W912JD-10-R-0001-0001.pdf

W912JD-10-R-0001

F7QJCE92800300 FKNN089019

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The main purpose of this amendment is to incorporate the questions and answ ers derived from the site visit on December 15, 2009. This amendment w ill also incorporate changes/additions/deletions recommended by the National Guard Bureau.

All other terms and conditions w ill remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 30

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

16C. DATE SIGNED

BY 30-Dec-2009

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912JD-10-R-0001

X 9B. DATED (SEE ITEM 11)

04-Dec-2009

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 is extended, X 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

30-Dec-2009

CODE

USPFO FOR MAINE CONTRACTING

BUILDING 39

CAMP KEYES

AUGUSTA ME 04333-0032

W912JD 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The offer guarantee has changed from is required to is not required.

The solicitation issue date has changed from 01-Dec-2009 to 04-Dec-2009.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by reference:

52.215-16 Facilities Capital Cost of Money JUN 2003 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

The following have been added by full text:

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

Protest to the independent review authority shall be filed with either the Office of the Chief Council or the Contracting Officer:

Office of Chief Counsel ATTN: NGB Protest Decision Authority 1411 Jefferson Davis Highway Jefferson Plaza 1; Suite 11300 Arlington, Virginia 22202-3231 FAX (703) 607-3684 or 3682

OR

Protest to the Contracting Officer shall be filed at:

USPFO for Maine Attn: Lt Col Robert P Crowley Building 39, Camp Keyes Augusta, Maine 04333

FAX (207)626-4533

ONLY WRITTEN PROTESTS WILL BE CONSIDERED. NO PROTESTS MAY BE FILED BY ELECTRONIC

MAIL.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

The following have been modified:

SECTION 00100

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. SCOPE

1.1. You. are invited to submit a proposal in response to our Request for Proposal (RFP) W912JD-10-R-0001 titled Replace KC-135 Maintenance Hangar, 101 ARW, Bangor International Airport, Bangor, Maine. The Government intends to award a single Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and sub-factors in the solicitation.

1.2. This solicitation is set-aside 100% for small business.

2. NOTICE OF PRE-PROPOSAL CONFERENCE

2.1.1. A pre-proposal conference will be conducted on 15 December 2009 at 0900 (9:00 A.M.) for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at Base Civil Engineering Office Classroom, 106 Ashley Avenue, Suite 486, Bangor, ME 04401. Interested Contractors and their major subcontractors are highly encouraged to attend the pre-proposal conference. The site visit will be held following the conference.

2.1.2. Due to security conditions, all offerors must register to attend this conference and site visit. Email the following information for all attendees to Mr. Robert Busch at robert.busch@ang.af.mil with a courtesy copy to Mr David McPhail at david.mcphail@us.army.mil no later than 1500/3:00p.m. local time on the day prior to the pre-proposal conference which you plan to attend.

Visitor’s Name and Social Security No.

Drivers License Citizenship

2.1.3. This information must be provided in advance, not later than the business day prior to the meeting, in order to ensure access to the military base and conference site and ensure adequate seating for the conference attendees. Even if you have access to the base you must register to ensure adequate seating. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in the Government’s denial of your access to the pre-proposal conference. This information will be provided to the Base Security Forces who will authorize your entrance to the site.

2.1.4. Visitors must enter through the Installation’s Main Entry Gate. You will be required to present the following information upon arrival: (1) Vehicle Registration, (2) Valid Drivers License, (3) Proof of Insurance for Vehicle, (4) Safety Inspection and Car Rental agreement if applicable. Any of the above information furnished by you is protected under the Privacy Act and shall not be released unless permitted by law and/or you have consented to such.

2.1.5. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the mailto:robert.busch@ang.af.mil� solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

2.1.6. A record of the conference shall be made and furnished to all prospective offerors via posting to FedBizOpps. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

3. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

3.1. A Submit all questions on the Exhibit F, Proposal Inquiry Format by email to the contracting office at the address show below.

Subject Line: Reference No. W912JD-10-R-0001 Email: robert.busch@ang.af.mil and david.mcphail@us.army.mil

3.2. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach offerors before the submission of their offer.

3.3. The Contracting Officer reserves the right to address questions received after the fifth day prior to solicitation closing with those offers deemed responsive and/or in the competitive range after closing. All questions and requests for information (RFI) must be received NOT LATER THAN the fifth working day prior to closing and will be posted not later than two working days prior to closing. OFFERORS ARE STRONGLY ENCOURAGED

TO SUBMIT QUESTIONS EARLY IN THIS PROCESS.

3.4. Any interpretations made will be in the form of an amendment of the solicitation, drawings, specifications, etc., and will be furnished to all prospective offerors via posting to FedBizOpps.

3.4.1. Receipt by the offeror must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of proposals. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective offerors via the web site.

3.4.2. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FedBizOpps.gov or fbo.gov) system. FedBizOpps is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with FedBizOpps before accessing the system. FedBizOpps registration requires the following information:

3.4.2.1. 1) Central Contractor Registration (CCR) Marketing Partner Identification Number (MPIN) 2) DUNS Number and CAGE Code3) Telephone Number 4) E-Mail Address. Registration instructions can be found on the FedBizOpps website at https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf. Reference paragraph 4.4 of the Vendor Guide for instructions to retrieve the specification and drawing documents for this project. Bidders/offerors who have registered with FedBizOpps must access the data for this solicitation by way of the link below. Bidders/Offerors cannot log into the FedBizOpps home page and search for data.

4. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS

4.1. The right is reserved, as the interest of the Government may require, to revise or amend, the specifications or drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such amendments, if any, will be announced by an amendment or amendments to this Request for Proposal. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted on FedBizOpps.

4.2. Though every effort will be made to provide email notification when a change is posted such notification is NOT guaranteed and should not be expected. Offerors are strongly cautioned to check this site frequently and to “refresh” their web page to ensure they have the lasted information.

mailto:robert.busch@ang.af.mil� mailto:david.mcphail@us.army.mil� https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf�

5. HAND CARRIED PROPOSALS/INVITATIONS

5.1. A bid repository is provided for hand carried proposals and is located at USPFO for Maine, Contracting Office, Building # 39, Camp Keyes, Augusta, ME 04333. Please note this is different from the location of the pre-proposal conference.Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals.

5.2. Offerors are cautioned that approval to enter the base must be obtained prior to the closing date for receipt of proposals. Delays are probable at the entry point and should be accommodated for. Late receipt of proposals due to base entry delays may not be deemed excusable and the Contracting Officer may declare the proposal late and remove it from consideration.

6. WAGE DETERMINATION

6.1. Davis Bacon Wage Rates are applicable to this project. Current prevailing wage determinations at time of issuance of solicitation are: ME 20080001(Building), modification 10, dated 10/23.2009; ME20080007 (Heavy), modification 02, dated 6/12/2009; ME 20080010(Highway), modification 02, dated 6/12/2009.

In the event the current prevailing Wage Determination is changed by the Department of Labor prior to the closing date of this solicitation, it is the offeror’s responsibility to insure the most recent determination is used in preparing the proposal. An Amendment will not be issued prior to closing to change Wage Determination dates and/or numbers. Should the wage rate change after closing, but prior to award, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors/contractors will be given a reasonable opportunity to provide revised proposals solely to amend proposals due to Wage Determination changes. If the wage determination modification does not change any affected wage rates, then the provisions of FAR 22.404-5(c)(4) will apply.

6.2. Applicable wage rates can be found at http://www.access.gpo.gov/davisbacon/allstates.html

7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This RFP does not commit the Government to pay costs incurred in preparation and submission of initial and subsequent proposals or for other costs incurred prior to award of a formal contract.

8. REMOVAL OF SECTIONS AT TIME OF AWARD

Sections 00100, 00110, 00120, 00600 and all exhibits will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

9. DISPOSITION OF UNSUCCESSFUL PROPOSALS

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals. The Government will destroy extra copies of unsuccessful proposals. No destruction certificate will be provided.

10. INFORMATION REGARDING AVAILABILITY OF UTILITY SERVICES

10.1. It has been determined that all temporary utilities shall be the responsibility of the contractor. The contractor will pay all charges (hook up fees, metering, monthly usage, etc.) resulting from temporary utilities. The offerors will take this into consideration when computing its offer. (FAR Clause 52.236-14, Availability and Use of Utility Services.

http://www.access.gpo.gov/davisbacon/allstates.html�

11. EXCEPTIONS

11.1. If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00800) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an offeror takes no exceptions to any solicitation requirement if the offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an offeror's proposal unacceptable and ineligible for award.

12. CLAUSES

12.1. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

12.2. Clauses and provisions in this document may not appear in consecutive order.

13. AVAILABILITY OF FUNDS

Reference FAR Clause 52.232-18 -- Availability of Funds. Funds are not currently available. Project number FKNN089019 is a high priority project and approval has been obtained from PARC to authorize solicitation of bids without obtaining assurance of current fund availability. This requirement is included or provided for in the MILCON Program for FY 2010.

SECTION 00110 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. PROPOSAL PREPARATION INSTRUCTIONS

1.1. These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

Carefully review this section prior to commencing proposal preparation. All solicitation amendments must be acknowledged in accordance with Section 00100, FAR Provision 52.215-1, Instruction to Offerors – Competitive Acquisition and Instructions to Offerors.

1.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal, at the time of proposal submission, may result in the proposal being unacceptable to the Government and eliminated from consideration for award.

2. SOURCES OF PERSONNEL ON SELECTION BOARD

2.1. Offerors are advised that employees of the firms identified below may serve as advisors to Source Selection Evaluation Board members in the source selection process. These individuals will be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to perform their respective duties. Such firms are expressly prohibited from competing on the subject acquisition and from rating proposals or recommending a selection.

Contact Name: Mr. Robert B. Busch Firm: IIF Data Solutions, Inc.

Phone: (207) 990-7067 Fax: (207) 990-7488 Email: robert.busch@ang.af.mil

Contact Name: Eric R. Kraus Firm: Burns & McDonnell Phone: (816) 822-3839 Fax: (816) 333-3690 Email: ekraus@burnsmcd.com

2.2. In accomplishing their duties related to the source selection process, the aforementioned firms may require access to proprietary information contained in the offeror’s proposals. Therefore, pursuant to FAR 9.505-4, these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished. To expedite the evaluation process, each offeror must contact the above companies to effect execution of such an agreement prior to submission of proposals. Each offeror shall submit copies of the agreement with their proposal. Offerors who fail to execute agreements do solely at their own risk.

3. PROPOSAL CONTENT

3.1. Prospective offerors shall submit the following volumes in two separate packages:

3.1.1. Submit Volume 1, Price proposal and pro forma documents, in original and one (1) hard copy, except as noted, in accordance with instructions contained herein and;

3.1.2. Volume 2, Past/present performance information in original and three (3) hard copies .

mailto:ekraus@burnsmcd.com�

3.1.3. Submit Volume 2 in its entirety on Compact Disk (CD).

3.1.4. Offerors are cautioned to carefully review the proposal requirements for these Volumes and ensure a complete proposal is submitted.

3.2. PROPOSAL DUE DATE SCHEDULE

3.2.1. The entire proposal (Volumes 1 and 2 and the CD copy) are due by the date and time set for the receipt of proposals shown in Block 13 of the SF 1442. Past performance references should provide questionnaire responses to the Contracting Officer not later than the closing date.

3.2.2. After compiling all required information, submit original and specified number of copies to the issuing office listed in Block 7 of the SF 1442. Mark the front of the envelope/box with the following: “PROPOSAL No. W912JD-10-R-0001, DO NOT OPEN--- Competitive Acquisition”.

3.3. PROPOSAL FORMAT

3.3.1. Purpose: These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposed data. The proposal shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation.

3.3.2. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

3.3.3. Offerors are cautioned to submit enough information to enable the evaluation committee to fully ascertain each offeror’s capability to perform all of the requirements contemplated by this solicitation. All commitments made in the proposal may become a part of the resultant contract. The data submitted with each proposal should be complete and concise, but not overly elaborate. Excessive reliance on promotional brochures is discouraged.

3.3.4. Written proposals shall be prepared on standard 8.5 x 11 inch paper (charts may be landscaped but must be on 8.5 x 11 inch paper) and shall be in a legible font size (10). All pages of each proposal shall be appropriately numbered, and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required. Type size for graphics, charts, diagrams and tables shall be of an appropriate font and size for the application, and must be clearly readable without magnification assistance to the normal eye. Text lines will be no less than single-space. To the maximum extent practicable, proposal submission shall be double sided.

3.3.5. Binding: Elaborate format and binding are neither necessary nor desirable. All binders will be capable of lying flat when opened. Three ring binders are preferred. The cover and spine of each binder will clearly identify the offeror’s name, Part number, RFP number, RFP title and copy number, (e.g.

copy 2 of 3). The original for each volume will be clearly identified on the cover and the spine. All binders will allow for easy removal and replacement of pages.

3.3.6. Indexing: Each binder will contain a “Table of Contents” for that volume. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title, as well as by page number and volume locations. Tab indexing will be used to identify Sections as appropriate.

3.3.7. Electronic Copy: Provide one (1) electronic copy of all of the proposal information for Volume 2. Electronic copies shall be submitted on CD-ROM saved in Microsoft Word format or Adobe Acrobat. (“Read Only” files are acceptable). All disks shall be virus checked prior to submission.

3.3.8. If revised proposals are requested, all proposal revisions shall be submitted on colored paper as page changes with each page identified by date and page number. Revised pages shall be printed on one side and punched with a 3-hole punch along the left margin. The number of revised copies to be submitted is the same as the initial proposal.

3.3.9. Offeror may, at the discretion of the Government, be asked to provide clarifications regarding their proposals in accordance with FAR 15.306 (a). Requests for such information do not constitute discussions.

3.3.10. The offeror shall be held responsible for the validity of all information supplied in his/her proposal, including that provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

3.4. PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation.

Proposals, which do not include the requested minimum information, may be eliminated from further consideration for award.

3.4.1. VOLUME 1, PRICE/COST INFORMATION AND PRO FORMA DOCUMENTS

3.4.1.1. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00120 of this solicitation. The Government is not, and does not intend on, requesting certified cost or pricing data. Offerors may be required during the evaluation process to provided sufficient price/cost information that will enable the Government to perform a meaningful evaluation. If an offeror proposes an unusually low price, the offeror should also provide rationale to justify the price. Detailed requirements follow:

3.4.1.2. Provide an introductory page to include Cage Code, DUNS Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, facsimile numbers, and email addresses. Also, include your business socioeconomic status, e.g. small business, woman-owned small business, HUBZone small business, etc.

3.4.1.3. Offer and Section 00010 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102. One copy of the SF 1442 is required to have an original signature.

3.4.1.4. Section 00010 – Insert the price/cost associated with the project in the line items.

3.4.1.5. Representations and Certifications- Section 00600- insert the required certifications and representations and return only those shown in section 00600. All other required representations and certifications are to be completed on line in “ORCA”.

3.4.1.6. All potential offerors are required to register in the Central Contractor Registration (CCR), http://www.ccr.gov, in order to complete the annual Representations and Certifications found at the ORCA website. The ORCA site contains an ORCA Application Handbook and an ORCA Quick Reference Guide. To access them, simply click on the "Help" link at the top of the ORCA homepage. Ensure your Central Contractor Registration (CCR) information is up-to-date. Complete annual Representations and Certifications on line at http://orca.bpn.gov if you have not already done so.

You are not required to provide a copy of the Representations and Certifications completed in ORCA with your written proposal. DO include any Representations and Certifications and other statements of offerors contained in Section 00600 of this solicitation, which are in addition to the annual certifications on ORCA.

Information provided on your introductory page will assist us in locating and verifying your data in (CCR) and ORCA.

3.4.1.7. Provide on Exhibit D the number of days after the Notice to Proceed (NTP) is issued that Options 1 through 5 can be exercised and not affect contract price or performance period given a notice to proceed (NTP) on or about 4 April 2010 . The information provided will be incorporated in http://www.ccr.gov/� http://orca.bpn.gov/� unexercised options at time of contract award and will be used as a basis for exercising of options after award. (Exhibit D information is provided for informational purposes only and not for evaluation).

3.4.1.8. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity.

Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the Central Contractor Registration (CCR) database. HUBZone Joint Ventures must meet the requirements in FAR 19.1303(c) and will be referred to the Small Business Administration to determine eligibility.

3.4.1.9. Mentor- Protégé Program Requirements – Parties wishing to propose as a

Mentor- Protégé must submit, with the Pro Forma documents, an executed copy of the DoD Mentor- Protégé Agreement. The Mentor-Protégé Agreement shall be executed in accordance with DFARS Appendix I entitled Policy and Procedures for the DoD Pilot Mentor-Protégé Program. Parties are encouraged to pay specific attention to Section I-102, Participant eligibility, Section I-104, Selection of protégé firms, and Section I-105, Mentor approval process, which requires application to the cognizant Component Director of the Small Business Programs, in addition to all other sections within DFARS Appendix I.

3.4.2. VOLUME 2, OFFEROR PAST PERFORMANCE INFORMATION

3.4.2.1. VOLUME 2 is obtained for the purpose of evaluating Past Performance. Past Performance includes current/on-going performance that is complete to 70% or greater. Volume 2 includes the offeror’s Performance Relevancy Questionnaire, Exhibits A Parts 1 and 2; and any discussion and or additional information, awards, letters, etc. concerning past performance the offeror includes. Offerors are cautioned to complete all the questions on the Exhibits A Part 1 and Part 2. Detailed instructions are included in Exhibit A.

3.4.2.2. Offerors shall use the Reference Package, Exhibit C, to obtain references from past and present clients.

3.4.2.3. Past Performance, which includes current on-going (present) performance that is complete to 70% or greater will be evaluated using the evaluation criteria set forth in Section 00120 of the solicitation. If the offeror represents the combining of two or more companies, joint venture or formal teaming agreement, for the purpose of this RFP, each company shall complete Exhibit As and obtain Exhibit C references. The Government may contact these references and may consider this information as well as information obtained from any other sources when evaluating the offeror's past performance.

3.4.2.4. Offerors shall discuss their performance using the Performance Relevancy Questionnaire format, Exhibit A, Part 1, for a minimum of five (5) and maximum of seven (7 ) contracts

Contractors should select their projects carefully because the quality of the contractor’s relevant performance is more important than the quantity of projects submitted.

3.4.2.5. Use the Exhibit A form/format to provide information that demonstrates a history of performance on contracts that are similar in scope, complexity, and cost magnitude to this project’s plans and specifications. Explain what aspects of the contract you find relevant to the proposed effort and identify how each contract ranks, in terms of relevancy, with respect to the other contracts addressed in the volume.

3.4.2.6. Offerors should consider the currency and relevancy of the past performance information. To be considered, the performance must have been completed during the past five (5) years.

The period begins five (5) years prior to the solicitation release date and includes current performance.

Performance that is more current may have greater impact than older performance.

3.4.2.7. In determining relevancy to the solicitation requirement, offerors should consider the similarity of construction methods employed, size, scope, cost magnitude, location, client type and complexity of work performed to those required for the proposed effort.

3.4.2.8. Offerors are encouraged to include with their proposal information any problems encountered on the identified contracts and the offeror's correction actions.

3.4.2.9. Offerors lacking relevant present/past performance experience may submit information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement if such information is relevant to this acquisition. Such information shall, as a minimum, include:

Name(s) of Predecessor Company/Subcontractor and/or Key Personnel Complete Address Telephone, Fax Number and email address Brief synopsis of the experience. A resume (not included in page count) may be submitted for "Key Personnel" Describe relevancy to this project

3.4.2.10. Provide three (3) references, for each Predecessor Company, Subcontractor or Key Personnel. Clearly identify the contractor/individual for whom the reference information concerns.

3.4.2.11. Each proposed subcontractor/Teaming Partner must also complete an

Exhibit B, “Subcontractor/Team/Key Personnel Information and Consent Form”, to be considered.

3.4.2.12. Past Performance References – REQUIRED- Offerors shall prepare and submit to the owners of the projects listed in your Exhibit As, a Reference Package (Exhibit C) (detailed instructions are included in Exhibit C). This includes correspondence explaining the requirement to obtain an independent evaluation of prior contract performance, and the Past Performance Questionnaire for use in evaluating past performance. Inform references that completed Performance Questionnaire should be returned to the Contracting Officer via email at: robert.busch@ang.af.mil and david.mcphail@us.army.mil so as to arrive not later than the closing date for receipt of proposals.. Reference packages may also be faxed to (207) 626-4433 or mailed to: USPFO for Maine, Contracting Office, Building # 39, Camp Keyes, Augusta, ME 04333 . Offeror must not review the Past Performance Questionnaire prior to submission.

They are to be submitted by the client/evaluator directly to the Contracting Officer. Offeror's should follow-up and encourage references to get the questionnaires to the Contracting Officer in a timely manner.

3.4.2.13. Provide the names subcontractor(s )to be utilized in the following areas:

3.4.2.13.1. Fire Protection Systems

3.4.2.13.2. Steel Fabrication and Erection

3.4.2.13.3. Hangar Door Assemblies and Installation

3.4.2.14. Each proposed subcontractor/Teaming Partner must also complete an Exhibit B, “Subcontractor/Team/Key Personnel Information and Consent Form”, to be considered. Multiple subcontractors may be named for the same discipline but are limited to a maximum of 3 subcontractors per discipline. When multiple subcontractors are provided for the same discipline, the evaluation will be in accordance with Section 00120. The Government may seek additional references and reserves the right to use the information provided to obtain additional references.

3.4.2.15. In assessing past performance, the Government may also consider the past performance of the offeror’s key personnel, Project Manager, Quality Control Manager and Site Superintendent, as it relates to previous projects. In the event the intended key personnel for this construction do not have demonstrated past performance in the project(s) submitted in the Exhibit As, additional information is required. Each key person without prior past performance history mailto:david.mcphail@us.army.mil� submitted shall complete an Exhibit B, “Subcontractor/Team/Key Personnel Information and Consent Form”. The Government may seek additional references and reserves the right to use the information provided to obtain additional references.

3.4.3. Offerors are advised that the Government may use all data provided by the offeror in this volume and data obtained from other sources, to include, but not limited to, Government–wide databases, in the development of performance confidence assessments. Past performance information on contracts not listed by the offeror, or that of planned subcontractors, may also be evaluated. The Government may contact references other than those identified by the offeror and information received may be used in the evaluation of the offeror’s past performance. While the Government may elect to consider data obtained from other sources, the burden of providing current accurate and complete past performance information rests with the offeror.

SECTION 00120 PROPOSAL EVALUATION AND BASIS FOR AWARD

1. GENERAL INFORMATION

1.1. This solicitation is for a Firm Fixed Price Contract. The Government intends to award a single contract to the offeror deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the RFP's requirements and is judged to represent the Best Value to the Government. The Best Value is the most advantageous offer, price and other factors considered, and consistent with the Government's stated importance of evaluation criteria. This may result in award being made to a higher-rated, higher-priced offeror, if the Contracting Officer determines that the past/present performance of the higher-priced offeror outweighs the cost difference.

1.2. To arrive at a Best Value decision, the Source Selection Authority will integrate the evaluation of past performance and price. While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective and therefore, professional judgment is implicit throughout the entire evaluation process. A Proposal receiving a “High Risk " rating is unawardable and may be removed from further consideration for award.

1.3. The source selection process will be conducted in accordance with FAR Part 15.3, Source Selection procedures. Offers will be evaluated using the criteria listed in “Evaluation Factors for Award”. Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s past performance and/or cost performance and may be grounds to eliminate the proposal from consideration for contract award. Failure to include all information requested may adversely affect the evaluation. A proposal that merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal that is orderly and sufficiently documented will be easy for the Government to understand and will enable the Government to perform a thorough and fair evaluation.

1.4. The Contracting Officer will conduct proposal compliance review after closing for determination of basic proposal adequacy prior to providing the proposals to the evaluators. Failure to provide a complete proposal as detailed in the solicitation, may result in the proposal being removed from further consideration for award.

1.5. Offerors must ensure that no pricing information is displayed in Volume 2, Past Performance Proposal.

1.6. Although the assessment of Past Performance as a specific evaluation factor is separate and distinct from the Determination of Responsibility required by FAR Part 9, Past Performance information obtained herein will be used during the Government’s responsibility determination. The Government also reserves the right to obtain additional information solely for the purpose of making a responsibility determination from all offerors after receipt of proposals. Request for responsibility information do not constitute discussions.

1.7. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

1.8. The Government reserves the right to reject any or all offers if such action is in the Government's best interest.

1.9. ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed (if applicable e.g., key personnel, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

2. EVALUATION FACTORS FOR AWARD

2.1. The evaluation factors are Past Performance and Price. The relative importance of the evaluation factors that will affect the contract award are as follows: Past performance is approximately equal to price. The evaluation process is as follows:

2.2. PAST/PRESENT PERFORMANCE EVALUATION

The Past Performance evaluation will consider such things as an offeror's business practices, customer relationship, ability to successfully perform as proposed, and other considerations as described in Present Performance Sub-factors, elements and other considerations. Past Performance includes current/on-going (present) performance complete to 70% percent. The evaluation will also consider the past performance of the following subcontractors:

Fire Protection Systems, Steel Fabrication and Erection, Hangar Door Assemblies and Installation

2.2.1. If multiple subcontractors for the same discipline are presented then the lowest rated subcontractor will be considered in the evaluation.

2.2.2. In assessing performance confidence, the evaluator may: (1) evaluate present and past performance information through the use of questionnaires completed by the offeror's references; (2) use data independently obtained from other Government or commercial sources, to include but not limited to Government databases; (3) rely upon personal business experience with the offeror; (4) use the information provided in the Offeror’s Past Performance Relevancy Questionnaire; and (5) consider any information the offeror submits which explains any problems encountered on the identified contracts and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate.

2.2.3. The evaluation may take into account Past Performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing, contracts.

2.2.4. An offeror with no relevant Past Performance may receive a rating based on the evaluation of its predecessor companies, key personnel, and/or subcontractors. These ratings may not have the same weight as the ratings of the proposing company. If such information is not applicable (i.e., the offeror does not have a predecessor company, key personnel or subcontractors with relevant experience), the offeror shall be evaluated as "Neutral”. However, the proposal of an offeror with no relevant Past Performance history, while rated ”Neutral” in Past Performance, may not represent the most advantageous proposal to the Government and thus, may be an unsuccessful proposal when compared to the proposal of other offerors. Offerors without previous Government contracts shall be rated neutral in the area of compliance with small business concerns requirements.

2.2.5. In accordance with FAR 15.306(a)(2), if award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond or to resolve minor clerical errors.

2.3. Currency, Relevancy, and Trends: Evaluators will consider the performance information for currency, relevancy as well as trends in the performance while conducting its evaluation.

2.3.1. Current means performance occurring within the last five (5) years for the period beginning five years prior to the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period.

2.3.2. In assessing relevancy, the Government may evaluate an offeror's references for similarity of the construction methods; size; project scope; cost magnitude, and complexity of work performed to those required for the proposed effort. The Government may also consider similarity of the client type and/or the projects sustainability requirements. ANG projects will consider United States Green Building Council (USGBC) LEED® The location at which work was performed to the location at which work will be performed (northern New England) may also be considered. Trends in performance will be considered. Relevancy may affect an offeror’s overall Past Performance rating.

2.3.3. The Government may consider an offeror’s previous contracts in the aggregate in determining relevancy, should the offeror’s present and past performance lend itself to this approach. For example, an offeror’s work experience on three contracts may, by definition, represent only a semi-relevant effort when each contract is considered as a stand-alone effort. However, when these contracts are performed concurrently (in part or in whole) and are assessed in the aggregate, the work may more accurately reflect a relevant effort.

2.3.4. The following apply to weighting relevancy considering all the elements listed above;

2.3.4.1. VERY RELEVANT - Past/present performance efforts may have involved the magnitude of effort and complexities, which are essentially what this solicitation requires.

2.3.4.2. RELEVANT - Past/present performance efforts may have involved less magnitude of effort and complexities, including some of what this solicitation requires.

2.3.4.3. SEMI-RELEVANT - Past/present performance efforts may have involved much less magnitude of effort and complexities, including some of what this solicitation requires.

2.3.4.4. NOT RELEVANT - Past/present performance efforts may have involved none or significantly less magnitude of effort and complexities, to what this solicitation requires.

2.3.4.5. Offerors who otherwise have satisfactory performance on previous construction projects may be rated “neutral” if those projects are not considered relevant to the proposed acquisition and relevancy cannot be obtained through the evaluation of key personnel and/or subcontractors. Projects that are not current will not be considered in the evaluation.

2.4. Past Performance Sub-factors. There are six (6) sub-factors. Quality Control, Timely Performance and Management Effectiveness are the most significant subfactors and are of equal value and , when combined, are significantly more important than the other three subfactors. Other subfactors are listed in descending order of importance. Evaluation will be at the factor level.

Quality Control Timely Performance Management Effectiveness Compliance with Safety Standards Compliance with Federal laws and regulations Compliance with utilization of small business concerns requirements (applicable to all)

2.5. The elements that may be considered under each subfactor are described below:

2.5.1. Quality Control (QC): Evaluators may consider such things as: Quality of Workmanship;

Adequacy of the Contractor QC; Identification/correction of deficient work in a timely manner; Suggested solutions and displayed initiative to implement solutions; Adequacy of Materials; Use of specified materials; Adequacy of Submittals and Adequacy of "As-Builts”.

2.5.2. Timely Performance: Evaluators may consider such things as: Met established progress schedule; Timely submission of updated and revised progress schedules; Resolved delays in an expeditious manner;

Identification/correction of deficient work in a timely manner; Provided submittals in a timely manner; Completed all contract work prior to requesting final inspection; Timely completion of punch-list items; Left no major discrepancies; Timely submission of close out documents, i.e., “as builts”, “red lines”; Contractor provided timely and satisfactory response to warranty issues after project completion.

2.5.3. Management Effectiveness: Evaluators may consider such things as:

2.5.3.1. General Business Practices, including, but not limited to: Contractor provided experienced managers, and supervisors with the ability needed to meet contract requirements; Hired experienced subcontractors; Paid subcontractors/suppliers in a timely manner; The contractor cooperated to resolve problems, attending meetings (as applicable) and maintained communication to assure satisfactory resolution;

2.5.3.2. Pricing, including, but not limited to: The contractor submitted proposals that accurately represented the work required; The contractor's supporting price/cost information for modifications were accurate, complete and reasonable (not over inflated or under estimated); Provided well-substantiated pricing data for change orders;

2.5.3.3. Site Management/Superintendent, including, but not limited to: Site manager ensured compliance to contract requirements & safety regulations; Site manager acted promptly to resolve problems and ensure work quality; Site manager had sufficient authority to make decisions or take actions during project performance; Site manager consistently…