B.08.02._W912GB19R0039_-_Kpangalam_SOLICITATION.pdf

Solicitation Number W912GB19R0039 is for the design and construction of Kpangalam Kindergarten Building in Togo.

Estimated Construction Cost - $250,000.00 to $500,000.00

This is a full and open procurement. NAICS code is 236220. Size Standard is $36,500,000. Please note that business size in the System for Aw ard Management (SAM) is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM the business w ill be considered other than small business. Central Contractor Registration and ORCA are now available through SAM, available at w w w .sam.gov. Offerors must comply w ith the requirements of 52.204-6, 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Please see below for further instructions.

JASON R MALAK +49 0611 9744 2278

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

28-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 _______7 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________29 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 of fers 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:

W912GB19R0039 34

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

W912GB19R0039

Section 00 00 00 - Procurement and Contracting Requirements

SOLICITATION INFORMATION

US GOVERNMENT POINTS OF CONTACT:

PRIMARY CONTRACT SPECIALIST:Mr. Jason Malak at jason.r.malak@usace.army.mil CONTRACTING OFFICER: Mr. Joshua Mueller at Joshua.d.mueller@usace.army.mil

REQUESTS FOR INFORMATION:

Requests for Information shall be submitted via ProjNet no later than 10 calendar days before the solicitation closing date. See Section 00 21 00 – Instructions for further details.

Section 00 01 10 - Table of Contents

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION 00 00 00 Procurement and Contract Requirements SECTION 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule SECTION 00 21 00 Instructions - Submission Requirements SECTION 00 22 00 Supplementary Instructions – Evaluation Criteria SECTION 00 43 00 Bid Bond Form SECTION 00 70 00 Conditions of the Contract – Contract Clauses

SOLICITATION ATTACHMENTS

ATTACHMENT 1 – Statement of Work A.02.16 ar148a_011010 ATTACHMENT 1.1 – A.02.16.1 ar148a_Att. 1 - Project Location Map ATTACHMENT 1.2 – A.02.16.2 ar148a_Att. 2 - Conceptual Site Plan ATTACHMENT 1.3 – A.02.16.3 ar148a_Att. 3 - Conceptual Functional Layout_2019 05 10 ATTACHMENT 1.4 – A.02.16.4 ar148a_Att. 4 - Ventilated Improved Pit Latrines_2019 05 13 ATTACHMENT 1.5 – A.02.16.5 ar148a_Att. 5 - Preparation of Structural Calculations ATTACHMENT 2 – B.08.02.2 Att 2 - KPANGALAM_01 22 00 Price and Payment Procedures ATTACHMENT 3 – B.08.02.3 Att 3 - BLA Template 19R0039 ATTACHMENT 4 – B.08.02.4 Att 4 - BLG Template 19R0039 ATTACHMENT 5 – B.08.02.5 Att 5 - Specifications Binder

Specifications Binder includes the following:

00 74 00 - SPECIAL CONDITIONS

00 74 01 - TIME EXTENSIONS FOR ADVERSE WEATHER (NAU)

01 30 00 - GENERAL REQUIREMENTS (NAU)

01 32 16 - SMALL PROJECT PROGRESS SCHEDULES (NAU)

01 33 00 - SUBMITTAL PROCEDURES (NAU)

01 33 16 - DESIGN AFTER AWARD (NAU)

01 35 26 - SAFETY REQUIREMENTS (NAU)

01 45 00 - QUALITY CONTROL (NAU)

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

01 45 05 - CONTRACTOR SITE PERSONNEL REQUIREMENTS (NAU)

01 45 10 - DESIGN QUALITY CONTROL (NAU)

01 78 00 - CLOSEOUT SUBMITTALS (NAU)

01 78 23 - OPERATION AND MAINTENANCE DATA (NAU)

Section 00 10 00 - Solicitation

PRICE SCHEDULE

PRICE SCHEDULE

Request for Proposal (RFP)

Kpangalam Kindergarten School Togo

Sokodé, Togo

The following CLINs 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, and safety requirements.

All work shall be performed in accordance with these documents. Refer to Specification Section 01 22 00 Price and Payment Procedures for additional description of the work associated with each of the CLINs.

Period of Performance: Refer to clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK

Liquidated Damages: Refer to clause LIQUIDATED DAMAGES--CONSTRUCTION.

Option CLINs: The Government reserves the right to award the options up to contract completion.

CLIN No. Description Quantity Unit Unit Price Amount

BASE CLINs

BASE

CLIN

Kpangalam Kindergarten School

Design and Construction of Kpangalam Kindergarten School

1 Job $ $

Total of Base CLIN 0001

OPTION CLINs

OPTION

CLIN

Rainwater Harvesting System

Rainwater Harvesting System

1 Job $ $

OPTION CLIN 0002 Total $

OPTION

CLIN

Photovoltaic (PV) System

Photovoltaic (PV) system

1 Job $ $

OPTION CLIN 0003 Total $

Total of Option CLINs 0002 thru 0003 $

Total of all Base and Option CLINs $

EVALUATION OF OFFERS.

EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

-- END OF PROPOSAL SCHEDULE

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

A. INTRODUCTION

1. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to select one contractor for the Design-Build of the Kpangalam Kindergarten Building. NOTE: When the word “Offeror” is encountered in the RFP, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this Solicitation. When the word “Government” is encountered, it is intended to mean USACE NAU.

“Request for Proposal,” “RFP” and “Solicitation” are used synonymously throughout.

2. The evaluations procedures are in accordance with Federal Acquisition Regulation Part 13.106-2(b)(3) –

Price and Other Factors. Award will be made to an Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors provided within section 00 22 13. The Contracting Officer will award a firm fixed price contract to the responsible offeror that conforms to the solicitation, is determined to have proposed a fair and reasonable price and whose offer presents the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

B. PRE-PROPOSAL CONFERENCE

Site visits are planned to be conducted between 1 July 2019 through 5 July 2019. Any interested contractors may contact the below personnel to schedule a visit:

POC: Responsible of Dimension Humaine Phone: 90136572 Address: Sokode GPS Coordinates: 9.00746, 1.138473

C. PROPOSAL SUBMISSION

1. Introduction. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all Solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

The Offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) at or before the exact time specified. Failure to meet a requirement may result in an Offeror being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will made available for viewing at the Federal Business Opportunities (FBO) website (http://www.fbo.gov). All amendments will be made available for viewing in FBO. It shall be the Offeror’s responsibility to check the website for any amendments.

Inquiries. Offerors with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The bidder inquiry key is IHKC7T-NWS2R3 Offerors are requested to review the specification in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than ten business days prior to the stated deadline for offers. All Offerors are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries.

To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the Offeror’s responsibility to monitor for inquiries and responses. If an Offeror has technical difficulties that cannot be resolved in a timely manner, they may submit their responses via email to the Contract Specialist, Jason Malak, at jason.r.malak@usace.army.mil..

2. General Proposal Submission Requirements.

a. Electronic Proposals. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Email submission is not authorized. ELECTRONIC PROPOSAL SUBMISSION IS REQUIRED THROUGH THE FEDBIZOPPS (FBO.GOV) “ELECTRONIC RESPONSE” FEATURE. The FBO vendor user guide has information & instructions on how to utilize this feature. The FBO vendor user guide is accessible via the following web URL:

https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf.

b. File Size Limitations. Offerors are advised to follow the FBO instructions for uploading files larger than 10MB (java upload). FBO has not posted official file size limitations for its electronic response module;

however, it has been observed that uploads to FBO tend to be problematic when the files are sized 100MB or greater. If needed, Offerors are advised to break the files down into smaller sections to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

c. File Names. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention: Each filename shall begin with the Solicitation number, followed by the word “RESPONSE,” followed by your firm’s name, and finally a brief file description. EXAMPLES:

(1) “W912GB19R0039 RESPONSE Firmname Volume I.pdf”

(2) “W912GB19R0039 RESPONSE Firmname Volume I Part 1.pdf”

(3) “W912GB19R0039 RESPONSE Firmname Volume I Part 2.pdf”

(4) “W912GB19R0039 RESPONSE Firmname Volume I diagrams, figures.pdf”

(5) “W912GB19R0039 RESPONSE Firmname Volume II.pdf”

d. File Organization, Formatting, and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. 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. Failing to submit attachments or failing to complete the proposal properly may result in rejection of the offer without further evaluation. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

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

Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Proposal submission difficulties should be coordinated with the Federal Service Desk at https://fsd.gov and/or +1-866-606-8220 (Mon-Fri 8am-8pm Eastern Time UTC -5:00). Experience shows that if an upload does not complete until after the deadline, the FBO upload WILL NOT COMPLETE. The FBO system will automatically shut off the “Electronic Submission” feature at the specified deadline--once that occurs, the feature will disappear from the announcement. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline may be emailed to Jason Malak, Contract Specialist (jason.r.malak@usace.army.mil), but be advised they will be considered late and as such will be processed in accordance with FAR 15.208.

f. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

g. SPECIAL NOTICE: System for Award Management. Please take notice that the System for Award

Management (SAM, www.sam.gov) has a new entity registration requirement that firms submit an "original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated." This applies to all new entity registrations and all entity registration renewals, effective 29 April 2018. Further information behind this new requirement is posted to the General Services Administration's (GSA) announcement page at https://www.gsa.gov/samupdate. Please also refer to Federal Service Desk's (FSD) instructions on how to comply with this new requirement. NOTE: the instructions are different for domestic (U.S. based) and international (not U.S. based) firms. Offerors are reminded that this Solicitation includes the provision FAR 52.204-7 SAM and the resulting award will include the clause FAR 52.204-13 SAM Maintenance. These provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11. In order to eligible for the contract award resulting from this Solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office. Instructions for domestic entities (located in the U.S. or its outlying areas): https://fsd.gov/fsd-gov/answer.do?sysparm_kbid=d2e67885db0d5f00b3257d321f96194b&sysparm_search=kb0013183. Instructions for international entities (not located in the U.S. or its outlying areas): https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221

3. Proposal Format, Volume I, Non-Price Proposal

a. Section A - Executive Summary. Include a one page cover letter and any applicable executed joint venture agreements or other evidence of formal teaming agreements.

(i) JV agreements shall include the following:

(1) A copy of the JV agreement in English, signed by authorized representatives of all parties of the JV.

(2) A detailed statement outlining the following in terms of percentages, where appropriate:

(a) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

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

(g) Identification of party having overall control of the joint venture.

(3) 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.

(4) A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included.

(ii) Formal teaming agreements shall include the following:

(1) A copy of the teaming agreement in English, signed by authorized representatives of all parties of the team.

b. Factor 1: Technical Approach. The Government requires that the Offeror provide the following:

(i) Offerors shall submit their proposed technical approach to achieve all necessary tasks covered in the SOW. At a minimum, the Offeror shall include their technical approach to the design and construction of the Kpangalam Kindergarten Building as provided within the SOW. There is a limit of ten pages. If more than ten pages are submitted, only the first ten pages will be reviewed and evaluated. The methodology shall state at a minimum:

(1) Typical number of people per team

(2) Make up of teams by trade

(3) Tools, equipment, special equipment requirements

(4) Cost effectiveness in accomplishing tasks to include purchase of building materials

(5) Capital Management Plan that includes discussion of how the Offeror plans to track and financially plan for Value Added Tax (VAT) reimbursements or exemptions applicable to work in the Host Nation

(6) Safety processes

(7) Knowledge of requirements and constraints applicable to work in the Host Nation

(8) Subcontracting Plan that specifies the technical aspects to be conducted by the prime and subcontractor, and explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality workmanship in accordance with the SOW. The subcontracting plan shall also include the name, address, DUNS number and CAGE/NCAGE code for any Architect-Engineer subcontractor identified in the proposal.

c. Factor 2: Schedule Offerors shall include a schedule and an accompanying narrative with the minimum components listed below, and using the assumptions specified herein.

(i) Schedule Narrative. The schedule narrative shall define the primary assumptions made, skilled labor requirements for critical work (e.g. foundation and roof design) and critical elements of the Offeror’s schedule shall be included. The narrative should identify how the Offeror will manage 30, 60 and 90 day out submittals and look ahead at potential issues and how they will work to resolve them beforehand. The narrative shall include a discussion of how the Offeror will manage subcontractors from a schedule perspective. The narrative shall not exceed 5 pages.

(ii) Schedule. The schedule submission may be submitted in Primavera "xer", Excel, Word, or pdf file format and shall be specifically-tailored to the project contemplated by this solicitation. The schedule should clearly demonstrate critical milestones throughout, the anticipated overall critical path, and any parallel activities. The schedule should clearly identify schedule constraints as they relate to the site access for workers and delivery of materials, long lead items, the Government’s periods for review and approval of submittals, anticipated delays throughout, etc. The schedule should show activities between contract Award and Notice to Proceed (NTP), and also NTP to Beneficial Occupancy Date (BOD). The schedule should clearly distinguish between prime and subcontractor activities. Offerors must account for the restrictions associated with local holidays and United States holidays. The schedule should include at a minimum the activities listed below:

(1) Contract Award

(2) BLG, Insurance Submission and other pre-construction approvals

(3) NTP

(4) Shop Drawing preparation

(5) Site Planning for separation of project facilities in accordance with WHO fact sheets

(6) Submission of the 65%, 95% and 100% design submittals

(7) Design submittal review periods

(8) Structural design of the foundation and roof

(9) Construction completion

(iii) Schedule Assumptions. For the purposes of evaluation under this factor, the Offeror should utilize the following assumptions: plan for a 365 calendar day construction duration, Offeror shall use the dates of 30 September 2019 for award, 30 October 2019 for NTP, and should prepare the schedule assuming that all base line items and options will be awarded on that date.

d. Factor 3: Past Performance. No submission is required. The Government will evaluate Past

Performance by reviewing, at a minimum, the Past Performance information retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Contractor Performance Assessment Reporting System (CPARS) and System for Award Management (SAM).

4. Proposal Format, Volume II, Price Proposal and Administrative Matters

a. Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215-1(c)(2), including:

i. The solicitation number.

ii. The Offeror’s name, address, and phone/email contact information.

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.

iv. Names, titles, and telephone / email contact information of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

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.

b. Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this solicitation. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging all the amendments.

c. Completed Price Schedule. Offerors shall submit a completed price schedule, including proposed prices for all items for the base and all option years (schedule provided as RFP attachment). The Price Schedule is included in Section 00010 of this solicitation.

d. Bank Letter of Assurance (BLA) in the amount of 10% of the proposed price shall be provided. See format provided as RFP attachment. The BLA is evidence showing the Offeror's ability to be bonded or obtain a 10% Bank Letter of Guarantee for this project. Include the name, address and telephone number of the firm's bonding company or bank.

AS AN ALTERNATIVE, OTHER BONDS AND FINANCIAL PROTECTIONS MAY BE ACCEPTED, SEE

APPENDIX A

e. SAM Registration, Representations & Certifications. Offerors shall submit the following:

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

f. Financial Information (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings, and or number, bank name, and POC, etc). This information will be used for the purpose of completing the Pre-Award Survey and will not be rated. The offeror shall specify the number of years the firm has been in business and a list of present commitments, including the dollar value.

D. NEGOTIATIONS

1. General Information: The Contracting Officer intends to evaluate proposals and award a contract without negotiations. Therefore, Offerors should include their best price terms in their initial offer and not assume they will have an opportunity to participate in negotiations and/or be asked to submit a revised proposal. However, the Contracting Officer may determine it necessary after evaluating initial proposals to engage in negotiations and/or other bilateral communications with one or more Offerors. The Contracting Officer will notify all Offerors when an award is made.

2. Negotiations Scheduling: If negotiations are conducted, the Contracting Officer may negotiate orally, in writing, etc. The method for negotiations will be at the discretion of the Contracting Officer. The Contracting Officer will provide additional instructions with the notification that negotiations are necessary.

APPENDIX A

BONDS AND OTHER FINANCIAL PROTECTIONS

40 U.S.C. chapter 31, subchapter III, Bonds (formerly known as the Miller Act) and FAR 28.102 require a 100% performance and payment bonds issued by an acceptable corporate surety for any construction contract exceeding $150,000. This requirement may be waived, however, by the contracting officer for work performed in foreign countries if it is found that it is impracticable for the contractor to furnish such bond.

This contract will be performed in a country outside the United States, and the contracting officer has found that it is impracticable for many otherwise eligible firms to access bonding from approved sureties. As such, and in accordance with FAR Part 28 and applicable contract clauses, the following bonding options and financial protections from other sureties are considered acceptable by the contracting officer:

1. A 100% performance and payment bond, as specified by 52.228-15, Performance and Payment Bonds – Construction.

The contracting officer will only accept performance and payment bonds from corporate sureties that appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies,” or bonds supported by coinsurance or reinsurance agreements from such listed sureties and conforming to the Department of the Treasury regulations in 31 CFR 223.10 and 223.11, as elaborated in FAR Part 28. The contracting officer requires any reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds.

2. A Letter of Guarantee, as specified in clause 52.000-4062, “BANK LETTER OF GUARANTY,” equal to 10% of the proposed price.

This letter may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the contracting officer. This letter must conform to the requirements in clause 52.000-4062 and substantively follow the model provided in the RFP. The Letter of Guaranty must be accompanied by a notarized Certificate of Authority.

If an offeror intends to provide a Letter of Guarantee upon contract award, it must provide with its proposal a Bank Letter of Assurance conforming to the requirements in clause 52.000-4059 and substantively following the model provided in the RFP.

It should be noted that the Government will draw on Letter of Guaranty when the contractor fails to comply with the terms and conditions of the contract, or does not fulfill his undertaking in whole or in part. As this contract requires the prime contractor to ensure the timely payment of satisfactorily performing subcontractors (see, e.g., FAR 52.232-2(c)), the failure to pay subcontractors can be considered a breach of contract and may result in the Government drawing on this Letter of Guaranty.

3. An Irrevocable Letter of Credit that complies with the requirements of clause 52.228-14 – “Irrevocable Letter of Credit” and is equal to 10% of the proposed price.

An ILC must secure both performance and payment under the contract and substantively conform to the model provided in clause 52.228-14. It must be issued or confirmed by a federally insured financial institutions rated investment grade. As per 52.228-14(d), the offeror must provide the contracting officer a credit rating from a recognized commercial rating service that indicates the financial institution has the required rating(s) as of the date of issuance of the ILC.

4. Certified or cashier’s checks, bank drafts, money orders, or currency equal to 10% of the proposed price.

The checks, drafts, or money orders shall be in the same currency as the currency specified for the award of the contract. The checks, drafts, or money orders shall be drawn to the order of the U.S. Army Corps of Engineers Europe District Finance and Accounting Officer.

5. United States bonds or notes equal to 10% of the proposed price.

The bond or note must be accompanied by a duly executed power of attorney and agreement authorizing the collection or sale of such United States bonds or notes in the event of default of the principal on the bond. The contracting officer may –

(a) Turn securities over to the finance or other authorized agency official; or

(b) Deposit them with the Treasurer of the United States, a Federal Reserve Bank (or branch with requisite facilities), or other depository designated for that purpose by the Secretary of the Treasury, under procedures prescribed by the agency concerned and Treasury Department Circular No. 154.

Section 00 22 00 - Supplementary Instructions

EVALUATION OF OFFERORS

Section 00 22 13 - Instructions

EVALUATION OF OFFERORS

A. BASIS FOR AWARD

Proposals will be evaluated in accordance with the factors and sub-factors below. Award will be made to an Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received. Offerors are reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in communications or be asked to submit a revised offer. The Government may make award of a conforming proposal without communications to Offerors, if deemed to be within the best interest of the Government.

B. FACTORS TO BE EVALUATED

All proposals will be evaluated on the factors listed below. Offerors are required to provide data addressing all stated factors in a clear and understandable format. If an Offeror does not have data relating to a specific factor, it shall be clearly stated in the proposal. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach,” paragraph of this section. Evaluators will ensure Offeror’s complied with all submission requirements set forth in the “Proposal Submission,” paragraph of the RFP Section 00 22 10.

The non-price factors are as follows:

1. NON-PRICE FACTORS: The purpose of the non-price factors is to assess whether the Offeror’s proposal will satisfy the Government’s minimum requirements. A proposal receiving an unacceptable rating on one or more non-price factors will result in an overall unacceptable rating and be ineligible for award.

Factor 1: Technical Approach Factor 2: Schedule Factor 3: Past Performance

2. PRICE FACTOR: The purpose of the price factor is to ensure a fair and reasonable price. The price factor will be evaluated differently than the non-price factors, and is subject to Contract Pricing policies as set forth in FAR Subpart 13.1.

3. RELATIVE IMPORTANCE OF THE EVALUATION FACTORS (NON-PRICE vs. PRICE): All non-price factors are of equal importance. All non-price factors, when combined are approximately equal in importance to price.

C. EVALUATION APPROACH

1. TEAM ARRANGEMENTS. As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of evaluation and the application of non-price factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal. The proposal must include a narrative that explains the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full delineation of roles and responsibilities of team members, and the duration of the agreement, etc.).

The proposal must also include an agreement that has been or will be executed prior to award between/among all team members. The proposal and agreement must be consistent; substantive inconsistencies between the proposal and agreement may be construed against the Offeror. The timely submission of the executed teaming agreement prior to award shall be a precondition to a finding of responsibility.

a. Joint Ventures (JV). If the Offeror is a JV, the Offeror must provide evidence of a legally binding JV agreement, which creates legal responsibility on the part of all contractors in the JV. Further details surrounding requirements related to the JV agreement are provided in the INSTRUCTIONS TO OFFERORS section.

b. Other Teaming Arrangements. In the case of prime-sub teams (e.g. if an Offeror proposes to utilize a

“key subcontractor”), the agreement must reflect that the prime contractor is vested with control and responsibility for the daily management of the work, and that it remains responsible for contract performance, including those items allocated to a subcontractor on the team. Offerors are reminded that the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors. However, consistent with FAR 9.104-4, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so. Finally, any resulting subcontract(s) may not deviate from the substantive provisions of the teaming agreement. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default. There can be no substitution of subcontractor team members except that, in the case of a prime-sub team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. Note: Only a Contracting Officer can approve such a change after contract award.

2. Factor 1: Technical Approach. The Government will evaluate the proposed technical approach to the design and construction of the Kpangalam Kindergarten Building to assess the Offeror’s perceived ability to implement all requirements of the SOW. Additional consideration may be afforded to an Offeror whose proposed approach:

(i) Demonstrates a reasonable process and rationale for the number and capability of staff to perform the tasks in a cost effective manner

(ii) Explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality projects in accordance with contract provisions as well as the ability and familiarity with conducting business and finances in Africa.

(iii) Provides an adequate plan for each of the items specified under RFP Section 00 21 00 for this factor.

(iv) Demonstrates innovative approaches to maximize personnel efficiency or provide cost savings through reduced travel and labor.

3. Factor 2: Schedule. The Government will evaluate the proposed schedule to assess the Offeror’s apparent understanding of the project scope and schedule restrictions that must be considered (e.g., long lead items, site access, manpower availability, critical milestones, etc.). The Government will evaluate the Offeror’s apparent understanding of the interrelated nature of activities in the proposed schedule, the Offeror's overall apparent capability to schedule the complete project within the proposed contract duration, and the realism of the schedule.

The Government may use independent judgment concerning typical construction durations, as well as the Offeror’s proposed schedule logic and constraints.

4. Factor 3: Past Performance. The Government will evaluate the Offeror’s past performance records on other recent and relevant contracts to assess what level of expectation that the Offeror will successfully perform the effort required by this RFP.

5. Factor 4: Price. Price will be considered in making the Government’s determination of which proposal received in response to this RFP presents the best value. The Government will perform price analysis on all proposals received in accordance with FAR 13.106-3 to determine completeness, balanced pricing, reasonableness, and understanding of the work. Offerors are required to price for all items for the base and all options. Failure to submit a price and failure to complete all CLINs in Section 00 10 00 of the Solicitation may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration. From a price perspective, an offer’s overall value will be assigned as being the sum of all the CLINs added together.

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the Solicitation.

(ii) Comparison of proposed prices with the independent Government estimate.

(iii) Comparison of proposed prices with available historical information.

Section 00 43 00 - Bid Bond Form

CLAUSES INCORPORATED BY REFERENCE

52.228-1 Bid Guarantee SEP 1996 52.228-2 Additional Bond Security OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.000-4059 LETTER OF ASSURANCE (RFP) (SEP 1993)

Offerors are required to furnish with their offer an assurance that they can secure a performance guaranty as required by the clause entitled "Bank Letter of Guaranty" if awarded a contract pursuant to this proposal. The Letter of Assurance will be countersigned by the Bank Official(s) from which the offeror intends to obtain the Bank proposal. The Letter of Assurance shall be an original in English. The offeror acknowledges that failure to furnish the original Letter of Assurance with the offer may result in rejection of the offer as "nonconforming".

(End of Clause)

52.000-4062 BANK LETTER OF GUARANTY (NOV 2007)

Within SEVEN calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guaranty for the performance of the work in the amount of 10% of the anticipated maximum contract value, or lesser amount, at the discretion of the Contracting Officer, conforming to the format of the sample letter. Failure to furnish the Bank Letter of Guaranty may be deemed a breach of contract. The Bank Letter of Guaranty will be dated as of the contract award date or as soon thereafter as possible. The Bank Letter of Guaranty shall state that it will continue in effect without change in amount or terms until the work has been finally inspected and accepted by the Government, and that thereafter it will continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to five percent (5%) of the contract price. The Bank Letter of Guaranty shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guaranty. The Contracting Officer may require and the Contractor shall furnish the Contracting Officer an increase in the amount of the Bank Letter of Guaranty because of increases to the contract value. The authorization to issue "Notice to Proceed" will not be effected until after approval and acceptance by the Contracting Officer of the Bank Letter of Guaranty. The Bank Letter of Guaranty shall be interpreted in accordance with U.S. law and is subject to the Choice of Law and Immunity for Legal Process clauses in the solicitation.

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUN 2018

52.211-18 Variation in Estimated Quantity APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

MAR 2015

52.223-6 Drug-Free Workplace MAY 2001 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-11 Pledges Of Assets AUG 2018 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7001 Tax Relief SEP 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991…