A.8.5_ 495M_MATOC_RFP.pdf

Solicitation No. W912HV-16-R-0003, Multiple Award Task Order Contract (MATOC) for Design-Build (D-B) and Design-Bid-Build (D-B-B) Construction Services Japan Wide, U.S. Army Corps of Engineers (USACE), Japan District (POJ)

Section 00 21 00 Instructions Section 00 22 00 Proposal Submission Requirements Section 00 22 16 Evaluation Factors Section 00 45 00 Representations and Certifications Section 00 70 00 Conditions of the Contract Section 00 73 00 Supplementary Conditions

DIVISION 01, General Requirements

MS. TRISTIN N. SUETSUGU 046-252-0994

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

18-Mar-2016

(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 within _______ 15 calendar days and complete it within _____*___ calendar days after receiving award, 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 __________ * See 00 22 00 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 19 Apr 2016 (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 offers are due.

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

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

D. Offers providing less than _______ 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM 147, BLDG. 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

W912HV

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)

046-253-8749 FAX: TEL: 046-252-0994 TEL: FAX:

W912HV-16-R-0003 2

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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)

CODE 27. 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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 this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule Multiple Award Task Order Contract (MATOC) for

Design-Build (D-B) and Design-Bid-Build (D-B-B) Construction Services Japan Wide, U.S. Army Corps of Engineers (USACE), Japan District (POJ)

Proposal Schedule will be provided during Phase Two and replace this page.

NOTES:

1. CONTRACT PERIOD: Each contract consists of a base period of 24 months from the award date of the contract, three (3) 12-month option periods, and an additional 6-month option to extend services.

2. CONTRACT MAXIMUM AND MINIMUM: The maximum amount the Government will order under all contracts is ¥49,500,000,000. The minimum amount for each contract base period is ¥350,000.

3. Proposal Schedule pricing shall be in Yen. This contract will be priced and paid in Japanese yen.

4. Failure to propose prices for all line items in the Proposal Schedule may be cause for rejection of the proposal as unacceptable.

W912HV-16-R-0003

00 21 00 - 1

Section 00 21 00 – Instructions

1. DELIVERY OF BIDS/OFFERS (MAR 2014).

a. Each bidder/offeror is solely responsible for ensuring that their bid/offer is received by the Government as specified in the solicitation. Please read the following statements to ensure timely submittal of your bid/offer:

(1) Closely coordinate the delivery of your bid/offer in sufficient time before the bid opening date/proposal due date.

(2) Bids/offers will not be accepted at the main gate of Government facilities.

(3) Valid picture identification is required for entry into Government facilities.

b. For Japanese visitors, Residential Registration Card, Passport, or Japanese Driver's License are considered valid picture Identification. Those individuals using a newly issued Japanese driver’s license with an Identity Code (IC) chip as a form of identification will be required to enter an 8 digit Personal Identification Number (PIN) into an IC Chip Reader. Individuals are granted 3 attempts to input their PIN and will be denied access if they are unable to input the correct PIN. To obtain or reset the PIN code, individuals should go to their local Japanese police driver’s licensing center for assistance.

c. For non-Japanese visitors, Passport or Alien Registration Card are considered valid picture identification.

d. The Government will not escort or provide any base access to any door-to-door service company.

e. For bids/offers addressed to Camp Zama.

(1) The Japan Post has access to Camp Zama.

(2) If you decide to hand-carry your bid/offer to Camp Zama, please allow sufficient time to have a Government personnel meet your representative(s) at the Camp Zama main gate, sign your representative(s) in, and be escorted to our office. We suggest arriving at the gate to Camp Zama at least 30 minutes before the closing time for bid/offer acceptance.

2. SOLICITATIONS FOR LOCAL SOURCES ONLY. This contract will be performed in its entirety in the country of Japan and is intended only for local sources. (See Federal Acquisition Regulation 5.202(a)(12) and Paragraph titled, ”Offeror Eligibility”.) (JED APR 2006)

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3. SUBMISSIONS OF OFFERS IN JAPANESE YEN. Offers submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee.

Offers received in other than Japanese Yen shall be rejected.

4. REQUEST FOR EXPLANATION OR INTEPRETATION. Request for explanation or interpretation of the solicitation, drawings, specifications, etc., must be submitted to the Government point of contact by April 8, 2016 1400 hrs Japan Standard Time.

5. SIGNATURE ON OFFERS. Offers must be signed by an officer of the company or an individual who is authorized to sign offers for and on behalf of the company. An individual, other than an officer of the company, who signs an offer must submit evidence of his authority to sign such offer. This evidence must accompany the offer.

Failure to comply with this requirement may be cause for rejection of the offer.

6. JOINT VENTURE. In the event the offeror is a joint venture, the offer must be signed by an authorized representative of each participant in the joint venture. Failure to comply with this requirement may be cause for rejection of the offer.

7. OFFEROR ELIGIBILITY. Only local sources will be considered under this solicitation. Local sources are sources (e.g. corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements]) that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation. Specifically, a prospective offeror must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S.

contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

8. METHOD OF PROCUREMENT. The U.S. Army Corps of Engineers, Japan District, intends to solicit this requirement using the source selection procedures in accordance with the provisions set forth in this Request For Proposal (RFP). Multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts will be awarded to the offerors who submits a proposal determined to be the Best Value to the Government.

9. PRE-AWARD SURVEYS. The Government reserves the right to conduct a preaward survey of any firm under consideration to confirm any part of the information furnished by the offeror, or to require other evidence of managerial, financial, technical, and other

00 21 00 - 3 capabilities, the positive establishment of which is determined by the Government to be necessary for the successful performance of the contract.

10. PRE-PROPOSAL CONFERENCE.

a. Offerors are strongly urged and expected to attend and participate in the pre-proposal conference. The purpose of this conference is to promote uniform interpretation of the solicitation documents and work requirements and can include discussions of any problems with interpretations of the solicitation documents and work execution identified by potential offerors through written questions. In no event will a failure to attend the pre-proposal conference constitute grounds for a claim after award of the contract.

b. Offerors are encouraged to ask questions at the conference. Any questions made at the conference may or may not be addressed at the conference, but will be addressed in the minutes of the conference.

c. This Pre-proposal Conference will be conducted on March 29, 2016, 1000 hrs, at Fuji Conference Room, Bldg. 250, U.S. Army Corps of Engineers, Japan District, Camp Zama, Japan).

NOTE: Due to security and access requirements in Camp Zama, prospective offerors are required to email access information to Tristin.N.Suetsugu.civ@usace.army.mil and Sean.P.Sackett.civ@usace.army.mil, no later than March 25, 2016. Up to 4 people from each company may attend. Information needed shall include: company name, name(s) of attendee(s), telephone number, and vehicle license plate number.

Attendees will be required to show valid photo identification to gain access to the installation (passport or driver’s license with 8 digit pin number). All vehicles entering Camp Zama are subject to vehicle search. If driving, you must have valid registration and insurance. Attendees are requested to arrive at Gate #1, Camp Zama between 0900 and 0945 hours on the day of the pre-proposal conference to allow sufficient time for access processing.

mailto:Tristin.N.Suetsugu.civ@usace.army.mil mailto:Sean.P.Sackett.civ@usace.army.mil

00 21 00 - 4

PROVISIONS INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.211-2 Availability of Specifications, Standards, and

Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.215-1 Instructions to Offerors--Competitive Acquisition

JAN 2004

52.216-27 Single or Multiple Awards OCT 1995 52.236-28 Preparation of Proposals--Construction OCT 1997

PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Contracting Officer U.S. Army Corps of Engineers, Japan District

APO AP 96338-5010

(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 ALT I Site Visit (Construction) (FEB 1995)

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

00 21 00 - 5

(b) An organized site visit has been scheduled for --

To be specified in each task order.

[Insert date and time]

(c) Participants will meet at --

To be specified in each task order.

[Insert location]

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

http://farsite.hill.af.mil/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Subparagraph (c)(5) of FAR clause 52.215-1 -- Instructions to Offerors -- Competitive Acquisition, is revised to read as follows. “Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in Japanese yen.”

00 21 00 - 6

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The

00 21 00 - 7

DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

http://fedgov.dnb.com/webform

00 21 00 - 8

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (AUG 2015)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, and covered defense information defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) If the Offeror proposes to deviate from any of the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD CIO, a written explanation of--

(1) Why a particular security requirement is not applicable; or

(2) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(d) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

252.215-7008 ONLY ONE OFFER (OCT 2013)

(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that--

(1) Only one offer was received; and https://www.acquisition.gov/ http://dx.doi.org/10.6028/NIST.SP.800-171

00 21 00 - 9

(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).

(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:

(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).

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

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

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

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

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

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

(3) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly

00 21 00 - 10 pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror's determination of the prices to be offered in the catalog or marketplace.

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

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

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

(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S.

Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

00 21 00 - 11

(d) If negotiations are conducted, the negotiated price should not exceed the offered price.

00 22 00 – 1

Section 00 22 00 – Supplementary Instructions

PROPOSAL SUBMISSION REQUIREMENTS

1. GENERAL INSTRUCTIONS

1.1. Offerors shall strictly adhere to the requirements in this Section when preparing the proposal to be submitted in response to this Request for Proposal (RFP). All proposals shall be in English. The Government will not reimburse any Offeror any cost incurred in response to this RFP. Proposals that fail to comply with the proposal submittal requirements addressed in this section of the solicitation may be deemed unacceptable. 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 date and time specified.

There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will be posted to the Federal Business Opportunities (FedBizOpps) website (https://www.fbo.gov) and made available for viewing. All amendments will be posted to FedBizOpps and made available for viewing. It shall be the Offeror’s responsibility to check the website for any amendments and updates to the solicitation.

1.2. The Government seeks award of a target of four (4) contracts to responsible offerors whose proposals represent the best value to the Government. However, note that the Government may award less than four (4) contracts or more than four (4) contracts. The Government will use two-phase design-build selection procedures in accordance with FAR 36.3.

1.2.1. Proposals will be evaluated in Phase One to determine which offerors will submit proposals for Phase Two. After evaluating phase-one proposals, the Government will select the most highly qualified offerors and request that only those offerors submit phase-two proposals. No more than six (6) offerors will be selected to submit phase-two proposals.

1.2.2. For Phase Two a seed project will be issued to be competed amongst the most highly qualified offerors selected. The Government will utilize the 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. Award will be made to the offerors whose offers, when considered as a whole, are most advantageous to the Government based upon an integrated assessment of the proposals received, with appropriate consideration given to the evaluation factors. The seed project will be issued as a task order to the offeror which proposes the most https://www.fbo.gov/

00 22 00 – 2 advantageous offer. If the seed project is not issued simultaneously with the award of the IDC, then the minimum guarantee will be obligated at the time of the basic contract award. The number of contracts awarded will be determined by the SSA based on the overall proposal ratings. The Government may consider award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

1.2.2.1. First Award and Seed Project. Award of the first IDIQ will be made to the Offeror whose proposal is determined to represent the best overall value to the Government based on the evaluated ratings from Phase 1 and Phase 2 proposals and the overall evaluated prices. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA must determine that the added value of a more expensive proposal for the initial task order would justify award to that Offeror.

The Offeror receiving the first award will receive either the task order for the seed project if funds are available or a minimum guarantee task order with the award of the basic IDIQ.

1.2.2.2 Subsequent Awards and Minimum Guarantee Task Orders. Award of the subsequent IDIQ contracts will be made to the Offeror(s) whose proposal(s) is (are) considered to represent the second (2nd) and up to a target of the top four (4) best value(s) to the Government based on the evaluated ratings from Phase 1 and Phase 2 and the overall evaluated prices. The price proposed under Phase 2 will be used to assist in the evaluation of the best value proposals for award of an IDIQ. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined under FAR Subpart 15.001. If there is a lower priced, conforming offer(s), the SSA must determine that the value added of a more expensive proposal than accepted for the initial task order justifies award of a basic IDIQ to that Offeror. Offerors receiving subsequent awards will receive a minimum guarantee with award of the basic IDIQ.

1.2.3. The Government reserves the right to eliminate from consideration for selection (Phase One) or award (Phase Two), any or all offers at any time prior to selection of the most highly qualified offerors (Phase One) or award of the contracts (Phase Two); to negotiate with Offerors in the competitive range; and to select the most highly qualified offerors (Phase One) or award the contracts (Phase Two) to the Offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, price and other factors considered.

1.3. The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range, if one is determined to be necessary, upon completion of the evaluation. Offerors are advised that the Government may make award without discussions, clarifications, or any contact concerning the proposals received.

Therefore, proposals should be submitted initially on the most favorable terms from a price (Phase 2) and technical (Phase 1 and 2) standpoint. Offerors shall not assume

00 22 00 – 3 that they will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

1.4. Proposals received by the Government after the date and time set for receipt of proposals will be handled in accordance with the requirements of Provision “52.215-1, Instructions to Offerors – Competitive Acquisition”.

1.5. Offerors are required to provide information addressing all stated factors and subfactors in a clear and understandable format. If an Offeror does not have information relating to a specific factor or subfactor, the Offeror shall clearly state so in the proposal. Proposals that do not clearly address all factors and subfactors may be considered unacceptable and may not receive further consideration.

2. PHASE ONE PROPOSAL SUBMISSION INSTRUCTIONS:

2.1. Proposals may be submitted by firms formally organized as design-build entities, or by construction contractors and design firms that have associated specifically for this contract. For the purpose of this solicitation, no distinction is made between formally organized design-build entities and contract-specific design-build associations. Both are referred to as the design-build offeror (or simply “Offeror”), or the design/build contractor, (or simply, “Contractor”), after award of the contract.

2.2. General Requirements: The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal shall not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements. Offerors shall assume that the Government has no prior knowledge of their facilities or experience, and will base its evaluation on the information presented in the Offeror’s proposal.

2.3. Phase One Proposal Format

2.3.1. Size of Proposal Pages: Proposal pages should be standard letter size (8-1/2” x 11” or equivalent Japanese letter size); however, if drawings or other graphics are submitted, Offerors should reduce them only to the extent that legibility is not lost. The total pages submitted shall not exceed 100 pages. Font size Arial 12 or larger is preferred. All pages should be numbered. Any pages over the prescribed limit will not be considered for evaluation.

2.3.2. Number of copies.

2.3.2.1. Submit the original and five (5) hard copies.

2.3.2.2. An electronic copy of the proposal shall be submitted on CD or DVD, and shall accompany the hard copy submittals. The disc shall be externally labeled with the solicitation number, date, and the offeror’s name. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one file using WinZip version 6.2 or later. Self-extracting exe files will not be accepted.

Electronic files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. In the event of any conflicts or differences between the original sealed offer and any paper copy or electronic copy of the

00 22 00 – 4 proposal, the sealed original offer shall control. Offeror is responsible for ensuring that all copies of the proposal, whether a paper copy or an electronic copy, are consistent with the original sealed offer.

2.3.3. Revised Proposal. Revised proposals will not be accepted unless specifically requested by the Contracting Officer. If the Contracting Officer decides to conduct discussions and requests revised proposals from the offerors; offerors shall ensure that all replacement pages are clearly marked “REVISED”, shall show the date of revision, shall be submitted in the appropriate number of copies (e.g., if two copies of the original page was required, then two copies of the revised page will also be required). All proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g. bold face print or underlining.

2.3.4. The submittals should be formatted as follows:

Phase-One Proposal Tab Documents to be Included

1 Cover Sheet.

2 SF 1442 (front and back page)

3 Section 00 45 00, Representations and Certifications

4 Joint Venture Agreement (if Joint Venture)

5 Attachment A “Construction Project Information Sheet.” Submit one information sheet per project. Submit at least two but not more than five projects.

6 Attachment B “Design Project Information Sheet.” Submit one information sheet per project. Submit at least two but not more than five projects.

7 Attachment C “NAVFAC/USACE Past Performance Questionnaire” and/or CPAR, and attachments (if any) for Construction Projects submitted under Factor 1, Subfactor 1, Construction Experience.

8 Attachment C “NAVFAC/USACE Past Performance Questionnaire” and/or CPAR, and attachments (if any) for Design Projects submitted under Factor 1, Subfactor 2, Design Experience.

9 Organization

2.3.4.1. Additional Submittal Instructions

2.3.4.1.1. Cover Sheet. Follow instructions in Paragraph (c)(2) in Section 00 21

00, 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION.

2.3.4.1.2. Construction Project Information Sheet (Attachment A) included in this solicitation is provided for the offeror to submit for each project included For Factor

00 22 00 – 5

1, Subfactor 1, Construction Experience. Design Project Information Sheet (Attachment B) included in this solicitation is provided for the offeror to submit for each project included For Factor 1, Subfactor 2, Design Experience. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal for each project the offeror submits for Factors 1, Subfactor 1 (Construction Experience) and Subfactor 2 (Design Experience). If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment C), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contacts listed below via email prior to proposal closing date and time.

Ms. Tristin N. Suetsugu, E-mail: tristin.n.suetsugu.civ@usace.army.mil Mr. Sean P. Sackett, E-mail: sean.p.sackett.civ@usace.army.mil

2.3.4.1.3. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

2.3.4.1.4. The offeror may include performance recognition documents received for each project the offeror includes in its proposal for Factor 2, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

2.3.4.1.5. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

2.3.4.1.6. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

2.3.5. PHASE ONE PROPOSAL.

Phase One factors are Past Experience, Past Performance, and Organization. The evaluation factors and submission requirements for each factor are as follows:

mailto:tristin.n.suetsugu.civ@usace.army.mil mailto:sean.p.sackett.civ@usace.army.mil

00 22 00 – 6

2.3.5.1. FACTOR I PAST EXPERIENCE

2.3.5.1.1. Sub-factor 1. Construction Experience

2.3.5.1.1.1. Only relevant construction projects will be considered for evaluation. Relevant projects are projects that:

(1) Were construction projects,

(2) Had a contract value of ¥75,000,000 or greater,

(3) Were completed within five (5) years from the date of this solicitation,

(4) Were completed in Japan, and

(5) Were completed by the Offeror as the prime contractor.

Note: For purposes of evaluating construction experience as a prime contractor, the offeror and prime contractor are defined as the contractor identified in Block 14 of SF 1442. If a Joint Venture (JV) joint venture is identified in Block 14 of the SF 1442, then a signed joint venture agreement must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM).

(a) The offeror may demonstrate prime contractor experience through one or more of the members to the JV.

(b) Projects performed by contractors other than the offeror (such as teaming partners) will not be evaluated as construction experience by a prime contractor unless those other contractors are part of a joint venture for this solicitation as demonstrated by a signed joint venture agreement.

(c) For projects in which your firm or a joint venture partner firm performed the role of a subcontractor, this will not count as construction experience as a prime contractor.

(d) The government will not consider prior projects completed by a joint venture prime contractor as construction experience by the prime contractor unless the offeror is the same joint venture entity that performed the work as the prime contractor on the prior project.

2.3.5.1.1.2. Use Attachment A, Construction Project Information Sheet, attached to this Section to submit a minimum of two (2) but no more than five (5) relevant Construction projects. If more than five (5) projects are submitted, only the first five (5) projects will be considered for evaluation. The sixth (6th) and any additional project will not be considered for evaluation. This is regardless whether or not the first five (5) projects are classified as “relevant” or “not relevant” by Government evaluators.

00 22 00 – 7

2.3.5.1.2. Sub-factor 2. Design Experience

2.3.5.1.2.1. Only relevant design projects will be considered for evaluation.

Relevant projects are projects that:

(1) Were for design of construction projects, in which the construction cost was estimated to be ¥75,000,000 or greater,

(2) Were completed within five (5) years from the date of this solicitation,

(3) Were for design of construction projects in Japan, and

(4) Were completed by the Offeror, Joint Venture Teaming Member on this RFP (shown in a signed Joint Venture Agreement), or by the Offeror’s proposed design subcontractor (on this RFP), as the Designer Of Record (DOR).

2.3.5.1.2.2. Use Attachment B, Design Project Information Sheet, attached to this Section to submit a minimum of two (2) but no more than five (5) relevant design projects. If more than five (5) projects are submitted, only the first five (5) projects will be considered for evaluation. The sixth (6th) and any additional project will not be considered for evaluation. This is regardless whether or not the first five (5) projects are classified as “relevant” or “not relevant” by Government evaluators.

2.3.5.1.2.3. The Offeror acknowledges that the proposed subcontractors under this factor shall become contractually binding in accordance with clause 52.236- 5001.

2.3.5.1.3. How to submit for relevant Design-Build projects:

If the Offeror accomplished BOTH design AND construction for a Design-Build project which meets both the relevancy criteria for Sub-factor 1, Construction Experience and Sub-factor 2,Design Experience, the offeror may submit both Attachment A and B for the same project. It is understood that the data in both sheets may be identical or very similar to each other.

2.3.5.2. FACTOR II PAST PERFORMANCE

2.3.5.2.1. Offerors shall include Attachment C, NAVFAC/USACE Past Performance Questionnaire, attached to this section in their proposal and submit past performance information for relevant projects submitted under Factor I, Past Experience. Offerors may submit Contract Performance Assessment Report (CPAR) generated from the Past Performance Information Retrieval System (PPIRS) in lieu of Attachment C for any project. Information submitted in a format other than NAVFAC/USACE Past Performance Questionnaire or CPAR generated from the PPIRS may not be considered for evaluation.

2.3.5.2.2. In the case of an Offeror for whom past performance information is not available, the Offeror may not be evaluated favorably or unfavorably on this factor.

00 22 00 – 8

2.3.5.2.3. Government evaluators may contact your points of contact/references for the projects submitted to verify an Offeror’s past performance on these projects.

2.3.5.3. FACTOR III ORGANIZATION

2.3.5.3.1. Provide an organizational chart that clearly identifies the management, design, and construction teams, and key personnel to be utilized in executing task orders under the contract. Arrange the chart by organizational levels and location, depicting lines of authority. The chart should show the interrelationship between the contract management team and on-site project teams.

2.3.5.3.2. Describe what firms will be utilized, their resources and how their resources will be utilized, their roles and responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint venture agreements, including a clear description of each firm’s roles and responsibilities. Describe the proposed management structure for the team, describing how the design and construction process will be managed and the authorities and the delegations of authority within the team. Describe any previous teaming experience between current team members. Include a general description of the work the offeror will self-perform.

2.3.5.3.3. Describe your resources available and your capabilities to support this contract concurrently with other projected on-going or new work. Describe your resources available (i.e. in-house design & construction personnel, subcontractor personnel, ability to partner with other firms, etc.) and your capabilities to manage and execute several (anticipated 2 or more) concurrent task orders, which may be located at various locations in Japan. Describe why your firm is especially qualified to undertake this contract.

3. PHASE TWO PROPOSAL SUBMISSION INSTRUCTIONS:

3.1. The contracting officer will select the most highly qualified offerors and request that only those offerors submit phase-two proposals.

3.1.1. A Phase Two amendment will provide the Phase Two Section 00 22 00 Proposal Submission Requirements, the Phase Two Section 00 22 16 Evaluation Factors for Award, Section 00 10 00 CLIN…