W912GB19R0027_FINAL.pdf

Indefinite-Delivery Indefinite-Quantity (IDIQ) Multiple Aw ard Task Order Contract (MATOC) for the purposes of providing SCIF construction, real property repair and maintenance, associated environmental w ork, and force protection w ork in Germany, Belgium, Poland, Romania, or Estonia.

Contacts for this solicitation w ill be as follow s:

Contract Specialist, Ms. Candace Lotomau (Primary POC) Email address: Candace.C.Lotomau@usace.army.mil Telephone: +49(0)611-9744-2819

Contracting Officer, LTC Christian H. Solinsky Email address: Christian.Solinsky@usace.army.mil Telephone: +49(0)611-9744-2281

CANDACE C LOTOMAU

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

18-Jun-2019

(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 _______10 calendar days and complete it w ithin ________ 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 ______________17 Jul 2019 (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

10:00 AM (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:

W912GB19R0027 230

W912GB19R0027

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

Section 00 01 10 - Table of Contents

REQUEST FOR PROPOSALS NO. W912GB19R0027

MAIN TABLE OF CONTENTS

FY19 Sensitive Compartmented Information Facility (SCIF) Construction MATOC for Germany, Belgium, Poland, Romania, & Estonia

SECTION TITLE

Section 00 10 00 Solicitation [Contract Line Item Number (CLIN) Schedule] Section 00 21 00 Instructions Section 00 22 00 Supplementary Instructions Section 00 45 00 Representations and Certifications Section 00 70 00 Conditions of the Contract Section 00 71 00 Definitions Section 00 72 00 General Conditions Section 01 11 00 Summary of Work Section 01 30 00 Administrative Requirements

ATTACHMENTS:

Attachment 1 – Contractor Past Experience Overview Sheet Attachment 2 – Contractor Past Experience Information Sheet Attachment 3 – USACE Past Performance Questionnaire (to be completed by Client) Attachment 4 – Architect-Engineer Experience Attachment 5 – Letter of Commitment Sample Attachment 6 – ProjNet Instructions Attachment A – Seed Project RFP (will be issued with Phase II) Attachment B – Pricing Schedule No. 1 Attachment C – Price Schedule No. 2 (Seed Project—will be issued with Phase II)

SPECIFICATIONS:

SECTION 00 74 00 SPECIAL CONDITIONS APR 2019

SECTION 00 74 02 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU) MAR 2019

SECTION 00 74 10 SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU) MAR 2019

SECTION 00 74 18 SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ROMANIA (NAU) MAR 2019

SECTION 00 74 19 SUPPLEMENTAL CONDITIONS FOR PROJECTS IN POLAND (NAU) MAR 2019

SECTION 01 30 00 GENERAL REQUIREMENTS (NAU) APR 2019

SECTION 01 30 05 GOVERNMENT PROJECT OFFICE JAN 2019

SECTION 01 32 01 PROJECT SCHEDULE (NAU) MAY 2019

SECTION 01 32 16 SMALL PROJECT PROGRESS SCHEDULES (NAU) MAY 2019

SECTION 01 33 00 SUBMITTAL PROCEDURES (NAU) APR 2018

SECTION 01 33 16 DESIGN AFTER AWARD (NAU) NOV 2018

SECTION 01 35 26 SAFETY REQUIREMENTS (NAU) MAR 2018

SECTION 01 45 00 QUALITY CONTROL (NAU) FEB 2019

SECTION 01 45 01 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM) (NAU) APR

SECTION 01 45 05 CONTRACTOR SITE PERSONNEL REQUIREMENTS (NAU) MAR 2019

SECTION 01 45 10 DESIGN QUALITY CONTROL APR 2018

SECTION 01 78 00 CLOSEOUT SUBMITTALS (NAU) MAR 2019

SECTION 01 78 23 OPERATION AND MAINTENANCE DATA (NAU) JUN 2018

ICS 705 TECHNICAL-SPECIFICATIONS-SCIF CONSTRUCTION

ICS-705-1

CONSTRUCTION SIGNS (GERMAN) NOV 20018

CONSTRUCTION SIGNS (ENGLISH) NOV 2008

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 49,900,000 Job

SCIF CONSTRUCTION MATOC

FFP

Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) to provide SCIF construction, real property repair and maintenance, associated environmental work, and force protection work in Germany, Belgium, Poland, Romania, or Estonia.

The minimum guarantee for the entire contract is $3,000.00. Upon issuance of a future Task Order that covers the minimum guarantee, the amount of $3,000.00 will be deobligated.

BASE PERIOD: 3 years from award

The entire contract shall not exceed the shared capacity of $49,900,000.00.

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

Section 00 21 00 - Instructions

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)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

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).

52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (MAY 2010)

(a) Definitions. ``Labor organization'' and ``project labor agreement,'' as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) Consistent with applicable law, the offeror shall negotiate a project labor agreement with one or more labor organizations for the term of the resulting construction contract.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall--

1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer.

(End of Provision)

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

US ARMY CORPS OF ENGINEERS

CONTRACTING DIVISION (CENAU-CT)

KONRAD ADENAUER RING 39

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)

(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) Site visits may be arranged during normal duty hours by contacting:

Name: To be announced for each individual task order.

Address: To be announced for each individual task order.

Telephone: To be announced for each individual task order.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfars/index.htm http://acquisition.gov/far/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

252.236-7006 COST LIMITATION (JAN 1997)

(a)Certain items in this solicitation are subject to statutory cost limitations. The limitations are stated in the Schedule.

(b)An offer which does not state separate prices for the items identified in the Schedule as subject to a cost limitation may be considered nonresponsive.

(c)Prices stated in offers for items subject to cost limitations shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

(d) Offers may be rejected which--

(1)Are materially unbalanced for the purpose of bringing items within cost limitations; or

(2)Exceed the cost limitations, unless the limitations have been waived by the Government prior to award.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

SECTION I

OVERVIEW

A. BACKGROUND AND OBJECTIVES

The United States Army Corps of Engineers (USACE), Europe District (NAU) has enduring requirements to provide SCIF construction services for Army (USA), Air Force (USAF), and other Department of Defense (DoD) and Federal Agencies located on DoD installations or in support of defense operations within Germany, Belgium, Poland, Romania, or Estonia.

B. DESCRIPTION OF ACTION

The U.S. Army Corps of Engineers, Europe District (NAU) has a mission to provide design and Sensitive Compartmented Information Facility (SCIF) construction to support the US Army, Joint Forces, and any work associated in direct support of the US Government. The SCIF Construction MATOC is for design-bid-build and design-build construction projects in Germany, Belgium, Poland, Romania, or Estonia. These requirements are often time-critical and of a highly sensitive nature.

The purpose of this NAU Indefinite Delivery Indefinite Quantity (IDIQ) MATOC is to provide SCIF construction, real property repair and maintenance, associated environmental work, and force protection work in Germany, Belgium, Poland, Romania, or Estonia. Use of the MATOC will provide the Government with a construction product delivery method that can accommodate quick and straight-forward projects, as well as some small but complex projects, and can help minimize design effort and related overhead expenditures, as well as handle compressed schedules.

Task Orders will primarily address new design-build or design-bid-build construction, building renovation, associated environmental work including, but not limited to, excavation, plumbing, demolition, electrical, structural, mechanical, and concrete work for SCIFs. Contract awards are anticipated for US Forces and/or Facilities in Germany, Belgium, Poland, Romania, or Estonia.

USACE Europe District intends to solicit competitive proposals in accordance with FAR 6.1 Full and Open Competition. Additionally, this acquisition will be based on competition among all United States firms or US Joint Ventures responding to the solicitation, which will be issued to qualified firms that meet or have the ability to obtain Facility Clearance (FCL) IAW the requirement as set forth by the Defense Security Service.

The offeror will be required to have a valid FCL or have the ability to obtain FCL, pursuant to Defense information Systems Agency Industrial Security program & DD Form 254, Contract Security Classification Specification Implementation Guide, in conjunction with DOD 5220.22-R, Industrial Security Regulation (ISR) and DOD 5220.22-M, National industrial Security Program Operation manual (NISPOM).

The Contracts will be awarded only to U.S. Firms and paid in U.S. ($) dollars. If the Offeror wishes to perform some of the work using subcontractors (subject to the 25% prime contractor work requirement stated in FAR 52.236-1, Performance of Work by the Contractor), the prime contractor may use subcontractors subject to the vetting and approval of subcontractors by the Accrediting Official. Restrictions on non-U.S. subcontractors and labor may apply on a task order by task order basis. In addition, offerors are advised that workers and subcontractors from countries identified as critical for Technical or Human Intelligence threat, or listed on the DOS Prohibited Countries matrix may not be approved. Accordingly, subcontractors will be submitted and approved on a task order by task order basis.

Once approved, the contractor may not change subcontractors without the Contracting Officer's approval. Approval will not be given unless the Contracting Officer, in the exercise of his/her sole discretion, considers the proposed substitute to be equal or better in all respects to the originally proposed subcontractor and the contracting officer considers the substitution to be in the best interests of the Government.

C. ACQUISITION STRATEGY

The intended approach is to award at least two (2) contracts. These will be Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Construction Task Order Contracts (MATOC) for Design Build (DB) and Design Bid Build (DBB) construction projects in support of DoD and other Federal agencies. The intention is to solicit this as a two phase solicitation in accordance with FAR 36.3 to establish the MATOC base contracts. The anticipated shared contract capacity is $49,900,000.

A Top Secret Facility Site Clearance IS NOT required for this MATOC however individual projects may require Statements of Affiliation (SOAs) for all companies. All contractors must have personnel that meet the U.S.

citizenship requirements identified in the task order Scope of Work as some task orders will require only U.S.

citizens to perform on those task orders.

The Offerors successful in obtaining a contract award will be those Offerors whose proposals represent the best values and are determined to provide the most benefit to the Government.

D. TASK ORDERS

Task orders may be either Design-Build or Design-Bid-Build. The individual projects will be a variety of construction types. The task orders will range in size and complexity from small to large and from non-complex to highly technical. Funding may be either Military Construction funding (MILCON) or Operations and Maintenance (O&M) funding. Other types of funding may utilized if authorized for constructions projects.

All task orders will be firm-fixed-priced task orders. Each task order will require payment performance bonds for the full value of the task order and a bid bond will be required with each task order proposal. All contract holders will be afforded the opportunity to propose on each task order, should they so choose. Awardees are not required to propose on all task orders, but must notify if not proposing. However, if zero (0) proposals are received in a given year, Contractors may be at risk of being removed or “off-ramped” from the MATOC.

SECTION II

SOLICITATION PROVISIONS

**References to Government throughout the solicitation and subsequent contract awards, refer to the United States Government, unless otherwise noted.***

A. BASIS FOR AWARD

The requirements for the preparation and submission of proposals and the requirements for the evaluation of proposals in response to this solicitation are contained in the Request for Proposals. The source selection process will use a two-phase selection approach as authorized under 10 U.S.C. 2305a. The first phase of the selection process will determine if the contractor is among the most highly qualified as outlined in the solicitation. If a contractor’s proposal is considered among the highly qualified in Phase I, they will be invited to submit additional information for Phase II for evaluation.

Subject to the provisions contained herein, the award will be made to at least two (2) Offerors in accordance with Section 2305a of title 10, United States Code who are deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements, and judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Best Value to the Government. This source selection approach, called Best-Value Tradeoff, includes an evaluation of five (5) factors: Factor 1: Past Performance of Construction Projects, Factor 2: Management Approach, Factor 3: Architect- Engineering Team, Factor 4: Seed Project Narrative, and Factor 5: Seed Project Price/Price Schedule.

Past Performance of Construction Projects contains a pass/fail element. The Offerors must submit at least three (3) of the five (5) projects in which they performed as the prime (i.e. the offeror) and two (2) of the five (5) projects being SCIF work in accordance with ICD/ICS 705. In case of a Joint Venture, the work must have been performed by at least one of the JV partners. Offerors who do not meet that minimum requirement are not eligible for award.

Once the proposal is rated “Pass” for this aspect, the relative weight of the evaluation factors is as follows:

In Phase I, Factors 1, 2 and 3 are in descending order of importance. After all of the evaluations have been completed, the SSA will consider all factors to determine which Offerors are deemed to be the most highly qualified. The Government’s intention is to determine a select pool of the most competent and qualified Offerors to move on to Phase II, based on the confidence and adjectival ratings of Factors 1, 2 and 3. The Government will select at least two (2) offerors to move to Phase II.

In Phase II, Offerors ratings for Factors 1, 2, and 3 will advance from Phase I. The order of importance for Phase II, will be Factor 4, Factor 1, Factor 2, Factor 3, and Factor 5. Therefore, Factor 4 is more important than Factor 1, which is more important than Factor 2, which is more important than Factor 3, which is more important than Factor

5. When combined all non-price factors are approximately equal to price.

Trade-off Analysis: After evaluations of all Phase II proposals are completed, the SSA will consider all factors to determine which Offerors submitted proposals that represent the “best values” to the Government for this project.

The Government will select at least two (2) offers that represent the “best values” to the Government. Of those selected for the MATOC pool, the Offeror representing the overall “best value” will be awarded the seed project as its first task order. The Government reserves the right to award the seed project task order to other than the lowest proposed price. The greater the equality of technical 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. The awarded contract will incorporate the successful offerors proposal to the extent it offers betterments and does not conflict with the solicitation requirements.

The Source Selection Decision shall represent the SSA’s independent judgment. The decision shall be documented and the documentation shall include the rationale for any business judgments and tradeoffs made or relied on by the SSA including benefits associated with additional costs. In accordance with FAR 15.101-1, a tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest priced offeror(s) or other than the highest technically rated offeror(s). This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406 -- Documentation.

B. FACTORS TO BE EVALUATED

The following evaluation factors will be used to evaluate each proposal. Award will be made to the Offerors whose proposals are the best value to the Government based upon an integrated assessment of the evaluation factors. IAW FAR 15.304, the following factors will be considered in evaluating the proposals:

Evaluation methodology for the procurement consists of five (5) factors:

Phase I:

Factor 1 – Past Performance of Construction Projects Factor 2 – Management Approach Factor 3 – Architect-Engineering Team

Phase II:

Factor 4 – Seed Project – Technical Approach Narrative Factor 5 – Seed Project Price/Price Schedule

Factor 1: Past Performance of Construction Projects (Phase I): Each offeror’s past performance will be reviewed to determine relevancy and confidence. During evaluations of each proposal, the Government will assign an overall adjectival rating to the factor and write a narrative evaluation reflecting the identified findings.

Factor 2: Management Approach (Phase I): Evaluation of the offeror’s proposal shall address each element as it applies to the evaluation criteria. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section and the Section 00100 for incorporation into the solicitation.

During evaluations of each proposal, the Government will assign an overall adjectival rating to the factor and write a narrative evaluation reflecting the identified findings.

Factor 3: Architect-Engineer Team (Phase I): Evaluation of the offeror’s proposal shall address the evaluation criteria. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section and the Section 00100 for incorporation into the solicitation. During evaluations of each proposal, the Government will assign an overall adjectival rating to the factor and write a narrative evaluation reflecting the identified findings.

Factor 4: Seed Project – Technical Approach Narrative (Phase II): Evaluation of the offeror’s proposal shall address each element as it applies to the evaluation criteria. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section for incorporation into the solicitation in the Phase II amendment to the solicitation. During evaluations of each proposal, the Government will assign an overall adjectival rating to the factor and write a narrative evaluation reflecting the identified findings.

Factor 5: Seed Project Price/Price Schedule (Phase II): The resulting awards will be firm-fixed-price base contracts.

The task order, and all awarded task orders, will be issued on a firm-fixed-price basis. Price reasonableness will be utilized in the evaluation of the task order as well as the price schedule. In addition, the resulting award will contain a price schedule that establishes set prices for certain disciplines to be used for task orders and modifications.

C. EVALUATION APPROACH

This section describes the tasks required for completion of a fair, comprehensive, and impartial source selection process. All proposals shall be subject to evaluation by the Source Selection Evaluation Board (SSEB) members.

1. The overarching evaluation approach for all factors is as follows:

a. Adequacy of Response. The proposal will be evaluated to determine whether the Offeror’s methods and approach have been adequately and completely considered, defined, and satisfied the requirements specified in the solicitation. The proposal will be evaluated to determine the extent to which each requirement has been addressed in the proposal in accordance with the proposal submission section of the solicitation.

b. Feasibility of Approach. The proposal will be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The proposal will be evaluated to determine the extent to which successful performance is contingent upon proven techniques.

2. EVALUATION RATINGS

a. Proposal Ratings: Factors 1-4 will be adjectivally rated. Offerors submitting proposals for this project should limit submissions to data essential for the evaluation of proposals.

See paragraph 6 below for a discussion of the evaluation criteria applicable to these factors.

b. Past Performance Assessment Definitions. Factor 1 will be evaluated using the two aspects of the past performance evaluation: relevancy and performance confidence.

Relevancy ratings will be used by the Government in assessing the relevancy of the submitted projects to allow assessment of the overall confidence rating.

The adjectival ratings for FACTOR 1: PAST PERFORMANCE OF CONSTRUCTION PROJECTS are listed and defined below. The Relevancy ratings are as follows:

Past Performance Relevancy Ratings:

Adjectival Rating Description

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

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

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

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

The Past Performance Confidence Ratings are as follows:

c. Technical Rating Definitions.

The following combined technical/risk rating definitions will be utilized in the evaluation of Factors 2:

MANAGEMENT APPROACH, 3: ARCHITECT-ENGINEER TEAM, and 4: SEED PROJECT –

TECHNICAL APPROACH NARRATIVE.

Combined Technical/Risk Ratings

Adjective Rating Description

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

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

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

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

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

Proposal is unawardable.

The adjectival ratings, defined below, are not separate ratings, but will be used to define the levels of risk in the aforementioned table.

Technical Risk Ratings

Adjectival Rating Description

Low Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Performance Confidence Assessments Adjectival Rating Description

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

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

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

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

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

Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost, or degradation of performance.

Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant disruption of schedule, increased cost or degradation of performance.