be up to the offerors to identify the sections in which a table of contents, a summary section with a brief abstract of the volume, and the narrative discussion will be located. Proprietary information must be clearly marked.

C. PROPOSAL SUBMISSION INSTRUCTIONS

The Phase One proposal due date is: 6 July 2018, 4:00PM Eastern Time.

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

or

U.S. ARMY CORPS OF ENGINEERS

MIDDLE EAST DISTRICT - CETAM-CT-EA MIDDLE EAST DISTRICT - CETAM-CT-EA

ATTN: DIANE DELATHOUDER/ W912ER-

18R-0030

ATTN: DIANE DELATHOUTHER/ W912ER-

18R-0030

201 PRINCE FREDERICK DRIVE P.O. BOX 2250

WINCHESTER, VA 22602 WINCHESTER, VA 22604

It is the offeror’s responsibility to ensure that the Phase One proposal is received on or before the closing date and time of the Phase One solicitation.

D. SOLICITATION INQUIRIES

1. 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 bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/. The Government will only respond to ProjNet inquiries submitted in regards to the Phase One RFP requirements during Phase One. Do not submit inquiries regarding Phase Two RFP requirements during Phase One.

a. Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected.

b. Offerors will receive acknowledgments of their questions via email, followed by answers to their questions after they have been processed by the Government’s technical team. Offerors may view all bidder inquiries through ProjNet.

c. Inquiries must be submitted no later than seven (7) calendar days prior to the proposal due date. Offerors will not be able to submit inquiries after this date as the ProjNet system must be shut down.

2. To submit and review bid inquiries, prospective offerors will need to use the Bidder

Inquiry Key presented below and follow the instructions listed below the key for access.

The Bidder Inquiry Key: KMWZ5G-DE38S5

3. 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 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.

4. Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5. For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the

Contract Viewer.

6. For questions about the ProjNet-®, please contact the Call Center help desk toll free at 1-

800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com.

7. Pre-proposal Conference/Site Visit. Information below:

A Pre-Proposal Conference for this requirement will be held on Wednesday, 27 June 2018, from

3:45 PM to 5:30 PM AST (GMT+3 hours) at the Radisson Blu Hotel, Al Bida'a Road, Al Ta'awn

Street, Safat 13122, Kuwait City, Kuwait. Up to two representatives of each interested vendor may attend. Vendors that intend to attend must register by sending the names of their attendees to

Matthew Tilghman, Assistant District Counsel, at matthew.tilghman@usace.army.mil by 4:00 PM

AST on Monday, 25 June 2018.

E. DEBRIEFING OF UNSUCCESSFUL OFFERORS

Unsuccessful offerors will be notified in accordance with FAR Subpart 15.5. An unsuccessful offeror may request a pre-award debriefing or a post-award debriefing by submitting a written request to the contracting officer within three (3) days after receipt of the notice excluding the offeror from the competition and award. Offerors are entitled to no more than one debriefing for each proposal.

F. BASIS OF PHASE ONE EVALUATION

1. Subject to the provisions contained herein, the most highly qualified offerors will be selected and requested to submit Phase Two proposals. In determining the most highly qualified offerors, the

Government will evaluate qualification proposals to determine which offerors’ proposals that are responsive to the solicitation requirements best meet the Phase One criteria and whose proposals, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, meet the technical standards for non-price factors. The Government intends to advance up to five (5) offerors to Phase Two from which it anticipates awarding one FFP contract. It may advance fewer than five (5) offerors and will exercise discretion in determining the number of offerors to be advanced to Phase Two, determining a reasonable cut-off between offerors advanced and offerors not advanced based on a tradeoff analysis, taking into account the Government’s interest in competition and its interests in awarding to a highly qualified contractor and in preventing wasteful effort on Phase Two proposal preparation by contractors without realistic prospects of award.

2. The Technical Evaluation Team (TET), using reasoned judgment, shall evaluate qualification proposals by identifying significant strengths, strengths, significant weaknesses, weaknesses, uncertainties, and deficiencies in each offeror’s proposal and assigning a combined technical/risk rating to each proposal for each evaluation factor.

Definitions

Significant Strength is an aspect of an offeror's proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Weakness is a flaw in the proposal that increases the risk of unsuccessful contract performance.

Uncertainty is any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g. more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake).

Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

A risk as it pertains to source selection is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor or sub-factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract

3. There may be contained within the evaluation factors certain mandatory or minimum requirements to be met for evaluation. There are also contained within the described factors certain documents for submission. Failure to satisfy any mandatory or minimum requirement may result in a determination that a proposal is unacceptable. A final determination that a proposal is unacceptable means that the offeror will not be selected as a most highly qualified offeror and the Government will not request that the offeror submit a Phase Two proposal. This does not limit the Government’s discretion to exclude offerors without any “unacceptable” ratings from Phase Two because they were not found to be among the most highly qualified offerors.

4. The Government intends to select the most highly qualified offerors without discussions, but reserves the right to hold discussions if the Government determines that to do so would be in its best interests. Therefore, an offeror’s proposal should contain the offeror’s best terms from a technical standpoint. The Government reserves the right to conduct discussions if it is determined by the contracting officer to be necessary or requested by the source selection authority (SSA).

G. PHASE ONE EVALUATION FACTORS

All the submission items to be evaluated shall pertain to the offeror and its major subcontractors.

Subcontractors: The Government recognizes that completion of a project is often a team effort. An offeror that intends to utilize one or more major subcontractor(s), shall submit a firm, unequivocal letter of commitment signed by each major subcontractor. A major subcontractor is defined as a subcontractor that performs twenty percent (20%) or more of the total on-site management and construction efforts or one that performs twenty percent or more of the total dollar value of the project. Offerors that propose to use designers of record (DORs) are also required to submit firm, unequivocal letters of commitment signed by their DORs. The Government will not consider in relation to the requirements of this Solicitation the qualifications of, or other proposal information pertaining to, subcontractors or DORs for which acceptable letters of commitment have not been provided.

If an offeror’s accepted proposal includes the use of any major subcontractors or DORs, the offeror shall not change major subcontractors or DORs without the contracting officer’s approval. For this purpose and this purpose only, the Phase One proposals of offerors advanced to Phase Two are deemed accepted only to the extent those Phase One proposals incorporated the use of major subcontractors or DORs in their responses to the Phase One selection factors. Thus, if an offeror advanced to Phase Two changes a major subcontractor or DOR submitted at Phase One, and the proposed substitute major subcontractor or DOR does not have qualifications equal to or better than those of the major subcontractor or DOR from Phase One that it is proposed to replace, in the judgment of the contracting officer with respect to the Phase One evaluation factors, the Government may, in its discretion, reject the offeror’s proposal, with or without considering the proposal at all with respect to the Phase Two evaluation factors. After award, the offeror shall not change major subcontractors or DORs without the Contracting Officer’s approval. Approval will not be given unless the Contracting Officer considers the proposed substitute to be equal to or better than the originally proposed major subcontractor or DOR in all respects and that the substitution is in the best interests of the Government.

Joint Ventures: A joint venture is defined as a legal business entity formed between two or more companies to undertake the performance activities of a contract together.

An offeror proposing as a joint venture shall provide evidence that the joint venture as a legal entity has been duly formed. A Joint Venture offeror shall include a copy of its legal joint venture agreement signed by an authorized representative who can bind the entity of each coventurer, with the authorized representative of each entity identified. A prospective offeror that submits a proposal as a Joint Venture may not change either/any coventurer, if selected for award.

EVALUATION FACTORS

FACTOR 1: CONSTRUCTION EXPERIENCE,

FACTOR 2: LICENSING/ABILITY TO GAIN/ CURRENTLY HAVE ACCESS TO BASE,

FACTOR 3: FINANCIAL SURETY

To receive consideration for Phase Two participation, an offeror must have adjectival ratings of no less than “Acceptable” for Factors 1, and 2 and a “Go” rating for Factor 3.

The Phase One proposals will be evaluated on two (2) non-price evaluation factors and one (1)

Go/No-Go factor for financial surety. Factor 1 (Construction Experience) and Factor 2

(Licensing/Base Access) are of equal importance.

Financial Surety, Factor 3 is a Go/No-Go factor and, thus, will receive a rating of either Go or No-Go.

This factor evaluates the offeror’s ability to obtain surety pursuant to FAR Part 28.

FACTOR 1: CONSTRUCTION EXPERIENCE

SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES:

The Construction Experience portion of an offeror’s proposal will be limited to fifteen (15) pages in length. Any pages beyond fifteen (15) will not be evaluated and will be ignored.

Each offeror’s experience will be examined for breadth and depth of relevant work performed in design-build and construction projects ($10-$20 million in value) in Kuwait, United Arab Emirates

(UAE), Oman, Qatar, Saudi Arabia, Bahrain, or Iraq, as stated in this solicitation. The successful offeror will possess demonstrated experience performing design-build construction projects similar to the requirements of this solicitation. For this purpose, relevant types of project experience include design, construction, and connection of electrical feeders and switchgear systems. Projects performed in Kuwait will be considered more relevant than projects performed in other countries included in the list above. A separate project relevancy analysis will be completed under the Past Performance factor at Phase Two.

At a minimum, an offeror should address its experience in the following:

a. Hiring qualified laborers and maintaining a qualified workforce.

b. Procurement of long lead items.

c. Obtaining access to work locations, such as base access.

Offerors shall provide information about projects, delineating the project name, major features

(building, runway, road, etc.), overall contract value (in U.S. 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. The experience of either coventurer in a joint venture offeror may be submitted as the experience of the offeror, and experience of major subcontractors will be considered the experience of the offeror, provided that the letter of commitment requirement set forth above is met. Projects cited shall, at the time of issuance of the solicitation, be well underway (fully designed and at least 75% construction progress completed) or have been completed within five (5) years preceding the date of this solicitation. The offeror shall submit a completed Construction Experience

Overview Sheet (Attachment B) capturing all projects being submitted for evaluation, as well as

Construction Experience Information Sheets (Attachment C) for no more than five (5) projects that have been completed by the offeror within the past five (5) years or are currently being performed and well underway in Kuwait, UAE, Oman, Qatar, Saudi Arabia, Bahrain, or Iraq.

At least one (1) of the projects submitted must have a construction value greater than $5 million but less than $100 million. At least two (2) relevant projects shall have been performed in Kuwait.

Projects valued at less than $5 million will not be considered. If more than five (5) projects are submitted for this factor, only the first five (5) will be evaluated.

EVALUATION APPROACH FOR FACTOR 1 CONSTRUCTION EXPERIENCE

The Government will evaluate each offeror’s experience and will rate each offeror on the basis of relative depth of its experience in managing and executing projects that are similar in price ($10-

20M), scope, and complexity to the requirements of this solicitation in the past five (5) years. In evaluating the projects submitted for this factor, the Government will give preference for the following:

1. Construction projects similar to the requirements of this solicitation for which the prime offeror served as the prime contractor.

2. Performance of multiple, concurrent projects similar to the solicitation requirements in

Kuwait.

3. Offerors who demonstrate the ability to obtain access to Kuwaiti military bases through experience with projects located on such bases.

4. Offerors with Quality Control (QC) experience on a USACE project similar to the requirements of this solicitation.

5. Offerors with USACE QC experience on a project in Kuwait, UAE, Oman, Qatar, Saudi

Arabia, Bahrain, or Iraq.

6. If subcontractor experience is submitted, projects on which the major subcontractor whose experience is submitted served as the prime contractor.

ADJECTIVAL RATING AND DEFINITION FOR FACTOR 1 CONSTRUCTION EXPERIENCE

The Technical Factor 1 rating shown below focuses on the strengths, deficiencies, weaknesses, risks and uncertainties of the offeror's proposal. The color rating depicts how well the offeror’s proposal meets the Technical Factor 1 requirements.

COLOR Rating Adjectival RATING Description

Blue

Outstanding

Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple

Good

Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow

Marginal

Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red

Unacceptable

Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is un- awardable.

FACTOR 2: LICENSING, PERMITS, AND ABILITY TO GAIN BASE ACCESS

The Government places a greater weight on a proposal that demonstrates that the offeror understands how to obtain and will be able obtain the following, as required for this project, in order of importance:

1) Element 1 - Licensing

2) Element 2 - Base Access

3) Element 3 – Permits

The Licensing, Permits, and Ability to Gain Base Access section of an offeror’s proposal will be limited to fifteen (15) pages in length. Any pages beyond fifteen (15) will not be evaluated and will be ignored.

Element 1 – Licensing: The offeror will show that it has the necessary construction licenses and documentation to prove that it has worked and can currently work in Kuwait or that it knows how to, and can, obtain the required licenses and other documentation to perform design-build construction in

Kuwait. Offerors will explain what licenses and registrations will be necessary to perform the work under this contract in order to show the sufficiency of the licenses and registrations that they have proven they possess or are able to obtain. The offeror shall include, with its narrative, proof of current

Kuwait business licensure in the offeror’s name or of the offeror’s ability to obtain a Kuwait business license, as well identification of the offeror’s local sponsor if the offeror requires one in order to perform the requirements of the solicitation. In addition to the documents provided in response to this element, the offeror must provide an explanation as to how its proposed business structure, licenses, registrations, and authorizations, and/or its ability to obtain licenses, registrations, and authorizations, render it duly licensed and authorized to conduct all activities required by this solicitation in conformance with the terms of the solicitation with respect to the laws and regulations of the State of

Kuwait, or will render it so in time for it to meet all requirements of the solicitation without delay.

The narrative and documentation provided in response to this element will be evaluated for thoroughness, apparent accuracy, and other indications that the offeror will be effective at obtaining and maintaining all necessary licensure and registration for this project. The greatest credit will be given to offerors that are able to prove to the satisfaction of the Government the sufficiency of their current, valid licenses and registrations to allow them to perform the work under this solicitation.

NOTE: The offeror, one of the coventurers in the offeror if it is a joint venture, or a major subcontractor for which a letter of commitment has been provided must be registered with and authorized by the Kuwait Ministry of Electricity and Water (MEW) to perform the construction of electrical switching stations. The entity within the offeror's team that is so registered and authorized must perform the construction and outfitting of the buildings required by this solicitation. Offerors that do not convincingly show that they possess this registration or that they can obtain it in time to perform the requirements of the solicitation may be eliminated from consideration to advance to

Phase Two. This is not the only registration and licensure requirement, but it is a critical one for this project."

Element 2 – Base Access: The offeror will explain the requirements for accessing military bases in

Kuwait and set forth its procedures for obtaining base access for the performance of this project on

Camp Arifjan. The offeror will explain how it will obtain the necessary base passes for this project from the Area Support Group-Kuwait (ASG-K). If the offeror has current access to military bases in

Kuwait, proof of that fact will provide further evidence of the offeror’s understanding of the requirements that will likely apply to this project. In addition to obtaining base access for personnel, subcontractors, and equipment, the narrative should address controlling access to the work site as required on military bases in Kuwait and the procedures for obtaining base access for each of the personnel, subcontractors, construction materials, and equipment. Offerors should investigate whether there are any nationality restrictions that could affect base access and explain how they will comply with any such restrictions as they exist and as they may arise during performance of the contract.

The Government will evaluate each offeror’s understanding of current base access/pass procedures, requirements, and potential constraints. The completeness, reasonableness, feasibility, and timeline of the offeror’s plan to gain a sufficient number of base passes to meet the requirements of this solicitation will be assessed. Greater weight will be given to offerors that demonstrate they currently have base access for purposes of performing work on military bases in Kuwait.

Element 3 – Permit Requirements: The offeror will list the permit requirements that will apply to the performance of the contract issued under this solicitation. It will explain the significance of each required permit and the procedures for obtaining it, and it will set forth its procedures and timeline for obtaining each of the necessary permits.

The Government will evaluate the offeror’s understanding of current Kuwaiti permitting requirements that will apply to the project under this solicitation, including the completeness of the offeror’s list of necessary permits applicable to performing construction, and specifically construction of electrical infrastructure, in Kuwait. It will evaluate the offeror’s timeline and detailed plan to obtain the necessary permits for realism overall and for the employment of realistic measures to expedite the process of obtaining all necessary permits.

FACTOR 3: FINANCIAL SURETY

Offerors are required to submit proof of their ability to obtain surety for performance and payment bonds in the form of commercial surety bonds, irrevocable letters of credit, or other acceptable surety under FAR 52.228-15, which is included in this solicitation. The surety or bank shall attest to the offeror’s ability to obtain bonding or satisfactory Irrevocable Letters of Credit (ILCs) for $10 million

US Dollars (USD) coverage for the duration of the contract performance period of 446 calendar days.

Performance and payment bonds must be supported by acceptable security as defined in FAR 28.201.

A letter of commitment from an acceptable surety as defined in FAR Subpart 28.2 will provide acceptable proof of the offeror’s ability to obtain the required coverage. Only a (U.S.) federally insured financial institution may confirm the offeror’s ability to obtain an ILC.

Offerors must submit proof of their ability to obtain the required surety to receive a “Go” rating.

Offerors that receive a “No-Go” rating will not be considered for award.

The guidance below should assist the contractor in determining what it must submit as proof:

The evidence of ability to obtain adequate surety must come from an entity that would be acceptable as the surety during contract 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 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 obtain commercial surety bonds.

With respect to individual sureties, offerors should be mindful of the requirement to prove, and not merely allege their ability to provide the required surety. For example, in order to prove ability to obtain surety through an individual surety’s pledge of assets, an offeror would have to provide both proof of sufficient assets and a letter from an authorized representative of the individual surety stating the availability of the assets as security for the performance and payment bonds under the contract resulting from the solicitation and its/his/her intent to pledge the assets as such, along with evidence of the authorization of any individual signing such a letter in a representative capacity.

Similarly, to prove ability to meet the surety requirements with certified checks or money orders, the contractor would have to provide both proof of a sufficient bank balance and a letter from an authorized representative of the entity in whose name the balance is deposited, stating both the availability of the funds as security for the performance and payment bonds under the contract resulting from the solicitation and the accountholder’s intent to use the funds to provide a certified check or money order, along with evidence of the authorization of the individual signing the letter to bind the accountholder. Analogous requirements apply to proof of ability to provide acceptable security in the form of bonds or notes of the United States.

Ultimately, the performance and payment bonds or ILCs must secure the performance and payment obligations of the contractor under the contract resulting from the solicitation. As long as this is the case, who funds the performance and payment sureties (for example, whether it is a joint venture offeror itself or only one of the coventurers in a joint venture offeror) is, generally, not a matter of concern to the Government.

Note that the Government has not determined it to be impracticable to obtain surety, or to provide performance and payment bonds from U.S. Treasury-listed bonding companies for the contract that will result from the solicitation.

Offerors should not expect the surety requirements of the contract to be waived or reduced or commercial surety bonds issued by non-U.S. Treasury-listed companies to be accepted. Note also that a bank letter of guaranty or other bank guaranty (that is not an ILC conforming to the requirements of FAR 52.228-14) will not be an acceptable form of surety for the contract. These same requirements that will apply to the sureties required for the contract will apply in the evaluation of this factor.

Offerors that have any doubt as to whether or not their contemplated submissions will meet the requirements of this factor should use the vendor inquiry process to obtain clarification.

To be clear, the requirement of proof of ability to obtain surety in the amount of $10 million is for purposes of this Phase One factor only and is separate from the bid guarantee that will be required in

Phase Two and separate from the performance and payment surety requirements that the contractor will have to meet after award.

However, the proof of ability to obtain surety must relate directly to this project—be proof of ability to obtain surety for this project if it is awarded to the offeror. The bid guarantee requirement is a

Phase Two requirement and the amount will depend on the offeror's proposed price submitted in response to the Phase Two RFP. The amounts of the performance and payment sureties will depend on the price at which the contract is awarded.

Financial Surety Ratings

Rating Definition

Go Offeror provided proof of its ability to obtain performance and payment bonds, irrevocable letters of credit, or other surety.

No-Go Offeror did not provide proof of its ability to obtain performance and payment bonds, irrevocable letters of credit, or other surety as required by FAR 52.22815.

PHASE TWO: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

The following is a brief overview, for information only, of the proposed Phase Two process. It will only be applicable to those offerors who are selected to submit proposals in Phase Two. Do not submit Phase Two documentation during Phase One. Do not submit Phase Two inquiries on

ProjNet during Phase One. All offerors selected to propose in Phase Two will be evaluated on the evaluation factors outlined in the Phase Two solicitation. This overview is for informational purposes and is subject to change.

A. GENERAL INFORMATION

The intent of the Phase Two Solicitation is for the Government to award one Firm-Fixed-Price (FFP) contract. The Phase Two Request for Proposals (RFP) will include both pricing and non-pricing evaluation factors. Non-pricing features of an offeror’s Phase Two proposal will be evaluated in such a manner to assess the value of those features as compared to the proposed prices or costs to the

Government. Implicit in this process is the Government’s willingness to accept other than the lowest priced offer, if the added benefits of a higher priced offer outweigh the additional cost or price involved. Pricing shall be evaluated for completeness and reasonableness.

Magnitude of Construction: The estimated cost of this construction project is between $10,000,000 and $20,000,000.

The Primary NAICS code is 236220 – Commercial and Institutional Building Construction with a small business size of $36.5 million.

System For Award Management (SAM). Contractors (including Joint Venture entities) shall be registered in the System for Award Management (SAM) and determined to be responsible prior to

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

Please ensure that NAICS code 236220 – Commercial and Institutional Building Construction is listed in your SAM registration.

B. PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT

The Government will not reimburse any costs incurred in preparing or associated with preparation and submission of any responses to this solicitation. Oral explanations or instructions to offerors are not binding. Any information given to an offeror which impacts the solicitation and/or proposal will be given in the form of a written amendment to the solicitation. Any and all amendments to the solicitation will be issued electronically via the U.S. Army Aviation and Missle Research

Development and Engineering Center (AMRDEC) only to the most…