A.07.23_Solicitation_W912HP17R0020_VQ_JBC.pdf
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- Construct Visiting Quarters
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- W912HP-17-R-0020
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The w ork involves the Construction of a new Visiting Quarters (VQ) and renovations to existing VQ Building 362 at Joint Base Charleston, SC
The aquisition is UNRESTRICTED.
NAICS Code is 236220, Commercial and Institutional Building Construction, size standard of $36.5 Million.
MAGNITUDE OF WORK: $25,000,000 TO $100,000,000.
AMY S RIVERS 843-329-8013
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
21-Dec-2017
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Jan 2017 (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 _______90 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
US ARMY CORPS OF ENGINEERS, CHARLESTON
69-A HAGOOD AVENUE
CHARLESTON SC 29403
W912HP
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
843-329-2331FAX:TEL: 843-329-8193 TEL: FAX:
W912HP17R0020 51
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
Section 00 10 00 - Solicitation
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job COMPANION PROJECT - APF Funded. SEE DRAWING G-004 FOR
DESCRIPTION
FOB: Destination
NET AMT
0002 1 Job CONSTRUCTION OF VISITING QTRS - NAF Funded. SEE DRAWING G-004
FOR DESCRIPTION
0003 1 Job RENOVATION OF BLDG 362 - NAF Funded. SEE DRAWING G-004 FOR
0004 1 Job RICKENBACKER'S - NAF Funded. SEE DRAWING G-004 FOR
0005 1 Job PATIO-SITE WK - NAF Funded. SEE DRAWING G-004 FOR DESCRIPTION
0006 1 Job GF/CI AND CF/CI EQUIP - NAF Funded. SEE SECTION 01 11 00 SUMMARY
OF WORK, PARA 1.8
TOTALS
TOTAL (CLINS 0001 – 0006) $____________________
NOTES TO BID SCHEDULE
NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.
NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule.
Failure to do so may result in the offer being unacceptable
NOTE NO. 3. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.
NOTE NO. 4. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected. An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work
Section 00 21 00 - Instructions
SOW
W912HP17R0020
Scope of Work Visiting Quarters, Joint Base Charleston
The full Scope of Work is outlined in the specifications pdf documents entitled, “A.01.38 JBC_RTA_SPECS_VOL1,” “A.01.38 JBC_RTA_SPECS_VOL2,” “A.01.38 JBC_RTA_SPECS_VOL3_Appx-6,” and drawings documents entitled, “A.01.38 JBC_VQ_RTA_Drawings-VOL1,” and “A.01.38 JBC_VQ_RTA_Drawings-VOL2,” which are included as separate attachments and incorporated into the solicitation/contract by reference.
CLAUSES INCORPORATED BY REFERENCE
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.207-1 Notice Of Standard Competition MAY 2006 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-27 Affirmative Action Compliance Requirements for
Construction
APR 2015
52.222-27 Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-38 Compliance With Veterans' Employment Reporting Requirements
FEB 2016
52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements
MAY 2014
52.232-13 Notice Of Progress Payments APR 1984
CLAUSES INCORPORATED BY FULL TEXT
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2007)
(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is $36.5M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority participation for each trade
Goals for female participation for each trade
30% 6.9%
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Charleston County, Joint Base Charleston.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
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
U.S. Army Corps of Engineers Charleston District 69A Hagood Avenue Charleston, SC 29403
(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) – ALTERNATE I (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) An organized site visit has been scheduled for--
January 11th at 9:00AM
(c) Participants will meet at--
JBC Visitor’s Center, Dorchester Road Main Gate, North Charleston, SC POC: Max Carroll 843-329-8152 max.l.carroll@usace.army.mil
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 these addresses:
Federal Acquisition Regulation (FAR) can be found at the following website:
https://acquisition.gov/far/index.html
Defense Federal Acquisition Regulation Supplement (DFARS) procedures guidance and information can be found at the following website:
http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
BIDDER INQUIRY
BIDDER INQUIRY KEY
Technical Inquiries are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet, Bidder Inquiry Key: VG97MV-9995T4. All questions regarding this Solicitation must be submitted in writing via aforementioned method no later than seven (7) calendar days prior to the date established for receipt of proposals. The Government reserves the right to decline addressing questions or inquiries received after this time.
To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.
EVALUATION CRITERIA
A. INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS
1.0 PROPOSAL REQUIREMENTS OVERVIEW
1.1. General. Since the proposal will describe the capability of the offeror to perform any resulting contract, it should be specific and complete in every detail. The proposal should be prepared simply and economically, providing a straight-forward, concise delineation of capabilities to satisfactorily perform the contract. The proposal should be practical, legible, clear, and coherent. It is the offeror's responsibility to submit an adequately written proposal in sufficient detail to permit a complete and accurate evaluation, and the agency will not adapt its evaluation to match an offeror's submission, nor will it go in search of information that an offeror has omitted or failed adequately to present or organize. Offerors are cautioned that “parroting” of the non-price requirements or the work statement with such things as a statement of intent to perform does not reflect an adequate understanding of a requirement or a capability to perform.
1.2. Proposal Submissions and the Lowest Price Technically Acceptable Source Selection Process. This process requires offerors to submit technical and performance capability information for evaluation by the Government against the uniform baseline of minimum requirements identified in evaluation factors and subfactors. Each of the factors and subfactors will be evaluated on an “acceptable” or “unacceptable” basis in accordance with the evaluation criteria set out in this section. Price information will not be rated “acceptable” or “unacceptable” but will be evaluated in accordance with FAR Part 15.
1.3. The Government intends to award a firm fixed price contract and make an award without holding discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, offerors should include their best terms and conditions (both price and technical) in the initial offer. Offerors should not assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government reserves the right to conduct discussions if the Source Selection Authority (SSA) later determines them to be necessary. By submitting an offer in response to this solicitation, offerors are agreeing to comply with all terms and conditions contained in the solicitation.
2.0 PROPOSAL SUBMISSION INSTRUCTIONS
2.1. Who May Submit: The requirement will be advertised as full and open competition; any legally organized firm eligible to receive an award under applicable laws and regulations may submit a proposal.
2.2. Notwithstanding the specific requirements of any other area of the RFP, information submitted about any company other than the Offeror, whether a predecessor company, affiliated company, subsidiary (including wholly owned subsidiaries), or subcontractors (unless they are key subcontractors) WILL NOT be evaluated for any factor.
The Government considers the key subcontractors to be structural concrete and structural masonry subcontractors.
2.3 Contractor Team Arrangements.
2.3.1 Recognition of Contractor Teams. In accordance with FAR Subpart 9.6, it is Government policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors and sub-factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal. The proposal must include a narrative that explains the major or critical aspects of the work to be performed by each team member.
For joint venture teams, the proposal must also include an agreement that has been or will be executed prior to award between/among all team members. In the case of prime-sub teams, the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors. However, regardless of whether a formal team arrangement is proposed or recognized, consistent with FAR 9.104, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do
so. For reference and evaluation purposes the Offeror shall identify who will perform the major or critical aspects of the project.
2.3.2 Joint Venture Team Agreement. The team agreement will be submitted with the proposal and it will govern the performance of the work by the joint venture. The agreement must address the following items:
identification of team members, a delineation of roles and responsibilities of team members, the duration of the agreement, and the percentages of the participants including the controlling party. Agreements should not be subject to substantive revision because the agreement will be part of the evaluation process. The timely submission of the executed teaming agreement prior to award shall be a precondition to a finding of responsibility.
2.3.3 Restriction on Substitution. Regardless of any provision to the contrary in a team or subcontract agreement, all members of a recognized team arrangement are bound to perform any resulting contract and options by means of the same team. There can be no substitution of team members except that, in the case of a prime-sub team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default. Reference UAI 5152.236-9001 Personnel, Subcontractors and Outside Associates or Consultants.
2.4 Proposal Submission Requirements.
2.4.1 Submission Deadline: Proposals must be received by the Charleston District no later than the time and date specified in Block 13 of Standard Form 1442.
2.4.2 Submission Instructions: The offeror shall submit electronic files as delineated below. Facsimile, hand carried and USPS/UPS/Fedex delivery is not authorized.
File Electronic File Name
Electronic Submission Requirements Format
Cover Letter 00CovLtr Limit 1 page (Reference FAR 52.215-1(c)(2), Information to Offerors – Competitive Acquisition.)
Factor 1: Specialized Corporate Experience
01CorpExp Information shall be submitted on the Descriptive Summary Sheet (Blocks 1-5) at Attachment 2. Limit 2 pages per project (One Summary Sheet page and one optional continuation page).
Factor 2: Subcontractor’s Experience
02SubExp Information shall be submitted on the Descriptive Page (Blocks 1-5) at Attachment 2 and shall include a Letter of Commitment and Authorization. Limit 2 pages per project (One Summary Sheet page and one optional continuation page). The Letter of Commitment and Authorization is not a part of the page limitation.
Factor 3: Past Performance
03PastPerf Performance Evaluations -NAVFAC/USACE Past Performance Questionnaire (PPQ) (Submit both Attachment 2 & 3 as provided to the client) -Terminated Projects List (See Attachment 4) -Cure Notices or Show Cause Letters received, if any -(no page limit) pdf
Factor 4: Management Approach
04MgtApp Management Plan. Limit 6 pages. pdf
Teaming Agreement 05TeamAgree Joint Venture and/or Teaming Agreement, if applicable. (no page limit). See paragraph 2.3.
Proposal Data Sheet 06DataSht See format in Section Attachment 1. A DUNS number shall be provided for each company identified in any proposed teaming arrangement. If JV, a DUNS shall be provided for the JV.
Additional Submissions 07SF1442 Completed and signed by an official(s) with the authority to contractually bind the company IAW FAR 4.102. Acknowledge all Amendments in Block 19.
08Price See Section 00 10 00. Prices must be inserted on all CLINs pdf
09BidBond See FAR Clause 52.228-1. Shall be fully executed by the surety and original must be mailed (See Para 2.4.8)
10RepsCerts See paragraph 2.4.9 pdf 11Financials Statements must include three years’ worth of Balance
Sheets and Income Statements. See paragraph 2.4.10 pdf
12SubPlan SB Subcontracting Plan See paragraph 2.4.11 (no page limit) pdf
ELECTRONIC PROPOSAL SUBMISSION IS REQUIRED THROUGH THE FEDBIZOPPS (FBO.GOV)
“ELECTRONIC SUBMISSION” FEATURE. The FBO vendor user guide has information & instructions on how to utilize this feature (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf).
File Size Limitations. Offerors are advised to follow the FBO instructions for uploading files larger than 10MB (java upload). FBO has not posted official file size limitations for its electronic response module, however it has been observed that uploads to FBO tend to be problematic when the files are sized 100MB or greater. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.
2.4.3 Format: Proposals shall be in a narrative format. The submission shall be typed, neatly organized, clearly indexed, logically assembled, and written in the English language. All pages shall be appropriately numbered and identified by the complete company name, date and RFP number in the header and/or footer. A Table of Contents should be provided. Printing should be single spaced. Each paragraph shall be separated by at least one blank line. Arial or New Times Roman fonts are required. A standard, 11-point minimum font size applies. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape. Headers and footers may use a reduced font size no less than 10-point. MS Word (doc) files shall use the following page setup parameters:
Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”
Clearly identify the “original” cost/price proposal and the “original” technical proposal on the cover. Any information that is changed (as a result of negotiations or proposal revisions) shall be indicated as follows: cover shall be marked “Revision Dated: MM/DD/YYYY,” pages shall be of a different color, all text additions/deletions shall be clearly indicated, and sections changed shall be marked by a vertical line in the right margin of the page.
The revised pages shall be marked “Revision Dated: MM/DD/YYYY.”
NOTE: 11X17 formatted pages are acceptable for tables/graphic representations ONLY.
2.4.4 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).
2.4.5 Electronic Files. Electronic files shall be provided in a pdf format and 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 using WinZip version 6.2 or later. Self-extracting exe files will not be accepted.
2.4.6 All documents must be received by the closing date and time set for receipt of proposals. No dollar amounts from the Price file are to be included in the other files or documents.
2.4.7 Any materials submitted but not required by this solicitation, such as company brochures or other information, will not be considered part of the proposal or used to determine whether the proposal meets the minimum requirements of the solicitation.
2.4.8 BID BONDS: See Clause 52.228-13. The Offeror is required to submit a bid bond. Photocopied or electronically scanned bid bonds are not acceptable and may lead to the rejection of the proposal as non-responsive. The Bid Bonds must be fully executed and a hard copy original per OPORD 2012-66 mailed to Ms.
Amy Rivers (CESAC-CT), USACE, Charleston District, 69A Hagood Avenue, Charleston SC 29403.
2.4.9 REPRESENTATIONS AND CERTIFICATIONS - FAR Clause 52.204-8, “ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)”: Each offeror shall complete (fill-in and signatures) the solicitation sections indicated below using the file (without modification to the file) provided with the solicitation. An authorized official(s) of the firm shall sign all certifications requiring original signature.
NOTE: As an alternative to above, each offeror may submit a copy of their current online Representations and Certifications, also referred to as an Online Representations and Certifications Application (ORCA) to comply with the requirements of this TAB.
2.4.10 FINANCIAL INFORMATION: In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey. To facilitate this survey, each Offeror shall submit the most recent three consecutive years’ worth of financial statements. The statements must include a Balance Sheet and Income Statement. Include the names of banks and other financial institutions with which business is conducted (mailing addresses, Point of Contact and phone number). Please ensure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history. If the financial statements are more than 60 days old, attach a certificate stating that the financial condition is substantially the same, or if not the same, describe the changes which have taken place since the financial statements were prepared. Provide evidence of adequate financing arrangements, such as commitments from lending institutions, etc., to perform this contract. This information will be treated confidentially but may be verified. For a newly formed JV, each JV member must submit financial statements and information. (Proposals including proprietary or trade secret information shall be marked consistent with FAR 52.215-1(e).
2.4.11 SUBCONTRACTING PLAN: Other than U.S. Small Business offerors must submit a subcontracting plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 (or DFARS 252.219-7004 if the offeror has a comprehensive subcontracting plan). Other than U.S. small businesses must submit acceptable subcontracting plans to be eligible for award. The Subcontracting Targets are as follows: Small Business (23.0%), Small Disadvantaged Business (5.0%), Women-Owned Small Business (5.0%), HUBZone Small Business (3.0%), Veteran Owned Small Business (2.0%), Service-Disabled Veteran-Owned Small Business (3.0%).
B. SUBMISSION REQUIREMENTS AND EVALUATION CRITER
3.0 Non-Price Factors
3.1 FACTOR ONE: SPECIALIZED CORPORATE EXPERIENCE
3.1.1 Submission Requirements:
3.1.1.1 Using the Descriptive Summary Sheet (Blocks 1-5) (Attachment 2), the Offeror shall demonstrate experience on projects meeting the requirements described in paragraphs below. If the Offeror is a joint venture, the projects do not have to have been performed by the joint venture submitting the offer. These projects could have been performed by the joint venture or by either company in the joint venture. Offerors are advised to submit projects wherein the Offeror, or proposed joint venture members, played a significant role and to clearly define those roles. Ensure that the Descriptive Summary Sheet (Blocks 1-5) and continuation sheet, if used, submitted for this Factor clearly describe the relevant characteristics of the project.
3.1.1.2 The Project Description shall clearly describe the projects. The Government will not assume any project characteristics that are not specifically identified and described. The Offeror may attach a continuation sheet to the Descriptive Summary Sheet if needed consisting of one (1) page to describe how the project contains the elements described below and meets the requirements of this factor. The submission must contain sufficient information for the government to determine whether the project meets the requirements in paragraph 3.1.1.5 below and its subparagraphs.
3.1.1.3 The Offeror must provide a Point of Contact for the Client. If the Government is unable to verify the information provided on the Descriptive Summary Sheet with the client Point of Contact, or by other sources available (e.g. CPARS), the Government reserves the right to disregard that project when evaluating the Offeror’s experience.
3.1.1.4 The projects submitted for consideration in Factor 1 shall be the same projects submitted for evaluation in Factor 2.
3.1.1.5 Offerors shall submit three (3) projects on which it was either the prime or a major subcontractor that meet the following value, recency, and relevancy criteria:
3.1.1.5.1 A final contract value of $30M or greater. If your company was acting as a major subcontractor, then your portion of the work must be $30M or greater.
3.1.1.5.2 A building with a minimum of 3 stories or greater and a minimum of 125,000 square feet.
3.1.1.5.3 Actual Completion Date within five (5) years preceding the date that proposals are due for this solicitation. Do not submit construction projects that are not complete.
3.1.1.5.4 Similar work consisting of new construction of commercial, government, or institutional type buildings such as barracks, hotels, and/or dormitories, and associated site work.
NOTE: The Government will only evaluate the Offeror’s first three (3) projects.
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