A.8.6_16r3_am1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

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)

See next page.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912HV-16-R-0003

X 9B. DATED (SEE ITEM 11)

18-Mar-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

AM-0001

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

6. ISSUED BY

3. EFFECTIVE DATE

5 Apr 2016

CODE

U.S. ARMY ENGINEER DISTRICT, JAPAN

CONTRACTING DIVISION

APO AP96338-5010

UNITED STATES (THE)

W912HV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

Am-0001 Standard Form 30 RFP No. W912HV-16-R-0003 Page 2 of 2 Item No. 14 (Continued)

14. DESCRIPTION OF AMENDMENT (continued)

A. CHANGES TO SPECIFICATIONS – The amendment mark “(Am-0001)” is shown on each page of the amended specification section(s).

Revised Page(s)/ Paragraph(s) to Project Specifications. Attached hereto are the following revised page(s)/paragraph(s) to the specifications. Revised paragraph(s) will replace like-numbered page(s)/paragraph(s) in the subject specifications. Revisions are highlighted in yellow.

Section Page No(s) / Paragraph No(s).

SF1442 Page 1, Block 10 00 22 00 Page 1, para 1.2.1; Page 8, para 3.1.1 00 22 16 All pages in section replaced* (para

4.1.1, para 4.2.1.4, para 6.0, para 7.1.1 table)

00 70 00 All pages in section replaced* (FAR 52.216-18 added)

00 73 00 Page 5, para 17(a)*

*These sections are being issued in its entirety due to pagination.

B. PRE-PROPOSAL CONFERENCE SLIDES - The attached power point presentation was presented at the Pre-Proposal Conference. The pre-proposal slides are provided for informational purposes only. The slides are not part of the solicitation (and will not become part of the contract) and do not amend the solicitation (specifications, drawings, etc.).

C. The follow companies attended the pre-proposal conference:

Contrack Watts Inc.

Gilbane HI-TECH Development Co., Ltd.

IOD Inc.

Kumagai Gumi Co., Ltd.

Nippo Corporation NSI, Inc.

Obayashi Corporation Retech Co., Ltd.

Rokko & Associates, Inc.

Tokyu Construction Co., Ltd.

D. Proposal due date and time remains unchanged.

(AM-0001)

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

Section 00 10 00 Contract Line Item Number (CLIN) Schedule

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 Up to 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 – 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 Schedule, as well as plans and specifications for the seed project. The Phase Two amendment will be provided only to those offerors deemed to be the highest qualified as a result of the Phase One evaluation. The Phase One evaluation factors will flow down to the Phase Two evaluation. It is currently anticipated that Phase Two will contain the following additional evaluation factors as it specifically relates to the seed project: design approach, key personnel and price.

Phase Two will include pricing for the seed project as well as rates for key personnel.

Rates for key personnel will be used to establish a binding rate schedule for the base period and option years.

Magnitude of the seed project: The estimated price range of work for the seed project is between ¥1,000,000,000 and ¥2,500,000,000.

Further details will be provided in the Phase Two amendment.

00 22 16 - 1

Section 00 22 16 – Supplementary Instructions to Proposers

EVALUATION FACTORS FOR AWARD

1.0 AWARD OF CONTRACT

1.1. The Government seeks to award 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. Awards will be based on the best value – trade-off approach.

1.1.1. Proposals will be evaluated in Phase One to determine which offerors will submit proposals for Phase Two. Up to six (6) offerors may be selected to submit phase-two proposals. After evaluating phase-one proposals, the Government will select the most highly qualified offerors and request that only those offerors submit phase-two proposals.

1.1.2 For Phase Two, a seed project will be issued to be competed amongst the most highly qualified offerors selected to participate in Phase Two. 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 advantageous offer. The Government may consider award to other than the lowest priced Offeror or other than the highest technically rated Offeror.

1.2. 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 proposal determined to represent the best value—the proposals most advantageous to the Government, price and other factors considered. Award of the subsequent IDIQ contracts will be made to the Offeror(s) whose proposal(s) is (are) considered to represent the best value 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.

1.3. The Government reserves the right to discuss aspects of proposals with Offerors in the competitive range. 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

00 22 16 - 2 price (Phase 2) and technical (Phase 1 and 2) standpoint. Offerors shall not assume 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”.

2.0 PHASE-ONE PROPOSAL EVALUATION

2.1. Numerical scores and other point-scoring techniques will not be used in the evaluation process. Each factor will be rated on an adjectival rating system. The Government will evaluate offers in accordance with the evaluation factors described in paragraph 4.0 of this section.

2.2. Upon completing the evaluation of all proposals, the Contracting Officer will, in accordance with the provisions of this solicitation and applicable acquisition regulations, proceed to select the most highly qualified offerors without discussions. However, if discussions are determined necessary, the Contracting Officer will establish a competitive range and conduct discussions only with those Offerors within the competitive range. Upon conclusion of discussions, the Contracting Officer will request final proposal revisions from Offerors remaining in the competitive range and may, upon receipt of final proposal revisions, proceed to select the most highly qualified offerors without further discussions or notice.

3.0 PHASE ONE EVALUATION FACTORS AND WEIGHTS:

Phase-one Proposals will be evaluated using the evaluation factors listed below:

Factor Number Description Relative Importance Factor I Past Experience 1st (Most important factor) Factor II Past Performance 2nd (Less important than Factor I) Factor III Organization 3rd (Less important than Factor II)

4.0 PHASE-ONE PROPOSAL

4.1. FACTOR I PAST EXPERIENCE

4.1.1. Rationale for Evaluation of Past Experience

The Government will evaluate the Offeror’s past experience on relevant projects to assess the Offeror’s ability to complete task order requirements under this contract.

The Government’s evaluation will use the following sub-factors and sub-factor elements. All sub-factors are of equal weight to each other. The sub-factors will be rolled up into Factor I for overall rating of Factor I.

4.1.1.1. Sub-factor 1 Construction Experience

00 22 16 - 3

4.1.1.1.1. The Government will evaluate the Offeror’s construction past experience on relevant projects to assess the Offeror’s ability to complete task order requirements under this contract. Only relevant construction projects will be considered. For purposes of evaluation of this sub-factor, relevant projects are projects that:

(1) Were construction projects,

(2) Had a contract value which equals or exceeds ¥75,000,000

(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.

4.1.1.1.2. The Government will evaluate how much construction experience an offeror displays, as the prime contractor, on relevant construction projects (see 4.1.1.1.1), to include:

(1) Construction experience with diverse types of work, to include but not limited to site preparation, utility work, pavements, HVAC, refrigeration, fuel systems, building renovation, vertical construction, painting, electrical distribution, lighting, 00 22 16 - 4 telephone systems, security systems, plumbing, fire protection, interior renovation, anti-terrorism/force protection, landscaping, and irrigation.

(2) Experience completing projects in Japan.

(3) Experience performing multiple projects simultaneously.

(4) Experience with US Funded construction work (Understanding of U.S.

Department of Defense design standards, design codes, and administrative requirements).

(5) Experience with Design-Build projects.

(6) Experience with construction projects that have a total value of over ¥1,000,000,000 may be considered more advantageous than projects that have a total value of ¥1,000,000,000 or less.

4.1.1.2. Sub-factor 2 Design Experience

4.1.1.2.1. The Government will evaluate the Offeror’s design past experience on relevant projects to assess the Offeror’s ability to complete task order requirements under this contract. Only relevant design projects will be considered. For purposes of evaluation of this sub-factor, relevant design 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 project 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).

NOTE: Offerors are encouraged to read clause 52.236-5001, Personnel, Subcontractors and Outside Associates or Consultants. This clause limits a contractor’s right to substitute any subcontractor(s) specifically identified in their accepted proposal.

4.1.1.2.2. The Government will evaluate how much design experience an offeror displays on relevant design projects, to include:

(1) Design experience with diverse types of work, to include but not limited to site preparation, utility work, pavements, HVAC, refrigeration, fuel systems, building

00 22 16 - 5 renovation, vertical construction, painting, electrical distribution, lighting, telephone systems, security systems, plumbing, fire protection, interior renovation, anti-terrorism/force protection, landscaping, and irrigation.

(2) Experience completing designs for U.S. Department of Defense construction projects in Japan.

(3) Experience completing designs for Design-Build construction projects.

4.2. FACTOR II PAST PERFORMANCE

4.2.1. Rationale for Evaluation of Past Performance

4.2.1.1. The past performance evaluation determines how relevant recent efforts accomplished by the offeror is to the effort to be acquired through the source selection. The evaluation also assesses the degree of confidence the Government has in an offeror’s ability to supply products and services that meet the user’s needs, based on a demonstrated record of performance. The Government will evaluate each offeror’s past performance to determine how well it conforms to specifications and standards of good workmanship, adheres to contract schedules including administrative aspects of the performance, exhibits reasonable and cooperative behavior and a commitment to customer satisfaction and has a businesslike concern for the interests of the customer.

4.2.1.2. 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.

4.2.1.3. The Government will evaluate the relative merits of each Offeror’s past performance on the same relevant projects submitted and evaluated under Factor 1, Past Experience. Please keep in mind that “Past Experience” measures “what you have done” while “Past Performance” measures “how well you have done it”.

4.2.1.4. The Government reserves the right to obtain or verify an Offeror’s past performance information from other sources including the U.S. Army Corps of Engineers’ Construction Contractor Appraisal Support System (CCASS) or Architect- Engineer Contract Administration Support System (ACASS) Contract Performance Assessment Reports System (CPARS). Evaluators may consider any data in the above in determining the performance rating in conjunction with the completed surveys provided by past customers. Government evaluators may contact your points of contact/references for the projects submitted to verify an Offeror’s past performance on these projects. In addition, the Government may use personal knowledge or information from other sources, such as agency performance databases and Government construction administration personnel, in its evaluation of an Offeror’s past performance. The Government may use data provided by the Offeror and data obtained from other sources. While the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete past performance information rests with the Offeror.

4.3. Factor III Organization

00 22 16 - 6

The Government will evaluate the Offer’s ability to thoroughly depict the organization proposed for this project, their hierarchy, functions/responsibilities, and on how well they clearly demonstrate an understanding of the organizational structure and relationships required for successful execution of the contract and task order requirements. The Government will evaluate how well the offeror demonstrates a thorough understanding of the design and construction process required for successful execution of the contract and task order requirements. The Government will evaluate how well the offeror demonstrates it has the resources needed to administer multiple (at least two) projects under the contract at the same time.

5.0 PHASE TWO EVALUATION

5.1. At the conclusion of Phase Two, 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. In addition, the seed project will be issued as a task order to the contractor which proposed the overall best value to the Government.

Evaluated price will be compared to the technical factors and a price/technical tradeoff will be conducted to determine which offer represents the overall best value to the Government. The Government reserves the right to make an award to other than the lowest priced offeror or to other than the offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government.

5.2. Numerical scores and other point-scoring techniques will not be used in the evaluation process. The non-price factors and subfactors will be rated on an adjectival rating system. The Government will evaluate offers in accordance with the Non-Price evaluation factors and subfactors described in paragraph 6.0 of this section and the offerors’ proposed total price.

5.3. Offerors are advised that the Government intends to award without discussions.

Upon completing the evaluation of all proposals, the Contracting Officer will, in accordance with the provisions of this solicitation and applicable acquisition regulations, proceed to award without discussions. However, if discussions are determined necessary, the Contracting Officer will establish a competitive range and conduct discussions only with those Offerors within the competitive range. Upon conclusion of discussions, the Contracting Officer will request final proposal revisions from Offerors remaining in the competitive range and may, upon receipt of final proposal revisions, proceed to award a contract without further discussions or notice.

6.0 PHASE TWO EVALUATION FACTORS AND WEIGHTS FOR AWARD

A Phase Two amendment will provide the Phase Two Section 00 22 00 Submission Requirements, the Phase Two Section 00 22 16 Evaluation Criteria, Section 00 10 00 Schedule, as well as plans and specifications for the seed project. The Phase Two amendment will be provided only to those offerors deemed to be the highest qualified as a result of the Phase One evaluation. The Phase One evaluation factors will flow down to the Phase Two evaluation. It is currently anticipated that Phase Two will contain the following additional evaluation factors as it specifically relates to the seed project: key personnel, design approach and price. Phase Two will include pricing for the seed project as well as rates for key personnel. Rates for key personnel will be used to

00 22 16 - 7 establish a binding rate schedule for the base period and option years. Further details will be provided in the Phase Two amendment.

7.0 EVALUATION RATINGS AND DEFINITIONS

7.1. The following evaluation ratings and definitions will be used to evaluate the non-price factors other than past performance. Past performance will be evaluated according to paragraph 7.1.2.

7.1.1. Combined Technical/Risk Rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings listed in the below chart.

FACTOR 1. PAST EXPERIENCE – COMBINED TECHNICAL/RISK RATINGS

FACTOR 3. ORGANIZATION – COMBINED TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is very low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements.

Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.

Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is not awardable.

7.1.2. Past Performance Evaluation. The past performance evaluation is an assessment of the offeror’s probability of meeting the solicitation requirements. The past performance evaluation determines how relevant a recent effort accomplished by the offeror is to the effort to be acquired through the source selection. The evaluation also assesses the degree of confidence the Government has in an offeror’s ability to

00 22 16 - 8 supply products and services that meet the user’s needs, based on a demonstrated record of performance. See FAR 15.305.

7.1.2.1. The Past Performance Relevancy Ratings are as follows:

Past Performance Relevancy Ratings

Rating Definition Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

7.1.2.2. The Performance Confidence Assessment Ratings are as follows:

Past Performance Confidence Assessments

Rating Definition Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform this required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Limited Confidence Base on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

7.2. Evaluation definitions:

Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk or unsuccessful contract performance to an unacceptable level. See FAR 15.001

00 22 16 - 9

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

Significant Strength. A significant strength appreciably enhances the merit of a proposal or appreciably increases the probability of successful contract performance.

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001

Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001

-- End of Section --

W912HV-16-R-0003

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Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of

Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity

MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and First- Tier Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or

Pricing Data--Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data-- Modifications

OCT 2010

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(AM-0001)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.222-50 Combating Trafficking in Persons (MAR 2015) Alternate I

MAR 2015

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

MAR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming

Products

DEC 2011

52.223-17 Affirmative Procurement of EPA – Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense

Base Act)

JUL 2014

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas

APR 1984

52.228-11 Pledges Of Assets JAN 2012 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction

Contracts

MAY 2014

52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--

System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small

Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the

Work

APR 1984

52.236-5 Material and Workmanship APR 1984

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52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items DEC 2015 52.245-1 Alt I Government Property (Apr 2012) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the

Government (Fixed-Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT

2015)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to

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Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal 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).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

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(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C.

Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system.

This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

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(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

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(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of days specified in each task order. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of as specified in each task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

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52.216-18 ORDERING (OCT 1995)

(a) Any supplies…