W912K6-17-R-5002.pdf

SEE ADDENDUM

(No Collect Calls)

W912K6-17-R-5002 30-Jun-2017

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Aug 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912K69. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL DOMBKIEWICZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F7U3MB7108AW02

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MD ANG BASE CONTRACTING OFFICE

MD AIR NATIONAL GUARD

MARTIN STATE AIRPORT

2701 EASTERN BOULEVARD

MIDDLE RIVER MD 21220-2801

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332311

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF64

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912K6-17-R-5002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Modular Trailer Rental

FFP

Non personal service: Provide all plant, labor, new and current material, transportation, tools, equipment, appliances, supplies, services, permits, insurance and supervision necessary to construct a new or like new 2880 SF modualr facility in accordance with the latest specifications and drawings.

FOB: Destination

PURCHASE REQUEST NUMBER: F7U3MB7108AW02

SIGNAL CODE: A

NET AMT

0001AA 1 Job Design

FFP

Design of modular trailer FOB: Destination

0001AB 1 Job Installation

FFP

Construction and installation of modular trailer FOB: Destination

0001AC 12

12 Month Lease

FFP

Monthly lease of trailer to include maintenance and inspections as required FOB: Destination

0002 12 Each OPTION 12 Month Lease

FFP

Monthly lease of trailer to include maintenance and inspections as required FOB: Destination

0003 12 Each OPTION 12 Month Lease

FFP

Monthly lease of trailer to include maintenance and inspections as required

0004 12 Each OPTION 12 Month Lease

FFP

Monthly lease of trailer to include maintenance and inspections as required

0005 12 Each OPTION 12 Month Lease

FFP

Monthly lease of trailer to include maintenance and inspections as required

0006 1 Each OPTION Demolition

FFP

Removal of Modular trailer

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 18-MAY-2017 F7U3MB 175TH CIVIL ENGINEERING

SQUADRON

2701 EASTERN BLVD

BALTIMORE MD 21220

410-918-6538

F7U3MB

0001AA 90 dys. ADC 1 F7U3MB 175TH CIVIL ENGINEERING

SQUADRON

ETHAN ENGLAND

2701 EASTERN BLVD

BALTIMORE MD 21220

410-918-6538

0001AB 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0001AC POP 15-DEC-2017 TO

14-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

0002 POP 15-DEC-2018 TO

14-DEC-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-DEC-2019 TO

14-DEC-2020

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-DEC-2020 TO

14-DEC-2021

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 15-DEC-2021 TO

14-DEC-2022

N/A (SAME AS PREVIOUS LOCATION)

0006 15-DEC-2022 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

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

OCT 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The award will be made based on the lowest price, technically acceptable (LPTA) source selection process. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price, with appropriate consideration given to the three (3) evaluation factors: Technical, Price, and Past Performance.

To arrive at a Best Value decision, the Source Selection Authority will integrate the evaluation of Past/Present Performance, Technical and Price as set out in the solicitation.

To arrive at a Best Value decision, this acquisition will utilize the FAR Part 15.101-2 LPTA process. 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.

The source selection process will be conducted in accordance with FAR Subpart 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 technical ability, past performance and/or pricing, 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.

The Contracting Officer will begin the evaluation process by conducting a proposal compliance review for all timely-received proposals for determination of basic proposal adequacy prior to providing the proposals to the evaluators. Failure to provide a complete proposal may result in the proposal being removed from further consideration for award. Failure to address any factor Technical, Past Performance and Price or any technical subfactor shall be grounds for elimination from evaluation and consideration for award.

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

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. Requests for responsibility information do not constitute discussions.

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, in his/her sole discretion, later determines them to be necessary or appropriate. Further, the Government reserves the right to create or not to create a competitive range.

ENFORCEABILITY OF PROPOSAL: The proposal must set forth full, accurate and complete information as required by this solicitation. 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 shall require prior Contracting Officer's approval.

A. FACTORS AND SUB-FACTORS TO BE EVALUATED

The following evaluation factors and subfactors will be used to evaluate each proposal. Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and subfactors described below.

Factor 1: The Technical factor is further divided into the following subfactors:

a. Experience and Capability

b. Quality Control

Evaluation of the offeror’s proposal shall address the acceptability of the response to each subfactor as it applies to the Plans and Specifications. A detailed explanation of the criteria for the evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section. During evaluations of each proposal, the Government will assign each subfactor a rating of “Acceptable” or “Unacceptable” . An offer which fails to provide information in any of the specified areas/subfactors may be deemed Unacceptable, and eliminated from the competition and ineligible for further consideration.

Factor 2. Past Performance: Each offeror’s past performance will be reviewed to determine relevancy and acceptability

Factor 3. Cost/Price. The resulting award will be a firm fixed price contract type. Price Reasonableness will be utilized in the evaluation of the Firm-Fixed price effort.

B. EVALUATION APPROACH

All proposals shall be subject to evaluation by the Source Selection Evaluation Board (SSEB). The overarching evaluation approach for all factors and subfactors is to determine the acceptability of the response. The proposal will be evaluated to determine whether each requirement has been addressed in the proposal in order to meet the acceptability standards described in the RFP.

Subfactor 1. Experience and Capability Proposal:

Using the information in Technical Proposal, and the projects/contracts discussed and listed in the Exhibit As, the Government will evaluate the extent of related experience. To be deemed “Acceptable” the proposal must demonstrate experience and capability to perform a project of this magnitude and complexity.

The Government will evaluate the offeror’s understanding of the contract requirements, and determine if their technical and administrative capabilities, proposed organization and management plan are acceptable to meet contract requirements. To be considered acceptable the Experience and Capability proposal will address the full spectrum of activities involved in the management of a resulting contract in a manner that gives the Government confidence that the offeror understands all of the requirements. An acceptable proposal will include the information necessary to give the Government confidence of the offeror’s ability to successfully perform complete project management of the scope requirements.

Proposal demonstrates, as a minimum, that the following key personnel: Project Manager, Site Superintendent(s), Quality Control Manager (on site), Design team members (Electrical, Architect, Civil Engineers), and Licensed Plumbers and Electricians (must be able to work in Maryland) have experience in managing projects/contracts of the same/similar dollar magnitude, size, complexity and scope, in the capacity in which they are proposed for this project. Resumes are limited to 2 pages each which are not included in the total page count.

For any intended personnel who are not part of the contractor’s organization at the time of proposal submission, the Government will verify submission and proper completion of Exhibit B, “Subcontractor Information and Consent Form”.

Subfactor 2. Quality Control.

The proposal narrative demonstrates that the quality control staff, with lines of authority, is acceptable to meet the contract’s requirements. The proposed Quality Control answers should provide a detailed explanation of how quality issues are dealt with on various types of construction projects and as a minimum, meetings, inspections, submittal reviews, correction of non-compliant work and how you intend to ensure non-reoccurrence and reporting of quality problems to Government officials. (Note: A Quality Control Plan is not required with this proposal).

An acceptable proposal also demonstrates an offeror that has a quality control staff in place, with clear lines of authority, i.e. designated quality control team leader who has a minimum of two years, fulltime experience in a lead role on at least two projects of similar scope ($) and size (S.F.) and will clearly demonstrate how quality issues are dealt with.

For any intended personnel who are not part of the contractor’s organization at the time of proposal submission, the Government will verify submission and proper completion of Exhibit B, “Subcontractor Information and Consent Form”.

Each technical subfactor will be rated on the basis of acceptability. For an offeror’s proposal to be considered Acceptable, each individual subfactor must receive a rating of Acceptable. Ratings are defined as follows:

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

2. Past Performance Factor. The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the Plans and Specifications.

The past performance evaluation is an assessment of the offeror's probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror's record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. The Past/Present 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 Past/Present Performance Sub-factors, elements and other considerations. Past/Present Performance includes current/on-going (present) performance complete to 70% percent. Projects currently in progress for the National Guard will also be considered regardless of percentage complete. 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; from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; (3) interview Program/Project Managers or Contracting Officers, or 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 contract and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate.

The evaluation may take into account Past/Present 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.

An offeror with no relevant Past/Present Performance may receive a rating based on the evaluation of its predecessor companies, key personnel, and/or subcontractors provided the offeror clearly states in the proposal that the information provided about predecessor companies, key personnel, and/or subcontractors is for the purposes of enhancing the offeror’s past performance proposal. These ratings may not have the same weight as the ratings of the proposing company. The weight that will be afforded for this type of past performance is within the sole discretion of the Government. 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 “Unknown Confidence” (Neutral).

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)).

Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered acceptable.

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/present performance information and adverse past/present performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.

Current, Trends and Relevancy: Evaluators will consider the performance information for currency and relevancy as well as trends in the performance as explained below.

“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.

“Trends” in performance will be considered and may include the following, but will not be limited to: more current performance having greater weight than older performance; patterns or trends in performance issues relating to, but not limited to, types of projects, work, personnel and similar elements; and whether performance show a pattern of improvement or decline over time.

The Government may also consider similarity of the client type (e.g. federal government) and/or the projects sustainability requirements. The Government will consider United States Green Building Council (USGBC) LEED® certification achievements. The similarity of the location at which work was performed to the location(s) at which work will be performed will also be considered. Relevancy will affect an offeror’s overall Past Performance rating.

In assessing “relevancy” of an offeror’s previous contracts, the Government may evaluate an offeror’s past performance 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 (e.g. federal government) and/or the projects’ sustainability requirements. The location at which work was performed may also be considered. Relevancy weight will affect offeror’s overall Past Performance Confidence rating. The more relevant the project is weighted, the greater confidence there will be in the past performance assessment as a predictor of future performance.

The following apply to weighting relevancy considering all the elements listed above:

Past Performance Relevancy Ratings Rating Definition

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

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

Offerors who otherwise have satisfactory performance on previous construction projects may be rated “Unknown Confidence” (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.

Past Performance Sub-factors. There are five (5) sub-factors as listed below. An overall evaluation for Past Performance will be at the factor level.

Quality Control

Timely Performance

Management Effectiveness

Compliance with Safety Standards

Compliance with Federal laws and regulations

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

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; Suggestion of solutions and display of initiative to implement solutions; Adequacy of Materials; Use of specified materials; Adequacy of Submittals and Adequacy of "As-Builts”.

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

Identification/correction of deficient work in a timely manner; Providing submittals in a timely manner; Completion of all contract work prior to requesting final inspection; Timely completion of punch-list items; Absence of major discrepancies; Timely submission of close out documents, i.e., “as builts”, “red lines”; Contractor provision of timely and satisfactory response to warranty issues after project completion.

Management Effectiveness: Evaluators may consider such things as:

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; Overall customer satisfaction and willingness to foster a spirit of partnership with owner. This is a critical element in this subfactor.

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 was accurate, complete and reasonable (not over inflated or under estimated); Provided well-substantiated pricing data for change orders.

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 present on site when work was performed.

Sustainability requirement compliance including but not limited to: Extent to which the contract’s sustainability requirements were met. Achievement of USGBC recognition at certified or silver level on completed projects.

Compliance with Safety Standards: Evaluators may consider such things as: Adequacy of implementation of safety plan; Acceptable safety history; and the Experience Modification Rate (EMR) provided on Exhibit A, Part 2, paragraph 2E. An EMR over 1.0 may receive less favorable consideration

Compliance with Federal laws and regulations: Evaluators may consider such things as: Compliance with labor laws and regulations with specific attention to Construction Wage Requirements, including, but not limited to:

Submitted payrolls in a timely manner; Payrolls were complete and correct; Compliance with Drug Free Work Place requirements; Compliance with Executive Order16393, Planning for Federal Sustainability in the Next Decade; Use of Recovered Material (Affirmative Procurement); Compliance with Environmental Regulations.

The following ratings and related definitions will be used. Based on the evaluation results, the evaluators will assign the Past Performance factor one of the ratings as defined below.

NOTE: In the case of an offeror without a record of relevant past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(2)(iv)). Therefore, the offeror shall be determined to have unknown (or neutral) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered "acceptable".

Adjectival Rating Description

Acceptable

Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note above.)

Unacceptable

Based on the offeror's performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

3. Price Evaluation. This contract is a firm fixed price contract. Price is not rated.

The purpose of the price/cost evaluation is to determine whether an offeror's proposed prices/costs for the project are determined to be fair and reasonable in comparison to the competition, the current market conditions and/or recent prices for the same or similar requirements. Reasonableness of an offeror's proposal is evaluated through cost or price analysis techniques as described in FAR Subpart 15.305(a)(1) and (4).

The RFP requires firm-fixed prices for the individual contract line items. A price reasonableness approach will be utilized by the Government to determine that the proposed prices offered are fair and reasonable and that unbalanced pricing between CLINS or Options is not occurring. Unbalanced pricing may result in the proposal being excluded.

The Government reserves the right to obtain additional information concerning the price (cost) as necessary to obtain a better understanding of the price proposed. No proposal revisions will be allowed under these conditions.

Request for such information is for clarification purposes only. This does not constitute and shall not be construed as discussions. If a minor clerical error has occurred, the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. The Contracting Officer in his/her sole discretion may later determine discussions to be necessary or appropriate.

In the event the Government does not award a contract pursuant to this solicitation within 90 calendar days after receipt of proposals and award will be made without discussions, the following will apply: The Government reserves the right to allow offerors to make an adjustment in their price proposals to accommodate cost changes caused by fluctuating construction material market conditions. The Contracting Officer will notify Offerors, normally by electronic mail (email) of a common closing date for receipt of the adjusted price proposals. No additional proposal revisions will be allowed under these conditions. This does not constitute and shall not be construed as discussions. If a minor clerical error has occurred, in which case the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or the Contracting Officer in his/her sole discretion later determines discussions to be necessary or appropriate.

C. PROPOSAL SUBMISSION

1. INTRODUCTION. The 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, Instructions to Offerors – Competitive Acquisition.

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.

Prospective offerors shall submit the following volumes in two separate packages. The RFP shall provide the Government address and receipt date for proposal submitted.

2. PROPOSAL SUBMISSION REQUIREMENTS.

All information is to be provided in original and three (3) hard copies and one (1) CD/DVD.

Volume 1, Price proposal, Forward Pricing Schedule, pro forma documents, in accordance with instructions contained herein.

Volume 2, (Part 1) Technical Capability Proposal and (Part 2) Past/Present Performance information in original and three (3) hard copies and one (1)

CD/DVD.

Volume 2, Part 1 – Technical Capability Proposal – Not to Exceed 15 Total Pages, excluding resumes.

Subfactor 1 – Experience and Capability (limit resumes to 2 pages each) Subfactor 2 – Quality Control

Volume 2, Part 2 – Past/Present Performance Information

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.

1. Proposal Files

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.

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.

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.

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 min.). 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 shall be no less than single-space. To the maximum extent practicable, proposal submission shall be double sided. Where page limits exist, a page is defined as one single side of a page. Double sided pages count as 2 pages. Unless otherwise stated, tabs, indexes and dividers do not count in the page count.

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, Project 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.

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.

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

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 in accordance with FAR 15.306 (a). Requests for such information do not constitute discussions.

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.

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.

VOLUME 1, PRICE/COST INFORMATION AND PRO FORMA DOCUMENTS

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.

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.

Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1449. An official having the authority to contractually bind your company must sign the SF 1449 in accordance with FAR 4.102. One copy of the SF 1449 is required to have an original signature.

Insert the price/cost associated with the project in the line items. All line items (CLINs) must be priced to be considered.

All potential offerors are required to register in the System for Award Management. See FAR Provision 52.204-7, System for Award Management.

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 in the case of an unincorporated entity, submit an instrument of similarly binding character. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the System for Award Management (SAM) database. Applicable to set-aside solicitations: Joint Ventures must meet applicable size standards (See FAR Subpart 19.1). Submit with the proposal any size determination for the Joint Venture entity received from the Small Business Administration. A Joint Venture where-in one party is not a small business may be referred to the Small Business Administration (IAW FAR 19.302 (b)) to determine eligibility. All questions regarding Joint Ventures must be directed to the Small Business Administration (SBA) and not the Contracting Officer.

VOLUME 2, PART 1, OFFEROR TECHNICAL CAPABILITY PROPOSAL

Volume 2 Part 1 is comprised of two (2) subfactors. Subfactor 1 Experience and Capability; Subfactor 2 Quality Control

Government acknowledges that the technical proposal will involve discussion of some of the same projects/contracts discussed in the Past Performance volume. While Past Performance examines how an offeror performed in the past, so as to determine the probability of success on future projects, this subfactor examines the offeror’s experience with complex multidiscipline project management and execution and how the offeror demonstrates an understanding of the contract’s requirements taking this experience into consideration. The Government intends to use Exhibit A Part 1 information in the evaluation of experience for Subfactor 1. A reiteration of the information provided in Exhibit A is neither required nor desired. Offeror should reference this information by providing a short summation of their relevant experience to meet the submission requirements of this subfactor.

Subfactor 1. Experience and Capability Proposal:

Using the information in Technical Proposal, and the projects/contracts discussed and listed in the Exhibit As, the Government will evaluate the extent of related experience. To be deemed “Acceptable” the proposal must demonstrate experience and capability to perform a project of this magnitude and complexity.

The Government will evaluate the offeror’s understanding of the contract requirements, and determine if their technical and administrative capabilities, proposed organization and management plan are acceptable to meet contract requirements. To be considered acceptable the Experience and Capability proposal will address the full spectrum of activities involved in the management of a resulting contract in a manner that gives the Government confidence that the offeror understands all of the requirements. An acceptable proposal will include the information necessary to give the Government confidence of the offeror’s ability to successfully perform complete project management of the scope requirements.

Proposal demonstrates, as a minimum, that the following key personnel: Project Manager, Site Superintendent(s), Quality Control Manager (on site), Design team members (Electrical, Architect, Civil Engineers), and Licensed Plumbers and Electricians (must be able to work in Maryland) have experience in managing projects/contracts of the same/similar dollar magnitude, size, complexity and scope, in the capacity in which they are proposed for this project. Resumes are limited to 2 pages each which are not included in the total page count.

For any intended personnel who are not part of the contractor’s organization at the time of proposal submission, the Government will verify submission and proper completion of Exhibit B, “Subcontractor Information and Consent Form”.

Subfactor 2. Quality Control.

The proposal narrative demonstrates that the quality control staff, with lines of authority, is acceptable to meet the contract’s requirements. The proposed Quality Control answers should provide a detailed explanation of how quality issues are dealt with on various types of construction projects and as a minimum, meetings, inspections, submittal reviews, correction of non-compliant work and how you intend to ensure non-reoccurrence and reporting of quality problems to Government officials. (Note: A Quality Control Plan is not required with this proposal).

An acceptable proposal also demonstrates an offeror that has a quality control staff in place, with clear lines of authority, i.e. designated quality control team leader who has a minimum of two years, fulltime experience in a lead role on at least two projects of similar scope ($) and size (S.F.) and will clearly demonstrate how quality issues are dealt with.

For any intended personnel who are not part of the contractor’s organization at the time of proposal submission, the Government will verify submission and proper completion of Exhibit B, “Subcontractor Information and Consent Form”.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation.