Amendment_1_RFQ_VA_Tuck_Pointing_Project_.pdf

Tuck Pointing Project U.S. Department of Veterans Affairs (VA)

VA Health Care System Building 70 - Minneapolis, MN

Design/Build - Request for Qualifications (Phase 1)

April 2019

U.S. ARMY CORPS OF ENGINEERS

St. Paul District

W912ES19R0020

Introduction:

The U.S. Army Corps of Engineers (USACE), St. Paul District is soliciting a Request for Qualifications (RFQ) for the VA’s Tuck Pointing Project as Phase 1 of a two-phase design/build selection procedure. This two-phase procedure consists of a Phase 1 RFQ and a subsequent Phase 2 Request for Proposals (RFP). The RFQ is being issued to identify, using the criteria and methodology described herein, a shortlist of highly qualified and capable design/build firms that will be invited to submit technical/price proposals for Phase 2 (RFP).

The design/build firm selected will analyze, design, and construct masonry upgrades to an approximate gross area of 36,480 square feet (including windows) to prevent storm water infiltration into Building 70’s patient wards.

Contractor shall provide all labor, materials, tools, equipment, surveys, and design services necessary for the design of the project and submittal of complete construction documents as defined in the scope of work (full scope of work provided in the RFP). Work shall include but not be limited to: tuck pointing, caulking, expansion joint replacement, masonry removal and replacement, flashing and drip edge installation, moisture resistant sheathing installation, and vapor barrier installation. The Contractor shall inspect all mortar joints and brickwork within the building faces (specifically identified in the RFP) and determine the joints and bricks requiring repair or replacement. The design of all architectural and engineering features of work shall be accomplished by experienced architects and engineers licensed in the State of Minnesota. The construction specifications and drawings shall bear the seal and signature of all registered professionals responsible for the various designs required for the project.

This project is to be performed on an existing medical facility which has ongoing patient care being performed.

This will require the design and construction to coordinate with the existing utilities, facility systems, facility functions, and patient care. The Contractor shall work with the VA to ensure that phasing and upgrading the facility will not interfere with normal hours of patient care throughout the facility.

Instructions to Offerors:

The project is located at Building 70, 1 Veterans Drive, Minneapolis, Minnesota 55417.

The Government will not conduct a pre-qualification conference or pre-qualification site visit for this project. The Government anticipates a non-mandatory site visit at the above address during Phase 2 (RFP) for the shortlisted, highly qualified firms.

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc. shall submit their questions using the ProjNet system (sometimes referred to as Dr.

Checks) at https://www.projnet.org.

To submit a new inquiry or to view inquiries submitted by other prospective offerors, users must be registered and signed into the ProjNet system. Offerors may register online at https://www.projnet.org (click on “Register”). The following information will be needed to submit or view inquiries:

Managing Agency: USACE

The Solicitation Number is: W912ES19R0020

The Bidder Inquiry “Key” Number is: 6WZ3GQ-RW64NQ

Offerors shall submit inquiries not later than 7 business days prior to solicitation closing date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary. All answers to inquiries will be posted in ProjNet after they have been reviewed by the USACE technical team.

Offerors are advised to review the solicitation in its entirety and to review all previously submitted questions and responses prior to submitting a new inquiry.

Other types of questions shall be emailed to: justin.h.rose@usace.army.mil.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of materials or any other costs incurred by any firm submitting materials in response to this solicitation. A stipend will not be paid to any firm during any phase of this solicitation.

A contract Cost Ceiling Limitation (CCL) for design and construction costs will not be used for the RFQ.

The Offeror shall submit in a single package all requested information specified in this solicitation.

There will be no public opening of the qualifications received as a result of this solicitation. The Offerors

WILL NOT be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFQ does not constitute an award commitment on the part of the Government.

The Small Business Size Standard for this procurement is $15 million in average gross annual receipts for the preceding three (3) fiscal years.

Per the North American Industry Classification System (NAICS), the work in this solicitation is assigned classification code 238140.

The magnitude of this project is between $1,000,000 and $5,000,000.

Method of Procurement:

The Government intends to conduct this acquisition in accordance with the provisions set forth in the RFQ.

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

This procurement is 100% Service Disabled Veteran Owned Small Business (SDVOSB) set-aside as verified by the Center for Verification and Evaluation (CVE) and will result in a firm fixed-price contract.

Qualifications will be received until 2:00 pm (central time) on May 8, 2019 at:

U.S. Army Corps of Engineers – St. Paul District Attn: Justin H. Rose 180 5th Street East, Suite 700 St. Paul, MN 55101-1678

The Packaging that contains the Qualifications shall be marked:

“Qualifications for Solicitation Number: W912ES19R0020, DO NOT OPEN”

Based on the evaluation procedures and methodology described herein, at the completion of the evaluation process a shortlist of the most highly qualified and capable design/build firms will be invited to submit technical/price proposals for the project during Phase 2 (RFP). The Government anticipates three (3) to five (5) firms will be shortlisted (based on the RFQ responses). The Government reserves the right to shortlist more (but not more than five) or fewer firms depending on the responses to the RFQ received.

Those selected to compete for Phase 2 will have approximately 30 calendar days to prepare and submit their Phase 2 proposals. The Phase 2 proposals will be evaluated on a best value tradeoff basis by the Government to select the design/build contractor for the project.

All Offerors will receive written notice of whether they were or were not selected to compete in Phase 2. The fact that a particular Offeror is not selected to participate in Phase 2 is not necessarily an indication that the Offeror, its proposed team, or its Phase 1 qualification were in any way deficient or unacceptable but only that more highly rated qualifications packages were present in this competition. Offerors not participating in Phase 2 are encouraged to submit bids or proposals in response to other St. Paul District procurements.

If the Phase 1 Offeror is invited to submit a Phase 2 proposal, the qualifications submitted in Phase 1 will be verified in Phase 2. If any of the key personnel identified in the Phase 1 qualifications are no longer available, the Offeror may propose different, similarly-qualified key personnel as part of its Phase 2 submittal, but will need to submit these qualifications in their phase 2 submittal. The Government may reject the Phase 2 proposal containing substitute personnel, if the substitute individual’s qualifications would have caused the Offeror’s Phase 1 qualifications to be declined in Phase 1. No substitution of key personnel shall be allowed after the award of the Contract unless approved in writing by the Contracting Officer. In the event that the Contractor cannot provide the listed key personnel or personnel of comparable qualifications, the Contracting Officer may reduce the contract price or take such other actions as are necessary to protect the interests of the Government, including cancelling the contract.

The Government may conduct one or more of the following exchanges as appropriate:

Clarifications: Limited exchanges between the Government and the Offerors that may occur when selection without discussions is contemplated. No Phase 1 qualification revisions are allowed.

Communications: Exchanges between the Government and the Offerors that may occur to obtain sufficient information to understand and evaluate the Phase 1 qualifications and determine whether to include a Phase 1 qualification in the competitive range. No Phase 1 qualification revisions are allowed.

Discussions: Exchanges between the Government and the Offerors that are undertaken with the intent of allowing the Offeror to revise its Phase 1 qualifications.

The Government intends to award without discussions, but reserves the right to conduct discussions at any time during the Phase 1 (RFQ) and/or Phase 2 (RFP) evaluations as needed.

Evaluation Procedures:

The purpose of the evaluation process is to provide critical input to the source selection determination by providing a rational basis for selection of the successful Phase 1 (RFQ) offerors who will be invited to submit proposals in Phase 2 (RFP).

During evaluation of Phase 1 qualifications, ratings will be assigned for the factors. Ratings will be adjectival, rather than numerical, as described in the ratings scheme.

During the evaluation, evaluators will cite the strengths and weaknesses of each Phase 1 qualification associated with each factor. At the completion of the evaluation process, each factor of each Phase 1 qualification will be assigned a rating. The ratings for each factor will be determined by discussion and consensus of the Government’s evaluators.

A rating of “Not Relevant,” “No Confidence,” or “Not Experienced” for any factor will result in the Offeror being ineligible for selection in the Phase 1 (RFQ) stage, unless the Government decides to hold discussions, includes the

Offeror in the competitive range, and all of the Offeror’s ratings are improved to at least “Somewhat Relevant,” “Limited Confidence,” or “Experienced” for the Offeror’s revised Phase 1 qualifications package.

Evaluation Methodology:

The following provides requirements that are common to both Phase 1 qualification packages and Phase 2 proposals.

QUALITY. To provide effective and equitable evaluations, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Submittal clarity, organization, and cross-referencing represent the Offeror’s ability to deliver contract materials that match these qualities.

COVER SHEET. A cover sheet identifying the Offeror (name, address, point of contact), project description, and solicitation number shall be provided. This sheet is not to be numbered and does not count against the sheet/page count limits. Only the information specified above is to be provided on this page, additional information, charts, data, figures, etc. will not be considered during the evaluation.

TABLE OF CONTENTS (TOC). The submittal’s second sheet shall be a detailed TOC. The details shall be TAB and section titles and locations only. If more than one binder is used, the complete table of contents shall be included in each. The table of contents sheet is not to be numbered and does not count toward the page limitations.

TABS. Written materials shall be submitted in standard three ring loose-leaf binders. Submittals shall be tabbed and labeled as specified in a manner to afford easy identification from a Table of Contents. Provide all information in tabbed sections.

FONT SIZE. Shall be normal spaced not less than 10 point in size.

SHEET. A sheet refers to a physical piece of paper for printed hard copies. Unless instructed otherwise

(example, cover sheet), all sheets shall be dated and numbered.

PAGE. Page refers to a unit of content that may be printed on one side of a sheet of paper for hard copy.

PAGE LIMITS. Submittals shall not exceed the page limits as described. Exceeding page limitations will result in truncation of the offending section.

SHEET-PAGE EXAMPLE. An 8 ½ inch x 11 inch sheet of paper contains one (1) page of content if printed only on one side, or two (2) pages of content if printed front and back. So if a section’s limitation states 6 pages without any further guidance, the section may consist of 6 sheets of paper with printing on one side or 3 sheets of paper, double sided prints.

SHEET SIZE. A sheet shall be 8-1/2 inches x 11 inches. However, drawings, charts, or other graphics may be submitted on sheets no larger than 11 inches x 17 inches and folded to 8-1/2 inches x 11 inches. 11 x 17 inch sheet will be counted as two pages and can only be printed on one side.

NUMBER OF COPIES. Offerors shall submit an original and three (3) hard copies of their submittals and two (2) CD/DVD electronic copies in .pdf format.

ELECTRONIC SUBMISSIONS. If in the future a project under this contract requires, or the contract program changes to, electronic submissions only: a printed electronic submission must meet the requirements defined by sheet-page, sheet size, sheet numbers, and be legible to be accepted. Documents that require ‘view zooming’ for legibility will not be accepted. If a dispute arises, the original printed copy on the required page size will be the determinate of legibility.

PHASE 1

The Department of Veterans Affairs (VA) relies on the support of the USACE to execute its health facility improvement program. The Corps of Engineers St. Paul District is part of the USACE team that executes the program.

The Scope of Work for the resultant contract will primarily be associated with the design and construction of masonry upgrades to prevent storm water infiltration into Building 70.

Work will be performed on the exterior of an active healthcare facility and may require multi-phase transitions of patients, clinics and other operations. Patient care and patient/staff safety in occupied space is paramount in design and construction. Compliance with the all related governmental and non-governmental design and construction requirements is to be expected.

Qualifications shall not include any cost or price information. Technical designs, prices/costs, or detailed technical illustrations are not required or requested and will not be evaluated.

Phase I - Technical Qualifications

VOLUME 1, TAB A - FACTOR 1: Recent/Relevant Experience

VOLUME 1, TAB B - FACTOR 2: Past Performance

VOLUME 1, TAB C - FACTOR 3: Key Personnel

VOLUME 1, TAB D - FACTOR 4: Technical Approach

Format and Contents of Volume I and List of Tabs. Volume I shall be appropriately labeled as such and shall be organized as indicated in the following chart.

PHASE I TECHNICAL QUALIFICATIONS

VOLUME I

TAB CONTENTS OF THE PHASE I - TECHNICAL QUALIFICATIONS

A FACTOR 1 - Recent/Relevant Experience B FACTOR 2 - Past Performance C FACTOR 3 - Key Personnel D FACTOR 4 - Technical Approach

PHASE 1 - Factor 1: RECENT/RELEVANT EXPERIENCE (VOL 1, TAB A)

Submission Requirements: Total max of 24 pages, for all information provided in this factor. This maximum includes photos, drawings, schematics, and narrative. 11x17, fold-in drawings are allowed.

Information can include narratives, drawings, photos, etc.

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Provide a narrative listing four (4) design and four (4) construction projects completed within the last five (5) years of the solicitation closing date, all with masonry renovation work valued at more than $500,000. If one project involves both design and construction of masonry renovation work valued at more than $500,000 it can be used as both a design project and a construction project, but the narrative must clearly state that the project is being used for both requirements and describe both the design and construction work. The qualifications shall address the information below.

Evaluation Process: The qualifications will be evaluated for the overall team’s specialized experience. The Offeror shall demonstrate:

(a) Design and construction experience for completed individual projects with masonry renovation work exceeding $500,000 completed within the last five (5) years of solicitation closing date.

(b) The Salient Characteristics for each project:

• Type and location of facility.

• Owner/stakeholder contact information (name, phone, and e-mail address).

• Contract award amount and final contract price.

• Date contract awarded, start and end dates of masonry renovation project.

• A listing of the team members who worked on the project to include a description of their overall role, responsibility for each project, and their role on this tuck pointing project for Building 70.

• Scope of project work, including

• Site evaluation.

• Description and extent of masonry renovations.

• Phasing requirements for masonry renovation.

• Specific issues addressed by the project and the constructed solution to those issues.

• Required coordination and integration with installation utilities and architectural standards.

(c) Work with multiple stakeholders (for example: civilian and military users, owner representatives, owners, architectural review boards, etc.).

Recent/Relevancy Rating Definitions: In evaluating the Recent/Relevant Experience factor, evaluators will apply the following relevance levels to assess the relevance of the prior contract effort(s) of Offerors.

Very Relevant The provided projects involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant The provided projects involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant The provided projects involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant The provided projects involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

PHASE 1 - Factor 2: PAST PERFORMANCE (VOL 1, TAB B)

Submission Requirements: Total max of 40 pages, for all information provided in this factor.

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(a) Provide a narrative listing four (4) design projects and four (4) construction projects, all with masonry renovation work valuing more than $500,000. If one project involves both design and construction of masonry renovation work valued at more than $500,000 it can be used as both a design project and a construction project, but the narrative must clearly state that the project is being used for both requirements and describe both the design and construction work. Each project provided shall provide the following required information: contract number, type, and dollar value; place of performance; date of award; percentage of contract completion; extent of subcontracting; names, phone numbers, and e-mail addresses of at least two points of contact.

(b) When an Offeror’s firm is divided into severable segments (e.g., division, group, unit) the Government will evaluate only the past performance of those segments of the firm that will actually perform the work.

(c) Offerors may provide details on past performance problems and corrective actions taken as a part of the qualifications.

(d) Past Performance References: For the projects submitted for Factor 2, Paragraph (a) above, the Government will query the Contractor Performance Assessment Reporting System (CPARS) to validate past performance ratings. For each project that does not have a final CPARS evaluation, Offerors shall provide a questionnaire to the point of contact, clearly identifying the project to be evaluated. A NAVFAC/USACE Past Performance Questionnaire (Form PPQ-0) is included in the end of this RFQ.

When completed, these forms shall be mailed or e-mailed to the St. Paul District Contract Specialist identified in the RFQ. It is the Offeror’s responsibility to ensure that the reference documentation is provided as the Government will not make additional requests for past performance information from the references.

(e) Other Sources: The Government may contact sources other than those provided by the Offeror for information with respect to past performance on projects completed, or at least 50% complete. These other sources may include, but are not limited to, CPARS, telephone interviews with organizations familiar with the Offeror’s performance, and Government personnel with personal knowledge of the Offeror’s performance capability.

Evaluation Process: In evaluating the Past Performance factor, evaluators will apply the following performance confidence levels to assess the relevance of the Offeror’s prior contract efforts.

Rating Performance Confidence Assessments

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

Limited Confidence Based on the Offeror’s recent 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 performance record, the Government has no expectation that the Offeror will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

A Neutral rating is not considered favorable or unfavorable.

PHASE 1 - Factor 3: KEY PERSONNEL (VOL 1, TAB C)

Offeror’s Submission Requirements: Total max of 8 pages for all information provided in this factor.

This maximum includes photos, drawings, schematics, and narrative. 11x17, fold-in sheets are not allowed.

SUBMISSION REQUIREMENT: Provide a narrative listing the personnel, subcontractors and team arrangements required for this masonry project and why they are qualified.

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Provide a resume (no more than a one page each, no SF330s) for a minimum of the following key personnel listed:

1. Site Manager/Foreman – Minimum 5-years of masonry experience.

2. Quality Control Manager – Minimum 5-years of masonry experience.

3. Safety Manager – Minimum 5-years of construction experience.

4. Lead Architect / Engineer – Minimum 5-years of masonry experience.

Resumes must include the following information:

a) Name and title of key personnel/sub-contractor key personnel (include firm’s name)

b) Number of years with this firm/with other firms (including specific title and role)

c) Experience as noted above.

d) Active registration for Lead Architect / Engineer: number/state/year registered

e) List three (3) completed projects involving masonry renovation. Include project title, point of contact, dates, location and specific role and responsibilities.

EVALUATION PROCESS: The qualifications will be evaluated to determine the extent to which personnel meet or exceed the minimum requirements outlined.

Key Personnel Rating Definitions: In evaluating the Key Personnel factor, evaluators will apply the following experience levels to assess the relevance of the Key Personnel of Offerors.

Very Experienced

The Key Personnel involved have exceptional experience exceeding the minimum required for the scope and magnitude of effort and complexities this solicitation requires. The Key Personnel represent a very low degree of performance risk for the Government.

Experienced The Key Personnel involved have essentially the minimum experience required for the scope and magnitude of effort and complexities this solicitation requires. The Key Personnel represent a low degree of performance risk for the Government.

Not Experienced The Key Personnel involved have insufficient experience for the scope and magnitude of effort and complexities this solicitation requires. The Key Personnel represent a high degree of performance risk for the Government.

PHASE 1 - Factor 4: TECHNICAL APPROACH (VOL 1, TAB D)

Offeror’s Submission Requirements: Total max of 3 pages for all information provided in this factor.

This maximum includes photos, drawings, schematics, and narrative. 11x17, fold-in sheets are not allowed.

SUBMISSION REQUIREMENT: Provide a narrative listing the Offeror’s proposed technical approach. This information should establish the Offeror’s understanding of the project challenges and illustrate the Offeror’s overall approach to address these challenges. In Phase 2 (RFP), the Offeror will be asked to provide detailed design and technical information. It is not the intent for the Offeror to submit detailed design and technical information in response to this

RFQ.

EVALUATION PROCESS: In evaluating the Technical Approach factor, evaluators will apply the following confidence levels to assess the Offeror’s proposed technical approach.

Rating Performance Confidence Assessments

Substantial Confidence

Based on the Offeror’s technical approach, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s technical approach, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence

Based on the Offeror’s technical approach, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s technical approach, the Government has no expectation that the

Offeror will successfully perform the required effort.

Definitions:

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

2. Strength. Any aspect of a qualifications package when judged against a stated evaluation criterion, enhances the merit of the qualifications package or increases the probability of successful performance of the contract.

3. Significant Strength. A significant strength appreciably enhances the merit of a qualifications package or appreciably increases the probability of successful contract performance.

4. Weakness. A flaw in the qualifications package that increases the risk of unsuccessful contract performance.

5. Significant Weakness. A flaw in a qualifications package that appreciably increases the risk of unsuccessful contract performance.

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

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EXCEPTIONS

Exceptions to the contractual terms and conditions of the solicitation (e.g., standard company terms and conditions) may result in a determination to reject a qualifications package.

INCOMPLETE INFORMATION

Failure to submit all the data in the format indicated in this solicitation may be cause for determining a qualifications package incomplete and, therefore, not considered for evaluation, and for subsequent award.

Phase-Two Evaluation Factors:

Factor 1 – Price Schedule

Factor 2 – Work Plan

Factor 3 – Technical Design Concept

Factor 4 – Project Schedule

Provisions/Clauses Incorporated by Full Text:

52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991).

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (Jan 2017)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages:

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with— the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.233‐2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Kevin Henricks Contracting Officer U.S. Army Corps of Engineers 180 Fifth Street East, Suite 700 St. Paul, MN 55101

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

52.219-27 (DEVIATION 2019-O0003) Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(DEC 2018)

(a) Definitions. As used in this clause—

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns; and

(3) Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than acquisition from a non-manufacturer of the supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) Joint venture. A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

(g) Non-manufacturer.

(1) Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a service-disabled veteran-owned small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (g)(1) of this clause does not apply to construction or service contracts.

(End of clause)

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information

Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain)

Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information

Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE

AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE

COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE

THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE

HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR.

HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT

THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT

TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner.