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Solicitation W912GB-17-R-0047: Construct Laboratory Training Classroom, Mitrovo Polje, Serbia
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 $1,000,000 and $5,000,000.
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, and Ms. Kristina Morrow , Contracting Officer via e-mail (robert.e.corkrum@usace.army.mil and kristina.morrow @usace.army.mil) and shall be accepted no later than 6 July 2017 at 14:00 hrs CEST. Offerors are reminded that all correspondence shall be submitted in English in accordance w ith Defense Federal Acquisition 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
16-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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________18 Jul 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-0047 160
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-0047
Section 00 00 00 - PROCUREMENT AND CONTRACTING REQUIRMENTS
SITE VISIT INFORMATION
Pre-Proposal Site Visit/Briefing
The Pre-Proposal/Site Visit will be held:
1. Date: 27 June 2017 Time: 1000 Location: SOLARIS RESORT 10 Cerska ST., Vrnjacka Banja, SERBIA
Purpose: Pre-Proposal Conference brifing will be held first followed by the Site Visit
3. Those who wish to attend the pre-solicitation conference should send a notification via e-mail to Mr. Robert Corkrum, E-mail: Robert.e.corkrum@usace.army.mil and Tarek Eljizi, E-mail: tarek.l.eljizi@USACE.army.mil no later than 22 June 2017. 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...). Final detailed information will be provided with the solicitation.
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 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job Construct New Classroom Facility
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 $370.00 per calendar day of delay beyond the required completion date of the contract.
FOB: Destination
NET AMT
0002 Job First Floor Renovation of Barracks
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 $370.00 per calendar day of delay beyond the required completion date of the contract.
0003 Job OPTION Pavements
FFP
All work associated with the pavements as described in the SOW.
Option item must be exercised within 90 calendar days from Notice to Proceed
(NTP).
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 Second Floor Renovation of Barracks
FFP
All work associated with the second floor renovation of barracks as described in the SOW.
Option item must be exercised within 90 calendar days from Notice to Proceed
(NTP).
All work on this option line item shall be completed within 365 calendar days from
0005 Job OPTION Landscaping
FFP
All work associated with the landscaping as described in the SOW.
Option item must be exercised within 90 calendar days from Notice to Proceed
(NTP).
All work on this option line item shall be completed within 365 calendar days from
Section 00 21 00 - INSTRUCTIONS
INSTRUCTIONS TO OFFERORS
00 21 00 Instructions to Offerors
PROPOSAL SUBMISSION (00 21 00)
1. INTRODUCTION: The Offeror’s proposal shall be submitted via email to:
Proposal Receipt Confirmation Points of Contact:
E-mail: robert.e.corkrum@usace.army.mil Telephone: +49(0)611-9744-2235
E-mail: kristina.morrow@usace.army.mil Telephone: +49(0)611-9744-2630
2. PROPOSAL SUBMISSION REQUIREMENTS
The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements:
a. The proposal shall be typed and submitted in English and easy to read.
b. The proposal shall be organized, concise, and shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.
c. The proposal shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover If the Offeror is registered in the System for Award Management (SAM), the Offeror should identify the SAM Registration’s CAGE Code and/or DUNS Number.
d. The proposal shall contain a table of contents and include at the bottom left side of each page the volume and page number.
e. Offerors shall verify that the information for all forms submitted is current, correct, and complete including name(s) of the point(s) of contact (POCs), email address(es), and telephone number(s), for the three technical factors.
f. Offerors shall submit a signed Offer, Standard Form (SF) 1442 for this solicitation, including verification of all amendments received.
g. Proposals shall completely and adequately address the requirements of this solicitation.
Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.
h. Contractors are cautioned against submitting conditional proposals.
i. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if instructions are not understood.
j. Volume I: Offerors shall verify that the information for all forms submitted is current, correct, and complete including name(s) of the point(s) of contact (POCs), email address(es), and telephone number(s).
k. Volume II: The Pricing Schedule shall be completed in full, including all option periods.
l. Volume II: Offerors shall submit a signed Offer, Standard Form (SF) 1442 for this solicitation, including verification of all amendments received.
Proposal Expenses and Pre-Contract Costs: The request for proposal (RFP) solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.
3. JOINT VENTURE PROPOSAL
If submitting a proposal as a Joint Venture, the experience, past performance, and management plan of each of the Joint Venture Partners can be submitted for the Joint Venture Entity. The experience for each Joint Venture Partner should be clearly described.
The proposal may receive a higher rating if the proposal contains evidence of the Joint Venture Entity working successfully together previously on relevant projects.
An Offeror that is part of a Joint Venture must submit a legally binding Joint Venture Agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English.
If submitting a proposal as a joint venture, the experience and past performance of each of the joint venture partners can be submitted for the joint venture entity. The experience for each joint venture partner will be considered the experience of the joint venture entity. Joint ventures shall submit the following additional documentation regarding their business entities:
a. A copy of their joint venture agreement in English.
b. A detailed statement outlining the following in terms of percentages, where appropriate.
1) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing. The joint venture agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.
2) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.
3) The structure of the joint venture and decision-ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.
4) The bonding responsibilities of the joint venture parties.
5) Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.
6) Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.
7) Identification of party furnishing the facilities, such as office supplies and telephone service.
8) Identification of party having overall control of the joint venture. Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture. Include this information as a part of Phase I.
9) A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included. The JV agreement submitted to the Government shall be the only valid JV agreement for purposes of performance under this contract or any responsibilities of the JV under the contract. Any changes to the JV agreement must be submitted to the Contracting Officer and is subject to approval by the Government prior to execution of the change.
4. KEY SUBCONTRACTORS
If an Offeror wishes to be credited with the experience of a Key Subcontractor, a letter of commitment signed by the Key Subcontractor AND the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to the prime contractor (for example, the Key Subcontractor is a subsidiary of the prime contractor, or a subsidiary of a firm to which the prime contractor is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered. Include this information as part of Volume I (See Appendix I, Sample Letter of Commitment).
5. PROPOSAL FORMAT
Proposals shall be submitted in the following format:
Volume I:
1. Factor One (1) – Experience, Factor Two (2) – Past Performance; Factor Three
(3) – Management Approach; This shall include the following (If applicable):
Letter(s) of Commitment, Joint Venture Agreement
Volume II:
1. Price/Administrative Proposal, Factor Four (4) – Price Submit BLA with Price
Schedule.
Submission Requirements
Volume I
Factor One (1) – Experience
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) three (3) projects, that best represent the Offeror’s experience performing work as required in this solicitation. If more than three (3) projects are submitted, only the first three (3) 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 the following:
Renovations of buildings Replacement to include major building systems (electrical, mechanical, structural, etc) repaired or replaced Hazardous material abatement and disposal work Design-Build experience Projects that demonstrate experience working in Serbia will be considered the most relevant. Project experience submitted in Albania, Kosovo, Macedonia, Bosnia, or Croatia will be considered relevant; however it will be slightly less relevant than work in Serbia. Project experience submitted across Europe will also be accepted; however, this experience shall be considered significantly less relevant than work in the countries specifically listed above.
Projects which demonstrate minor earthwork and grading
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 related 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. 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 three (3) projects.
c. An English speaking point of contact must be provided for each project submitted. Please include the name, email and phone number(s) for each point of contact. The Government may contact point(s) of contact to verify project information on the Experience Information Sheets.
d. 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.
e. If an Offeror wishes to be credited with the experience of a Key Subcontractor, a letter of commitment signed by the Key Subcontractor AND the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to the prime contractor (for example, the Key Subcontractor is a subsidiary of the prime contractor, or a subsidiary of a firm to which the prime contractor is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered. Include this information as part of Volume I.
Factor Two (2) - Past Performance
Submission Requirements:
The Offeror must submit a Past Performance Questionnaire (PPQ), Attachment Three (3), for each of the three (3) 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 the Offeror’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. The Offeror must identify English speaking points of contact.
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 related to the projects submitted for factor 1.
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 Submission Requirements:
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.
The offeror shall submit a graphical description (an organization chart) of its planned organization structure for successful execution of the contract. There is a limit of thirty (30) single spaced typed pages (A4 or letter size), using at a minimum 12 point font. If more than 30 pages are submitted, only the first 30 pages will be reviewed and evaluated. The organization chart, resumes, and letters of commitment are not considered part of the 30 pages. The Management Plan shall include the following:
a) An organization chart (graph) that shows: a) lines of authority and communication for the execution of the contract; b) clearly shows the lines of authority of the Offeror’s Project Manager, Site Superintendent, Quality Control Manager, Design Quality Control Manager and Safety Manager, c) the organization chart shall also include all JV Partners and Key Subcontractors, when applicable; and d) the chart shall identify all offices involved in this contract from the
Offeror’s Headquarters to the Offeror’s site office(s), and how they are related; all positions shall be identified on the organization chart by title, organization, and physical location. The Project Manager, or the on-site person that communicates with the U.S. Government if the PM is not on-site, and any other personnel authorized to communicate directly with the U.S. Government shall be clearly identified. This section of the proposal shall not exceed three (3) pages and shall not count towards the 30 page maximum for this Factor.
b) A narrative description of the organization structure including roles, major responsibilities, and authorities of all JV Partners (if applicable), Key Subcontractors (if applicable), and key personnel shall be described. The position titles used in the narrative must match those used in the organization chart. 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.
c) The Offeror’s plan for management and start-up of a design-build contract for general building construction with a total value of between $500,000 and $2,000,000, including mobilization of the site; how to staff the field office with key personnel currently employed by the prime, and/or JV / Subcontractor; or letters of commitment from additional key personnel required to meet the minimum standards of the contract; and in general, work that will be done by the prime or performed by the subcontractors.
d) At a minimum qualifications (IE: a resume and letter of commitment) should be provided for the project manager, construction quality manager (QM), design quality construction manager (QCM), and designer of record of each discipline. The QM and QCM positions may be fulfilled by the same individual if she or he meets both qualifications addressed in the specifications. The resumes and letters of commitment shall not count towards the 30 page maximum for this Factor.
The PM should be responsible for the design and construction of the project indicated in the solicitation and must have at least one (1) year construction and construction management experience. The Designer(s) of Record must have at least five (5) years of design experience and must be able to certify designs based on local construction laws, or describe how designs will be certified under local construction laws.
b) Volume II:
Factor Four (4) – Price
Submission Requirements:
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), 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.
Note: Offerors must be registered in System for Award Management (SAM) 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).
CLAUSES INCORPORATED BY FULL TEXT
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.
(End of provision)
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.
(End of clause)
Fir52.216-1 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).
52.233-2 SERVICE OF PROTEST (SEP 2006)
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:
US Army Corps of Engineers Attn: Ms. Kristina Morrow 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.
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/Site Visit 27 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.
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