W912LM-22-R-1000.pdf

Construction Indefinite Delivery-Indefinite Quantity (IDIQ) Multiple Aw ard Task Order Contract (MATOC) for maintenance, repair, and construction activities in support of the National Guard throughout the State of Minnesota. These w ill be multi-disciplined contracts consisting of a five (5) calendar year ordering period. The total of individual task orders placed against this contract shall not exceed $49M. This action is solicited as a total small business set-aside. NAICS Codes: 236220; $39.5M is the small business size standard. The Government’s intent is to aw ard an IDIQ contract to all qualifying offerors. At the task order level, the Contracting Off icer may set-aside an individual task order for other socio-economic programs.

NOTE: A bid bond is not required for this solicitation, but a bid bond w ill be required for all future task orders that are estimated at $150,000 or greater. Individual task orders estimated in excess of $150,000 w ill include FAR provision 52.228-1 Bid Guarantee.

Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.

DRUE L. GLAZE 320-616-2752

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

21-Jul-2022

(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 ________1825 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 __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Aug 2022 (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 _______180 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 MN PURCHASING & CONTRACTING

CAMP RIPLEY

15000 HIGHWAY 115

LITTLE FALLS MN 56345-4173

W912LM

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)

320- 616-2449FAX:TEL: 320-616-2751 TEL: FAX:

W912LM22R1000 99

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

W912LM22R1000

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Past Performance

Questionnaire

5 08-JUN-2022

Attachment 2 User Guide - Posting an Offer in PIEE

8 01-JUL-2022

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 7,000 Job

MATOC FY22

FFP

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 Minnesota Air National Guard.

Maximum Contract Value for Base Period and all Option Years is $49,000,000.00.

Max quantity shown for administrative purposes only.

FOB: Destination

PSC CD: Y1AZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-OCT-2022 TO

02-OCT-2027

N/A US PROPERTY & FISCAL OFFICE FOR

MINNESOT

DRUE GLAZE

15000 HWY 115, CAMP RIPLEY

BLDG 15-2

LITTLE FALLS MN 56345

320-616-2752 FOB: Destination

W912LM

Section 00 21 00 - Instructions

INSTRUCTIONS

SECTION 00 21 00 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, “Minnesota Construction MATOC Solicitation” for construction services for National Guard locations throughout the State of Minnesota. As a result of this solicitation, the Government will award an Indefinite-Delivery/Indefinite- Quantity (IDIQ) contract to all qualified offerors. This solicitation is set-aside 100% for small business concerns. The Contracting Officer may set-aside task orders for SBA Certified 8(a) participants; Certified Historically-Underutilized Business Zones (HUBZones), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), or Women-Owned Small Businesses (WOSBs) provided two (2) or more qualified contractors in each category present qualifying offers and are awarded an IDIQ.

1.1.1. Awards will be made to all qualifying offerors in accordance with Federal Acquisition Regulation (FAR) 15.304(c)(1)(ii)(A).

1.1.2. Projects will 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 will be for sustainment, repair and maintenance (SRM) at or under the $5M dollar level.

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 (to include renovations)

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

1.2.3. Roof Installation and Repair

1.2.4. Construction, repair, and alteration of Fire Suppression systems

1.2.5. Construction, repair, and alteration of Electrical Systems (ES)

1.2.6. Concrete and/or Asphalt Paving

1.3. CONTRACT DURATION, LIMITS AND AMOUNTS: Each of the resulting contracts will have a five-year ordering period. The contract program ceiling amount will not exceed $49 million for all task orders awarded over the life of the MATOC program amongst all contracts awarded. The Minimum and Maximum values for a single Task Order are $2,000 and $5 million, respectively. The minimum guaranteed order for each contract is one (1) task order valued at $2,000. After the award of the IDIQ contract, a task order for $2,000 will be issued within 10 calendar days. This task order will be de-obligated and closed out when a future task order is awarded in excess the $2,000 minimum guarantee. See Division 01, SPECIAL CONTRACT REQUIREMENTS, 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 Division 01, SPECIAL CONTRACT REQUIREMENTS. These Special Contract Requirements describe the Task Order process in detail. Offerors are highly encouraged to read the Special Contract Requirements before submitting a proposal.

1.4.2. The MATOC will be administered by the contracting office at Minnesota USPFO, 15000 Hwy 115, Little Falls, MN 56345.

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 Minnesota. 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 proposal.

1.5. NOTICE OF PRE-PROPOSAL CONFERENCE:

1.5.1. A pre-proposal conference will be conducted on 11 Aug 2022 at 1000 CDT for the purposes of briefing on the proposal requirements and answering questions regarding this solicitation. This conference will be held at virtually on Microsoft Teams; a call-in number will also be established for attendees that do not have computer access. Interested offerors are highly encouraged to attend the pre-proposal conference.

1.5.2. Due to security conditions, offerors intending to attend the pre-proposal conference must pre-register. Email the following information for all attendees to Mr. Drue Glaze and Mr. Michael Dixon at the following e-mail addresses: drue.l.glaze.mil@army.mil and michael.d.dixon82.civ@army.mil.

Firm Name Attendee’s Name Attendee’s Telephone Number Attendee’s E-mail Address

1.5.3. This information must be provided in advance, not later than three (3) business days prior to the meeting, in order to ensure you are granted access to the virtual pre-proposal conference. Pre-registered attendees will be sent specific instructions on how to login or call-in to the conference. The furnishing of the above information is voluntary; however, your failure to furnish all or part of the requested information may result in your ability to properly attend the pre-proposal conference.

1.5.4. Information provided at this conference 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.

1.5.5. A record of the conference shall be made and furnished to all prospective offerors via a posting to https://sam.gov. The record will include minutes of the meeting, a list of attendees, and questions received (on a non-attribution basis) and answers provided.

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 (5th) 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 (5th) working day prior to closing and will be posted not later than two (2) working days prior to closing. OFFERORS ARE STRONGLY

ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS.

1.6.3. Any changes to the solicitation will be issued in the form of an amendment. However, any answers that clarify or provide an interpretation will NOT be posted via amendment but rather as a response to the RFI on https://sam.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 Contract Opportunities website (https://sam.gov). Interested offerors must register with SAM before accessing the system. SAM registration requires the following information:

1.6.4.1. To register for SAM go to: https://sam.gov/content/entity-registration. You will need your DUNS number to register. Instructions for registering are on the web page. (Please note the registration for access to the secure site takes approximately 15 business days. PLAN ACCORDINGLY.)

1.6.5. Submit request for information, by email to the contracting office at the address show below.

REQUEST FOR INFORMATION- INQUIRY FORMAT

Subject Line: Reference № W912LM-22-R-1000 Email: drue.l.glaze.mil@army.mil; michael.d.dixon82.civ@army.mil Date of Inquiry:

From:

Company Name:

Address:

Phone Number:

Email Address:

Question: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document)

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 (RFP). 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 https://sam.gov.

1.7.1. Offerors are strongly cautioned to check the posting on https://sam.gov frequently and to “refresh” the web page to ensure they have the latest information.

1.8. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS: This solicitation 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.

1.9. REMOVAL OF SECTIONS AT TIME OF AWARD. Sections 00 21 00, 00 21 16, 00 22 16, and 00 45 00 will be physically removed in the final contract award, but will be deemed to be incorporated by reference in that award.

1.10. DISPOSITION OF UNSUCCESSFUL PROPOSALS AND EXTRA SUCCESSFUL PROPOSALS: In compliance with FAR Subpart 4.8, the Government will retain one (1) electronic copy of all proposals. Hardcopies of proposals are NOT being requested.

1.11. 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.

1.12. CLARIFICATIONS: An 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.

1.13. 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 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.

1.14. CLAUSES

1.14.1. 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.

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

(End of Instructions)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.216-27 Single or Multiple Awards OCT 1995 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price (FFP) Multiple Award Task Order Contract (MATOC) 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

Goals for minority participation to be specified at the task order level.

Goals for female participation to be specified at the task order level.

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: Task orders will be primarily issued in one (1) of two (2) main locations; Minneapolis MN or Duluth, MN. However a task order maybe issued anywhere throughout the state.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(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 --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 statute 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 statute 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 statute, 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 to:

Protests to the Contracting Officer:

Michael Dixon at michael.d.dixon82.civ@army.mil

Protests to National Guard Protest Decision Authority:

National Guard Bureau Office of the Director of Acquisitions

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@army.mil

(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 for: Project-specific site visits will be separately scheduled within the task order requests for proposals (RFPs).

(c) Participants will meet at: To be separately identified within each task order request for proposal (RFP).

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):

www.acquisition.gov

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

INSTRUCTION TO PROPOSERS

SECTION 00 21 16 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. PROPOSAL PREPARATION INSTRUCTIONS:

1.1. These instructions prescribe the format of proposals, and describe the approach for the development and presentation of the proposal data. They are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals. Carefully review this section prior to commencing proposal preparation. In order for proposals to receive full consideration for award, offerors should ensure that the information furnished in support of the proposal is factual, accurate, and complete.

1.2. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in the proposal being unacceptable to the Government and elimination from consideration for award. All solicitation amendments must be acknowledged in accordance with FAR Provision 52.215-1, Instructions to Offerors – Competitive Acquisition.

2. ELECTRONIC PROPOSAL:

2.1. The Offeror’s proposal shall be submitted electronically, as described below. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

2.2. NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via the Procurement Integrated Enterprise Environment (PIEE) website. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE

ACCEPTED.

2.3. The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation.

Offerors shall submit their proposals using the following link: https://piee.eb.mil/. A user guide on how to post an offer in response to this solicitation is attached to this solicitation; it can also be found at:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. A web link to a video demonstration on how to post an offer can be found at: https://pieetraining.eb.mil/wbt/sol/Posting_Offer.html.

2.4. REQUEST FOR UPLOAD LINK: Interested parties must contact the Contract Specialist, Drue Glaze at drue.l.glaze.mil@army.mil and the Contracting Officer, Michael Dixon, at michael.d.dixon82.civ@army.mil no later than five (5) business days prior to the proposal due date to receive a request link which will allow for file uploads to the PIEE.

2.4.1. NOTE: Do NOT send proposals to e-mail accounts.

2.4.2. FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. Submission shall be in Adobe PDF format.

2.4.3. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a submission is considered late, the Government considers (the earlier of) the date and time of receipt of the e-mail notification to the Contract Specialist and Contracting Officer by the website, NOT the date and time of uploading of the submission into the website as the time of submission. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. File size, customer network connection, connection type, and number of files are factors in the total upload/download time of files. Allow up to 4 hours for delivery.”

2.5. The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive responses on its behalf. Offerors are responsible for ensuring that responses are submitted to reach the designated recipient. Offerors are responsible for allowing sufficient time for the response to be received in accordance with the instructions provided.

3. PROPOSAL CONTENT:

3.1 Prospective offerors shall submit the electronic proposal as follows:

Volume 1: Pro Forma Documents

- Introduction Page – Page Limit – 1 Page (reference paragraph 4.1.1 of this section)

- SF 1442 – Page Limit – 2 Pages (reference paragraph 4.1.2)

- Representations and Certifications – No Page Limit (reference paragraph 4.1.3)

- Joint Venture Agreement (if applicable) – No Page Limit (reference paragraph 4.1.4)

Volume 2: Technical Proposal

- Factor 1, Corporate Experience – Page Limit – 15 Pages (reference Section 00 22 16)

- Factor 2, Past Performance – Page Limit – 35 Pages (reference Section 00 22 16)

- Factor 3, Single Project Bonding Capacity – Page Limit – 5 pages (reference Section 00 22 16)

3.1.1. 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.

3.1.2. Offerors are cautioned to carefully review the proposal requirements and ensure a complete proposal is submitted.

3.2. PROPOSAL DUE DATE SCHEDULE:

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

3.3. PROPOSAL FORMAT:

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

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

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

3.3.4. Electronic proposals shall be formatted to print on standard 8.5 x 11 inch paper (charts may be landscaped but must be formatted to print on 8.5 x 11 inch or smaller paper) and shall be in a legible font size (10 min.) with at least 1 inch margins on all sides. All pages of each proposal shall be appropriately numbered, and identified with the RFP number. For ease of reference, consecutive page numbering with tabs is required. Type size for graphics, charts, diagrams and tables shall be of an appropriate font and size for the application, and must be clearly readable without magnification assistance to the normal eye. Text lines will be no less than single-space.

Where page limits exist a page is defined as one (1) single side of a page. Tabs, indexes, and dividers do not count in the page count.

3.3.5. The 1st page of the electronic proposal will clearly identify the offeror’s name, RFP number, and RFP title.

3.3.6. Indexing: The electronic proposal will contain a “Table of Contents”. The “Table of Contents” will identify major areas, paragraphs and subparagraphs by number and title as well as by page number.

Tab indexing can be used to identify sections as appropriate. The Table of Contents does not count toward any page limits.

3.3.7. The electronic proposal must be formatted in Adobe Acrobat format.

3.3.8. 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 or removed from the competition.

4. PROPOSAL VOLUME CONTENTS: Each offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals which do not include the requested minimum information may be eliminated from further consideration for award.

4.1. VOLUME 1, PRO FORMA DOCUMENTS:

4.1.1. Provide an introductory page to include CAGE Code, DUNS Number, Tax Identification Number (TIN), points of contact, authorized negotiators, contact phone, facsimile numbers, and e-mail addresses.

Also, include your business socioeconomic status, e.g. small business, woman-owned small business, HUBZone small business, etc.

4.1.2. Offer – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442. An official having the authority to contractually bind your company must sign the SF 1442 in accordance with FAR 4.102.

4.1.3. Representations and Certifications - Section 00 45 00 – Ensure all fillable provisions from Section 00 45 00 are filled out in their entirety. If the offeror’s System for Award Management (SAM) representations and certifications are up-to-date, these provisions do not need to be separately submitted with the proposal. However, any provisions not included in the current SAM representations and certifications DO need to be submitted with the proposal and filled out in its entirety.

4.1.4. Joint Venture Requirements - Parties wishing to propose as a joint venture must submit, with the Pro Forma documents, an executed copy of the joint venture agreement. The joint venture agreement shall be executed in accordance with FAR 4.102(d). Each joint venture partner shall submit evidence satisfactory to the Contracting Officer that its Board of Directors has approved its participation in the joint venture or by an instrument of similarly binding character in the case of an unincorporated entity. Offerors are reminded that to obtain an award the awardee, to include a joint venture, must be registered in the 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 wherein one (1) 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.

4.2. VOLUME 2, TECHNICAL FACTORS:

Volume 2 is comprised of three (3) technical evaluation factors:

Evaluation Factor 1 – Corporate Experience

Evaluation Factor 2 – Past Performance Evaluation Factor 3 – Single Project Bonding Capacity

4.2.1. Offerors are cautioned to read FAR Clause 52.219-14, Limitations on Subcontracting. The contracts resulting from this solicitation are not intended for management firms or construction firms who self-perform only administrative or management functions.

(End Instruction to Proposers)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(f) This will NOT be applicable to this MATOC award; however, it will be required at the task order level when a task order is estimated over $150K.

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

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

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered defense information means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party's reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government's activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to--

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(End…