W912GB21R0001-solicitation.pdf

DESIGN BUILD (DB) AND DESIGN BID-BUILD (DBB) CONSTRUCTION $400M MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) IN SUPPORT OF DEPARTMENT OF DEFENSE (DOD) AND FEDERAL AGENCIES LOCATED ON US MILITARY INSTALLATIONS OR IN SUPPORT OF

DEFENSE OPERATIONS WITHIN GERMANY (DE), BELGIUM (BE), AND THE NETHERLANDS (NL)

Primary Point of Contact (POC) for this solicitation w ill be as follow s:

Contract Specialist, Ms. Oksana Strekha (Primary POC) Email address: Oksana.Strekha@usace.army.mil

CANDACE C LOTOMAU

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

17-Dec-2020

(RFP)

(IFB)

X

CALL:

DB/DBB IDIQ MATOC - DE/BE/NL

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Order RFP

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________19 Jan 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

BAS-20-0018

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

FAX:TEL: TEL: FAX:

W912GB21R0001 81

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

W912GB21R0001

Section 00 01 10 - Table of Contents

REQUEST FOR PROPOSALS NO. W912GB21R0001

MAIN TABLE OF CONTENTS

FY21 Design-Build (DB) and Design-Bid-Build (DBB) Construction $400M Multiple Award Task Order Contract (MATOC) in support of

Department of Defense (DoD) and Federal Agencies located on Military Installations or in Support of Defense Operations within Germany (DE), Belgium (BE), & the Netherlands (NL)

SECTION TITLE

Section 00 10 00 Solicitation [Contract Line Item Number (CLIN) Schedule] Section 00 21 00 Instructions Section 00 45 00 Representations and Certifications Section 00 70 00 Conditions of the Contract Section 00 71 00 Definitions Section 00 73 00 Supplementary Conditions Section 01 00 00 Summary of Work Section 01 30 00 Administrative Requirements

ATTACHMENTS:

Attachment 1 – Contractor Past Experience Overview Sheet Attachment 2 – Contractor Past Experience Information Sheet Attachment 3 – USACE Past Performance Questionnaire (to be completed by Client) Attachment 4 – ProjNet Instructions Attachment 5 – Sample Commitment Letter Attachment 6 – Bank Letter of Assurance Sample Attachment 7 – Bank Letter of Guaranty Sample Attachment 8 – Pricing Schedule No. 1 Attachment 9 – Seed Project RFP (will be issued in Phase II only to the Offerors requested to move to Phase II) Attachment 10 – Price Schedule No. 2 (will be issued with Seed Project in Phase II) Attachment 11 – Bonds and Other Financial Protections

SPECIFICATIONS:

The following specifications are incorporated by reference to this contract and all task orders (as applicable):

SECTION 00 74 01 SPECIAL CONDITIONS (NAU) JUN 2020

SECTION 00 74 02 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU) MAY 2020

SECTION 00 74 10 SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU) MAY 2020

SECTION 00 74 70 ANTI-TERRORISM/OPERATIONS SECURITY REQUIREMENTS OCT 2019

SECTION 01 30 01 GENERAL REQUIREMENTS (NAU) MAY 2020

SECTION 01 32 01 PROJECT SCHEDULE (NAU) MAY 2020

SECTION 01 33 00 SUBMITTAL PROCEDURES (NAU) JUN 2020

SECTION 01 33 16 DESIGN AFTER AWARD DEC 2019

SECTION 01 35 26 SAFETY REQUIREMENTS (NAU) MAY 2020

SECTION 01 45 00 QUALITY CONTROL (NAU) MAY 2020

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

SECTION 01 45 05 CONTRACTOR PERSONNEL REQUIREMENTS (NAU) MAY 2020

SECTION 01 45 10 DESIGN QUALITY CONTROL OCT 2019

SECTION 01 78 00 CLOSEOUT PROCEDURES (NAU) JUN 2020

SECTION 01 78 23 OPERATION AND MAINTENANCE DATA (NAU) JUN 2020

DIN CONVERSION TO EUROPEAN STANDARD

CONSTRUCTION SIGNS (DE)

CONSTRUCTION SIGNS (EN)

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 400,000,000 Job

DE/BE/NL MATOC

FFP

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

The minimum guarantee for the entire contract is $2,500.00. Upon issuance of a future Task Order that covers the minimum guarantee, the amount of $2,500.00 will be deobligated.

BASE PERIOD: 5 years from award

The entire contract shall not exceed the shared capacity of $400,000,000.00.

FOB: Destination

PSC CD: Y1JZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 5 yrs. ADC 400,000,000 U.S. ARMY CORPS OF ENGINEERS, EUROPE

CENAU-CT

KONRAD-ADENAUER RING 39

WIESBADEN 65187

(+49)611-9744-2600 FOB: Destination

WK4SF6

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.217-5 Evaluation Of Options JUL 1990 52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 252.236-7006 Cost Limitation JAN 1997

CLAUSES INCORPORATED BY FULL TEXT

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

CERTIFIED COST OR PRICING DATA (OCT 2010)

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

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

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

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

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

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

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

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

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

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

US ARMY CORPS OF ENGINEERS

CONTRACTING DIVISION (CENAU-CT)

KONRAD ADENAUER RING 39

65187 WIESBADEN GERMANY

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

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

Name: To be announced for each individual task order.

Address: To be announced for each individual task order.

Telephone: To be announced for each individual task order.

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

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

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

SECTION I

SOLICITATION PROVISIONS

Section 00 21 00 Instructions to Offerors

A. INTRODUCTION

1. The US Army Corps of Engineers (USACE) Europe District (NAU) intends to award a target of seven (7) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Design-Build and Design-Bid-Build Construction providing new facilities and real property repair and maintenance in support of defense operations within Germany (DE), Belgium (BE), and the Netherlands (NL). 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. All task orders under this MATOC shall not exceed the total shared capacity of $400,000,000.00. Each awardee will be given fair opportunity for each order in accordance with FAR 16.505(b)(1). The Government may exceed the stated minimum/maximum task order limitation upon mutual agreement of all parties (see FAR 52.216- 19 in the RFP).

3. For the purposes of this Solicitation, the Government will utilize the Two-Phase Design-Build Selection

Procedures in accordance with FAR 36.303.

a. In Phase ONE, interested firms or joint venture entities (referred to as “Offerors”) shall submit specified performance capability proposals, demonstrating their capability to successfully perform task orders under the awarded contract. The Government will evaluate the qualifications in accordance with the criteria described in this Solicitation and intends to advance a maximum of ten (10) of the most highly qualified Offerors to submit competitive proposals in Phase TWO.

b. In Phase TWO, the Government will evaluate both technical capability and price. Only those Offerors who receive a written notification that their firm has been selected to participate in Phase TWO of this Solicitation are invited to submit a Phase TWO proposal. Those Offerors selected for Phase TWO will be provided the technical requirements package for a Seed Task Order that will be representative of the type work and task orders anticipated to be issued under any resultant contract(s). The Government intends to award a target of seven IDIQ contracts resulting from Phase TWO. The Government’s Phase TWO evaluation approach will utilize the Best Value Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to determine best value. See Section 00 22 20 for further details on the Government’s Phase TWO evaluation approach.

4. Seed Task Order: The Government intends to award a seed project to one of the successful MATOC awardees at the same time as the MATOC award. The basis for award for the seed task order will be best value tradeoff and will use the same non-price evaluation criteria and relative importance as the MATOC award decision.

B. PRE-PROPOSAL CONFERENCE

The Government does not intend to hold a pre-proposal conference for Phase ONE. For Phase TWO, a combined pre-proposal conference with site visit at the seed project location will be announced to the Phase TWO offerors.

Only the most highly qualified offerors selected from Phase ONE will participate in the pre-proposal conference for Phase TWO.

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 be made available for viewing at the Beta SAM website (http://www.beta.sam.gov). All amendments will be made available for viewing in Beta SAM. It shall be the Offeror’s responsibility to check the website for any amendments.

2. 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: CZ7REC-3RY479

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 must 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.

3. 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 of proposal shall be via email to both the Contract Specialist, Oksana Strekha, at Oksana.Strekha@usace.army.mil and the Contracting Officer, Christopher Tew, at Christopher.A.Tew@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) “W912GB21R0001 RESPONSE Firmname Phase I Volume I.pdf”

(2) “W912GB21R0001 RESPONSE Firmname Phase I Volume II.pdf”

(3) “W912GB21R0001 RESPONSE Firmname Phase II Volume I.pdf”

(4) “W912GB21R0001 RESPONSE Firmname Phase II Volume II.pdf”

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

e. Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on the Solicitation document. The time & date of proposal receipt will be the delivery time & date recorded of email receipt on the Government’s server. 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 hours—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 Oksana Strekha, Contract Specialist (Oksana.Strekha@usace.army.mil), but be advised they will be considered late and as such will be processed in accordance with FAR 15.208.

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

SPECIAL NOTICE: System for Award Management. Please take notice that the System for Award Management (SAM, www.sam.gov) has an 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 be 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

SECTION II

SOLICITATION PROVISIONS

Section 00 22 10

Phase ONE of TWO Design-Build Selection Procedures

In Phase ONE of the TWO phase design-build selection procedures, interested firms or JV entities (collectively referred to in the Solicitation as “Offerors”) submit proposals demonstrating their capability to successfully execute design-build and design-bid-build construction task orders resulting from a contract award under this Solicitation.

The Government will evaluate the performance capability proposals in accordance with the criteria described herein and intends to select a maximum of ten (10) of the most highly qualified Phase ONE Offerors to compete in Phase TWO. Offerors will be notified whether they have or have not been selected to participate in Phase TWO by the Contracting Officer. In Phase TWO, the most highly qualified Offerors will submit proposals in accordance with Section 00 22 20.

A. PHASE ONE PROPOSAL AND RELATED EVALUATION FACTORS

The Government Source Selection Team (SST) will evaluate proposals according to the factors listed below.

Offerors are required to provide data addressing all stated factors in a clear and understandable format. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration.

The following Factors will be evaluated in Phase ONE.

Factor 1: Past Performance Factor 2: Management Approach

1. VOLUME I

a. Section A - Executive Summary. Include a one (1) page cover letter and any applicable fully-executed JV agreements and fully executed teaming agreements.

i. The cover letter shall be in accordance with FAR 52.215-1(c)(2), including:

(1) The Solicitation number.

(2) The Offeror’s name, address, and phone/email contact information.

(3) 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.

(4) 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.

(5) 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.

ii. 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.

(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) A statement in the agreement that each member of the JV will be jointly and severally liable for any obligations under the contract.

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

iii. 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, Past Performance.

SUBMISSION REQUIREMENTS:

Offerors shall submit up to five (5) projects that meet the following criteria for recent and relevant projects. If more than five (5) projects are submitted by an Offeror, the Government will only review the first five (5) projects. The projects will be reviewed in the order in which they are received in Offeror’s submitted proposal.

i. The project was completed no earlier than six (6) calendar years before the closing date of the

RFP or is at least 75% complete at the closing date of this RFP.

ii. The project is for design-build or design-bid-build construction work. An Offeror shall provide at least one design-build project. (Note: Projects should be submitted from construction contracts or design-build construction, not Architect-Engineer contracts).

iii. The project had a minimum cost of €1,000,000.00.

iv. The project was performed by the Offeror as the Prime.

If the Offeror wants the Government to consider a Teaming Arrangement and Joint Ventures for its past performance (see requirements in Team Arrangements Section below); it shall provide a Letter of Commitment signed by both firms and identify all such entities in its Factor 1 proposal and provide at least one qualifying sample project for each such entity. Please note: the proffered projects should reflect the same or significantly similar scope of work that will be performed by that entity under this Contract.

NOTE: Where a project was awarded as a task order or delivery order under an Indefinite Delivery / Indefinite Quantity type contract, Offerors are cautioned to submit information specific to the task or delivery order rather than the base contract.

Include a completed Factor 1 Overview Sheet and a completed Factor 1 Information Sheet for each project. Sample sheets are provided as RFP attachments 1 and 2. Experience Information sheets shall not exceed four (4) pages per project.

For each project submitted under Factor 1, Offerors shall include completed Contractor’s Performance Assessment Reporting System (CPARS) record or completed Past Performance Evaluation Questionnaire Form. If available, a completed record from the 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) Form, provided as RFP Attachment 3.

PPQ Instructions: The Offeror shall complete Blocks 1-4 of the provided Past Performance Questionnaire 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 Past Performance Questionnaires should be submitted with the proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should 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 RFP.

Also include copies of performance recognition documents received for the Factor 1 projects such as awards and/or award fee determinations. 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.

EVALUATION CRITERIA:

The Government will evaluate the extent of recent, relevant performance of the prime offeror and team members and assign one confidence rating for this factor.

The Government will evaluate each Offeror’s demonstrated record of performance on recent and relevant projects that involve a similar scope, magnitude of effort, and complexities as this solicitation.

Then, the Government will evaluate the Offeror’s quality of performance to determine a confidence assessment rating. Projects that are considered to be more relevant will have more influence on the past performance confidence rating.

The SST will first assess whether the projects submitted each meet the criteria for recent and relevant projects for Factor 1. Then, the Government will evaluate the Offeror’s quality of performance on the evaluated projects and may review any other sources of information for evaluating past performance to determine a confidence assessment rating.

The Government may consider projects more relevant if they consist of all of the recency and relevancy criteria (listed in the submission requirements).

Offerors are encouraged to submit a combination of projects demonstrating as many relevant characteristics as possible. For the purposes of evaluation under this factor, more consideration may be given to an Offeror that demonstrates experience that involve the following:

a. Projects that demonstrate experience working in the European Union, projects in Germany, Belgium, or the Netherlands will be considered more relevant.

b. Projects that demonstrate experience working with the United States Government, more consideration may be given for experience working with the Department of Defense.

c. Project portfolios which demonstrating experience working in both new construction and major renovations (e.g. structural changes) of existing buildings.

d. Project portfolios demonstrating experience working in both horizontal and vertical construction.

e. Projects demonstrating experience working with proposed Key Subcontractors, team members and/or the proposed JV Partners.

PAST PERFORMANCE: The SST will then evaluate Offerors under this factor to determine how likely it is that Offerors will be successful when performing task orders under the awarded contract. The Offeror's past performance will be evaluated based on performance on projects submitted under Factor

1. Please note the Government reserves the right to review all recent past performance records available to make a confidence determination to include other projects not submitted by the Offeror. The Government also reserves the right to review past performance of any Subcontractors or JV partners the Offeror may have submitted. Key focus areas will include the following (see PPQ Form):

Quality Schedule/Timeliness of Performance Customer Satisfaction Management/Personnel/Labor Cost/Financial Management Safety/Security

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 Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, JV, 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 15.305(a)(2)(iv)). 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.

For the Past Performance evaluation, the evaluation will include a relevancy rating and confidence assessment, as detailed below.

i. Past Performance Relevancy Rating. The first aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection.

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.

ii. Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. In conducting the 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.

c. Section C - Factor 2, Management Approach.

The Offeror shall provide a Management Plan, which shall include at a minimum:

i. An organizational chart and narrative description of the Offeror’s overall structure and management of the project team from the Offeror’s Headquarters to the Offeror’s site office(s).

The chart and narrative must:

identify all offices involved in this contract identify position(s) to communicate with the U.S. government identify all positions by title, organization, and physical location, including known subcontractors and consultants include lines of reporting and technical areas of responsibility under the contract clearly show the lines of authority of the Offeror’s Project Manager, Quality Control and

Safety Organization, including all JV Partners and subcontractors, when applicable

ii. Discuss how the Offeror will ensure quality consistently across the team. Discuss quality control lines of authority between subcontractors and prime.

iii. Discuss how the Offeror will ensure safety consistently across the team. Discuss safety lines of authority between subcontractors and prime.

iv. Discuss the Offeror’s plan to obtain, retain, coordinate, and manage subcontractors. Include any established relationships with organizations qualified for work within the scope of this RFP, including number of projects that have been completed together and/or number of years of partnering. Identify the significant aspects of the work that are to be self-performed and those that will be subcontracted, if known. Identify the nature and overall estimated percent of work that will be performed by the Prime Contractor and key sub-contractors. Offerors are reminded of the requirements of FAR 52.236-1, Performance of Work by the Contractor.

v. Discuss the Offeror’s Criteria for selection of the Designer(s) of Record for types of work to be accomplished under this contract.

vi. Discuss knowledge of engineering and design in Germany, Belgium, and the Netherlands to include coordination with local authorities and the ability to communicate in English.

vii. Discuss the Offeror’s plan and capability to manage multiple task orders concurrently at multiple locations and countries.

Offerors should identify any additional and/or unique management advantages their proposal provides to the Government.

The Management Plan shall not exceed 20 pages and will not be read or evaluated beyond the first 20 pages.

EVALUATION CRITERIA:

The Management Plan will evaluate the Offeror’s proposed method for accomplishing work under this MATOC. The Offeror must demonstrate an understanding of the specific requirements associated with the design, construction, and administration responsibilities associated with projects for the US Government as spelled out in the Solicitation documents and demonstrate their ability to accomplish those requirements. The Offeror’s Management Approach also will be used as a means to evaluate organizational structure and teaming relationships proposed by the Offeror, in order to gauge the likelihood for successful project execution.

The Offeror’s Management Plan will be evaluated for completeness, reasonableness, risk, and logic.

The Government will evaluate whether and to what extent the management plan:

i. Clearly defines the planned organization structure and presents a logical, viable approach to perform the work described in the RFP documents and achieve the desired quality.

ii. Delineates lines of authority appropriately including the relationship between the headquarters’ office and the site office, including all involved with the management of the contract including subcontractors and JV partners (where applicable) and identifies which personnel are identified to communicate with the Government.

iii. Comprehensively describes the duties, roles, major responsibilities, and authorities for key personnel, including roles of authorities for subcontractors and JVs.

iv. Describes management for performance of a potential task order including Offeror’s planned approach to the following:

quality control staffing (both management and labor to perform a typical design and construction project) obtaining, retaining, coordinating, and managing subcontractors.

v. Whether the Offeror demonstrates a thorough knowledge of engineering and design in

Germany, Belgium, and the Netherlands to include coordination with host nation authorities.

vi. Whether the Offeror demonstrates a thorough understanding of certification and registration requirements for companies in Germany, Belgium, and the Netherlands and the ability to meet the requirements along with the demonstrated ability to communicate in English.

viii. Whether the Offeror demonstrates the ability to manage and perform multiple task orders concurrently at multiple locations in Germany, Belgium, and the Netherlands.

For this factor, Offerors will be assigned a combined technical/risk rating from the following table, based on the evaluation of the Offeror’s proposal in accordance with the requirements of the Solicitation:

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.

3. VOLUME TWO – ADMINISTRATIVE MATTERS

a. Section 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

b. Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed

Standard Form (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. Section C – 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…