Updated KYL Operational Contract IDaC Sources Sought Notice_20231206- Change 001.pdf

SOURCES SOUGHT NOTICE - Change 001

This announcement is for information and planning purposes only and is not to be construed as a commitment by the Government, implied or otherwise, to issue a solicitation or make a contract award. NO AWARD will be made from this Sources Sought Notice. This is NOT a request for proposal, quote, or invitation for bid. The sole purpose of this notice is to identify potential System for Award Management (SAM) Database registered businesses that are interested and capable of performing this work in order to determine an appropriate acquisition plan. USACE is not responsible for any costs incurred by interested parties in responding to this Sources Sought.

The purpose of this change to W912P523Z0024 KYL Operational Contract Sources Sought Notice is to provide interested parties more information pertaining to the use of IDaC contract delivery method for Lock Operational Contract and solicit responses to additional questions. For new responders, please provide responses to all questions. For those who previously responded to the referenced Sources Sought Notice, only responses to the revised Question #11, #11a, and #25 are necessary. New sections with additional information are headed and ended with ‘Amended Section:’ and ‘End Amended Section’, respectively.

POINT OF CONTACT:

Christopher Thompson, Project Manager- christopher.c.thompson2@usace.army.mil Cierra Vega, Contract Specialist - cierra.r.vega@usace.army.mil Dellaria Martin, Contracting Officer – dellaria.l.martin@usace.army.mil

PROJECT INFORMATION

The U.S. Army Corps of Engineers, Nashville District, intends to design and construct the final standalone Lock Operational Contract as part of the overall Kentucky Lock Addition that will provide a new 1,200-foot-long operational lock adjacent to the existing 600-foot-long Kentucky Lock in Grand Rivers, KY, at Tennessee River Mile 22. The new 1,200-foot-long lock will improve navigational efficiency on the Tennessee River system, allowing for faster transit times and eliminating costly delays associated with the existing smaller lock. For the Lock Operational Contract, the Government is considering the use of a form of Early Contractor Involvement (ECI) called Integrated Design and Construction (IDaC).

Amended Section:

IDaC is being considered because it will allow the Government, Construction Contractor, and Designers to interact and collaborate earlier than what is afforded with the more traditional Design-Bid-Build delivery method. This earlier interaction and coordination is intended to result in a more cohesive and defined design and construction work package in which the cost and schedule is aligned with the Government’s commitment of delivering a new operational lock to the navigation industry by July of 2029.

End Amended Section

NAICS CODE: 237990 Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45M

CONTRACT ESTIMATED MAGNITUDE: $250M-$400M

mailto:dellaria.l.martin@usace.army.mil

OPERATIONAL CONTRACT OVERVIEW

Amended Section:

Purpose: To make the newly constructed 1,200 ft. lock chamber operational Estimated Solicitation Date: FY2024 Estimated Award Date: FY2025 Lock Operational Commitment Date: FY2029 Estimated Contract Completion Date: FY2030

End Amended Section Scope of Work:

1) Approach Walls: Consists of the upstream floating approach walls (Qty. 1 @ approx. 1,200 ft.

long and Qty. 1 @ approx. 300 ft. long) and downstream fixed approach wall, approx. 1,200 ft.

long; upstream and downstream cofferdam demolition; upstream mooring cell demolition (Qty.

3); and approach area dredging.

2) Maintenance and Operations Buildings: Two buildings, one for operation of the locks and distribution of power (approx. 130 ft x 60 ft) and one for maintenance of the lock (approx. 60 ft x 30 ft). Buildings will be located approx. midway of new lock chamber on the land side.

3) Middle Wall and Pedestrian/Utility Bridges: Two bridges that will span from Kentucky Dam across the existing lock chamber and new lock chamber. Utility bridge will serve to carry all power and service utilities from TVA’s Powerhouse Island to the locks and as a public pedestrian/bicycle bridge. Access bridge will provide lock operations personnel and equipment access from Powerhouse Island to the middle lock wall.

4) Electrical/Mechanical: Consists of electrical/mechanical/hydraulic/structural steel components to operate the gates, valves, and systems associated with the new lock chamber.

5) East Bank Site Development: Grading, roads, drainage, utilities, and fencing associated with the new lock operations and maintenance buildings.

*Reference attachment “Sources Sought Attachment – Kentucky Lock Operational Scope” for more details

INTEGRATED DESIGN AND CONSTRUCTION (IDaC) OVERVIEW

Preconstruction Services can include, but not limited to:

-Consultation in construction methodology, current market conditions and identification of coordination issues.

-Construction cost estimates

-to validate designer prepared estimates at each review phase -for alternative designs and materials -for changed market conditions

-Cost control, when there is a significant difference or the construction estimate exceeds the target, the estimates will be examined to determine the cause for the differences and steps made to correct the Government or contractor estimates.

-Preconstruction services are awarded as firm fixed price contract

NOTE: The contractor shall not be responsible for any design services.

The responsibility of the design will remain wholly with the Designer of Record.

Fast tracking will not be utilized.

IDAC PROCESS SUMMARY

Prior to completion of the design, the Government issues open competition solicitation for bids that will include preconstruction services as the base of the contract and construction services as the option(s). Bids will consist of a firm fixed price for the preconstruction services, initial target price for construction, target profit, and a ceiling price. At conclusion of preconstruction services, and when the design is completed, the preconstruction services contractor provides a final firm fixed price bid for the construction option(s) to the Government. If final firm fixed price with profit price does not exceed the ceiling price and is accepted by the Government, the contractor executes the work under a standard firm fixed price contract arrangement with the Government. The amount of available profit to the contractor is based upon ‘cost-share’ percentages above/below the initial target price with profit mix/max limits, pre-determined by Government and provided in bid solicitation. If final firm fixed price with profit exceeds the ceiling price, the Government will not award the construction option to the preconstruction services contractor but will re-solicit the construction services as an open competition, firm fixed price contract. The preconstruction services contractor may or may not be eligible to compete if the construction option is re-competed, depending on factors determined by the Government.

OPERATIONAL CONTRACT DESIGN OVERVIEW

Amended Section:

NOTE: The overall combined design maturity level is estimated to be between 60 and 90% at time of IDaC contract solicitation

LOCK OPERATIONAL CONTRACT AND DOWNSTREAM LOCK MONOLITHS

GENERAL WORK AREA MAP (NOTE: ESTIMATED COMPLETION OF

DOWNSTREAM MONOLITHS IS MID-2027)

IDaC Benefits for the Kentucky Lock Operational Contract

The design maturity level is anticipated to continue to progress from approximately 60% at estimated IDaC contract solicitation to approximately 90% at the estimated Preconstruction Services award timeframe. This will still provide opportunity for the Preconstruction Services contractor’s team to collaborate with the Government and the designer(s) to provide valuable constructability, work sequencing, period of performance planning optimization with lock operational commitment date, lock commissioning, and cost estimating. It will also be critical to develop construction work sequence plans that consider the regular and recurring use of the existing Kentucky Lock by the navigation industry and that eliminate and/or minimize disruptions to the transiting of tows during the construction of key features such as the upstream and downstream approach walls.

The Government’s is committed to deliver the new operational lock to the navigation industry by the advertised date of July 2029. IDaC will enable early contractor involvement during the Preconstruction Services phase to optimize the construction planning and cost estimating of the final firm fixed price estimate to best align with meeting the lock operational commitment date.

IDaC will better align the Government, Construction Contractor, and Designer(s) for mutually beneficial outcomes than what is afforded with the traditional Design-Bid-Build delivery method. In the Design-Bid-Build delivery method, Construction Contractor’s have more limited time and resources to review all of the design drawings and specifications and prepare comprehensive and final firm fixed price cost and schedule estimates.

Government Expectations for Preconstruction Services:

The Preconstruction Services phase is estimated to occur in FY2025 and last for a period of 9 to 12 months. In the contract solicitation, the Government would specify that the Construction

Contractor provide a dedicated team of discipline-specific team members who would be located at the Kentucky Lock Project site, in a dedicated field office adjacent to the USACE field offices.

An example of what the Construction Contractor’s Preconstruction Services Team could consist of are individuals such as Preconstruction Services Project Manager, Construction Manager, Construction Superintendent(s), Project Engineer(s), Scheduler(s), and Cost Estimator(s).

USACE will provide a dedicated team to manage and interact with the Preconstruction Services Contractor on a regular basis. This will provide the best opportunity for a collaborative and interactive environment between the Government, Construction Contractor, and the Designer(s) to optimize the design, constructability, period of performance planning, and cost estimates. The specific scope of the Preconstruction Services requirements will be provided by the Government when the contract solicitation is posted.

The selection criteria for the Lock Operational Contract will be a Best Value Tradeoff (BVTO).

This allows potential Construction Contractors to demonstrate their technical capabilities and approach to the Preconstruction Services and execution of the construction contract. The Government will weigh all the selection criteria and select the Best Value proposal to the Government.

CAPABILITY STATEMENT SUBMITTAL

For the Lock Operational Contract, the Government is considering the use of a form of Early Contractor Involvement (ECI) called Integrated Design and Construction (IDaC). The Government is looking for both positive and negative feedback on the questions provided.

All interested, responsive and responsible System of Award Management (SAM) Database registered businesses are encouraged to participate in this Sources Sought by emailing the required information below to the point of contact. If your company is not SAM-registered, please do so at www.sam.gov.

Responses are to be sent via email to Dellaria Martin and Cierra Vega no later than 10:00 a.m. CST, 28 December 2023. A request to extend may be submitted to the email addresses listed above. The subject line of the email shall reference the Market Research number in the announcement. Electronic submittals will be retained for future reference; however, they are to be considered source sensitive and not subject to public disclosure.

Amended Section:

The Government will conduct one-on-one discussions with contractors from 05 Jan to 15 Jan 2024 to further consider input and refine the future solicitation documents. If interested in a one-on-one discussion, you must state in your response to Question #25. The one-on-one discussions will be hosted virtually via Webex.

http://www.sam.gov/

Responses shall include the following information and shall not exceed a total of ten (10) pages:

1. Please provide business information in the following format:

a. Business Name

b. Points of Contact (Names/Phone Numbers/Email Addresses)

c. Address

d. Business Size and Category (Large/Small/8(A)/etc.) in relation to the NAICS code

e. CAGE and/or UEI Code

f. Indication of the intent to be a prime contractor or subcontractor

2. Bonding capability (construction bonding level per single contract/task order and aggregate construction bonding level, both expressed in dollars along with current available bonding capacity.

3. Firm’s interest in providing a proposal on the pending solicitation once issued.

4. Past Performance Information that documents the respondents experience performing projects similar to required work comparable for this project (e.g. management of construction in a marine environment). The referenced projects should be of similar scope and magnitude and should have been completed within the last ten years. Information should be provided in the form of Contract Performance Assessment Reporting System (CPARS), Past Performance Questionnaires (PPQs) or by providing the following information: Project title, location, general description of the construction to demonstrate similarity to the project listed above, the Offeror's role (i.e., prime contractor, subcontractor, etc.), dollar value of contract, duration, name of the company, agency or government entity for which the work was performed with contact information (reference name, phone number and e-mail address), identify/discuss the acquisition method (e.g sealed bid, best value), contract type (e.g. Firm Fixed Price, Fixed Price Incentive Successive Targets), and delivery method (e.g. Guaranteed Maximum Price, Design-Bid-Build, Design-Build, Early Contractor Involvement, Construction Manager as Constructor, Integrated Design and Construction, etc.). In the discussion of acquisition method, identify the advantages/disadvantages (from the contractor’s and the owner’s perspective) of the contract type/acquisition approach used for the representative project. Responses should address the firm’s capability to execute construction of large inland navigation infrastructure within an active navigable waterway.

5. Based upon the scope of this project, identify if interested firms would form a joint venture to execute this work. Provide joint venture information, if applicable, including DUNS number and CAGE code.

6. Address the firm’s plan to include small business participation to the maximum extent practicable.

7. The Government is considering alternative procurement methods, specifically the use of Early Contractor Involvement (ECI) via Integrated Design and Construction (IDaC). Provide your opinions (advantages/disadvantages) on utilizing this type of procurement method for the Lock Operational Contract.

8. What is the preference for the contractor, IDaC or traditional Design-Bid-Build (DBB)?

Note in either option the Government intends to incorporate Best Value Trade Off (BVTO) technical proposal evaluation/selection criteria.

9. If ECI-IDaC is used what is required, as far as level of detail, to be included in the solicitation package to ensure biddability?

10. Using ECI/IDaC, what level design submission (0%-100% Plans & Specs.) best supports a competitive bid which will confidently support a maximum ceiling price and a target price?

Amended Section: Revised Question #11 and additional Question #11a:

11. Given the estimated design maturity levels provided by the Government at contract solicitation and award timeframes (60 and 90%, respectively), do you intend to and/or are you interested in submitting a proposal for the Lock Operational Contract under the IDaC delivery method?

a. Do you agree that there are benefits to leveraging the IDAC delivery method over

Design-Bid-Build delivery method to be best postured to achieve the earliest possible Lock Operational milestone? Please explain.

12. What Pre-Construction Services should the Government consider to be necessary when developing a scope of services for ECI? Is there a rule of thumb or % that the Government should use when budgeting?

13. Given the scope of work of the Lock Operational Contract provided by the Government, what major concerns do you identify?

14. Given the provided design summary, if ECI or IDaC is used provide your opinions on how best to structure the design packages?

15. The Government is planning on a 2-year incremental funding stream (60%, 40%) with a tentative construction award September 2025, and a target lock operational date of 2029.

What is a reasonable rough order of magnitude construction duration given this funding stream?

16. Does the use of ECI/IDaC impact your answer in question #15 regarding the construction duration?

17. What do you see as the most efficient construction sequence to achieve the earliest lock operational date?

18. As applicable, provide your experience, if any, in performing preconstruction services on construction projects and if so, describe the type of services provided.

19. If applicable and possible, please provide some details on how the preconstruction services operated in practice. As an example, were there recurring established meetings? What design milestones were reviewed? How did the reviews operate? Was staff co-located with owner/government representatives?

20. Please describe what type of staff would be available to participate in the preconstruction services. What type of availability would they have to be integrated with the design team?

21. If applicable and possible, please provide what specific risks was the owner attempting to manage with the ECI-IDaC strategy that your company was involved with.

As this project is anticipated to exceed $35M, in accordance with the executive order on Project Labor Agreements please provide the following information:

22. The anticipated impacts to schedule and cost as a result of a Project Labor Agreement being mandatory.

23. If a Project Labor Agreement is mandated on this project, would your company submit an offer when the solicitation is issued?

24. Are there other ways, in your opinion, that the intent of the PLA could be met without explicitly requiring it?

25. Would your firm be interested in scheduling a one-on-one meeting with USACE LRN to provide feedback?