A.8.5_Solicitation_(Phase_1)_P603_01MAR2016.pdf

PROJECT: FY16 NAVY MILCON P-603 Security Modification to MC158-T (CVW-5 Operational Training Facility), MCAS Iwakuni, Japan

This acquisition is being conducted using a "Two-Phase" procurement process in accordance with FAR PART 15.

SECTION 00 21 00, Instructions SECTION 00 22 00, Supplementary Instructions SECTION 00 22 16, Supplementary Instructions to Proposer SECTION 00 45 00, Representations and Certifications SECTION 00 70 00, Conditions of the Contract SECTION 00 73 00, Supplementary Conditions

A future amendment will be issued for Phase 2 and will add technical specifications and plans as well as Phase 2 Schedule, Proposal Submittal Instructions and Evaluation Criteria. Only those offerors deemed technically acceptable in the Phase 1 evaluation will receive the Phase 2 amendment.

COLIN K WAKI 046-407-3884

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

1-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 ________ 230 calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________ 52.511-10

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 Section

00 22 00* copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 31 Mar 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 X is, 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 _______ 90 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-0004 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 w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912HV-16-R-0004

Section 00 21 00 - Page 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. MAGNITUDE OF THE PROPOSED PROJECT.

The estimated price range of this work is $5,000,000 - $10,000,000 [FAR 36.204].

3. 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 listed below by March 11, 2015 at 2:00 PM Japan Local Time.

POC: Colin Waki Email: colin.k.waki@usace.army.mil

4. SPECIAL TREATMENT OF PACKAGING OF EQUIPMENT AND MATERIAL.

Bidders are cautioned that equipment and material requiring ocean transportation may be subjected to inordinate dangers and special treatment or packaging may be necessary to assure arrival in a condition conforming to contract requirements.

Section 00 21 00 - Page 2

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. The offer must be accompanied by a copy of the Joint Resolution of the Boards of Directors of the firms composing the joint venture. Failure to comply with this requirement may be cause for rejection of the offer.

7. BONDING THRESHOLDS (MAR 2013).

a. Under the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (FASA), the Miller Act (40 U.S.C.

270a-270f) no longer applies to contracts that do not exceed the amount of $150,000. Therefore, the Government will not require the successful bidder to furnish a performance bond if it appears that award of a contract to the bidder will be in an amount of $150,000 or less.

b. The government requires a bid guarantee to accompany a bid when a performance bond will be required under the resulting contract. Therefore, under this solicitation, any bid that is in excess of $150,000 shall be accompanied by a bid guarantee, in the form and amount that is required by provision "52.228-1, BID GUARANTEE," and other pertinent provisions and clauses in this solicitation. Failure to submit a bid guarantee in such case may render the bid non-responsive to the solicitation.

c. A bid under this solicitation that does not exceed $150,000 shall not require a bid guarantee to be submitted with the bid. Absence of a bid guarantee in such case will not, in and of itself, render the bid nonresponsive to the solicitation.

d. 52.228-1, as included in the original solicitation, requires a bid guarantee in the amount of 20 percent of the bid price or $3,000,000, whichever is less.

8. PERFORMANCE BOND (MAR 2013).

a. Applicable to contracts exceeding $150,000

b. Within 10 calendar days after the date of receipt of the award letter, the bidder to whom award is made shall furnish the Government with a performance bond (Standard Form 25) with good and sufficient surety or sureties acceptable to the Government. The penal sum of the Performance Bond shall equal one hundred percent (100%) of the contract price.

c. Performance bond will be furnished by the Contractor to the Government prior to issuance by the Government of a Notice to Proceed. (FAR 28.102-3) [0000-4124]

9. SAFETY STANDARDS.

The successful offeror will be required to comply with the Occupational Safety and Health Act (OSHA) standards as well as the Corps of Engineers Manual 385-1-1, Safety and Health Requirements Manual.

Section 00 21 00 - Page 3

10. PRORATED COSTS. All costs pertaining to the performance of work under the contract over and above the direct costs for the work shall be prorated to and included in the price quoted for each item in the Bidding Schedule.

11. PERFORMANCE OF WORK BY THE CONTRACTOR – DEFINED. For the purpose of Clause entitled, "PERFORMANCE OF WORK BY THE CONTRACTOR", of Special Contract Requirements, work on the site with the Contractor's own organization means physical activities at the site other than work performed by subcontractors, procurement of materials for installation by subcontractors, or providing equipment to be used solely by subcontractors.

12. JAPANESE CONSUMPTION TAX (APR 2014).

Effective April 1, 2014, the Government of Japan increased the rate of Japanese Consumption Tax from 5% to 8%.

By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.” Standard Form 1034 Public Voucher for Purchases and Services other than Personal DD Form 1155 Order for Supplies or Services Standard Form 44 Purchase Order-Invoice-Voucher ENG Form 93 Payment Estimate. Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

13. DEFINITION OF THE WORDS ITEM/ITEMS.

a. This solicitation contains a single schedule for award to a single bidder.

b. For the purpose of this solicitation, the words "ITEM" and "ITEMS" as used in provision(s) of this section shall be construed to mean "SCHEDULE" and "SCHEDULES", respectively.

Section 00 21 00 - Page 4

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.217-5 Evaluation Of Options JUL 1990 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price Construction contract resulting from this solicitation.

Section 00 21 00 - Page 5

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 Unit 45010

APO AP 96343-5010

(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 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit will be scheduled during Phase 2 of this solicitation and issued through an amendment.

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/

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

Section 00 21 00 - Page 6

(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 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.

Section 00 21 00 - Page 7

(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.

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

(End of Provision)

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

(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—

Section 00 21 00 - Page 8

(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 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.

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

FY16 MILCON P-603 (E-2D Operational Trainer Complex), MCAS Iwakuni, Japan

PHASE 1 - SECTION 00 22 00 Page 1

SECTION 00 22 00

PROPOSAL SUBMISSION REQUIREMENTS (PHASE 1)

1. General Instructions.

This acquisition is being conducted using a “Two-Phase” procurement process.

This Section outlines Proposal Submission Requirements for Phase 1 of the subject solicitation.

Offerors must have a valid U.S. security facility clearance of Top Secret or higher in order to respond to this RFP.

Phase 2 of the RFP will include information that is for For Official Use Only (FOUO) which will be released only to Offerors possessing the appropriate clearances. A two-phase procurement process will be used to ensure that all FOUO documents are controlled and released only to Offerors with the appropriate security clearances. All FOUO material must be handled in accordance with the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220-22-M) and Industrial Security Regulation (DoD 5220.22-R).

Included as Attachment A to this section is DD Form 254, Department of Defense Contract Security Classification Specification. This attachment provides the security specifications and clearance requirements pertaining to this project. Block 14 of the document references a section and appendix that will be provided in the Phase 2 of this solicitation. This attachment is for information only and will not be required to be submitted as part of the proposal submission package.

PHASE 1 – Security Qualification of Offerors Phase 1 of the solicitation is for the submission and evaluation of contractor’s security qualifications. The Government will evaluate and determine the Offerors’ security qualification based on their submission of required documents outlined below. No FOUO documents pertaining to this construction project are included in Phase 1 of the solicitation. No pricing will be requested during this Phase.

PHASE 2 – Requests for Proposals from Qualified Offerors Only those Offerors that meet the security requirement in Phase 1 will be invited to participate in Phase 2 of this solicitation. Phase 2 will incorporate by amendment the full plans and specifications for the construction of this project and will require submission of both price and technical proposals for evaluation. The Phase 2 amendment will also incorporate the applicable Phase 2 proposal submittal requirements and Phase 2 evaluation criteria. It is currently expected that Phase 2 evaluation criteria will be Lowest Price Technically Acceptable (LPTA) and contain such factors as Past Experience, Past Performance, and Price.

A. It is the offeror’s responsibility to provide information and evidence that clearly demonstrates that it meets the capability requirements of this solicitation. The Government may contact references submitted and may use information contained in its files or from other sources to verify information provided with the offeror’s proposals.

B. The Government will determine which offeror demonstrates the required competence for performing the requirement described herein and offers the lowest priced technically acceptable proposal to the Government.

Offerors are advised the Government intends to make an award on the basis of initial proposals without conducting discussions with the offerors (other than communications conducted for the purpose of clarification). However, the Government reserves the right to conduct discussions if the Contracting Officer determines it necessary. Therefore, the initial proposal should contain the offeror’s best terms with respect to capability and price. For Phase 1, there is no price proposal submission. Offerors deemed technically acceptable on Phase I proposals will be invited to submit a Phase 2 proposal.

C. Proposals that fail to comply with the proposal submittal requirements addressed in this section of the solicitation may be deemed unacceptable.

PHASE 1 - SECTION 00 22 00 Page 2

D. Time and Due Date. Phase 1 proposal is due no later than the time and date specified in Block 13a of the Standard Form 1442, Solicitation, Offer and Award, for this solicitation. When hand-carrying proposal, offerors are advised that they must process through the base security and should be aware of possible delays.

2. General Format

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.

A. Proposals shall be organized and tabbed as shown in Paragraph 3.A below.

B. Proposal pages should be standard 8-1/2” x 11” or A4 white bond paper using 12 characters per linear inch or equivalent as the minimum size standard for text.

3. Content.

A. Submit one (1) original and four (4) copies of the documents shown in table below. The documents shall be tabbed in the order shown in the table below.

Phase 1 Proposal Submission Requirements

Tab Document to be Submitted

Cover Sheet. See Subparagraph II.a. below

1 Standard Form 1442 (Signed and Completed)

2 Factor 1: Security Qualifications. See Subparagraph II.b. below

3 Section 00 45 00, Representations and Certifications and Other Statement of Offerors

4 Joint Venture Agreement (if applicable). See Subparagraph II.c. below

5 Controlled Unclassified Information Non-Disclosure Agreements (NDA) provided for all employees (prime contractor and subcontractor) who will need access to FOUO documents provided in the Phase 2 amendment. (Attachment B to this section).

II. Additional Submittal Instructions

a. COVER SHEET

(i) Follow instructions in Paragraph (c)(2) in Section 00 21 00, 52.215-1, INSTRUCTIONS TO

OFFERORS--COMPETITIVE ACQUISITION.

(ii) Include on the Cover Sheet, an email address where FOUO email may be sent to your firm. Only US Citizens who (1) have executed the NDA referenced above and (2) need to view the FOUO portions of the RFP to offer on or perform the contract, shall have access to this email account.

b. Tab 2, Factor 1, SECURITY QUALIFICATIONS

Submit the following requirement documents:

(i) Document showing the Commercial and Government Entity (CAGE) Code of the offeror

(1) CAGE Code will be used to validate Offeror’s Department of Defense (DoD) ‘Top Secret’ Facility Clearance Level (FCL)

PHASE 1 - SECTION 00 22 00 Page 3

(2) The CAGE Code must be for the same company shown as the offeror on the Standard Form 1442.

c. Tab 4, JOINT VENTURE AGREEMENT

(i) If applicable, Offerors must submit a Joint Venture Agreement for all entities which comprise of the joint venture. All Joint Venture members must possess a Department of Defense (DoD) ‘Top Secret’ Facility Clearance Level (FCL). Submit the CAGE Code for all Joint Venture members.

d. Tab 5, Controlled Unclassified Information Non-Disclosure Agreements

(i) Controlled Unclassified Information Non-Disclosure Agreements provided for all employees (prime contractor and subcontractor) who will need access to FOUO documents provided in the Phase 2 amendment.

Note: More information on requirements pertaining to the handling of FOUO information is in Section 00 73 00.

Section 00 22 00, Attachment A

DD Form 254 – Department of Defense Contract Security Classification Specification

Section 00 22 00, Attachment B

Controlled Unclassified Information Non-Disclosure Agreement

Section 00 22 00, Attachment B Solicitation No. W912HV-16-R-0004

US ARMY CORPS OF ENGINEERS

CONTROLLED UNCLASSIFIED INFORMATION NON-

DISCLOSURE AGREEMENT

I, ______________(an individual official, employee, consultant, or subcontractor of or to _______________________ (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

As used in this Agreement, Controlled Unclassified Information (CUI) is an over-arching term that covers any information which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. This includes information categorized by government agencies as: For Official Use Only (FOUO) and any other identifier used by other government agencies to categorize information as CUI. Applicable regulations governing the handling and dissemination of FOUO are DoD Manual 5200.01- V4 and Army Regulation 380-5.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of Information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.

2. By being granted conditional access to the information indicated above, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

3. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

4. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. I hereby agree that material which I have in my possession and containing information covered by this

Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information. I agree that I shall return all information to which I have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support to the United States Government; and/or 3) upon the determination that my official duties do not require further access to such information.

6. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as the original.

7. I hereby agree that I shall promptly report to the appropriate official, in accordance with the guidance issued for the applicable category of information, any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation, I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

8. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information, to include classified national security information.

9. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent with the terms of this Agreement.

10. This Agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government or the Authorized Entity. By granting me conditional access to information in this context, the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any CUI to which I have been given conditional access under the terms of this Agreement.

11. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter.

12. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

13. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure

Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

14. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section I 034 of Title I 0, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.

15. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the briefing officer has made available to me any laws, regulations, or directives referenced in this document so that I may read them at this time, i f I so choose.

Signature

Organization (Provide Name and Address)

Date

PHASE 1 - SECTION 00 22 16 Page 1

SECTION 00 22 16

Evaluation Factors for Award

1. Evaluation of Eligible Offerers for Phase 1

Selection of Eligible Offerers will be based on the evaluation of the proposals submitted by each offeror using the factors outlined in the following sections. The Government intends to evaluate proposals and makes its selection of qualified offerers to participate in Phase 2 of this solicitation without discussions with offerors. However, the Government reserves the right to conduct discussions if the contracting officer determines them to be necessary.

Offerors must be rated as ‘acceptable” under Phase 1, Factor 1, Security Qualifications, to be eligible to participate in Phase 2 of the selection.

2. Evaluation Factors for Award

The Government will evaluate the following factors.

A. SECURITY QUALIFICATIONS

I. Factor 1, SECURITY QUALIFICATIONS:

a. The Government will evaluate whether the contractor has provided all required submittal documentation.

Failure to submit all the below required documentation will cause the offeror to be rated as “unacceptable” for this factor:

(i) The Offeror must submit its proper Commercial and Government Entity (CAGE) Code. The CAGE

Code must be for the same company shown as the offeror on the Standard Form 1442. If a joint venture, the CAGE code of each Joint Venture member must also be submitted.

(ii) Controlled Unclassified Information Non-Disclosure Agreements shall be provided for those employees (prime and subcontractor) who will need access to FOUO information during Phase 2 of the selection.

Note: If the offeror is a Joint Venture the foregoing must be submitted for each Joint Venture member.

b. The Government will evaluate whether or not the offeror has the required “Top Secret” Level Clearance on its DoD FCL, issued in accordance with the National Industrial Security Program Operating Manual (NISPOM), DoD 5220.22-M:

(1) CAGE Code will allow the Government to obtain information regarding the Offeror’s

Department of Defense (DoD) Facility Clearance Level (FCL).

(2) The Government will evaluate each Offeror’s security qualifications based on the DoD FCL documentation generated from the system.

(3) The Offeror, including all entities which comprise a joint venture, must possess at the date and time specified for receipt of Phase 1 proposal, “Top Secret” Level Clearance on its DoD FCL, issued in accordance with the National Industrial Security Program Operating Manual (NISPOM), DoD 5220.22-M. Offerors who do not have a DoD Top Secret FCL at the date and time specified for receipt of Phase 1 proposal will not be rated as “acceptable” for this factor.

PHASE 1 - SECTION 00 22 16 Page 2

c. Factor 1, Security Qualifications will be rated on an “Acceptable” or “Unacceptable” basis using the ratings and descriptions shown below.

Acceptable – Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable – Proposal does not clearly meet the minimum requirements of the solicitation.

--End of Section--

Section 00 45 00 - Page 1

Section 00 45 00 - Representations and Certifications

1. CORPORATE CERTIFICATE. In accordance with FAR 4.102(c), the offeror, if a corporation, is requested to complete and submit the following certificate. A joint venture will require a submittal of this certificate from both parties involved.

C O R P O R A T E C E R T I F I C A T E

The Offeror, if a corporation, shall have this certificate executed under its corporate seal, provided that the same officer of the corporation shall not execute both the offer and this certificate. [0000-4503]

I, ___________________________________________________________, certify that I am the

____________________________________________ of the corporation named as Offeror herein; that

____________________________________________________________, who signed the offer on behalf of the

Offeror, was then _______________________________________________ of said corporation; and that said offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

(CORPORATE SEAL) __________________________________ (PERSONAL SEAL)

(Signature)

Section 00 45 00 - Page 2

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation DEC 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is NOT APPLICABLE.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii)…