W912GB20R0028.pdf

Solicitation Number W912GB20R0028 is for the design and construction for renovation of an existing school compound and the construction of a new classroom building in Mabanda Gabon.

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

This is a full and open procurement. NAICS code is 236220. Size Standard is $39,500,000. 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/ORCArequirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users.

Please see below for further instructions.

DANIEL K UNSEN

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

14-Aug-2020

(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 ________425 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 ______________16 Sep 2020 (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

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912GB20R0028 53

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

W912GB20R0028

Section 00 00 00 - Procurement and Contracting Requirements

SOLICITATION INFORMATION

US GOVERNMENT POINTS OF CONTACT:

PRIMARY CONTRACT SPECIALIST: Mr. Daniel Unsen at Daniel.K.Unsen@usace.army.mil CONTRACTING OFFICER: Ms. Candace Lotomau at Candace.C.Lotomau@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 SECTION 00 72 00 General Conditions-Special Requirements

SOLICITATION ATTACHMENTS

Attachment 1 SOW ar167_011010_ Attachment 1.1 ar167_Att 1_Project Location Maps Attachment 1.2 ar167_Att 2_Conceptual Site Plans Attachment 1.3ar167_Att 3_Conceptual Floor Plan Attachment 1.4 ar167_Att 4 Preparation of Structural Calculation Attachment 1.5 ar167_Att 5_Rainwater Tank Example Attachment 1.6 ar167_Att 6_Dedication Plaque Attachment 1.7 ar167_Att 7_Photos School Compound Attachment 2 B.08.02.3 - BLA Template 20R0043 Attachment 3 B.08.02.4. - BLG Template 20R0043 Attachment 4 Specification Binder_Mabanda

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job Renovation Of Three Existing Bldg

FFP

Renovation of the three (3) existing school buildings.

FOB: Destination

NET AMT

0002 Job Renovation Existing Plumbing Systems

FFP

Renovation of existing plumbing system/latrines.

0003 Job Construct Water Tank Rain Harvest Septic

FFP

Construct new water tank with rain harvesting system and install a new septic tank.

0004 Job Install New Electrical

FFP

Install all required electrical cable supplies and distributions through all three (3) existing classroom buildings to provide at least one (1) power outlet and one (1) lighting outlet for each room.

0005 Job Install photovoltaic system

FFP

Install new photovoltaic system.

0006 Job OPTION Renovate Existing Director’s House

FFP

Renovate the existing school director’s house to include plumbing system/latrines and required electrical work to provide one (1) each new lighting and outlets for each room.

0007 Job OPTION Construct New Fence

FFP

Construct new fence around the school compound.

0008 Job OPTION Construct New Building

FFP

Construct new school building with two (2) classrooms and one (1) storage room.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 425 dys. ANP N/A

0002 425 dys. ANP N/A

0003 425 dys. ANP N/A

0004 425 dys. ANP N/A

0005 425 dys. ANP N/A

0006 425 dys. ANP N/A

0007 425 dys. ANP N/A

0008 425 dys. ANP N/A

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 and Construction of an administrative building and the renovation of an existing classroom building near Makhava, Eswatini. 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 at a time and date to be determined.

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 PUQWK9-DSVQYS 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, Daniel Unsen, at Daniel.K.Unsen@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 submissions shall be via DoD SAFE Drop-Off at https://safe.apps.mil/.

Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals. A drop-off request is valid for 14 days. It is the responsibility of the Offeror to ensure receipt. In the event of technical difficulties, submission of proposals may be via email to both the Contract Specialist, Daniel Unsen, at Daniel.K.Unsen@usace.army.mil and the Contracting Officer, Candace Lotomau, at Candace.C.Lotomau@usace.army.mil. It is the responsibility of the Offeror to ensure receipt.

b. File Size Limitations. Offerors are advised that the file size limitation is 10MB due to email server restrictions. If needed, Offerors are advised to break the files down into smaller sections and deliver in separate emails. 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) “W912GB20R0028 RESPONSE Firmname Volume I.pdf”

(2) “W912GB20R0028 RESPONSE Firmname Volume I Part 1.pdf”

(3) “W912GB20R0028 RESPONSE Firmname Volume I Part 2.pdf”

(4) “W912GB20R0028 RESPONSE Firmname Volume I diagrams, figures.pdf”

(5) “W912GB20R0028RESPONSE 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. Submission &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 at point of entry. 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. Offerors are encouraged to keep a copy of the delivery and/or read confirmation for their record but shall also request confirmation. Submissions after the deadline 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 or FAR 52.212-1 Instructions to Offerors--Commercial Items, and the resulting award will include the clause FAR 52.204- 13 SAM Maintenance or 52.212-4 Contract Terms and Conditions--Commercial Items. 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 an administrative building and the renovation of an existing classroom building near Makhava, Eswatini as provided within the SOW. There is a limit of twenty-five pages. If more than twenty-five 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.

(9) Provide proof as registered designer with in the Host Nation.

(10) Provide proof of registration for construction work with in the Host Nation.

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 425 calendar day construction duration, Offeror shall use the dates of 30 September 2020 for award, 30 October 2020 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. 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

d. 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.

e. 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 13 - Supplementary Instructions to Bidders

EVALUATION OF OFFERORS

A. BASIS FOR AWARD

The Government will utilize the Tradeoff Source Selection Process in accordance with FAR 15.101-1 to determine best value. This process permits tradeoffs among price and non-price factors, and the Government considers it to be in its best interest to allow award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The award will be made to the Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors described in paragraph B of this section. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for all non-price factors. Offerors will be cautioned that the award may not necessarily be made to the lowest price offered.

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 the solicitation. Evaluators will ensure Offeror’s complied with all submission requirements set forth in the “Proposal Submission,” paragraph of the solicitation Section 00 21 00.

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. The non-price factors for this solicitation are listed below:

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 15.4.

Factor 4: Price

3. RELATIVE IMPORTANCE OF THE EVALUATION FACTORS. In accordance with FAR 15.304(e), the non-priced factors, when combined, are approximately equal in importance to price.

C. EVALUATION APPROACH

All proposals shall be subject to evaluation by the Source Selection Team (SST).

1. DEFINITIONS. The following definitions are provided to assist evaluators in the evaluation process:

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

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

Clarification. Limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated. See FAR 15.306.

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “Past Performance Information Retrieval System” (PPIRS) or “Federal Awardee Performance and Integrity Information System.” (FAPIIS).

2. 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 source selection 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. JVs (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.

3. RATINGS.

Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation

Factor 1 and 2 – Technical Approach and Schedule: The adjectival rating for Technical Approach and Schedule are listed and defined below:

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description

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

Purple 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.

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

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

Red Un-acceptable

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.

Risk levels as described in the adjectival ratings in the combined technical/risk rating table will be assessed according to the following guidelines:

NON-PRICE FACTOR TECHNICAL RISK RATING

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.

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. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptable Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

Factor 3 – Past Performance: The adjectival ratings for Past Performance are listed and defined below:

RELEVANCY: The first aspect of the past performance evaluation is to assess the Offeror’s past performance to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated, however, the following criteria will be used to establish what is relevant which shall include similarity of service/support, complexity, dollar value, contract type, location, and degree of subcontract/teaming.

Past Performance Relevancy Ratings:

Rating Definition

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.

PERFORMANCE CONFIDENCE ASSESSMENT: The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation gathers information from customers on how well the Offeror performed those past contracts. In conducting the performance confidence assessment, each Offeror shall be assigned one of the ratings identified below:

Performance Confidence Assessments:

Rating Definition

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.

4. NON PRICE FACTORS: Data provided in response to the non-price factors described below shall be included in Volume I, “Non-Price Proposal.”

a. Factor 1: Technical Approach. The Government will evaluate the proposed technical approach to the design and construction of the SOW included in this solicitation to assess the Offeror’s perceived ability to implement all requirements of the project contemplated by this solicitation. 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) Demonstrates an understanding of marine construction requirements.

(iii) Explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality projects in accordance with contract provisions

(iv) Demonstrates the ability specifically to perform in the Host Nation, and the familiarity with conducting business and finances in the Host Nation.

(v) Provides an adequate plan for each of the items specified under solicitation Section

00 21 00 for this factor.

b. 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., mobilization into the country, 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.

c. 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. Projects submitted for evaluation by the Offeror that contain experience with marine construction and/or are located in the Host Nation will be considered more relevant. Conversely, projects that do not contain experience with marine construction and/or are not located in the Host Nation will be considered less relevant.

The Evaluators will assign a confidence rating to each offeror based on the degree of successful performance of all recent and relevant projects identified in the proposal in response. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The Government may verify information provided by the Offeror with any source available and has the right to contact points of contact other than those listed by the Offeror. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. In rating past performance, the Government may consider available past performance information on predecessor companies, or employment histories of key personnel, or committed subcontractors performing key elements of the project. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.304(a)(2)(iv)).