Amendment W912ER22R00280001 Al Qassim Simulator.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

The purpose of this amendment is to accomplish the follow ing:

1. SF1442, Block 13A: Extend the proposal due date and time from 22 April 2022, 10:00 AM Eastern Daylight Time (EST) to 29 April 2022, 10:00 AM Eastern Daylight Time (EST).

2. Section 00 21 00: Incoporate Site Visit information into provision 52.236-27 Alt I.

3. Section 00 21 16: Remove the "$3.5M requirement for Irrevocable Letter of Credit" from Tab D, Section 8.1.b.

4. Section 00 21 16: Clarify the Financial Questionnaire as a section of "Enclosure B" under Tab E, Section 9.1.d.iv.

5. Section 00 72 00: Change the bonding requirement under clause 52.228-15 for Payment Bonds from 10% to 20% and dollar amount from $1,000,000 to $2,000,000.

6. Section 00 73 00: Remove Bank Letter Guarantee language from Section N. "Requirements for Issuance of Notice to Proceed" of the Special Contract Requirements as Bank Letter Guarantees w ill not be accepted for this requirement.

7. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 39

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

16C. DATE SIGNED

BY 30-Mar-2022

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 W912ER22R0028

X 9B. DATED (SEE ITEM 11)

24-Mar-2022

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 X is extended, 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.

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

6. ISSUED BY

3. EFFECTIVE DATE

30-Mar-2022

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:

W912ER22R0028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 22-Apr-2022 10:00 AM to 29-Apr-2022 10:00 AM.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

SECTION 00 21 00 INSTRUCTIONS

ITEM DESCRIPTION

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT REQUIREMENTS

1.3 MAGNITUDE OF CONSTRUCTION

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 ACCURACY IN PROPOSALS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM) OSTS

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 PROPOSAL REQUIREMENTS

1.10 PROPOSAL CONTENT

1.11 PROPOSAL FORMAT

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.13 SOLICITATION INQUIRIES

1.14 SOLICITATION PROVISIONS

PROVISIONS BY REFERENCE

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

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

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION

52.215-10 SUBMISSION OF OFFERS IN U.S. CURRENCY

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

CERTIFIED COST OR PRICING DATA

52.232-13 NOTICE OF PROGRESS PAYMENTS

52.236-28 PREPARATION OF PROPOSALS – CONSTRUCTION

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS

252.215-7008 ONLY ONE OFFER

PROVISIONS BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT

52.216-1 TYPE OF CONTRACT

52.233-2 SERVICE OF PROTEST

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

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS

252.215-7013 SUPPLIES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE

CONTRACTORS

1.0 GENERAL INFORMATION

In accordance with Federal Acquisition Regulation (FAR) Subpart 36.3, this solicitation will utilize a Firm-Fixed Price Single Phase Design-Bid-Build contract award of a Simulator Building along with all supporting facilities including electric services, water, sewer, gas, paving, walks, curbs, gutters, drainage, site improvements, demolition, and information systems in support of Foreign Military Sales requirement in the Kingdom of Saudi Arabia.

1.1 GENERAL DESCRIPTION OF WORK

The work contemplated under this solicitation includes a Single-Phase Firm-Fixed Price (FFP) Design-Bid-Build Construction contract for a Simulator Building for the Royal Saudi Land Forces Aviation Command (RSLFAC) at the Aviation Institute in Al Qassim. All work shall be done in accordance with the design documents including plans and specifications provided herein. All construction and other associated efforts shall be done in accordance with local building codes and internationally recognized standards with respect to safety and general construction, and as described in these documents. Moreover, the construction contractor will be responsible for reviewing and confirming the site conditions in the topographic and geotechnical surveys and reports provided. This is a single-phase solicitation process.

1.2 CONTRACT REQUIREMENTS

The Government intends to award a Firm-Fixed-Price single award contract. The Government will use competitive procedures in making the award. The total period of performance will not exceed 705 calendar days from notice to proceed. The contractor shall provide all management, administration, quality control, labor, transportation, equipment, materials, vehicles, heavy equipment, supplies and other items as necessary to perform the services contained in the resultant contract.

1.3 CONSTRUCTION MAGINTUDE

1.3.1 The construction magnitude is more than $10,000,000.

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4.1 The Solicitation and all amendments will be posted on sam.gov at https://sam.gov.

Proposals will be sent via DOD Safe File Exchange. The file exchange will be password protected and the RFP can be downloaded only once. Each offeror participating will receive directions in the SAFE File Exchange email.

1.5 ACCURACY IN PROPOSALS

1.5.1 Proposals must set forth full, accurate, and complete information as required by this RFP (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

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

1.7 SYSTEM FOR AWARD MANAGEMENT (SAM)

1.7.1 Offerors must comply with System for Award Management (SAM) registration requirements in FAR Clause 52.2047 and be determined responsible prior to award. For more information, see the SAM website at https://sam.gov/. Please ensure that NAICS Code 236220 – Commercial & Institutional Building Construction is listed in your SAM registration. Those offerors registering for SAM for purposes of this acquisition are cautioned to be cognizant of the corporate name used for SAM registration purposes.

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8.1 The Government will not reimburse any costs incurred or associated with preparation and submission of any responses to this solicitation. Any oral explanations or instructions to offerors if made, are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

1.9 PROPOSAL REQUIREMENTS

1.9.1. Offerors shall not modify the terms and conditions of the solicitation in either the non-price (technical) or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award. The offeror should resolve any questions related to specific terms and conditions contained within the solicitation prior to submission of their offer.

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

1.9.3. Use of the words “will”, “shall”, or “must” indicates a mandatory requirement.

Failure to comply with a mandatory requirement at the time and date for submission of proposals, shall result in an offeror’s proposal being disqualified from consideration for award, unless the Government determines to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved could be made. Failure to comply with requirements annotated with the words “should” or “may” could result in an unacceptable rating of an offeror’s non-pricing ratings, and may have a significant effect upon an offeror being selected for the contract award. Time periods, if stated as a number of days, are calendar days unless otherwise specified.

1.10 PROPOSAL CONTENT

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

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

a. Solicitation number

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

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

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

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

1.10.4 Volume II – Pro Forma Information:

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

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

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

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

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

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

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

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

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

JV.

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

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

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

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

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

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

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

1.10.11 Standard Form 1442 and Price Breakout Schedule.

1.11 PROPOSAL FORMAT

Proposals, including all attachments and supporting documents, must be typed and submitted in English. Proposals submitted in a language other than English will be considered unacceptable.

Letters of Intent, licenses, or joint venture agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner, that the English translation is true and correct.

1.11.2 Page limits apply to Factor 1, Factor 2 and Factor 3. Each factor’s page limits are discussed in the respective section. The Government will not evaluate any material that exceeds the page limits specified herein. Corporate certificates, joint venture agreements, and Letters of Intent are also not included in page limitations.

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

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

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

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

1.12 PROPOSAL SUBMISSION INSTRUCTIONS

1.12.1 ELECTRONIC PROPOSAL SUBMISSION

Proposals: ALL SUBMISSIONS TO THIS PROPOSAL ANNOUNCEMENT SHALL BE

SUBMITTED

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

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

Instructions for uploading are as follows:

a. Send an email to the Contract Specialist to receive the link to drop off your proposal.

This will need to be completed five (5) business days prior to proposal due date.

• MAJ Jonathan M. Space at jonathan.m.space@usace.army.mil AND

• Ms. Carla A. Echols at carloso.a.echols@usace.army.mil

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

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

W912ER22R0028-FIRM NAME

d. Click Upload button to send documents.

e. Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards (CACs) are not required).

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

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

• W912ER22R0028-FIRM NAME-VOLUME I

• W912ER22R0028-FIRM NAME-VOLUME II

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

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

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

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

Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

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

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

1.12.2 Late Proposals

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

1.13 SOLICITATION INQUIRIES

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

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

The Solicitation Number is:

The Bidder Inquiry Key is:

68JNRZ-6ZVGTN

1.13.1 Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

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

f. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

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

1.13.2 Specific Instructions for Future ProjNet Bid Inquiry Access:

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

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

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

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

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

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

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

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

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

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

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

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

NOTES:

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

b. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

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

1.14 SOLICITATION PROVISIONS.

CLAUSES INCORPORATED BY REFERENCE

52.204-16

Commercial and Government Entity Code Reporting

.AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission of Offers in The English Language APR 1991 52.214-35 Submission of Offers in U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.232-13 Notice of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

OCT 2016

252-215-7008 Only One Offer JUL 2019

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for--

14 April 2022 at 11:00 AM Arabia Standard Time (AST), Contractors are limited to two personnel per company.

Contractors must submit their list of attendees by email to the USACE points of contact along with the contractor required documents to attend the site visit no later than 5 April 2022 at 3:00 PM Arabia Standard Time (AST).

USACE Points of Contact:

Shubhashis Cakravarty, Shubhashis.Chakravarty@usace.army.mil CPT Kevin Yarbrough, Kevin.T.Yarbrough@usace.army.mil

Contractor Required Documents:

-Copy of Passport

-Copy of Visa/Iqama -Flight Itinerary if applicable -Vehicle Information (make, model, color, registration, insurance) if applicable

NOTE: ALL CONTRACTOR REQUIRED DOCUMENTS NEED TO BE COMBINED INTO ONE PDF

FILE.

(c) Participants will meet at--

MGRS: 38RLQ 76631 10239

Long/Lat: 26.306694, 43.764104

The above location is the parking lot in the vicinity of the Al Qassim Base Main Gate.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

INSTRUCTIONS TO PROPOSERS

SECTION 00 21 16

1.0 OVERVIEW

The intent of this solicitation is to select a contractor for a Firm Fixed Price, Design-Bid-Build contract, for a new Flight Simulator Building, to include all supporting facilities including electric services, water, sewer, gas, paving, walks, curbs, gutters, drainage, site improvements, demolition, and information system to support foreign military sales in the Kingdom of Saudi Arabia.

1.1 This is a Single-Phase procurement, and the basis of award is the Best Value Trade- Off Process. All evaluation factors, other than Price, when combined, are considered approximately equal to price in selecting the best value to the Government. Potential offerors are invited to submit the information described in this Section 00 21 00 for review and evaluation by the Government.

2.0 SUBMITTAL OF OFFERS

Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's capability for successfully completing the solicited project. Requirements stated in this

Request for Proposal (RFP) are minimums. Proposals should follow in the order of sequence set forth in the RFP. Information provided out of sequence may not be evaluated and may result in the offeror’s disqualification from award.

2.1 Offerors shall submit their proposals no later than the time and date specified in Block 13 of Standard Form 1442.

NOTE: The Transatlantic Middle East District is in the Eastern Time Zone.

2.1.2 The Government is using a single phase procurement approach for this Firm-Fixed Price, Design-Bid-Bid contract. Offerors are required to submit a proposal consisting of the information identified in paragraphs 2.1.3 and

2.1.4 below. Proposal sections should parallel the submission requirements identified herein.

2.1.3 Volume I shall be submitted electronically and include the following information:

Volume I: Factor 1: Corporate Capability

Volume I: Factor 2: Construction Experience Volume I: Factor 3: Preliminary Schedule

Volume I: Factor 4: Past Performance

2.1.4 Volume II shall be submitted electronically and include the following information:

Volume II – Tab A: Standard Form 1442 Volume II – Tab B: Proposal Price Breakout Schedule Volume II – Tab C: Joint Venture Agreements (If Applicable) Volume II – Tab D: Evidence of Ability to Obtain Bonding and Proof of Financial Ability Volume II – Tab E: Pre-Award Information/Contractor Responsibility Information

3.0 PROPOSAL EVALUATION PROCESS

A Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers, and other required personnel will evaluate the proposals. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence. The number and identities of offerors will not be revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and the basis of award is a Best Value Trade-Off.

3.1. Proposal Compliance Review: This is an initial review to ensure that all required forms and certifications are complete, and that the offeror is financially capable of sustaining performance under the contract and is able to obtain the required level of performance and payment bonds from an acceptable surety.

3..2 Technical Evaluation and Price: The SSEB will evaluate and rate the proposals against the RFP requirements.

a. Factor 1 – Corporate Capability: will be rated using the adjectival-based system (using Table 1 below).

b. Factor 2 – Construction Experience: will be rated using the adjectival-based system (using Table 1 below).

c. Factor 3 – Preliminary Schedule: will be rated using an adjectival-based system (using Table

1, below).

d. Factor 4 – Past Performance: will be rated based on overall confidence in the offeror’s performance (using Table 2, below), with the final confidence assessment rating based on the extent of recent, relevant past experience (using Table 3, below), and the quality of the offeror’s performance on that experience.

e. Factor 5 – Price: Proposal Price Breakout Schedule

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS

Proposals will be evaluated in accordance with the factors below, listed in relative order of importance. Offerors are reminded to include their best technical approach in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interest of the Government.

Volume I – Factor 1: Corporate Capability Equal to Factor 2 and Factor 4 and when combined, are significantly more important than Factor 3.

Volume I – Factor 2: Construction Experience Equal to Factor 1 and Factor 4 and

Volume I – Factor 3: Preliminary Schedule Less significant in comparison to

Factors 1, 2, and 4.

Volume I – Factor 4: Past Performance Equal to Factor 1 and Factor 2 and

Volume II – Price and Pro Forma Information

Tab A Standard 1442 Not Rated Tab B Price Schedule Not Rated Tab C Joint Venture Agreements Not Rated Tab D Evidence of Ability to Obtain Bonding Not Rated and Proof of Financial Ability Tab E Pre-Award/Contractor Responsibility Not Rated Information

4.1 Ratings:

Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation.

TABLE 1

Management Approach

Rating Description

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

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.

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

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

Unacceptable

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

TABLE 2

Performance Confidence Assessments

Rating Description

Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will successfully perform the required effort.

TABLE 3

Past Performance Relevancy Ratings

Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

4.1.1 Definitions:

a. Significant Strength. 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.

b. Strength. 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.

c. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

d. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

e. Deficiency. 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. See FAR 15.001.

f. Uncertainty. 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).

g. Adverse Past Performance. Past performance information, that supports a less than satisfactory rating on any evaluation. Adverse past performance that must be addressed with Offerors includes unfavorable comments received from sources such as those received from respondents from past performance questionnaires or interviews that have not been finalized within a formal rating system

h. Clarification. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1).

5.0 VOLUME I PROPOSAL SUBMISSION REQUIREMENTS AND EVALUATION FACTORS

5.1 FACTOR 1: CORPORATE CAPABILITY

Proposal Submission Requirements. The offeror’s proposal shall address the following:

5.2 The Corporate Capability portion of an offeror’s proposal will be limited to six (6) pages in length, not including registrations, licenses, letters of intent, or the Performance Distribution Statement. Information provided that exceeds the page limit will not be evaluated. An offeror should provide a detailed narrative that demonstrates the offeror’s understanding of the overall scope of work for the project and describes the offeror’s corporate capability to completing the work.

5.2.1 The offeror shall submit the following:

i. Kingdom of Saudi Arabia (KSA) Commercial Registration Certificate (Business License): A copy of a current Kingdom of Saudi Arabia (KSA) Commercial Registration Certificate (Business License) in the offeror’s name in English or translated into English. In the alternative, in the event that the offeror’s licensure or authorization to perform construction in KSA, permitting it to perform the work required by this solicitation, is in some form other than a Commercial Registration Certificate, the offeror must provide documentary proof of each and every element of such licensure or authorization and a full explanation as to how its licensure or authorization, currently in effect, complies with the laws of KSA. The requirement of the previous sentence applies to any form of licensure or authorization other than a Commercial Registration Certificate in the name of the prime offeror itself (the same legal entity), including the commercial registration of one or more coventurers in an offeror that is a joint venture if that is sufficient for performance of the resulting contract under the laws of KSA.

ii. Letters of Intent: The offeror shall submit a Letter of Intent signed by each major subcontractor it intends to employ. A major subcontractor is defined as a subcontractor that will perform twenty percent (20%) or more of the total dollar value of the project.

Notice regarding subcontractors: The Government recognizes that an Offeror/Prime Contractor often utilizes major subcontractors to perform portions of the work. The offeror shall submit a Letter of Intent signed by each major subcontractor it intends to employ. A major subcontractor is defined as a subcontractor that will perform twenty percent (20%) or more of the total dollar value of the project.

Each Letter of Intent must:

(1) Be written on the subcontractor’s company letterhead;

(2) Be addressed to the offeror;

(3) Describe and agree to a specific scope of work without caveats or disclaimers; and

(4) Be executed by the subcontractor’s authorized representative.

After award, the Offeror shall not change major subcontractors for which it submitted a Letter of Intent without the Contracting Officer’s written approval. Approval will not be given unless the contracting officer considers the proposed substitute to be equal or better in all respects to the originally proposed major subcontractor and that the substitution is in the best interests of the Government.

iii. Self-Performance: The proposal shall contain a Performance Distribution Statement that identifies the type and percent of work to be performed by the offeror and any major subcontractor(s), supporting that the offeror will perform at least 20% of the work. See Attachment 1 for instructions for completing the required Performance Distribution Statement.

iv. Base Access: An offeror should explain how it will comply with relevant base access procedures, such as:

(1) KSA Ministry of Defence (KMOD) requirements for access to KSA military installations.

(2) KSA security requirements to access the Aviation Institute at Al Qassim.

(3) Plan to control access to the work site.

(4) Plan for obtaining base access for personnel, subcontractors, and construction materials and equipment.

5.3 EVALUATION CRITERIA: ADJECTIVAL RATINGS AND DESCRIPTIONS

The Government will evaluate proposals to determine the completeness and feasibility of an offeror’s corporate capability and its understanding of the overall scope of work and anticipated challenges.

5.3.1 The Government will evaluate an offeror’s corporate capability based on the following aspects:

i. Kingdom of Saudi Arabia (KSA) Commercial Registration Certificate (Business License): The Government will ensure the offeror’s commercial registration certificate, or other documentation and explanation as permitted to satisfy this element above, are current, valid, and accurate. “Current” means that the certificate will be in effect through May 31, 2022. If the certificate will expire prior to May 31, 2022, the proposal shall include the offeror’s plan to extend the certificate. “Valid” means in effect. “Accurate” means if the name of the offeror differs in any way from the name on the business license, the offeror shall have explained the discrepancy and provided legal documentation showing that it will be authorized to operate in KSA and to perform the requirements of the solicitation using documents provided to prove its licensure and authorization.

ii. Letters of Intent/Subcontractors: The Government will ensure Letters of Intent are provided for any major subcontractor(s). The Letters of Intent must be written on company letterhead, be addressed to the offeror, contain no caveats or disclaimers, be written in English, or transcribed in English, and be signed by an officer or authorized representative of the subcontractor. Letters of Intent, licenses, and partnership agreements, joint venture agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each entity that the English translation is true and correct.

iii. Self-Performance: The Government will evaluate the percentage of work to be performed by the offeror, as documented on the Performance Distribution Statement to ensure that it is 20% or more.

5.3.2 Greater Weight Considerations:

i. Greater weight may be given to proposals that demonstrate the following:

(1) Self-performance of forty percent (40%) or more of the work, documented on the

Performance Distribution Statement.

(2) Experience with obtaining base access and badges, as well as understanding and complying with security and escort requirements to the Aviation Institute at Al Qassim, either as a prime or subcontractor, within the last 3 years.

(3) Experience with obtaining access to KSA military installations through the KSA Ministry of Defense within the last 3 years.

A single technical rating will be assigned to the corporate capability of an offeror’s proposal. The ratings will include consideration of risks in conjunction with a proposal’s significant strengths, strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies.

5.4 FACTOR 2: CONSTRUCTION EXPERIENCE

Offerors shall provide a separate narrative (not a part of Construction Experience Forms, Attachment 2), not to exceed twenty (20) pages, that outlines how lessons learned and established practices and solutions from their construction experience and/or the construction experience of their management personnel will enable them to successfully perform the requirements of this solicitation.

Although an offeror may highlight any experience it has gained, an offeror’s narrative should pertain to experience within the last seven (7) years that involved overcoming challenges similar to those that can reasonably be expected in performing the Al Qassim Simulator Facility construction.

The offeror must explain how its experience enhances its ability to perform the Al Qassim

Simulator Facility project.

For purposes of this portion of the evaluation, the focus is on the offeror’s experience in dealing with construction challenges, not on those project metrics required to conduct a past performance relevancy evaluation. A project relevancy analysis will be completed under the Past Performance factor. The Construction Experience Narrative should address the offeror’s lessons learned and established practices and solutions for the following:

i. Hiring qualified laborers and maintaining a qualified workforce.

ii. Procurement of long lead items.

iii. Obtaining access to work locations (focus on lessons learned and troubleshooting strategies rather than duplicating material provided in response to Factor 1).

iv. Obtaining permits and approvals, such as fire protection, utilities, etc.

v. Completing projects within an operational military facility.

vi. Completing projects on or around an operational airfield.

5.4.1 Under this factor, the Government will consider the experience of major subcontractors when the offeror has provided letters of intent signed by the subcontractor in its proposal. If this requisite letter of intent is not submitted, the experience of a major subcontractor will not be considered. The offeror may include experience of one coventurer in an offeror that is a joint venture. The experience of subcontractors and coventurers includes lessons learned and established practices and solutions from the construction experience of their management personnel.

5.4.2 Offerors should explain the significance and impacts of the lessons learned and established practices and solutions included in their responses.

5.5 EVALUATION CRITERIA, ADJECTIVAL RATINGS AND DESCRIPTIONS

The Government will evaluate the offeror’s experience dealing with challenges on construction projects to determine how well these experiences have prepared the offeror to successfully perform the requirements of the solicitation. The weight assigned to the experience, consisting of lessons learned and established practices and solutions from the experience of any entity, whether the offeror, a major subcontractor, a coventurer, or the management personnel of any of those, will be dependent upon the extent to which the contractor has convincingly explained how that experience will be applied to avert and address construction challenges on the Al Qassim Simulator Facility project.

5.5.1 Greater Weight Considerations:

i. Greater weight may be given to proposals that demonstrate experience and lessons learned related to:

(1) Constructing projects with similar scope to this project. The scope of Al Qassim Simulator Facility includes, but is not limited to: construction of one Simulator Facility, utility infrastructure (such as the following systems: Fire Protection, Potable Water, Sanitary Sewer, Storm Water Management, Site Grading, and Electrical Cable Routing). The greatest weight will be given to projects including construction of aircraft simulator facilities.

(2) Obtaining…