13R0002 FY13 MATOC.pdf

Construction Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple Aw ard Task Order Contract for maintenance, repair, construction, and design build services in support of National Guard activities in the State of Indiana. These w ill be multi-disciplined contracts consisting of a

Base Aw ard Period of tw o calendar years, and three one-year option periods. The total contract period, including options, shall not exceed five calendar years. The total of individual task orders placed against this contract shall not exceed $30,000,000.00. This action is being solicited as a total small business set-aside. NAICS Codes: 236220 and 237990, $33,500,000.00 is the small business size standard. The

Government intends to aw ard a minimum of f if teen individual MATOC contracts. At the task order level the contracting off icer may set-aside an individual task orders for other socio-economic programs. See section 00100 for details. Persons intending on offering a proposal should attend the Pre-Proposal Conference. See Section 00100 for location and date. Solicitation and all information, notices, amendments for this solicitation w ill be posted http://w w w .fbo.gov.

ERICA T COPELAND 812-526-1738

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Nov-2012

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______1 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________16 Jan 2013 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USPFO FOR INDIANA-CAMP ATTERBURY

BLDG 244 EGGLESTON ST

EDINBURGH IN 46124

W912L9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

812-526-1648FAX:TEL: 812-526-1653 TEL: FAX:

W912L9-13-R-0002 139

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912L9-13-R-0002

Section 00010 - Solicitation Contract Form

SOLICITATION CONTRACT FORM

TABLE OF CONTENTS/NOTES

SOLICITATION, OFFER, AND AWARD SF 1442 and SF 1442 BACK

SECTION 00010 - PRICING SCHEDULE, NOTES AREAS OF CONSIDERATION,

SECTION 00100 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SECTION 00600 – REPRESENTATIONS & CERTIFICATION

SECTION 00700 - CONTRACT CLAUSES

SECTION 00800 - SPECIAL MATOC CONTRACT REQUIREMENTS

SECTION 01001 - 01700 – DIVISION 1 - TECHNICAL SPECIFICATIONS

ATTACHMENT 1 – MASTER SPECIFICATIONS “TO BE PROVIDED AT TIME OF AWARD”

ATTACHMENT 2- QUESTIONS AND ANSWERS DOCUMENT DATED “TO BE INSERTED AT TIME OF

AWARD.”

EXHIBIT A- Performance Relevancy Questionnaire

EXHIBIT B- Subcontract Information and Consent Form

EXHIBIT C- Package Information & Forms; Cover Letter; Respondent Identification & Ratings

EXHIBIT D-Technical Proposal Format and Questions

EXHIBIT E- Prototypical Project Offering Form

EXHIBIT E – ATTACHMENT 1 – PROTOTYPICAL PLANS AND SPECIFICATIONS

EXHIBIT F – Proposal Volume Contents Aid

EXHIBIT G – Proposal Inquiry Form

SECTION 00010 NOTES

The following apply to this contract:

1. Task orders in the following location(s) are applicable to this contract: (to be completed by the contracting officer at time of award)

2. In addition to task orders issued on a small business set-aside basis contractor is eligible to compete for task orders set-aside for: (to be completed by the contracting officer at time of award)

3. Applicable Maximum order dollar values (to be completed by the contracting officer at time of award).

4. A task order in the amount of $200.00 will be issued upon award of this contract. Contractors may invoice for the initial task order following acceptance by the Contracting Officer of the Master Safety and Quality Control

Plans. These plans shall be submitted not later than 30 days from the award of a MATOC contract and receipt of the initial task order. Plans submitted with the proposal in response to the solicitation are not acceptable. In the event the Contractor awarded a MATOC does not submit the required plans within 60 days of award the Contracting

Officer may unilaterally cancel the MATOC contract at no cost to the Government.

5. Areas in Table of Contents shown in gray which include Sections, 00100, 00110, 00120, and 00600 will be physically removed and not placed in contract award, however shall remain in the Table of Contents and deemed to be incorporated by reference in that award.

6. Contractor’s attention is invited to Section 00800, Special Contract Requirements. Important information on the Task Order process is contained therein. Offerors are encouraged to read this section in its entirety to reach a better understanding of the MATOC Task Order Process. The minimum guaranteed task order amount for the entire contract period, to include any exercised option periods, is $200.00 per IDIQ contract awarded.

7. Contractors are cautioned that the evaluation will consider the dollar level of the Task Order Value selected.

Therefore Offerors who select a value significantly higher than experience or prior performance demonstrates may receive lower ratings. An ascending scale with increases in value is provided for Offerors who wish to be considered in future options for higher dollar task orders. Additionally, contractors who are not interested in and will not propose on lower dollar task orders should consider selecting the higher dollar task order values ($2 Million-$5

Million) only. Failure to propose on a regular basis may result in contract cancellation. See section 00800 SC4.

8. The term “Contracting Officer” is applicable to this Solicitation and resulting contract(s). The terms

“Contracting Officer” and “Ordering Officer” may be used interchangeably when referring to individual Task

Orders.

9. Reference Contract Clause 252.236-7008, CONTRACT PRICES – BIDDING SCHEDULES. The term

Bidding Schedule shall also be construed to mean Offer Schedule or Schedule. The terms “bid” and “offer” shall be construed as having the same meaning in this solicitation and resulting contract(s) and any future task orders.

10. Reference Contract Clause 52.215-5, FACSIMILE PROPOSALS. This clause may apply to individual Task

Order Request for Proposals to be issued under the basic contract. It does not apply to this (Basic Contract) solicitation. Individual MATOC Task Order Requests for Proposals will indicate the applicability of this clause.

11. Reference Contract Clause 52.228-15, PERFORMANCE AND PAYMENT BONDS. Applicability will be defined in individual MATOC orders.

12. The Government intends to award Multiple Contracts pursuant to this solicitation. Federally warranted

Contracting Officers at any National Guard activities in the State of Indiana may place task orders against resulting contracts. See Section 00800 for additional information.

13. DO NOT insert prices in the Basic and Option Years CLINs provided immediately after the SF 1442.

Instructions for the preparation of proposals are located in Sections 00100, 00110 and 00120.

AREAS OF CONSIDERATION- OFFERORS MUST RETURN THE FOLLOWING WITH THEIR

PROPOSAL

NOTE: OFFERORS MUST COMPLETE AREAS OF CONSIDERATION BELOW AND RETURN WITH

PROPOSAL.

1. LOCATIONS OF WORK- Contractors shall identify all location(s) they desire to be considered for award of individual MATOC projects. Contractors will be provided a fair opportunity to compete for task orders at those locations checked within the dollar range indicated below, if they are awarded a contract.

a. Offerors are strongly cautioned to select only areas of consideration (locations) where they intend to propose on task offer offerings on a regular basis. Failure to propose on a regular basis in each of the selected areas may result in contract cancellation. (See Section 00800 SC4)

PLACE AN “X” IN THE BLOCK (OF ALL THAT APPLY) IF YOUR FIRM WILL

ACTIVELY PURSUE PROJECT(s) AT THESE LOCATIONS

( ) Camp Atterbury, Edinburgh, IN

( ) Muscatatuck, Butlerville, IN

( ) Jefferson Proving Ground, near Madison, IN

( ) Air National Guard Base, Fort Wayne, IN

( ) Air National Guard Base, Terre Haute, IN

2. DOLLAR VALUE OF PROJECTS

Contractors are cautioned that the evaluation will consider the dollar level of the Task Order Value selected.

Therefore Offerors who select a value significantly higher than experience or prior performance demonstrates may receive lower ratings. An ascending scale with increases in value is provided for Offerors who wish to be considered in future options for higher dollar task orders. Additionally, contractors who are not interested in and will not propose on lower dollar task orders should consider selecting the higher dollar task order values ($2M-$5M) only.

Failure to propose on a regular basis may result in contract cancellation. See section 00800 SC4

The contractor must identify the dollar range of projects they are interested in receiving consideration for under the

MATOC contract. Each offeror must check ONLY one of the ranges listed below. (This limitation may be due to business size or company bonding limitations). Note: Task order offerings in excess of $5M will be offered only to contractors awarded at the $5M level or through options have reached the $5M level. Such contractors may be required to provide additional capability information to include bonding capability and financial capability depending on the dollar amount f the proposed task order.

Table B allows an offeror to start at a smaller dollar range and grow with the program based on successful performance and capabilities. Select from A OR B but not both.

A- DOLLAR VALUE

( ) $200 -

$250,000

( ) $200 –

$500,000

( ) $200 –

$1 Million

( ) $200 -

$2 Million

( ) $200 -

$5 Million

$2 Million -

$5 Million

*if you only want $2M-$5M

B- Optional Escalating Scale The amount on this chart allow for increases in limits in option years.

( ) Basic $200 -

$250,000

Option One

$200- $500,000

Option Two

$200,00- $1M

Option Three

200-$2M

$500,000

Option One

$200- $1M

Option Two

$200- $2M

Option Three

200-$3M

$1M

Option One

$200- $2M

Option Two $200-

$3M

Option Three

$200-$5M

( ) Basic $200 -

$2M

Option One

$200- $5M

Increases in option years will be granted based on

Satisfactory performance at sole discretion of the Contracting

Officer.

End of Section 00010

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Job Basic Period

FFP

MATOC IDIQ- Construction FFP - Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction Task Order Contracts for the Indiana National

Guard. Maximum Contract Value for Base Period and All Option years is

$30,000,000.00 MAX QTY shown for administrative purposes only. Dollar values, types, set-aside, and locations applicable to this award are in Note 1 Section

00010.

FOB: Destination

NET AMT

0002 100 Job Basic Period

FFP

This CLIN is for administrative purposes for Task Orders issued during the Base

Period.

1001 100 Job Option Period 1

FFP

MATOC IDIQ- Construction FFP - Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction Task Order Contracts for the Indiana National

Guard. Maximum Contract Value for Base Period and All Option years is

$30,000,000.00 MAX QTY shown for administrative purposes only. Dollar values, types, set-aside, and locations applicable to this award are in Note 1 Section

1002 100 Job Option Period 1

FFP

This CLIN is for administrative purposes for Task Orders issued during the Base

2001 100 Job Option Period 2

FFP

MATOC IDIQ- Construction FFP - Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction Task Order Contracts for the Indiana National

Guard. Maximum Contract Value for Base Period and All Option years is

$30,000,000.00 MAX QTY shown for administrative purposes only. Dollar values, types, set-aside, and locations applicable to this award are in Note 1 Section

2002 100 Job Option Period 2

FFP

This CLIN is for administrative purposes for Task Orders issued during the Base

3001 100 Job Option Period 3

FFP

MATOC IDIQ- Construction FFP - Contractor shall provide all plant, labor, equipment, appliances, materials, expertise and supervision necessary for various maintenance, repair and construction Task Order Contracts for the Indiana National

Guard. Maximum Contract Value for Base Period and All Option years is

$30,000,000.00 MAX QTY shown for administrative purposes only. Dollar values, types, set-aside, and locations applicable to this award are in Note 1 Section

3002 100 Job Option Period 3

FFP

This CLIN is for administrative purposes for Task Orders issued during the Base

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $200.00 10,000.00 $30,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $200.00 100,000.00 $5,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government

0002 N/A N/A Destination Government

1001 N/A N/A Destination Government

1002 N/A N/A Destination Government

2001 N/A N/A Destination Government

2002 N/A N/A Destination Government

3001 N/A N/A Destination Government

3002 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004

52.215-1 Alt II Instructions to Offerors--Competitive Acquisition (Jan 2004) -

Alternate II

OCT 1997

52.215-16 Facilities Capital Cost of Money JUN 2003

52.216-27 Single or Multiple Awards OCT 1995

52.217-5 Evaluation Of Options JUL 1990

52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

52.236-28 Preparation of Proposals--Construction OCT 1997

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Multiple Award Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

4.5% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to

Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is any Indiana

National Guard Base in the State of Indiana.

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act--Construction Materials” (Federal Acquisition Regulation (FAR) clause

52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

OR

Protest to the Contracting Officer shall be filed at:

Camp Atterbury, Purchasing & Contracting

ATTN: MAJ Chris Purtell

Bldg 244 Eggleston Street

Edinburgh, IN 46124

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

GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) An organized site visit has been scheduled reference section 00100, Part 1.5

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

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

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None http://farsite.hill.af.mil/farsite_script.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DOD Far Supplemental (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

SECTION 00100

Section 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. INTRODUCTION

1.1. SCOPE: You are invited to submit a proposal in response to our Request for Proposal (RFP) entitled, “Indiana MATOC Solicitation” for construction and design-build services for National Guard locations throughout the State of Indiana. As a result of this solicitation, the Government intends that a minimum of fifteen (15) indefinite-delivery, indefinite-quantity, (IDIQ) Task Order Contracts will be awarded, providing sufficient qualified contractors present offers. All awards will be to small business pursuant to a 100% small business set-aside. The contracting officer may set-aside task orders for SBA Certified 8(a) participants; Certified HUBZone Small

Business Concerns, Small Business Service Disabled Veteran Owned Business and Women Owned Small

Businesses Concerns providing 2 or more qualified contractors in each category present conforming offers and are awarded a MATOC. The Government also reserves the right to set-aside task orders for other authorized socio-economic programs approved for use during the existence of this MATOC and implemented by the FAR or DFARS.

1.1.1. Awards will be made to offerors whose proposals, responsive and conforming to the RFP, are determined to be most advantageous to the Government in terms of Technical, Price and other factors considered.

Socioeconomic status of the offeror will also be considered.

1.1.2. Work to be performed under the MATOC contracts will include, but are not limited to, construction, demolition/remediation services, and limited design services for projects designated for real property facilities normally on Indiana National Guard sites. Projects will principally be bid build type from already completed designs, and/or projects specified by a Statement of Work using the Master Specification. It should be noted that the majority of work under these contracts for Terre Haute and Fort Wayne will be for sustainment, repair and maintenance (SRM) under $500,000 level. It should also be noted that the majority of work under these contracts for Camp Atterbury, Muscatatuck, and Jefferson Proving Ground will be for new construction under $1M.

However, offerings may on rare occasion include some design/build projects some of which may be non-complex or complex performance based offerings. Complex design-build projects will normally be solicited using a two phase approach as described in Section 00800.

1.1.3. The Government reserves the right to issue additional solicitations and award additional contracts within the activities covered by this contract. In this event, new MATOC contractors, in accordance with the terms of their contracts, may compete for Task Orders with the Contractors selected under this solicitation. This is not a solicitation for a Requirements Contract.

1.2. PROJECT CATEGORIES: Work performed under these Multi-Discipline Contracts will generally be of, but are not limited to, the following general project categories:

1.2.1. Construction, repair and alteration of various facilities.

1.2.2. Construction, repairs and alteration of Electrical Systems (ES)

1.2.3. Construction, repair and alteration of Mechanical Systems (e.g. HVAC systems, and controls.)

1.2.4. Concrete and/or Asphalt Paving.

1.2.5. Demolition of facilities when required. Note: Demolition projects that are stand-alone, not part of a rebuild, fall under the Service Contract Act, and the Davis Bacon Act is not applicable, nor is bonding. FAR

52.222-41, Services Contract Act of 1965, and FAR 52.246-13, Inspection—Dismantling, Demolition, or Removal of Improvements clauses and requirements apply. Note that the applicable clauses for Prompt Payment, Value

Engineering, and Termination are likewise different from such clauses applicable to all other requirements under this contract.

1.3. CONTRACT DURATION, LIMITS, AND AMOUNTS: Each of the resulting contracts will include a two-year base period (2 years) and three one-year option periods. The maximum value of each contract will not exceed $30 million over the life of the contract. The Minimum and Maximum values for a single Task Order are

$200.00 and $5 million, respectively. The minimum guaranteed order for each contract is one (1) task order valued at $200 with a guaranteed fee of $200.00 for the life of the contract. At time of award of the basic contract, a task order for $200.00 will be issued and will be paid only if the awarded contractor submits acceptable Master Quality

Control and Safety Plans to the Contracting Officer. Plans are due 30 days after issuance of the task order. Failure to submit the required plans within 60 days of issuance of the task order may result in the Government unilaterally cancelling the task order and basic award. See Section 00800 for details.

1.4. TASK ORDERS

1.4.1. As requirements develop, Task Orders will be competed among the MATOC awardees, or negotiated on a sole source basis as described in Section 00800. Section 00800 describes the Task Order process in detail. Offerors are highly encouraged to read Section 00800 before submitting a proposal.

1.4.2. The basic contract will be administered, (e.g. issuing modifications, exercising options), by the

Contracting Office, USPFO for Indiana, Purchasing And Contracting, Camp Atterbury, Bldg 244, Edinburgh, IN

46124

1.4.3. Individual Task Orders will be awarded and administered by federally appointed contracting officers, and may be issued by any Army or Air National Guard location in the State of Indiana. Organizations outside of the issuing office of the basic contract will be responsible for the complete administration of Task Orders issued.

1.4.4. Construction performance requirements will be specified for each project in the Task Order

Request for Proposal. MATOC Awardees will compete for Task Orders among themselves. The majority of all

Task Orders shall be awarded based on competitive proposals received in response to the agency request for quotation.

1.5. NOTICE OF PRE-PROPOSAL CONFERENCE:

1.5.1. A pre-proposal conference will be conducted on December 7, 2012 at 1:00 PM Eastern Standard

Time for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation.

This conference will be held at Bldg 725 JSTEC Auditorium, Camp Atterbury, IN 46124. Interested Contractors are highly encouraged to attend the pre-proposal conference. The site visit will be held following the conference. This will be the only pre-proposal conference for locations listed in this solicitation.

1.5.2. Due to security conditions, all offerors MUST REGISTER to attend this conference and site visit

NO LATER THAN 1:00 PM EST, Tuesday, December 4, 2012. Email the following information for ALL attendees to Erica Copeland and Sheri Herrin at all the following THREE email addresses:

int-nginuspfopcmatoc@ng.army.mil , erica.t.copeland2@us.army.mil and sheri.herrin@us.army.mil mailto:int-nginuspfopcmatoc@ng.army.mil mailto:erica.t.copeland2@us.army.mil mailto:sheri.herrin@us.army.mil

Company Name

All attendee names

1.5.3. This information must be provided in advance, not later than 3 business days prior to the meeting 1:00 PM EST, Tuesday, December 4, 2012, 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. Pre-registration by this deadline, will allow you to go directly into the main gate, where you will present a valid form of State or Federal Indentification, give your company name and your name to be checked off the pre-approved roster. If you do not have a valid form of ID, you will not be allowed on post even with pre-registration.

1.5.4. If you do not pre-register by 1:00 PM EST, Tuesday, December 4, 2012 you will be required to pick up a pass at the Installation’s Welcome Center at the Main Entry Gate prior to arrival. You will be required to present the following information upon arrival:

(1) Current Vehicle Registration,

(2) Valid Drivers License,

(3) Proof of Insurance for Vehicle,

(4) Car Rental agreement if applicable

(5) POC for the Welcome Center to call and confirm: Erica Copeland, Sheri Herri, or SGM Tim Whitman.

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. *****NOTE: If you are missing any of the Vehicle

Information you WILL NOT be allowed to drive on post and if you are missing a Valid form of State or Federal

Identification you WILL NOT be allowed on at all. It does take time to register each person (sometimes upwards of

30 mins each if a vehicle is also involved). If you try to enter base without pre-registration make sure to allow yourself plenty of time to get through the Welcome Center and remember that there may be a vast number of others trying to get on post at the same time, which could cause significant delays. The meeting will start on time. PRE-

REGISTRATION IS KEY!

1.5.5. 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 solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

1.5.6. A record of the conference shall be made and furnished to all prospective offerors via posting to our web site at https://www.fbo.gov. The record will include minutes of the meeting, including questions (on a non-attribution basis) and answers.

1.5.7. Entry into Bldg 725: While we want you to make sure you allow plenty of time to enter post and find the building, you will need to stay out of the building until 12:40 PM EST due to the auditorium being in use prior to our meeting. At 12:40 PM EST you may enter the building to sign in and take a seat for the meeting.

1.5.8. Directions to Bldg 725 are as follows:

Enter Camp Atterbury Main Gate entrance, after clearing security checkpoint, proceed around

"S" drive and through "Clamshell" shelter.

Turn right (west) at the second street past shelter (Headquarters Road).

https://www.fbo.gov/

Continue approx 0.4 miles on Headquarters Road to the second 4-way stop (Gatling Street).

Turn left (south) on to Gatling St. and continue south approx. 0.6 miles and through gated entrance.

Immediately turn right (west) past gate on to 22nd Street and proceed approx. 300 ft. past first parking lot and building 725 to the second parking lot on the left. You have arrived at the Building 725 parking area.

Building 725 (JSTEC) building's main entrance is on the west side of the building and is east of this parking lot.

1.6. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS

1.6.1. Any explanation desired by an offeror regarding the meaning or interpretation of the solicitation, for 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.

1.6.2. 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.

1.6.3. 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 https://www.fbo.gov

1.6.3.1. 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.

1.6.4. 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:

Effective May 29, 2012 Government systems such as CCR and ORCA (on-line representations and certifications) are migrating to in System for Award Management (SAM). Interested offerors must be registered in SAM. To register go to: https://www.sam.gov/portal/public/SAM/. You will need your DUNS number register. Instructions for registering are on the web page. The solicitation and associated information and the plans and specifications will be available only from the Federal Business Opportunities (FedBizOpps) website on-line at https://www.fbo.gov/ . 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: 1)

Marketing Partner Identification Number (MPIN) (see vendor instruction guide information below) 2) DUNS

Number and CAGE Code 3) 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 4.7 of the Vendor Guide for instructions to obtain a MPIN to retrieve the specification and drawing documents.

Contractors who do not already have a MPIN are advised that the normal processing is 30 business days to obtain a MPIN password that will give them access to the plans and specifications, which are located in the controlled access location on FBO. See video in vendor guide at 3.3 on advanced functions for other https://www.fbo.gov/ https://www.sam.gov/portal/public/SAM/ https://www.fbo.gov/ https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf information. Bidders/offerors who have registered with FedBizOpps must access the data for this solicitation with their MPIN. Bidders/Offerors cannot log into the FedBizOpps home page and search for data. If you do not have your MPIN number by the pre-proposal conference date, you must bring in proof that you have submitted for your MPIN and we will provide you with a disk containing the plans and specs.

1.6.5. Submit the Exhibit G, Proposal Inquiry Form, by email to the contracting office at the address show below.

Subject Line: Reference No. W912L9-13-R-0002

Email: int-nginuspfopcmatoc@ng.army.mil, erica.t.copeland2@us.army.mil and sheri.herrin@us.army.mil

1.7. AMENDMENTS PRIOR TO DATE SET FOR RECEIPT OF PROPOSALS: 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 the following website: https://www.fbo.gov

1.7.1. 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 www.fbo.gov frequently and to “refresh” their web page to ensure they have the latest information.

1.8. HAND CARRIED PROPOSALS/INVITATIONS:

1.8.1. A bid repository is provided for hand carried proposals and is located at Purchasing and

Contracting, Bldg 244 Room 109, Eggleston St., Edinburgh, IN 46124. Hand carried proposals must be deposited in the repository prior to the time established for receipt of proposals.

1.8.2. Offerors are cautioned that approval to enter the base must be obtained prior to the closing date for receipt of proposals. Follow the procedures outlined in the instructions in the paragraph above titled “Notice of Pre

Proposal Conference “ for entry. 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.

1.8.3. You must submit the name and company of the person who will delivery your propopsal NO

LATER THAN 1:00 PM EST, Thursday, January 10, 2013. Failure to submit this information will result in your having to gain access to the base through the Welcome Center, which can take a long time depending on the number of people trying to enter base at the time you arrive. A late proposal is a late proposal and will not be accepted. Be sure to give yourself plenty of time to find base, gain entry to the base and locate the drop-off location.

1.9. WAGE DETERMINATION:

1.9.1. Davis Bacon Wage Rates are applicable to the prototypical project. Prevailing wage determination information, current at time of issuance of solicitation, is found in the prototypical offering form, Exhibit E. In the event the current prevailing Wage Determination is changed by the Department of Labor prior to closing date of this solicitation it is the offeror’s responsibility to ensure 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. Applicable wage rates can be found at: http://www.wdol.gov/wdol/scafiles/davisbacon/IN.html

1.10. 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.

mailto:int-nginuspfopcmatoc@ng.army.mil mailto:sheri.herrin@us.army.mil https://www.fbo.gov/ http://www.fbo.gov/ http://www.wdol.gov/wdol/scafiles/davisbacon/IN.html

1.11. REMOVAL OF SECTIONS AT TIME OF AWARD. Sections 00100, 00110, 00120, 00600 and

00010 Areas of Consideration will be physically removed as a result of an award, but will be deemed to be incorporated by reference in that award.

1.12. DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8, the Government will retain one copy of all proposals. The Government will destroy extra copies of proposals. No destruction certificate will be provided.

1.13. PROPOSAL ACCEPTABILITY: 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. The offeror is hereby advised that its proposal is presumed to represent its best and final offer in response to this solicitation.

1.14. CLARIFICATIONS: Offeror may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their proposals. Requests for such clarification information do not constitute discussions.

1.15. EXCEPTIONS: If the offeror takes exception to any of the requirements specified in this solicitation, the offeror shall clearly identify each 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

00120) 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.

1.16. CLAUSES

1.16.1. 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.

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

SECTION 00110

SECTION 00110

SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. GENERAL 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.