AM-0001_SF-30.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

STARE IIMTC BARRACKS/TRAINING FACILITY, INTERNATIONAL INTERAGENCY MULTIFUNCTIONAL TRAINING CENTER, STARE, UKRAINE

Amendment 0001 is hereby issued to provide the follow ing:

a) site visit attendee list, b) revision to Section 00 00 00, c) revision to Section 00 10 00, d) revision to Section 01 21 00 Instructions to Offerors, e) revision to Section 01 22 00 Proposal Schedule, f) revision to Statement of Work (SOW) (rev dtd 15 October 2020), g) revision to SOW Attachment #3 - Architectural Draw ings, h) revision to SOW Attachment #5 - Facility Equipment List, i) responses to Requests for Information (RFI) via ProjNet, and j) extension of the proposal due date to 16 November 2020 at 1000 hrs Central European Time (CET).

(see continued and attached)

1. CONTRACT ID CODE PAGE OF PAGES

1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 21-Oct-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912GB20R0045

X 9B. DATED (SEE ITEM 11)

09-Sep-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

21-Oct-2020

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB20R0045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

The following have been modified:

SOLICITATION INFORMATION

US GOVERNMENT POINTS OF CONTACT:

1. CONTRACT SPECIALIST: Ms. Susan Dunnagan at Susan.K.Dunnagan@usace.army.mil Candace Lotomau at Candace.C.Lotomau@usace.army.mil

2. CONTRACTING OFFICER: LTC Christian Solinsky at Christian.Solinsky@usace.army.mil

REQUESTS FOR INFORMATION:

1. 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 10 00 - SOLICITATION

The required response date/time has changed from 26-Oct-2020 02:00 PM to 16-Nov-

2020 10:00 AM.

CLIN 0001 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job NGU Stare IIMTC Barracks/Training Facili

FFP

FOB: Destination

PSC CD: Z2FC

NET AMT

CLIN 0002 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job OPTION Equipment and Furniture

FFP

PSC CD: Z2FC

NET AMT

The following Delivery Schedule for CLIN 0001 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

455 dys. ANP U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-EC-CM-C

KONRAD-ADENAUER RING 39

WIESBADEN 65187

00995-32-277-000

WK4SF6

The following Delivery Schedule for CLIN 0002 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

455 dys. ANP U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-EC-CM-C

KONRAD-ADENAUER RING 39

WIESBADEN 65187

00995-32-277-000

WK4SF6

The following have been deleted:

SOLICITATION CONTRCT LINE ITEM

SECTION 00 21 00 - INSTRUCTIONS

INSTRUCTIONS TO OFFERORS

A. 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 solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this solicitation. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will made available for viewing under Contracting Opportunities within the Beta SAM website (https://beta.sam.gov). All amendments will be made available for viewing within Beta SAM. It shall be the Offeror’s responsibility to check the website for any amendments.

2. Site Visit. The Government will hold a site visit. Details are as follows:

a. Location: GPS coordinates: 50°08'58.0"N 31°04'50.6"E

b. Time/Date: 24 September 2020 at 10:00 AM local time

c. Registration Instructions: Offerors must pre-register their attendees no later than 16

September 2020. To Pre-Register, complete the site visit attendee information sheet (solicitation Attachment 21) submit via email to joshua.d.mueller@usace.army.mil. Offerors MUST pre-register in order to attend the site visit. IMPORTANT: Any individuals planning to attend must register in advance with their full name, organization name, job title, and passport information or they will not be permitted access to the sites—please use the attendee information sheet attached to the RFP. Also, space may be limited and as a result the number of attendees per company may be limited.

d. On Site Point of Contact. For logistics concerns and questions accessing the site, Offerors are encouraged to contact the on site point of contact. The on site point of contact will be provided via email to those that register timely to attend the site visit.

e. Project Questions. Unfortunately, the US Government cannot answer project questions on site. All project questions should be submitted via ProjNet (see paragraph A.3 below). Any answers given at the site visit are strictly unofficial.

f. Site Photographs. Please see attached location photographs for site conditions.

g. COVID19 Measures. The Government of Ukraine resumed international travel on 15 June 2020, and lifted some quarantine requirements upon announcing Phase 3. It is recommended to keep a social distance and wear face masks in closed spaces. Offerors are also recommended to follow the link to the official site of the Ministry of Health of Ukraine that updates the info regularly: https://moz.gov.ua/koronavirus-2019-ncov. See also the section below on international travel restrictions.

h. International Travel Restrictions. Interested parties are advised that the Government of Ukraine has implemented enhanced international travel restrictions due to COVID-19 pandemic. The following information is provided, which is especially important when contemplating doing work in Ukraine. This information is likely to change frequently. Interested parties needing to travel internationally into Ukraine should consult with the Ukrainian Government and US Embassy for updates.

(i) The Ministry of Health of Ukraine maintains a website that shows red and green countries according to the information on the number of active cases of COVID-19 per

100 thousand population in each country. If a visitor traveling to Ukraine has been in a green country for 14 days, there is no self-isolation (quarantine) required. If a visitor traveling to Ukraine has visited a red country within last 14 days, a 14-day self-isolation (quarantine) is required. The website will be updated every 3 days:

http://beta.moz.gov.ua/uploads/ckeditor/%D0%BA%D0%BE%D1%80%D0%BE%D0%

BD%D0%B0%D0%B2%D1%96%D0%B2%D1%80%D1%83%D1%81/%D0%86%D0

%BD%D1%84%D0%BE%D1%80%D0%BC%D0%B0%D1%86%D1%96%D1%8F%20

%D0%BF%D0%BE%20%D0%B0%D0%BA%D1%82%D0%B8%D0%B2%D0%BD%

D0%B8%D1%85%20%D0%BD%D0%B0%20100%20%D1%82%D0%B8%D1%81.%2

0%D0%BD%D0%B0%2014%20%D1%87%D0%B5%D1%80%D0%B2%D0%BD%D1

%8F.pdf

(ii) The US Embassy Kiev's website matches the above statement (https://ua.usembassy.gov/covid-19-information/): “The Ukrainian government has lifted the entry ban for foreigners. U.S. citizens will be allowed to enter Ukraine if they can demonstrate that they have medical insurance covering all expenses related to COVID-19 treatment while on the territory of Ukraine. U.S. citizens entering Ukraine will be required to enter into self-quarantine if the Ministry of Health considers the United States a country with high incidence of COVID-19. That determination will be reviewed and communicated to Border Police every three days, as well as published on their website [at https://moz.gov.ua/koronavirus-2019-ncov]. Accordingly, U.S. citizens traveling to Ukraine should check the latest determination prior to travel and be prepared to self-isolate if advised to do so upon arrival. Commercial international passenger services to and from Ukraine will gradually resume as of June 15. U.S. citizens interested in departing Ukraine can find information about future flights by visiting the airlines’ websites. Many land border checkpoints with neighboring countries have re-opened. You can find a full list of currently open border crossings [at https://dpsu.gov.ua/ua/De-mozhna-peretnuti-kordon-avtotransportom/].”

3. Inquiries. Offerors with technical inquiries shall submit their inquiries in writing via “Bidder Inquiry” in

ProjNet at www.projnet.org\projnet. The bidder inquiry key is 3WWIUE-YSC38N. 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 calendar days prior to the stated deadline for offers. All Offerors are encouraged to register on ProjNet for alerts so as to stay abreast of Q&A’s that are posted in reference to this solicitation. Only self-registered users on ProjNet can submit & 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.

4. 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. Electronic submissions shall be via email to both the Contract Specialist, Susan Dunnagan, at susan.k.dunnagan@usace.army.mil Candace Lotmau, at Candace.C.Lotomau@usace.army.mil, and the Contracting Officer, LTC Christian Solinsky, at Christian.Solinsky@usace.army.mil As an alternative, Offerors may utilize the DoD SAFE Site (https://safe.apps.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. If utilizing the DoD SAFE site, the file size limitation is 8GB.

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) “W912GB20R0045 RESPONSE Firmname Volume I.pdf”

(2) “W912GB20R0045 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. 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 solicitation document. The time & date of proposal receipt will be the delivery time & date recorded of email receipt on the Government’s server. Do not assume that electronic submission will occur instantaneously. Offerors should time their email submission 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 may be emailed to Susan Dunnagan, Contract Specialist (susan.k.dunnagan@usace.army.mil) and Contracting Officer, LTC Christian Solinsky, at Christian.Solinsky@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 2017),” subparagraph (e), which is found in Section 00 21 00 of the solicitation. 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=kb00131

83. 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=KB0013

2. Submission Requirements, Volume I, Non-Price Proposal: Volume I shall include a section for each Non-

Price factor. Volume I shall be organized as follows:

a. Section A - Executive Summary. Include a one page cover letter, and any applicable executed Joint Venture (JV) agreements or other evidence of formal teaming agreements.

i. JV agreements shall include the following:

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

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

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

(b) The management approach of the JV in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the JV and perform the duties necessary to complete the work.

(c) The structure of the JV and decision-ranking responsibilities of the JV 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 JV to subcontracts and state who will provide or contract for the labor and materials for the

JV.

(e) Identification of party maintaining the JV 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 JV.

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

(g) Identification of party having overall control of the JV.

(h) A statement that the JV partners are jointly and severally liable under the contract.

(3) Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual JV parties and identify the party, or hired as employees of the

JV.

(4) If one of the JV parties possesses relevant experience and/or past performance, the experience and/or past performance of that firm will be considered as the experience and/or past performance of the JV.

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

ii. Other formal teaming agreements shall include the following:

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

b. Section 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 construction of barracks as provided within the SOW. There is a limit of twenty single spaced typed pages (A4 or letter size), using at a minimum a 10 pitch font. If more than twenty pages are submitted, only the first twenty pages will be reviewed and evaluated. Only the title page and table of contents will not be counted toward the page count. A quality technical approach should contain a description of the following:

(1) Make up of teams by trade and the typical number of people per team

(2) Any specialized tools and equipment, required to accomplish the SOW.

(3) How the Offeror will ensure cost effective purchase of building materials

(4) A 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

(5) Safety processes

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

(7) Subcontracting Plan that specifies which technical aspects the Offeror plans to self– perfrorm as the prime contractor and which tasks the subcontractor(s) will perform, 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.

c. Section 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 not exceed eight (8) pages (A4 or letter size), using at a minimum a 10 pitch font and should accomplish the following:

(1) Define what primary assumptions used in the Offeror’s schedule.

(2) Discuss skilled and unskilled labor requirements the Offeror anticipates for critical schedule elements.

(3) Identify how the Offeror will manage submittals in advance (e.g. 30, 60, and 90 days out), and discuss what potential issues it anticipates and how it will proactively resolve them.

(4) Discuss how the Offeror will manage subcontractors from a schedule perspective.

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 may be submitted utilizing 11x17 format. 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 if applicable. 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) Notice to Proceed (NTP)

(4) Shop Drawing preparation

(5) Site Mobilization

(6) Submission of each design submittal required in the SOW.

(7) Design submittal review periods as specified in the SOW

(8) Preconstruction submittals

(9) Initial and Final Inspections

(10) Closeout documents

(11) Construction completion

iii. Schedule Assumptions. For the purposes of evaluation under this factor, the Offeror should utilize the following assumptions: plan for a 455 calendar day construction duration, Offeror shall use the dates of 15 January 2021 for award and 01 March 2021 for issuance of the NTP, and should prepare the schedule assuming that all base line items and options wil be awarded on that date.

d. Section D- Factor 3, Past Performance. Offerors shall provide a completed performance record for up to four (4) projects completed by the Prime Contractor (or substantially completed) within the last six (6) years (from the proposal due date) which are similar to this project in size, scope, and complexity (refer to the list of items under Factor 3: Past Performance of Section 00 21 16). Offerors shall complete Attachments 16 – Experience Information Sheet and Attachment 17 – Experience Overview Sheet. Attachment 17 is limited to three (3) pages per project, minimum 10 pitch font. Attachment 16 shall be completed as instructed with no additional details. Substantially complete is defined as “the Contractor has completed the work and related contract obligations in accordance with the contract documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work.” Offerors must specifically cite the work they were responsible for under each project (i.e. if the Offeror was a JV on a prior project but not submitting as a JV for this project or if utilized subcontractors to perform work on prior projects, the Offeror must provide what work the Offeror performed only). Separate contracts (or IDIQ task orders) may not be combined in order for the project to be considered similar. Additionally, Offerors are cautioned to provide enough detail for an assessment to be documented. If available, a completed record from the Contractor’s Performance Assessment Reporting System (CPARS) will be accepted for evaluation under this factor. An interim completed CPARS rating will be considered if a final record is not available. If a completed CPARS record is not available at all, Offerors shall complete and provide a Past Performance Questionnaire (PPQ). A blank PPQ form is provided as a solicitation Attachment 18.

PPQ Instructions: If a CPARS record is unavailable, the offeror shall complete Blocks 1-4 of the provided PPQ and have the Contracting Activity and the Technical Representative responsible for the past/current contract complete the remainder of the PPQ. Offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs shall be submitted with the proposal, and shall not exceed four (4) pages each. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact via email no later than the closing date of this solicitation. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant directly related or similar past performance. Offerors are encouraged to request narratives to support PPQ ratings.

Also include performance recognition documents received for the projects such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors shall provide a copy of any Cure Notices or Show Cause Letters received by the offeror for each submitted project and a description of any corrective action implemented by the offeror. The offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination. The Government may call and confirm past performance information provided by the offeror. The Government reserves the right to interview other individuals if the point of contact is not available. 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: For purposes of evaluating past performance, the Prime Contractor is defined as the contractor identified in Block 14 of the Standard Form 1442. If more than one contractor is listed in Block 14, then a signed JV must be submitted with the proposal and the JV shall be registered as such in the System for Award Management (SAM). However, each party of the JV must submit their own DUNS number with the JV proposal. Projects performed by other contractors than the offeror, such as teaming partners or subcontractors, may be evaluated for past performance; however, appropriate documentation (agreements) must be provided as discussed within Submission Requirements, Volume I, Non-Price Proposal above. If the Offeror represents the combining of two or more companies as a JV for the purpose of this solicitation, each company in the JV may submit project examples, but the total submitted by the JV will not exceed three (3). The same shall apply for teaming agreements/subcontractors.

3. Volume II, Price Proposal and Administrative Matters: Volume II shall include the following:

a. Section A- A completed Standard Form (SF) 1442, using a printed copy of the SF 1442 included in this solicitation for the contract. As applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging the amendments.

b. Section B- Completed Price Schedule. Offerors shall submit a completed Section 00010, Proposal Price

Breakout Schedule, including proposed prices for all items.

c. Section C- Bank Letter of Assurance (BLA) and Bank Letter of Guaranty (BLG):

i. Offerors shall submit a BLA in the amount of 10% of the proposed price. See format provided as solicitation Attachment 19. 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.

ii. Within SEVEN (7) 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 ten percent (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.

As an alternative, other bonds and financial protections may be accepted, see the following:

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. 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.

3. 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.

4. 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.

iv. Section 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 and DFARS Report” that demonstrates all completed representations and certifications as recorded at www.sam.gov.

v. Section E-Financial Information Offerors shall submit financial information to demonstrate they have adequate financial resources to perform the contract, or the ability to obtain them. For example, past three years financial statements, annual reports, Dunn & Bradstreet Ratings, and/or bank name, number and POC, etc.

DICUSSIONS

1. GENERAL INFORMATION. The Government intends to award without discussions, in accordance with the provisions of the solicitation and applicable acquisition regulations. Pursuant to FAR 15.306(d), however, discussion sessions may be held if the Contracting officer determines them necessary to determine a fair and reasonable price and/or to determine that the award will satisfactorily provide the Government its requirement.

Should discussions take place, a competitive range will be established, and all Offerors in the competitive range will be allowed an opportunity to submit Final Proposal Revisions. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

2. DISCUSSION SCHEDULING. If discussions are conducted, the Contracting Officer will schedule the discussion sessions, and each Offeror will be notified in advanced. The Contracting Officer will provide additional instructions with the notification.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

EVALUATION CRITERIA

EVALUATIONS 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 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. Affiliates. In the case of an Offeror’s affiliates, experience and/or past performance of an

Offeror’s “affiliate,” as that term is defined in FAR 2.101 will be evaluated (as described within this section) if the Offeror demonstrates a firm commitment that the affiliate will participate meaningfully (e.g., roles, responsibilities, etc.) in the performance of the contract resulting from this solicitation. This commitment, nature of each entity’s relationship and meaningful participation shall be described in a document signed by authorized representatives of both the Offeror and its affiliate.

If a teaming agreement or commitment is not provided, the experience and/or past performance of any team members outside of the Prime Offeror will not be considered.

c. 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 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:…