W912GB22R0004 Amendment 0001.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

See Section SF 30 Block 14 Continuation Page

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY

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 W912GB22R0004

X 9B. DATED (SEE ITEM 11)

22-Sep-2022

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

31-Oct-2022

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:

W912GB22R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 01 CHANGES

The purpose of this amendment is to:

1. Change Maximum Task order limit from $2,500,000 to $5,000,000 in Section 00 73 00 – Supplementary Conditions and in FAR Clause 52.216-19 Order Limitations (OCT 1995).

2. Change Section 00 73 00 – Supplementary Conditions Sections 1.2 Task Orders paragraph e) and

1.3 Requests for Task Order Proposals paragraph b. (2).

3. Change BLA/ BLG, Bid Guarantee amount from $3M to $500,000 under Section 00 21 Instructions of Offerors Section D Bonds and other Financial Protections

4. Provide updated BLA/BLG Templates.

5. Change Section 00 22 Evaluation Factors paragraph 4 Non Price Factors adding “and where focus of work performed as the prime was Sustainment, Restoration, and Modernization (SRM) work.

6. Change Section 00 21 00 Instructions to Offerors, 2. Commitment Letters paragraph b. Section B

– Factor 1, Past Performance changing “from proposal due date” to “before the solicitation issuance date.

7. Change CLIN 0002 – 0005 from option CLINs to base year CLINs.

8. Solicitation updated to five year base.

9. The proposal due date is extended to 17 November 2022 at 11:00am Central European Time.

***Changes are in red strikethrough was deleted and red with no strikethrough was added.

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 31-Oct-2022 11:00 AM to 17-Nov-2022 11:00 AM.

The number of offeror copies required has increased by 1 from 0 to 1.

Global Changes

CLIN 0001 -- CLIN 0006

The pricing detail quantity 1.00 has been added.

The unit of issue Job has been added.

CLIN 0001

The CLIN description has changed from Turkey JOC - Base Period to Turkey JOC - Base Year 01.

The CLIN extended description has changed from:

Base Period of One (1) Year: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance. The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base and four (4) option periods. Base Period CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

To:

Base Period Year One: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the five year base. Base Year 01 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

CLIN 0002

The CLIN description has changed from Turkey JOC - Option Period 01 to Turkey JOC - Base Year 02.

The CLIN extended description has changed from:

Option Period of One (1) Year: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance. The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base and four (4) option periods. Option Period 01 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

Base Year Two: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the five year base. Base Year 02 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

The option status has changed from Option to No Status.

CLIN 0003

The CLIN description has changed from Turkey JOC - Option Period 02 to Turkey JOC - Base Year 03.

The CLIN extended description has changed from:

Option Period of One (1) Year: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance. The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base and four (4) option periods. Option Period 02 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices

Base Year Three: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the five year base. Base Year 03 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

CLIN 0004

The CLIN description has changed from Turkey JOC - Option Period 03 to Turkey JOC - Base Year 04.

The CLIN extended description has changed from:

Option Period of One (1) Year: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance. The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base and four (4) option periods. Option Period 03 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices

Base Year Four: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the five year base. Base Year 04 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

CLIN 0005

The CLIN description has changed from Turkey JOC - Option Period 04 to Turkey JOC - Base Year 05.

The CLIN extended description has changed from:

Option Period of One (1) Year: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance. The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base and four (4) option periods. Option Period 04 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices

Base Year Five: Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC). The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the five year base. Base Year 05 CLIN includes Coefficients for Area 1 - 4 "Pre-Priced Coefficient (Regular Hours)" "Pre-Priced Coefficient (Other than Regular Hours)" and "Non Pre-Priced Coefficient" items.All task orders will be awarded and invoices paid in US dollars.

CLIN 0006

The CLIN extended description has changed from:

The Government reserves the right to exercise FAR 52.217-8, Option to Extend Services. The Government may require continued performance of any services within the limits and at the previous year's rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. Contractors shall not provide pricing for the six month extension. Evaluation and Inclusion of this option does not obligate the Government to exercise the option.

The Government reserves the right to exercise FAR 52.217-8, Option to Extend Services. The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. Evaluation and Inclusion of this option does not obligate the Government to exercise the option.

The cost constraint NSP has been deleted.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

PROPOSAL SUBMISSION

Section 00 21 00 Instructions to Offerors

When the word “Offeror” is encountered, 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.

Note: Proposal Expenses and Pre-Contract Costs: This request for proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

System for Award Management (SAM). Contractors (including Joint Venture entities) shall be registered in SAM and determined to be responsible prior to Award. For more information, see the SAM website at (https://sam.gov/). Please ensure that NAICS code 236220 – Commercial and Institutional Building Construction is listed in your SAM registration.

A. PRE-PROPOSAL CONFERENCE

The Government will hold a pre-proposal conference. Details are as follows:

1. Location: The proposal conference will be located in Ankara, Turkey.

2. Date/ Time: The conference will take placed on 19 October 2022 from 0900 –

1300hrs.

3. Registration Instructions: Due to limited space, attendees are limited to no more than two (2) individuals per firm/ company. Offerors must pre-register their attendees no later than 7 October 2022 at 1400 hrs Central European Summer Time. To Pre-Register, provide Shanda Weekes, Contract Specialist with name (First & Last), country of residence, company, day-time telephone number, e-mail address and your reason for attending (for example: Prime Contractor, Subcontractor, etc.). E-mail requests beyond the due date may not be accepted. Telephone requests will not be accepted.

B. 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) 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 SAM website https://www.sam.gov. All amendments will be made available for viewing within SAM. It shall be the Offeror’s responsibility to check the website for any amendments.

2. Inquiries. Offerors with technical inquiries shall submit their inquiries via “Bidder

Inquiry” in ProjNet at www.projnet.org\projnet.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click to continue. From this page you may view all bidder inquiries or add inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as single inquiries. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The solicitation number is: W912GB22R0004 The bidder inquiry Key is: DZK9WJ-T6E2HE

The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. If the System is not closed in a timely manner, an inquiry posted within seven calendar days of the receipt of proposals will still be regarded as untimely and will not afforded a substantive response.

The Government reserves the right to decline addressing certain questions.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The bidder call center operates weekdays from 8am to 5pm U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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.

Proposals must be submitted electronically to Shanda Weekes, Contract Specialist at Shanda.Weekes@usace.army.mil and Christopher Brackett, Contracting Officer at Christopher.Brackett@usace.army.mil through the DoD Secure Access File Exchange (SAFE) site located at https://safe.apps.mil/ (Non-CAC Users).

Offerors must request a drop off code within 3 days before the solicitation closes from the Contract Specialist to utilize the DoD SAFE site.

b. File Size Limitations. The DoD SAFE site file size limitation is 2GB.

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. “W912GB22R0004 RESPONSE Firmname Volume I.pdf”

2. “W912GB22R0004 RESPONSE Firmname Volume I Part 1.pdf”

3. “W912GB22R0004 RESPONSE Firmname Volume I Part 2.pdf”

4. “W912GB22R0004 RESPONSE Firmname Volume I diagrams, figures.pdf”

5. “W912GB22R0004 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 no smaller than 12-point font. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages.

Page is defined as a sheet of paper with text on both sides sized to print on 8 ½” x 11” paper. Pages furnished for organizational purposes only, such as a cover page, tabs or separator pages or a table of contents are not included in the page limitation. Corporate Certificates, Partnership agreements and Licenses are not included in page limitations.

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 each section for each factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e., doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

e. Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded on the Government’s server. Do not assume that electronic submission will occur instantaneously. It is an Offeror’s responsibility to ensure its proposal is received by the Government system by the proposal deadline. Undeliverable messages due to an Offeror’s proposal size or IT issues are not the responsibility of the Government. Offerors should time their proposal submission with prudence by not waiting until the last few hours—this will allow for unexpected delays in the transmittal process and troubleshooting.

A total of one (1) electronic copy submitted through the Safe Access File Exchange (SAFE) site must be received on or before the closing due date and time specified on the solicitation document.

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 Selection 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.

SPECIAL NOTICE: System for Award Management. Please take notice that the System for Award Management (SAM, www.sam.gov) has a requirement that firms submit an "original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Unique Entity ID (UEI) before the registration will be activated." This applies to all new entity registrations and all entity registration renewals.

Please also refer to Federal Service Desk's (FSD) instructions on how to comply with this requirement. NOTE: the instructions are different for domestic (U.S.

based) and international (not U.S. based) firms. Offerors are reminded that this solicitation includes the provision FAR 52.204-7 SAM, and the resulting award will include the clause FAR 52.204-13 SAM Maintenance. These provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11. In order to be eligible for the contract award resulting from this solicitation, Offerors are advised to take immediate action to ensure their SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office.

4. Proposal Format, Volume I, Non-Price Proposal: Volume I shall include an

Executive Summary section for and 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 agreements or Commitment Letters.

1. Joint Ventures. For purposes of evaluating past performance, the Offeror/Prime Contractor is the contractor identified in Block 14 of the Standard Form 1442. If more than one contractor is listed in Block 14, then a signed Joint Venture (JV) agreement 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 Unique Entity ID (UEI) with the JV proposal. JV agreements shall include the following:

a. A copy of their JV agreement in English, signed by all parties of the JV.

b. A detailed statement outlining the following in terms of percentages, where appropriate:

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

ii. The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

iii. The structure of the joint venture and decision-ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

iv. Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

v. Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

vi. Identification of party furnishing the facilities, such as office supplies and telephone service.

vii. Identification of party having overall control of the joint venture.

viii. A statement of the agreement that each member of the Joint Venture will be jointly and severally liable for any obligations under the contract if awarded to the Joint Venture.

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

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

2. Commitment Letters. As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. With respect to submission requirements for a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors, if an Offeror wishes to be credited with the experience and past performance of a firm other than the Offeror such as a subcontractor, team member, or affiliate (defined in FAR 2.101), a Letter of Commitment signed by authorized representatives of the Offeror and by authorized representatives of the non-Offeror firm must be submitted with the proposal. A sample for each type of Commitment Letter is provided as Attachment 7. The signatures and substantive terms of these sample commitments are required before any consideration of the teaming arrangement will be given for evaluation purposes.

a. In the case of prime-Sub teams, work with affiliates or other teaming partners, Offerors are reminded that the Offeror is the Prime Contractor and remains fully responsible for contract performance, regardless of any team arrangement between the Prime Contractor and third parties. Consistent with FAR 9.104-4, the Government may consider the responsibility of key subcontractors, affiliates, or other 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.

The failure of the Offeror to perform with one or more committed subcontractors, team members or affiliates may be grounds for termination for default. There can be no substitution of committed subcontractors, team members or affiliates except that, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the Prime Contractor, permit the substitution of a firm with equivalent or greater capability a firm that was proposed with a Commitment Letter in the proposal.

Note: Only a Contracting Officer can approve such a change after contract award.

b. Section B - Factor 1, Past Performance. For Factor 1, Offerors shall provide a completed performance record, including the Experience Overview Sheet (RFP Attachment 2A) and the Experience Information Sheets (RFP Attachment 2B) for up to five (5) projects, but no less than two, completed within the last six (6) years (from the proposal due date before the solicitation issuance date) or currently being performed (at least 75% complete from the date of this solicitation), which are fundamentally for building renovations, repairs to roofs;

repair/replacement of major building systems such as electrical, mechanical, HVAC; Civil work including concrete/asphalt roads and pavements, earthwork, or drainage structures; or environmental work such as abatement and disposal. If more than five projects are submitted, only the first five projects will be evaluated.

If the Offeror submits indefinite-delivery, indefinite-quantity (IDIQ) task orders for experience, each task order will count as one project. The Experience Information Sheet shall not exceed 4 pages per project. Only the first 4 pages will be read. The Experience Overview Sheet, the Experience Information Sheet and the PPQ Forms are RFP Attachments 2A, 2B and 3.

Offerors shall also provide a completed record from the Contractor’s Performance Assessment Reporting System (CPARS) for evaluation under this factor. Both interim and completed CPARS ratings may be considered. 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.

Offerors also 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 Offeror shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

PPQ Instructions: If a CPARS record is unavailable, the Offeror shall complete Blocks 1-4 of the provided PPQ and the client responsible for the past/current contract complete the remainder of the PPQ. That client point of contact (POC) shall clearly indicate their title and role on the subject project. Offerors shall ensure correct phone numbers and email addresses are provided for the POC. If the POC does not speak English, the Offeror shall identify the language that the POC speaks and should ensure that the POCs are aware they may be contacted to verify the information. Offerors should follow-up with POCs to ensure timely submittal of questionnaires. If the POC requests, questionnaires may be submitted directly to the Government’s point of contacts, Shanda Weekes via email at shanda.weekes@usace.army.mil and Christopher Brackett at

Christopher.Brackett@usace.army.mil prior to the proposal closing date.

Completed PPQs shall be submitted with the proposal and shall not exceed four

(4) pages. Pages exceeding the maximum will not be read.

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).

If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant or similar past performance.

See more detail regarding Factor 1 under the EVALUATION APPROACH section below.

c. Section C - Factor 2, Management and Technical Approach. This section in the proposal shall include a narrative describing the Offeror’s proposed management and technical approach for successful execution of the Job Order Contract and the Offeror shall submit an organization chart of its planned organization structure for successful execution of the contract. Offeror must demonstrate an understanding of the specific requirements associated with the construction and administrative responsibilities of projects for the US Government as spelled out in the documents and demonstrate their ability to accomplish those requirements. The management approach should show how the Offeror will perform in accordance with the required host nation rules and procedures. Specifically address the following: a plan that demonstrates overall knowledge of requirements and constraints applicable to work in the Host Nation;

a plan to ensure cost effective purchase of materials and equipment with consideration for Host Nation requirements as delineated in Specification Section 00 74 16 – Special Conditions for Projects in Turkey; and 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.

There is a limit of twenty (20) single spaced typed pages using at a minimum a 12-point font. If more than 20 pages are submitted, only the first 20 pages will be reviewed and evaluated. The organizational chart, resumes, and commitment letters are not considered part of the page count. See more detail regarding Factor 2 under the EVALUATION APPROACH section below

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

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

a. The solicitation number.

b. The Offeror’s name, address, and phone/email contact information, Unique Entity Identifier and Cage Code.

c. 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.

d. 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.

e. 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.

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

Section C – Completed Price Schedule. Offerors shall submit a completed price schedule, including proposed prices for all items for all contract years (schedule provided as solicitation attachment in Excel; please submit to the government as an Excel file).

Section D – Bonds and other Financial Protections. An Offeror must supply either a Bank Letter of Assurance or a Bid Guarantee as described below with their proposal. Failure to do so will result in the proposal being unawardable.

Offerors shall submit an electronic copy of the Bank Letter of Assurance or a Bid Guarantee with the proposal and hard copies of both must follow without undue delay. Original copies may be received to the address below after the proposal due date provided an electronic copy is included in the proposal.

US Army Corps of Engineers, Europe District Contracting Division, Box 7 Attn: Shanda Weekes Konrad-Adenauer Ring 39 65197 Wiesbaden, Germany or

US Army Corps of Engineers, Europe District Contracting Division Attn: Shanda Weekes

CMR 410 Box 7

APO, AE 09049

40 U.S.C. chapter 31, subchapter III, Bonds and FAR 28.102 require a 100% performance and payment bonds issued by an acceptable corporate surety for any construction contract exceeding $150,000. This requirement may be waived, however, by the contracting officer for work performed in foreign countries if it is found that it is impracticable for the contractor to furnish such bond. This contract will be performed in a country outside the United States, and the contracting officer has found that it is impracticable for many otherwise eligible firms to access bonding from approved sureties. As such, and in accordance with FAR Part 28 and applicable contract clauses, the following bonding options and financial protections from other sureties are considered acceptable by the contracting officer:

1. Bank Letter of Assurance (BLA) and subsequent Bank Letter of Guaranty (BLG):

If an Offeror selects this alternative, it must provide with its proposal a Bank Letter of Assurance for the value of $3M $500,000 conforming to the requirements and substantively adhering to the sample provided in RFP Attachment 5. This letter may be issued by a Bank, Insurance Company, or other valid financial institution deemed acceptable to the contracting officer and must be accompanied by a Certificate of Authority. Please note that these terms and conditions shall not be changed or supplemented with other terms. Also note that the BLA requires the bank to provide a Bank Letter of Guaranty (BLG) with the same terms and conditions of RFP Attachment 6.

Upon award, the contractor must supply a Bank Letter of Guarantee, equal to $3M $500,000. This letter must conform to the requirements of and shall substantively follow the model provided in RFP Attachment 6. The Bank Letter of Guaranty must be accompanied by a Certificate of Authority.

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

2. Bid Guarantee. If an Offeror selects this alternative, it must provide with its proposal a Bid Guarantee in accordance with FAR Clause 52.228-1. The Bid Guarantee shall be in the form of a firm commitment from a financial institution acceptable to the Government that promises to issue the Offeror one of the following instruments within seven (7) calendar days of award:

• 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 CFR 223.11, as elaborated in FAR Part 28. The contracting officer may require any reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds.

•An Irrevocable Letter of Credit that complies with the requirements of clause 52.228-14, “Irrevocable Letter of Credit” and is equal to $3M $500,000. The Irrevocable Letter of Credit 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 Irrevocable Letter of Credit.

• Certified or cashier’s checks, bank drafts, money orders, or currency equal to $3M $500,000. 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.

• United States bonds or notes equal to $3M $500,000. 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 turn securities over to the finance or other authorized agency official; or 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.

If an Offeror will use any of the options described in paragraph 2 above, their proposal must indicate that intent. Only the above options in paragraphs 1 or 2 above will be considered acceptable unless an alternative is approved by the contracting officer in advance of the closing date for the receipt of proposals in a formal amendment to the solicitation.

Section E - Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address, and telephone number of offeror's banking institution. If the offeror is a joint venture, submit this information for all joint venture members.

B. DISCUSSIONS

1. General Information: The Government does not intend to hold discussions.

However, in accordance with FAR 15.306 (d), discussion sessions with each Offeror may be held. Should discussions take place, Offerors in the competitive range may be allowed to submit Final Proposal Revisions at the Contracting Officer’s discretion.

2. Discussion Scheduling: If discussions are conducted, the Contracting Officer may conduct discussions orally, in writing, etc. The method for discussions will be at the discretion of the Contracting Officer. The Contracting Officer will provide additional instructions with the notification of discussions.

Section 00 22 00 Evaluation Factors

A. BASIS FOR AWARD

The Government will utilize the Best Value Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to determine best value. This process permits tradeoffs among cost or price and non-cost 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. In evaluating proposals and making the contract award, the Government is concerned with obtaining the best non-pricing features and at a competitive reasonable price. The Government will not make an award to an Offeror whose superior non-pricing features cause the total cost of the project to become unreasonably high. Offerors will be cautioned that the award may not necessarily be made to the lowest price offered.

B. FACTORS TO BE EVALUATED

The SSEB 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. 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 for each factor is set forth under the EVALUATION APPROACH paragraph below. Evaluators will ensure Offerors complied with all submission requirements set forth in the “Proposal Submission,” paragraph of the solicitation Section 00 21 00.

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

Factor 1 – Past Performance Factor 2 – Management and Technical Approach

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 3 – Price - Unit Price Book (UPB) Coefficients

3. Relative Importance of the Evaluation Factors. In accordance with FAR 15.304(e), Factor 1 (Past Performance) is more important than Factor 2 (Management and Technical Approach). All non-price factors (Factors 1-2), when combined, are approximately equal to price (Factor 3).

C. EVALUATION APPROACH

All proposals shall be evaluated by the SSEB.

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

Strength. An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an Offeror’s proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

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.

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).

3. ADJECTIVAL RATINGS. Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation

Factor 1: The adjectival ratings for Past Performance are listed and defined below:

PAST PERFORMANCE 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 rated; however, the following criteria will be used to establish the relevancy of each submitted project, which shall include similarity of 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.

During the best value tradeoff process, Offerors whose proposals receive a satisfactory confidence or substantial confidence rating for this factor may be considered more favorably than an Offeror with a neutral confidence rating.

Factor 2: The adjectival rating for Management and Technical Approach are listed and defined below:

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstanding Proposal demonstrates an exceptional approach and understanding of the requirements, contains multiple strengths and/or at least one significant strength, 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 or significant 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 Unacceptable Proposal does not meet requirements of the solicitation and, thus, contains one or more deficiences and is un-awardable, and/or risk of performance is unacceptably high.

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…