W912GB-17-R-0044 IDP School, Barda, Azerbijan 1 June Released.pdf.pdf
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Solicitation W912GB-17-R-0044: Construct IDP School, Barda, Azerbijan
In accordance w ith Federal Acquisition Regulation (FAR) 36.204, Disclosure of the Magnitude of Construction Projects, this procurement has a Magnitude of Construction of betw een $500,000 and $1,000,000.
A pre-proposal conference and site visit has been scheduled. Please see section 00 00 00 Site Visit Information for detailed information.
All Requests For Information (RFIs) shall be sent to Mr. Robert Corkrum, Contract Specialist, via e-mail (robert.e.corkrum@usace.army.mil) and shall be accepted no later than 14 June 2017 at 14:00 hrs CEST. Offerors are reminded that all correspondence shall be submitted in English in accordance w ith Defense Federal Acquisiton Regulation Supplement (DFARS) 252.225-7041, Correspondence in English (June 1997).
ROBERT E CORKRUM
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
01-Jun-2017
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______14 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________30 Jun 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
CONTRACTING DIVISION
US ARMY CORPS OF ENGINEERS
KONRAD ADENAUER RING 39
D-65187 WIESBADEN GERMANY
WIESBADEN 65187
W912GB
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912GB-17-R-0044 159
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
W912GB-17-R-0044
Section 00 00 00 - PROCUREMENT AND CONTRACTING REQUIRMENTS
SITE VISIT INFORMATION
Pre-Proposal Site Visit/Briefing
The Pre-Proposal/Site Visit will be held separately.
1. Date: 6 June 2017 Time: 0900 Location: Park Inn Hotel at 1 Azadliq Ave, Baku, Azerbaijan Purpose: Pre-Proposal Site Visit Presentation Note: Visit to project site will be conducted on 7 June 2017, information below
2. Date: 7 June 2017 Time: 1000 Meeting Location: Barda Hotel at Heydər Əliyev Prospekti 72 AZ0900, Azerbaijan (near Unibank in Barda,the building is 4 stories with a parking lot at one end) Purpose: Pre-Proposal Project Site Visit Note: We will meet offerors at the Barda Hotel and then proceed in caravan to the project site.
3. Offerors must pre-register for both scheduled events. Offerors shall provide the following registration information no later than 01 June 2017 for all attendees via E-mail to: Robert Corkrum at robert.e.corkrum@usace.army.mil. The Subject of the Email: “Construct School, Barda, Azerbijan”.
Registration email must include name (First & Last), Passport # + Country company, day-time telephone number, e-mail address and your reason for attending (i.e Prime Contractor, Subcontractor, Media, etc...).
Note: The Prime Offeror is to submit the details above for their firm’s attendees as well as their subcontractors who will attend.
Section 00 01 10 - TABLE OF CONTENTS
The documents listed as follows are provided by and incorporated into this solicitation:
SOW and SOW Attachments:
Statement of Work (SOW) SOW Attachment 1.1 Location Map SOW Attachment 1.2 Site Plan SOW Attachment 2 Functional Layout SOW Attachment 3 Sports Court Detail SOW Attachment 4 Fence Details SOW Attachment 5 Sign
Instructions Attachments:
Attachment 1: Experience Overview Attachment 2: Experience Information Sheet Attachment 3: Past Performance Questionnaire (PPQ) Attachment 4: Key Personnel Resume Attachment 5: Bid Schedule Attachment 6: Tax Information Attachment 7: BLA Template Attachment 8: BLG Template Attachment 9: Letter of Commitment Specifications – (as attachments):
00 73 15 General Conditions for Construction Projects 00 73 15.15 Time extensions for Unusually Severe Weather 01 00 15 Design After Award 01 32 01.00 15 Project Schedule (Alternate) 01 33 00 Submittal Procedure 01 35 26 Safety and Occupational Health Requirements 01 45 01 USACE Quality Control 01 45 01.10 USACE Quality Control System QCS 01 78 00 Completion Procedures 01 78 23 Operation and Maintenance Data 02 41 00 Demolition and Deconstruction 01525 Safety & Occupational Health Requirements EP 310-1-6a Construction Signs
Section 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job New School Building
FFP
Base Line Items: The following base line items include providing all labor, materials, equipment, and services necessary to complete the design and construction of the work identified in the attached Plans, Specifications, Scope of Work (SOW), Solicitation / Request for Proposal, and Base Contract. It also includes preparation of all documents, submittals, and schedules; inspections; and compliance with all technical, quality control, administrative, regulatory, permitting and safety requirements. All work shall be performed in accordance with these documents.
Period of Performance: A single Notice to Proceed will be issued for all awarded work. All work shall be completed within the number of calendar days indicated in each line item from the date of the Notice to Proceed.
Liquidated Damages: Liquidated damages shall be assessed in the amount of $915.00 per calendar day of delay beyond the required completion date of the contract.
FOB: Destination
NET AMT
0002 Job New Utility/Heating Building
FFP
Base Line Items: The following base line items include providing all labor, materials, equipment, and services necessary to complete the design and construction of the work identified in the attached Plans, Specifications, Scope of Work (SOW), Solicitation / Request for Proposal, and Base Contract. It also includes preparation of all documents, submittals, and schedules; inspections; and compliance with all technical, quality control, administrative, regulatory, permitting and safety requirements. All work shall be performed in accordance with these documents.
Period of Performance: A single Notice to Proceed will be issued for all awarded work. All work shall be completed within the number of calendar days indicated in each line item from the date of the Notice to Proceed.
Liquidated Damages: Liquidated damages shall be assessed in the amount of $915.00 per calendar day of delay beyond the required completion date of the contract.
0003 Job OPTION Two Additional Classrooms
FFP
All work associated with design and construction of two additional classrooms (36 m2 ea.) in the school building.
All work on this option line item shall be completed within 365 calendar days from the date of the Notice to Proceed.
0004 Job OPTION Perimeter Fence and Gates
FFP
All work associated with the perimeter fence and gate as described in the SOW.
All work on this option line item shall be completed within 365 calendar days from
0005 Job OPTION Road & Pedestrian Path
FFP
All work associated with design and construction of a road to connect the site entrance(s) to the new school building, water tank, and septic tank; and a pedestrian path to connect the new school building to the heating building and Sports Court as described in the statement of work and specifications.
All work on this option line item shall be completed within 365 calendar days from
0006 Job OPTION Sports Court
FFP
All work associated with design and construction of a sports court as described in the statement of work and specifications.
All work on this option line item shall be completed within 365 calendar days from
0007 Job OPTION Landscaping
FFP
All work associated with the provision of green spaces by lawn seeding and with the protection/replacement of existing/damaged vegetation if any.
All work on this option line item shall be completed within 365 calendar days from
0008 Job OPTION Kitchenette
FFP
All work associated with the provision of the built-in kitchenette as described in the statement of work and specifications.
All work on this option line item shall be completed within 365 calendar days from
0009 Job OPTION Water Storage Tank
FFP
All work associated with the provision of a water storage tank as described in the statement of work and specifications.
All work on this option line item shall be completed within 365 calendar days from
CLAUSES INCORPORATED BY FULL TEXT
52.243-4 CHANGES (JUN 2007)
(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Government-furnished property or services; or
(4) Directing acceleration in the performance of the work.
(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating
(1) the date, circumstances, and source of the order and
(2) that the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.
(e) The Contractor must assert its right to an adjustment under this clause within 30 days after
(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.
(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.
(End of clause)
Section 00 20 00 - INSTRUCTIONS FOR PROCUREMENT
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 Contracting Division
US Army Corps of Engineers Attn: Mr. Jefferey Ball Konrad Adenauer Ring 39 D-65187 Wiesbaden Germany
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
Section 00 21 00 - INSTRUCTIONS
INSTRUCTIONS TO OFFERORS
00 21 00 Instructions to Offerors
Volume I
Factor One (1) – Experience
Submission Requirements:
For Factor One (1) – Experience, Offerors shall submit two (2) attachments, Attachment One (1) and Attachment Two (2), detailing previous work experience (projects) meeting the requirements of this solicitation.
Information for completing Attachment One (1) and Attachment Two (2):
a. Offerors shall complete an Experience Overview Sheet, Attachment One (1), with a total listing not to exceed (NTE) four (4) projects, that best represent the Offeror’s experience performing work as required in this solicitation. If more than four (4) projects are submitted, only the first four (4) projects will be evaluated. Projects must be performed within the last six (6) years from the date of the solicitation or, if currently being performed, must be at least 50% complete.
b. Offerors shall submit Experience Information Sheets, Attachment Two (2), for each project listed on the Experience Overview Sheet, Attachment One (1). Projects should demonstrate experience in performance in the following:
a. Projects similar in magnitude ($200,000 to $1,250,000), projects outside the range will be less relevant.
b. Project which demonstrate design-build experience.
c. Projects that demonstrate experience working in Azerbaijan is considered most relevant.
d. Projects that are completed or more than 50% complete by the time this solicitation is issued.
e. Projects performed within the last six (6) years. Projects older than six (6) years will be evaluated but will be considered less relevant.
f. Projects which demonstrate experience in building schools.
g. Projects which demonstrate experience in electrical and controls work to include transformer installation, buried electrical and control cables, control panels, disconnect switches, grounding protection, etc.
h. Projects which demonstrate experience in minor earthwork, grading, and roadway surface repair
Offerors may submit higher valued projects if there is a distinct scope of work with a measureable monetary value within a larger project that is considered relevant to this procurement. Offerors shall clearly describe the scope and how it relates to the overall contract. Small projects bundled into a larger project in order to meet the cost element are not considered relevant. Projects older than six (6) years will be considered less relevant.
All Experience Information Sheets must be filled out completely. The information provided on the Experience Information Sheets will be used to evaluate the relevancy of each Offeror’s experience. Offerors are responsible for providing project descriptions in sufficient detail to permit evaluation of project relevancy (i.e., if design build experience is claimed the offeror should provide details on how they managed the design process). The project description must include the type of construction used (i.e. CMU block, pre-engineered steel, concrete panel, etc.). Offerors are encouraged to provide additional descriptive, narrative information on projects (not only project lists or titles) in addition to the Experience Information Sheet, but any additional information must pertain specifically to the Offeror’s four (4) projects.
If a Key Subcontractor’s experience is submitted for evaluation purposes, clearly address the experience with those Key Subcontractors. If a Joint Venture, clearly address the experience of each of the Joint Venture Partners and the relationship of the JV partners on any ongoing or previous projects. The proposal may receive a higher rating if the proposal contains evidence of the Joint Venture Partners or the Prime and Key Subcontractor working successfully together on relevant previous projects.
Factor Two (2) - Past Performance
The Offeror must submit a Past Performance Questionnaire (PPQ), Attachment Three (3), for each of the four (4) projects that are submitted for evaluation under Factor One (1), Experience. The completed Attachment Three
(3) shall be included in the Offeror’s proposal under Factor Two (2), Past Performance. Offerors should follow-up with project owner points of contact / clients to ensure timely submittal of questionnaires. If requested by the client, questionnaires may be submitted directly to the Government's point of contact, via e-mail, prior to proposal closing date and time. If the Offeror is unable to obtain a completed questionnaire from a client before the proposal closing date and time, the Offeror should complete and submit with the proposal the first page of Attachment Three (3), Blocks One (1) through Six (6), which will provide contract and client information for the respective project(s). Please ensure correct client telephone number(s) and email address(es) are provided.
Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. The project owner points of contact / clients shall have first-hand knowledge and information on theOfferor’s past performance in connection with the projects submitted in response to this solicitation. The points of contact provided cannot be affiliated with the Offeror in any manner. The points of contact must be independent and must be willing and available to answer questions.
Offerors may provide a completed Department of Defense, DD 2626, Final Construction Performance Evaluation, in lieu of Attachment Three (3). The DD 2626 shall be signed by all designated authorities for consideration for evaluation.
Offerors are encouraged to provide information that may aid in the evaluation of its successful past performance, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition for projects of similar size, scope, and complexity.
In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE / DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company / subsidiary / affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), and any other known sources not provided by the Offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.
Factor 3: Management Plan
The Offeror shall submit a Management Plan for successful execution of this project. The narrative shall clearly demonstrate the Offeror understands the technical scope of this project. The narrative shall describe, in detail, how the project team will accomplish the project and how the prime contractor will manage the various subcontractors, material acquisition and requirements for compliance with the RFP. The areas of emphasis relating to this factor are; Organization Structure and Staffing; Project Execution and Management; Quality Control and Processes; and Project Security Processes (these are NOT individually rated subfactors). At a minimum, the plan must include the following:
1. Organization Structure and Staffing: The Offeror must clearly describe its organization structure and provide an Organization Chart. The description must identify all offices involved in this project from the Offeror’s Headquarters through to the Offeror’s site office, and how they are related. The Offeror must show the lines of authority and communication for the execution of the contract including the communication and authority lines for the Offeror’s Project Manager, Site Superintendent, Quality Control Manager, Design Quality Control Manager, Designer(s) of Record and Safety Manager. All Joint Venture partners and major Subcontractors shall be addressed in this description. The description shall identify whether functions/positions will be filled by prime or by subcontractors.
The proposal shall clearly explain the proposed staffing and how the parties will communicate between each other and with the US Government.
2. Project Execution: The Offeror shall describe its plan for execution of the project. This includes the following elements at a minimum:
a. Project start up and mobilization – identify the activities that will take place immediately after contract award.
b. Initial construction submittals – the Offeror should convincingly demonstrate that it will be able to submit the required Safety and Quality Control Plans in compliance with all the requirements of Specification Sections 01 35 26.00 00, “Safety and Occupational Health Requirements” and Sec 01 45 01.00 00, “USACE Quality Control” including all subparts, respectively.
c. Plan to obtain, retain, coordinate, and manage subcontractors – the Offeror must identify the significant aspects of the work which are to be self-performed and those that will be subcontracted. The Offeror must identify all key subcontractors by name. The Offeror must identify the nature and overall percent of work that will be performed by the Prime Contractor and all key sub-contractors).
d. Plan for initially obtaining access to the site (registration of workers) and controlling access to the site during construction.
e. Plan for how communications will be held with the U.S. Government. All communications shall be in the English language.
f. Plan and commitment to successfully meet contract obligations in the event issues between the Prime contractor and directed subcontractor arise to include disputes over change orders, Request for Equitable Adjustments, Claims during performance. Plan should also include the Prime contractor’s ability to communication, supervise and interact with the directed subcontractor to successfully complete the project.
3. Quality Control and Processes: The Offeror shall describe its Quality Control plan and processes for the project.
The following minimum areas should be addressed in the plan:
a. Construction Quality Control
b. Safety Plan
c. Shop drawing and Request for Information (RFI) process
d. Risk identification and management program
e. Clear assignments of responsibility by key staff members
f. Identify the start-up activities after Notice to Proceed is issued
There is a limit of thirty (30) single spaced typed pages (A4 or letter size), using at a minimum a 12 pitch font, front and back equal two pages. If more than 30 pages are submitted, only the first 30 pages will be reviewed and evaluated. Offerors are encouraged to become familiar with personnel requirements located in specification Sections 01 45 01 USACE Quality Control; 01 35 26 Health and Occupational Safety Requirements; and 00 73 15 General Requirements
4. If a Key Subcontractor’s experience is submitted for evaluation purposes, explain in the Management Approach submittal section the percentage of work the subcontractor will perform under this solicitation, how work will be managed between the prime and Key Subcontractor, and address any prior experience with the Key Subcontractors.
NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will not be evaluated by the Government.
b) Volume II:
Factor Four (4) – Price
1. Offerors shall submit a completed Price Schedule, located in Section 00 10 00 of the Solicitation containing prices for each contract line item number (CLIN), to include option CLINs, if any.
2. Completed Blocks 14 through 20 of the Offer, Standard Form (SF) 1442, duly executed with an original signature by an authorized official to bind the company. If submitting as a joint venture, an authorized official from each of the firms comprising the joint venture shall sign the SF 1442.
3. Section 00 45 00 of the Solicitation, Representations and Certifications, fully completed.
4. The name, addresses, telephone number(s), facsimile number(s), and e-mail address (es) of the point(s) of contact with the authority to legally bind the Offeror.
5. The name, address, DUNS, CAGE, and Tax Identification Number (TIN) of the Offeror submitting the proposal.
6. A completed Bank Letter of Assurance (BLA) shall be submitted with the proposal.
Note: Offerors must be registered in System for Award Management (SAM) system prior to receiving an award.
If submitting as a joint venture, the joint venture entity must be registered in SAM prior to receiving an award (See Section 00 45 00 of the Solicitation).
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.
52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.
dollars shall be rejected.
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 or written” means any worded or numbered expression which 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, or revision, 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.
52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT
EFFORT (OCT 2009)
(a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Limitations on Pass-Through Charges'' (FAR 52.215-23).
(b) General. The offeror's proposal shall exclude excessive pass-through charges.
(c) Performance of work by the Contractor or a subcontractor. (1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.
(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal--
(i) The amount of the offeror's indirect costs and profit/fee applicable to the work to be performed by the subcontractor(s); and
(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).
(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal--
(i) The amount of the subcontractor's indirect costs and profit/fee applicable to the work to be performed by the lower-tier subcontractor(s); and
(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
(a) Definitions. As used in this clause--
Added value means that the Contractor performs subcontract management functions that the Contracting Officer determines are a benefit to the Government (e.g., processing orders of parts or services, maintaining inventory, reducing delivery lead times, managing multiple sources for contract requirements, coordinating deliveries, performing quality assurance functions).
Excessive pass-through charge, with respect to a Contractor or subcontractor that adds no or negligible value to a contract or subcontract, means a charge to the Government by the Contractor or subcontractor that is for indirect costs or profit/fee on work performed by a subcontractor (other than charges for the costs of managing subcontracts and any applicable indirect costs and associated profit/fee based on such costs).
No or negligible value means the Contractor or subcontractor cannot demonstrate to the Contracting Officer that its effort added value to the contract or subcontract in accomplishing the work performed under the contract (including task or delivery orders).
Subcontract means any contract, as defined in FAR 2.101, entered into by a subcontractor to furnish supplies or services for performance of the contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor, as defined in FAR 44.101, means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
(b) General. The Government will not pay excessive pass-through charges. The Contracting Officer shall determine if excessive pass-through charges exist.
(c) Reporting. Required reporting of performance of work by the Contractor or a subcontractor. The Contractor shall notify the Contracting Officer in writing if--
(1) The Contractor changes the amount of subcontract effort after award such that it exceeds 70 percent of the total cost of work to be performed under the contract, task order, or delivery order. The notification shall identify the revised cost of the subcontract effort and shall include verification that the Contractor will provide added value; or
(2) Any subcontractor changes the amount of lower-tier subcontractor effort after award such that it exceeds 70 percent of the total cost of the work to be performed under its subcontract. The notification shall identify the revised cost of the subcontract effort and shall include verification that the subcontractor will provide added value as related to the work to be performed by the lower-tier subcontractor(s).
(d) Recovery of excessive pass-through charges. If the Contracting Officer determines that excessive pass-through charges exist;
(1) For other than fixed-price contracts, the excessive pass-through charges are unallowable in accordance with the provisions in FAR subpart 31.2; and
(2) For applicable DoD fixed-price contracts, as identified in 15.408(n)(2)(i)(B), the Government shall be entitled to a price reduction for the amount of excessive pass-through charges included in the contract price.
(e) Access to records. (1) The Contracting Officer, or authorized representative, shall have the right to examine and audit all the Contractor's records (as defined at FAR 52.215-2(a)) necessary to determine whether the Contractor proposed, billed, or claimed excessive pass-through charges.
(2) For those subcontracts to which paragraph (f) of this clause applies, the Contracting Officer, or authorized representative, shall have the right to examine and audit all the subcontractor's records (as defined at FAR 52.215- 2(a)) necessary to determine whether the subcontractor proposed, billed, or claimed excessive pass-through charges.
(f) Flowdown. The Contractor shall insert the substance of this clause, including this paragraph (f), in all cost-reimbursement subcontracts under this contract that exceed the simplified acquisition threshold, except if the contract is with DoD, then insert in all cost-reimbursement subcontracts and fixed-price subcontracts, except those identified in 15.408(n)(2)(i)(B)(2), that exceed the threshold for obtaining cost or pricing data in accordance with
FAR 15.403-4.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
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-- Pre-Prosposal Conference 6 June 2017 at 09:00hrs local time Site Visit 7 June 2017 at 10:00hrs local time
(c) Participants will meet at--
Please refer to section 00 00 00 for more information
Section 00 22 00 - SUPPLEMENTARY INSTRUCTIONS
SUBMITTAL REQUIREMENTS
00 22 00 Evaluation Factors for Award
In accordance with Federal Acquisition Regulation (FAR) 15.304, the following factors will be considered in evaluating the proposals: Evaluation Factors
1. Factor One (1) - Experience
2. Factor Two (2) - Past Performance
3. Factor Three (3) – Management Plan
4. Factor Four (4) - Price
Basis for Award: Subject to the provisions contained herein, award will be made to one (1) Offeror who is deemed responsible in accordance with the FAR, conforms to the solicitation requirements and whose proposal is determined to be technically acceptable and offers the Best-Value to the Government, with respect to experience, past performance, management plan and price. This source selection approach, called Best-Value Tradeoff, includes an evaluation of all factors: experience, past performance, management plan, and price. The Government reserves the right to award to other than the lowest proposed price Offeror; however, the degree of importance of price as a factor will become greater as the non-price factors of proposals approach equality. The greater the equality of non- price factors of proposals, the more important price shall become in selecting the best-value to the Government. Unreasonably high proposed prices may be grounds for eliminating a proposal from the competitive range based upon an assessment that the Offeror does not understand the requirement or the Offeror has made an unreasonable proposal.
Relative Importance of Factors: The proposals will be evaluated based on the four (4) evaluation factors: Factor One (1) Experience, Factor Two (2) Past Performance; Factor Three (3) Management Plan and Factor Four (4) Price. Factor Two (2), Past Performance, shall be evaluated on an Acceptable / Unacceptable basis. If Factor 2 is determined Unacceptable, the offeror is ineligible for award. All non-cost factors are of equal importance and when combined are significantly more important than price.
Discussions: It is the Government’s intent to award without discussions. However, in accordance with FAR 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and Offerors notified in accordance with FAR 15.503.
Competitive Range: The competitive range may be limited for purposes of efficiency in accordance with FAR 15.306(c)(2).
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