W912P4-12-R-0019.pdf

Design and Construction of a 50-person Border Patrol Station and Garage (approximately 32,000 Sq Ft Total).

Magnitude: Betw een $10,000,000 and $25,000,000.

NAICS Code 236220 w ith a $33,500,00.00 Size Standard.

The Procurement w ill be an UNRESTRICTED Opportunity.

FRANK J DANDREA 716.879.4245

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-Aug-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

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 _______10 calendar days and complete it w ithin ________720 calendar days after receiving aw ard, X 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.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

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

D. Offers providing less than _______120 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

DEPARTMENT OF THE ARMY

USACE BUFFALO, 1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

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

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

716-879-4353FAX:TEL: TEL: FAX:

W912P4-12-R-0019 82

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

Section SF 30 - BLOCK 14 CONTINUATION PAGE

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

Pembina Border Patrol Station

Pembina, North Dakota

DIVISION 00 - PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

Sections

00010 SF1442/CLIN SCHEDULE

00100 Instructions to Offerors 00100 Phase 1 Design-Build Selection Procedures 00100 Phase 2 Design-Build Selection Procedures and Basis of Award 00600 Representations and Certifications 00700 Contract Clauses – Table of Contents 00800 Special Contract Requirements

DIVISION 01 - GENERAL REQUIREMENTS – For Information Only, Subject to Change Sections 01 10 00 Statement of Work – For Information Only, Subject to Change 01 32 01.00 10 Project Schedule – For Information Only, Subject to Change 01 33 00 Submittal Procedures – For Information Only, Subject to Change 01 33 16 Design After Award – For Information Only, Subject to Change 01 45 01.10 Quality Control System (QCS) – For Information Only, Subject to Change 01 45 04.00 10 Contractor Quality Control – For Information Only, Subject to Change 01 50 02 Temporary Construction Facilities – For Information Only, Subject to Change 01 57 20.00 10 Environmental Protection – For Information Only, Subject to Change 01 62 35 Recycled/Recovered Materials – For Information Only, Subject to Change 01 78 02.00 10 Closeout Submittals – For Information Only, Subject to Change

Appendices – For Information Only, Subject to Change Appendix A Geotechnical Information (To be added in Phase 2) Appendix B List of Drawings (To be added in Phase 2) Appendix C Utility Connections (To be added in Phase 2) Appendix D Results of Fire Flow Tests (To be added in Phase 2) Appendix E Environmental Information (To be added in Phase 2) Appendix F Conceptual Aesthetic Considerations (To be added in Phase 2) Appendix G GIS Data (To be added in Phase 2) Appendix H Exterior Signage (To be added in Phase 2) Appendix I Acceptable Plants List (To be added in Phase 2) Appendix J Drawings (To be added in Phase 2) Appendix K Utility Cost Information (To be added in Phase 2) Appendix L LEED Project Credit Guidance (To be added in Phase 2) Appendix M LEED Owner’s Project Requirements (To be added in Phase 2) Appendix N LEED Requirements for Multiple Contractor Combined Projects (To be added in Phase 2) Appendix O LEED Multiple Contractor Responsibilities Table (To be added in Phase 2) Appendix P USGBC Registration of Army Projects (To be added in Phase 2) Appendix Q Area Computation (To be added in Phase 2) Appendix R RMS Submittal Register Input Form (To be added in Phase 2) Appendix S Manufacturing Performance requirements for Plumbing Fixtures From the Energy Policy Act of 1992 (Public Law 102-486) (To be added in Phase 2)

BID SCHEDULE

PRICE SCHEDULE

The following Price Schedule is provided in the Phase One RFP For Information Only, and is subject to change.

Item No. Description of Item

QT

Y

Unit Unit Cost Totals

BASE

ITEMS

Bonds

1 JOB

O&M Manuals

1 JOB

As Built Drawings for Station Building and Garage 1 JOB

All work to design site including all utilities (Station Building and Garage) for Border Patrol Station; excluding communications tower covered under line items 0006 below.

1 JOB

All work to construct site including all utilities (Station Building and Garage Facility) for Border Patrol Station; excluding communications tower covered under line items 0006 below.

All work to design buildings including all utilities (Station Building and Garage,) for Border Patrol Station.

All work to construct buildings including all utilities (Station Building and Garage) for Border Patrol Station.

0007A All work to construct Station Building including all utilities. 1 JOB

0007B All work to construct Garage Building including all utilities. 1 JOB

All work to design and specify furnishings, exercise equipment, furniture, weapons storage shelving, support space shelving.

0008A All work to design and specify exercise equipment. 1 JOB

0008B All work to design and specify furnishings, furniture, weapons storage shelving, support space shelving.

All work to design, specify, and construct the site communications tower and associated electrical and communications to designated point within the building.

TOTAL BASE ITEMS

Maximum Contract Duration: Calendar

Days

Proposed Contract Duration: Calendar Days

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lump Sum Pembina Border Patrol Station

FFP

FOB: Destination

NET AMT

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 N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

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

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JAN 2006

52.211-6 Brand Name or Equal AUG 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005

52.225-11 Buy American Act--Construction Materials Under Trade Agreements

MAY 2012

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.232-13 Notice Of Progress Payments APR 1984 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7007 Additive or Deductive Items DEC 1991 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.215-3 REQUEST FOR INFORMATION OR SOLICITATION FOR PLANNING PURPOSES (OCT 1997)

(a) The Government does not intend to award a contract on the basis of this solicitation or to otherwise pay for the information solicited except as an allowable cost under other contracts as provided in subsection 31.205-18, Bid and proposal costs, of the Federal Acquisition Regulation.

(b) Although ``proposal'' and ``offeror'' are used in this Request for Information, your response will be treated as information only. It shall not be used as a proposal.

(c) This solicitation is issued for the purpose of: [state purpose].

The design and construction of a 50 person border Patrol Station.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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 Jeffrey G. Ernest, 1776 Niagara Street, Buffalo, NY, 14207.

(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) Site visit will be announced and coordinated after the Phase I process. Only offerors that advance to the Phase II portion of this process will be invited for the formal site visit.

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

(End of provision

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The scope of project includes all work required to design and construct a Pembina Border Patrol Station located in Pembina, North Dakota. The work shall be in accordance with Request for Proposal documents.

The Northern Border 50 Agent Border Patrol Station (BPS) has a multiple uses that include providing office space, detainee processing and holding areas, training facilities, and storage for Border Patrols Agents’ gear and arms. The covered parking garage provides kennel space, maintenance spaces, and parking protected from the elements.

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award shall not exceed $14,000,000.00 for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However the Government will not be able make an award, if the dollar amount set for this project is exceeded.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Buffalo District District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1776 Niagara Street Buffalo NY 14701 if it does not contain a return mailing address. There will be no exceptions.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities website at: https://www.fbo.gov/

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov/ via Quick Search (Solicitation No. W91P4-12- R-0019)

Additional information regarding this solicitation and potential offerors and/or subcontractors is available at https://www.fbo.gov/

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

Contract Officer – Primary POC U.S. Army Corps of Engineers, Buffalo District District ATTN: Jeffrey Ernest 1776 Niagara Street Buffalo NY 14701 Phone: 716-879-4173/Fax: 716-879-4353 Email: jeffrey.g.ernest@usace.army.mil

Contract Specialist – Support POC

U.S. Army Corps of Engineers, Buffalo District District ATTN: Frank D'Andrea 1776 Niagara Street Buffalo NY 14701 Phone: 716-879-4245/Fax: 716-879-4353 Email: frank.j.dandrea@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than 10 days calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

1.5.1. Bidder Inquiry

1.5.1.1. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. This will be forthcoming.

1.5.1.2.

1.5.1.2.1. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

1.5.1.2.2. From this page you may view all bidder inquiries or add inquiry.

1.5.1.2.3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.5.1.2.4. The Solicitation Number is : W912P4-12-R-0019

1.5.1.2.5. The Bidder Inquiry Key is: TBD

1.5.1.3. The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

1.5.1.4. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

1.5.1.5. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.5.1.6. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00600, FAR 52.219-1 for the small business size standard/NAICS Code.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.8. PRE-PROPOSAL CONFERENCE

http://www.projnet.org/projnet�

DOES NOT APPLY TO THIS ACQUISITION

1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

Due to heightened security at Government installations, offerors are required to have their proposals courier delivered or hand-delivered and shall contact Jeffrey Ernest, Contracting Officer, at 716-879-4173 or Frank D'Andrea, Contract Specialist, at 716-879-4245 or the Contracting Office Main Desk, at 716-879-4173, prior to delivering to the address shown below. On the date specified, and thirty minutes prior to the time specified on Standard Form SF 1442, Page 1, Item 9, a Contracting representative will be in the lobby to accept proposals. At the time specified on Standard Form SF 1442, Page 1, Item 9, it will be announced that receipt of proposals is closed.

Official time will be established by the clock located in the area where the proposals are received. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See FAR 52.215-1 for rules concerning late proposals.

As stated on Standard Form SF 1442: Phase I Proposals will be received until 1400 (02:00 PM) Eastern Time on 21 September 2012 at:

U.S. Army Corps of Engineers, Buffalo District District ATTN: Jeffrey Ernest 1776 Niagara Street Buffalo NY 14701

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W912P4-12-R-0019, DO NOT OPEN”

1.11. PROPOSAL FORMAT

(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders (except that Pro Forma material and price proposal shall be submitted in a closed manila envelope.) Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

(b) Drawing sheets: Use 22” x 34” for full size drawings. Half-size sheets are also acceptable.

(c) Electronic Format: Provide two CDs in read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.

(d) Number of copies: Submit one original and 4 copies of drawings and printed matter (Bound Volumes), as well as 1 CD. For Pro Forma information required in Phase 2 submit the original and one copy and one separate CD.

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or HubZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

EVALUATION FACTORS FOR AWARD

EVALUATION FACTORS AND METHODOLOGY

SUBMISSION REQUIREMENTS AND EVALUATION MINIMUM

REQUIREMENTS

1. EVALUATION FACTORS - This evaluation will evaluate the offerors by the proposals received in response to the Request for Proposals using the following factors in Phase I of the solicitation:

Factor 1 – Technical Capability (Organization and Approach)

Sub-factor 1 – Organization and Technical Approach for Design and Construction Sub-factor 2 – Qualifications of Key Team Members

Factor 2 – Past Performance

Sub-factor 1 – Relevant Experience in Key Construction Areas Sub-factor 2 – Performance on Previous, Relevant Contracts

Factor 3 – Utilization of Small Business Concerns

Phase II proposals will be evaluated using the following factors:

Factor 1 – Technical Capability (Design)

Sub-factor 1 – Building Functional, Aesthetics and Space Sub-factor 2 – Quality of Building Systems and Materials Sub-factor 3 – Sustainability Requirements

Factor 2 – Remaining Performance Capability

Sub-factor 1 – Proposed Contract Duration and Summary Schedule Sub-factor 2 – Key Subcontractors

Factor 3 – Phase I Proposal Ratings

Factor 4 – Price

2. ORDER OF IMPORTANCE – This is a Best Value, Trade-Off Solicitation. Phase I evaluation will be based on Technical Capability, Past Performance, and Utilization of Small Business Concerns. Phase II will be evaluated based on Technical Capability (Design), Remaining Performance Capability, Phase I Roll-Up Rating, and Price.

For Phase I and Phase II, the factors are in descending order of importance. All sub-factors are listed in descending order of importance. Evaluation will be at the factor level for all factors (i.e., a rating will be given only for each of these factors as a whole, not for each of the sub-factors).

I. PHASE I DESIGN-BUILD EVALUATION PROCEDURES

1.0 OVERVIEW

2.0 GENERAL INSTRUCTIONS

3.0 TAB A – STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.0 TAB B – FACTOR 1 – TECHNICAL CAPABILITY

4.1. SUBMISSION REQUIREMENTS

4.2. EVALUATION CRITERIA

5.0 TAB C – FACTOR 2 – PAST PERFORMANCE

5.1. SUBMISSION REQUIREMENTS

5.2. EVALUATION CRITERIA

6.0 TAB D – FACTOR 3 – UTILIZATION OF SMALL BUSINESS CONCERNS

6.1. SUBMISSION REQUIREMENTS

6.2. EVALUATION CRITERIA

PHASE ONE – SECTION 00100 ATTACHMENTS

1 – PROPOSAL DATA SHEET

2 – SMALL BUSINESS PARTICIPATION PLAN

3 – LETTER OF COMMITMENT FOR KEY SUBCONTRACTORS

4 – PAST PERFORMANCE EVALUATION QUIESTIONNAIRE

5 – KEY PERSONNEL RESUME

6 – LETTER OF COMMITMENT FOR KEY PERSONNEL

7 – LETTER OF COMMITMENT FOR DESIGN FIRM

1.1 The Government is looking for ways to streamline construction, manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule in executing task orders to meet goal of faster project execution at lower cost, while taking advantage of industry standards, means and methods. In Phase I of the 2 phase design-build selection procedure, interested firms or joint venture entities (referred to as “offerors”) submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and will short-list no more than four (4) of the Phase I offerors to compete for the design-build contract in Phase II.

1.2 In Phase II, the short-listed offerors will submit proposals in accordance with Part II of this section.

2.0 GENERAL INSTRUCTIONS

2.1 Firms formally organized as design-build entities, design firms and construction contractos that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Association may be as joint ventures or as key team subcontractors. Any legally organized offeror may submit a proposal. To qualify for Phase II, the offeror or offeror’s subcontractor has to have or will have to have professional architects and engineers, registered in the appropriate technical disciplines and the requirements specified in Contract Clause “Requirements for Registration of Designers,” must be met. All designs must be under the direct supervision of appropriately licensed professional for each discipline involved.

2.2 Submit the Phase I proposal in a tabbed, three ring binder. Note that the Government will not evaluate any material that exceeds the page limits as indicated below. Phase I does not involve pricing submissions.

2.3 Phase I Proposal and Related Information

Location Factor Number Description Importance Submittal Length

Tab A N/A SF 1442 and Proposal Data Sheet, Clauses 52.209-5, 52.204-8

N/A 6 Pages Max

Tab B Factor 1 Technical Capability 1st Most 20 Pages Front and Back (not including Attachments)

Tab C Factor 2 Past Performance 2nd Most 15 Pages Front and Back (not including Attachments)

Tab D Factor 3 Utilization of Small Business Concerns

3rd Most SB Participation Attachment (max 10 pages)

3.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

Submit the SF 1442, completed and signed by a person authorized by the offeror. Include the completed proposal data sheet (see Attachment 1at the end of this section).

4.0 TAB B – FACTOR 1 – Technical Capability

4.1. SUBMISSION REQUIREMENTS

Factor 1, Tab B, requires a maximum of 20 double-sided pages. These 20 pages do NOT include the Attachments that accompany this Factor. All Attachments for this Factor shall be included within the Tab.

4.1.1. Sub-factor 1 – Organization and Technical Approach for Design and Construction:

4.1.1.1. Organization: Describe what firms, their resources and how their resources will be utilized, their roles and responsibilities and any contractual arrangements that have been established. Clearly describe any teaming or joint venture arrangements, including a clear description of each firm’s roles and responsibilities on the project. The Offeror shall document unequivocal teaming arrangements with its design firms(s) (see attachment 7). A copy of the teaming or joint venture agreement(s) may be appended to the plan (not included in the page limitation). Include a simple organizational chart, illustrating the organization, including the proposed quality control group(s). Present a matrix of responsibilities for each firm in executing the key work breakdown structure activities of the project, including design and construction activities for each major feature (i.e., site work, utilities and each building). Identify the design firm(s) chosen for the project, if not to be self-performed Phase 2 offerors will be required to identify the specific firms chosen for mechanical and electrical installation. Describe the proposed management structure for the team, describing how the design and construction process will be managed and the authorities and the delegations of authority within the team. Include a key personnel organization chart that clearly depicts the key positions and the names of the personnel, their firm affiliations and their job locations, their job/position title within the organization. The key personnel organization chart shall be consistent with the corporate organization chart, with the matrix of responsibilities assigned to the D-B team firms, and with the list of key personnel to be provided under the Tab, “Key Personnel”.

4.1.1.2. Technical Approach for Design and Construction: Describe the technical approach to design and construction of these facilities. Include any considerations of fast-tracking design and construction, panelized construction, pre-engineered components or buildings, factory built modules or assemblies, tilt-up, pre-cast parts, standard designs stick-built framing, etc. The Government is looking for ways to streamline construction, manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule. In Phase 2, the offeror will describe its design packaging plan for fast-tracking in how it lays out the proposed schedule and contract duration. That level of detail is not necessary in Phase 1.

4.1.1.3. Collaborative Approach for Design-Build: Describe interactions within the team and with the Corps of Engineers during the design. Discuss how the configuration management system will track and control design evolution and changes during design for quality control and to facilitate quicker Government reviews. Describe the role of the construction team members during design. Describe the type of Building Information Modeling (BIM) system to be used on the project (See section 01 33 16 and Attachment F of that Document for CADD/BIM requirements and for Contractor Electives for additional consideration, as described below in the evaluation criteria) and how the team intends to develop and use the model.

Describe the role and interaction of the design team with the construction team during construction, addressing, as a minimum, maintaining configuration management of the design during construction, including control and approval of revisions to the accepted design; requests for information; shop drawing and submittal reviews and approvals; progress meetings; site visits, if any; contract completion, closeout, as-built and completion documentation.

4.1.1.4. Planning and Scheduling: Describe the time control capabilities and systems to be used to plan design and construction and how the schedule will be used to manage design and construction. Discuss internal procedures for handling delays to minimize time growth or “schedule creep”. In Phase 2, the offeror will develop a summary schedule. In Phase 1, the Government is interested in the offeror’s planning and scheduling capabilities.

4.1.1.5. Self-Performed Work: Generally describe the items the offeror will self-perform to comply with the requirements in Section 00800 for self-performed work.

4.1.1.6. Quality Control: Describe the team’s quality control approach, corporate systems and capabilities to maintain quality control of the design and construction. Describe the proposed quality control organization, including the proposed staffing plan. Provide specific information on how you will manage design quality control, track design evolution and changes during design to meet the schedule and to facilitate quicker Government reviews. Provide information on how you will handle internal and external requests for information, shop drawings, submittal reviews, progress meetings, site visits, contract completion, closeout, as-built, and completion documentation. In addition to the required designer-of-record roles specified within the RFP for maintaining integrity of the design, describe any other DOR involvement in the quality control process, if any. There is no need to submit a quality control plan as the successful offeror will provide that after award. In phase 1, the Government is interested in demonstrable capabilities to assure and control quality and how the offeror can achieve or exceed the contract’s minimum quality control system requirements.

4.1.2. Sub-factor 2 – Qualifications of Key Team Members:

4.1.2.1. This sub factor is not included in the 30 page count limit above. Provide a consolidated list of key personnel with name, position title and description of project responsibility for each. Indicate whether each individual has had a significant role in any of the cited project examples. If re-assignment of personnel is considered possible, provide alternate professionals in each assignment. Include key designers, whether employed by the prime or by a design subcontractor. For each person provide a brief resume, using the Key Personnel Resume forms (attachment 5) at the end of this section. Include the prime contractor's project manager responsible for design and construction, the design manager, the designers of record for architecture, interior design, structural, civil, geotechnical, fire protection, electrical, mechanical/plumbing, and permit preparers. Permit preparers must be professionally registered in the state the project is located.

Where projects are located in states that require a separate registration for design of structures, the structural designer of record must be registered in that state. All other designers of record must be registered in accordance with contract clause: 52.236-25, Requirements for Registration of Designers. For dining facilities, include the food service consultant. For construction, include the on-site manager and general superintendent (in charge of self-performed work). Provide unequivocal letters of commitment from all proposed key personnel not currently employed by the team members. Use the form letter (attachment 6) at the end of this section.

4.2 EVALUATION CRITERIA

4.2.1 Sub-factor 1 - Organization and Technical Approach for Design and Construction:

4.2.1.1 The Government will evaluate clarity and strength of the overall organization, the structure and staffing to execute the entire scope of work. The Offeror is required to select and commit to design firms to achieve an “acceptable” rating. Joint venture participant’s contribution to the organization should be commensurate with their skills and background. The Government places a higher value on an offer that provides proposed methods to streamline construction, manage labor and other resource constraints in an effort to reduce costs and support an aggressive schedule, including such things as fast-tracking, using factory built modules or assemblies, panelization, pre-cast, tilt-up, standard designs, etc. The Government will also consider whether the approach reduces on-site craft labor and susceptibility to inclement weather delays.

4.2.1.2 Collaborative Approach for Design-Build: The use of 3-dimensional (3D) Building Information Model (BIM) technology in the design process is a requirement. The BIM requirements are described in Section 01 33 16, “Design After Award. The Government will evaluate the integration of the design and construction firms and the staff during design and construction. The constructor must be actively involved in the design process, not just leaving it up to the designer (see Special Contract Requirement (SCR:

“Constructor’s role during Design”). The offeror must have an effective configuration management system to control and track revisions to the design. The Government will evaluate the offeror’s understanding of the design process and the roles of the designers of record and the Government reviewers.

The Government will evaluate the role of the designer in maintaining design integrity throughout the process, including its key roles during construction. The Government places greater value in collaborative development of the Building Information Model as early as possible during the design and construction process. Additional consideration will be given to a team that includes as many subcontractors as possible (e.g., the key subs for electrical and mechanical, the fire protection subcontractor, fabricators, etc.) during design development, prior to release of the applicable design packages for construction, so that systems and trade coordination can reduce interferences, increase constructability and speed up construction operations.

Additional consideration will also be given to a team that includes one or more BIM “Contractor Electives”, as described in Appendix F of Section 01 33 16.

4.2.1.3 Planning and Scheduling: The Government will evaluate the offeror’s scheduling capabilities to manage an integrated fast track design-build schedule. Additional consideration will be given for teams that provide 4-D Schedule modeling with demonstrated experience in BIM.

4.2.1.4 Self-Performed Work: The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work. These requirements are outlined in Section 800.

4.2.1.5 Quality Control: The Government will evaluate the offeror’s capabilities and understanding of the contractually required quality control processes for both design and construction. The Government places value upon continued participation by the designers of record during the construction quality control process. The Government will evaluate the adequacy of the staffing plan to cover all required tasks and responsibilities.

4.2.2 Sub-factor 2 – Qualifications of Key Team Members:

4.2.2.1 The Government will evaluate the required information to determine how well the offeror identifies and demonstrates that its key personnel meet or exceed minimum qualifications necessary, which includes previous satisfactory experience in similar type work, to manage, control and perform the design, and to perform construction. Performance of key personnel proposed for this project may be taken into account when it comes to the attention of the Government. Evaluate how well the Offeror demonstrates that it has the necessary structure and experienced, qualified personnel within its organization to effectively manage, control, administer and execute the integrated design and construction operations, quality control program and subcontracts. This shall be achievable with other projected on-going work. Give additional consideration to previous design-build experience. Evaluate whether designers of record are registered (a requirement), experienced and qualified, that permit preparers are qualified in the jurisdiction (a requirement) and that, if the project is located in a state with separate structural engineering registration, that the structural designer of record is properly registered in that state (a requirement). The fire protection engineer of record shall be a registered professional engineer (P.E.) who has passed the fire protection engineering written examination administered by the National Council of Examiners for Engineering and Surveys (NCEES), or a registered P.E. in a related engineering discipline with a minimum of 5 years experience, dedicated to fire protection engineering that can be verified with documentation. The minimum experience requirements for the Project Manager are at least 5 years construction and construction management experience. The minimum experience requirements for the Design manager are at least 5 years of design experience or at least 5 years of construction and construction management experience. The minimum experience requirements for the on-site manager are at least 3 years managing projects with multiple subcontractors and familiarity with scheduling. The minimum experience requirements for the superintendent are at least 5 years experience as superintendent, managing multiple trades and subcontractors. If alternates are proposed for key positions, the evaluation rating will consider the lesser qualified or experienced person, if there is a difference.

4.2.3 TECHNICAL RATING

4.2.3.1 An overall technical rating for Factor 1 shall be assigned in accordance with the following table. The sub-factors are not individually rated.

Color Rating Description

Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is un-awardable.

5.0 TAB C – FACTOR 2 - PAST PERFORMANCE

5.1 SUBMISSION REQUIREMENTS

Factor 2, Tab C, requires a maximum of 10 double-sided pages. These 10 pages do NOT include the Attachments that accompany this Factor. All Attachments for this Factor shall be included within the Tab.

5.1.1 The Past Performance Questionnaire (PPQ) included in the solicitation (Attachment 4) is provided for the offeror and its team members to submit to the client for each project the offeror includes in its proposal for Factor 2. The prime contractor and the design firm(s) (or prime contractor if design is to be self-performed) shall each demonstrate recent, relevant experience on similar projects, using the PPQ. Offerors may identify state and local government and private contracts that are similar to the Government’s requirements.