W912PM24R00040002 SF30 PN92062.pdf

92062

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Revise Buy American Provision and Clauses.

2. Revise Magnitude of Construction to correct administrative error.

3. Revise Plans and Specifications

4. Extend the proposal due date from June 24 2024 to July 2 2024.

5. All other terms and conditions remain unchanged.

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1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 07-Jun-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912PM24R0004

X 9B. DATED (SEE ITEM 11)

09-May-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Jun-2024

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM24R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The required response date/time has changed from 24-Jun-2024 02:00 PM to 02-Jul-2024 02:00 PM.

The required performance has changed from W912PM24R0004 SOF FY 24 Barracks, Fort Liberty, NCSee FAR provision 52.222-33, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract.This procurement is being solicited and procured using the Lowest Price Technically Acceptable (LPTA) source selection process. This Request for Proposal is issued in accordance w ith FAR Part 15.101-2. This is an unrestricted solicitation.THE MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $30,000,000.00 AND $45,000,000.00.FUNDS ARE NOT PRESENTLY AVAILABLE FOR THE ACQUISITION. NO CONTRACT

AWARD WILL BE MADE UNTIL APPROPRIATE FUNDS ARE MADE AVAILABLE.VERBAL AND

WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN ITEM 9

ABOVE. INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT BE

ANSWERED. to W912PM24R0004 SOF FY 24 Barracks, Fort Liberty, NCSee FAR provision 52.222-33, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract.This procurement is being solicited and procured using the Lowest Price Technically Acceptable (LPTA) source selection process. This Request for Proposal is issued in accordance w ith FAR Part 15.101-2. This is an unrestricted solicitation.THE MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $30,000,000.00 AND $70,000,000.00.FUNDS ARE NOT PRESENTLY

AVAILABLE FOR THE ACQUISITION. NO CONTRACT AWARD WILL BE MADE UNTIL APPROPRIATE

FUNDS ARE MADE AVAILABLE.VERBAL AND WRITTEN REQUESTS FOR INFORMATION MUST BE

DIRECTED TO THE PERSON LISTED IN ITEM 9 ABOVE. INQUIRIES AND REQUESTS THAT ARE

DIRECTED TO ANY OTHER PERSON MAY NOT BE ANSWERED..

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

The following have been modified:

GENERAL PROPOSAL INSTRUCTIONS

GENERAL PROPOSAL SUBMISSION INSTRUCTIONS & REQUIREMENTS

PN 92062 SOF Barracks, at Fort Bragg Liberty, Cumberland County, North Carolina

1. OVERVIEW.

1.1 This Request for Proposal (RFP) solicits design and construction of a SOF Barracks at Fort Liberty, NC. The scope of work includes ALL labor, materials, equipment, incidentals, supervision, and transportation for work necessary to design and construct a Barracks to accommodate 146 Soldiers at Fort Liberty, NC (PN 92062 SOF Barracks). Primary facilities shall include living and sleeping quarters, storage, service areas, information systems, fire protection and alarm systems, Physical Access Control Systems (PACS) installation, Energy Monitoring Control Systems (EMCS) connection and Post Construction Award Services (PCAS). Heating and air conditioning are to be incorporated by a self-contained system for each living quarters unit along with a central system for common areas.

Supporting facilities shall include site development, utilities and utility connections, exterior lighting, paving, sidewalks, curbs and gutters, storm drainage, landscaping, pedestrian crosswalks, and signage. Measures in accordance with the Department of Defense (DoD) Minimum Antiterrorism for Buildings standards are to be incorporated. Comprehensive building and furnishings-related interior design services are required. Access for individuals with disabilities are to be incorporated. Cyber Security Measures are to be incorporated into this project.

Sustainability/Energy measures are to be incorporated. Facilities are to be designed to a minimum life of 40 years in accordance with DoD's Unified Facilities Criteria (UFC 1-200-02) including energy efficiencies, building envelope and integrated building systems performance. Air Conditioning (Estimated 250 Tons).

The period of performance is 1400 calendar days. Work location is Fort Liberty, North Carolina.

Antiterrorism/Force protection measures and sustainment mandates will be incorporated. The resultant contract will be Firm-Fixed Price (FFP).

1.2 The instructions and requirements contained herein establish uniform evaluation procedures for the technical evaluation of proposals by the Source Selection Evaluation Board (SSEB) and the development of the Best Value Decision by the Source Selection Authority (SSA) using the Lowest Price Technically Acceptable Source Selection Process (See Federal Acquisition Regulation 15.101-2). Proposals should be specific and complete in every detail as well as be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the contract.

1.3 Each offeror must submit both a Price Proposal and Technical Proposal, in addition to Past Performance Questionnaires. The Price Proposal and Technical Proposal must be submitted as separate volumes/files. All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal. Do not cross-reference similar material in the Price Proposal, or vice versa.

The Price and the Technical Proposals in addition to the Past Performance Questionnaires must be received by the closing date and time set for receipt of proposals. No dollar amounts from the Price Proposal are to be included in the Technical proposal.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal.

Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to the submission of the offer.

The technical data criteria specified for each factor identified herein, shall be submitted as part of the proposal.

The offeror is responsible for including sufficient details in its proposal to permit a complete and accurate evaluation. Accordingly, the offeror shall be clear and concise in its proposal. The Government will not make assumptions concerning the offeror’s intent.

Failure to submit all the data required by the RFP and its Attachments, may be cause for determining a proposal incomplete and therefore may not be considered for award.

2. GENERAL INSTRUCTIONS.

In accordance with FAR Clause 52.215-1, Instructions to Offerors – Competitive Acquisitions, the Government reserves the right to make award without discussions. Therefore, offerors should submit their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interests of the Government.

In accordance with 15.306(c) (1) and FAR Clause 52.215-1(f) (4), Instructions to Offerors – Competitive Acquisitions, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

2.1 Contractor Team Arrangements. The Government will recognize the integrity and validity of contractor teaming arrangements, provided the arrangements are identified and company relationships are fully disclosed in the offer.

As further described in paragraph 2.3 below, the Government will only evaluate the information submitted by the legal entity with whom the Government would enter into a contract. This is the legal entity represented in Tab E, as registered in the System for Award Management (SAM) and identified by its specifically assigned CAGE Code.

2.2 If applicable, an 8(a) Joint Venture or SBA/DoD approved Mentor-Protégé must submit all required documentation with their offer to be considered responsive, IAW the requirements set forth in Title 13 Code of Federal Regulations (CFR) Part 125.8.

2.3 The Government will only evaluate the information submitted by the legal entity with whom the Government would enter a contract. This is the legal entity represented in Tab E, as registered in System for Award Management (SAM) and identified by its specifically assigned CAGE Code. However, IAW CFR 125.8(e), the Government will also evaluate past experience and past performance submitted by the individual firms that make up a joint venture.

2.4 Notwithstanding the specific requirements of any other area of the RFP, information submitted about any company other than the offeror, whether an affiliated company, subsidiary (including wholly owned subsidiaries), or subcontractor, WILL NOT be evaluated for any factor. Successor entities shall clearly demonstrate in Volume I, Tab A of their proposal the official legal means performed to transform the former Predecessor Company to its current Successor, legal business entity. Examples of substantive documentation may include but is not limited to Articles of Incorporation, Joint Venture Agreements, Novation Agreements, and Merger Documentation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger).

Note: The term ''successor'' does not include new offices/ divisions of the same company or a company that only changes its name.

2.5 Offerors shall submit their proposal in accordance with the Section 3. General Proposal Format, paragraph 3.4.

2.6 Proposals are due no later than the time and date specified in Block 13 of Standard Form 1442.

3. GENERAL PROPOSAL FORMAT.

3.1 Cover Page. Include the title of the solicitation, solicitation number, offeror name and date of the submittal.

3.2 Table of Contents. Each volume of the proposal shall contain a detailed table of contents. If more than one Adobe PDF file is used for a volume, the complete table of contents shall be included in each. Any materials submitted but not required by this solicitation (such as company brochures) shall be relegated to appendices.

3.3 All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal. Do not cross-reference similar material in the Price Proposal, or vice versa. No dollar amounts from the Price Proposal are to be included in the Technical proposal.

3.4 Each offeror must submit both a Price Proposal and a Technical Proposal via the Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil. Ensure the solicitation number is included in the subject line.

Ensure the solicitation number is included in the subject line of the email. Note that attachments exceeding 15 MB may not be accepted by the email server. No hard paper copies will be accepted or evaluated. Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals. In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 ½ x 11 size pages in no less than a 10 pitch or 10 font. Page limitations, where specified in the RFP, shall be considered a maximum. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format:

W912PM24R0004_COMPANY NAME_VOLUME I

W912PM24R0004_COMPANY NAME_VOLUME II

Offerors shall submit bid bonds (Standard Form 24) in both electronic and hard copy format.

Electronic copies of bid bonds shall be included in Volume 1: Offerors Certifications and Price under Tab G. Hard copies of bid bonds shall be submitted via USPS, UPS, FedEx or DHL. Hand carried bid bonds will not be accepted.

Bid bond submissions shall be due by the proposal due date and time to the following address:

USACE-Wilmington Contracting Division Attn: Mr. John Hill 69 Darlington Avenue Wilmington, NC 28403 Proposal due Date and Time:

Request For Proposal No: W912PM24R0004 Due Date of Proposal: 24 June 02 July 2024 Time by which Proposals are due: 2:00 P.M. (Eastern Time) Title of Project: PN 92062 SOF Barracks, Fort Liberty, Cumberland County, North Carolina

The date and time of delivery will be established by the time of receipt by (time stamped by the system), not by the date and time the offeror sent the proposal into the website. Do not assume that electronic communication is instantaneous – in fact, it can take several minutes or even hours in some cases. Please make allowances for delays in transmittal. If an electronic submission is sent minutes before the deadline but notification is not actually received in PIEE until after the deadline, the submission will be considered late. The Government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf.

Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

3.5 The offeror is responsible for including sufficient details in its proposal to permit a complete and accurate evaluation. Accordingly, the offeror shall be clear and concise in its proposal. The Government will not make assumptions concerning the offeror’s intent.

3.6 The technical data criteria specified for each factor identified herein and as described in these instructions shall be submitted as part of the proposal. Failure to submit all the data required by the RFP, and these instructions may be cause for determining a proposal incomplete and, therefore, not considered for award.

3.7 Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal.

Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to the submission of the offer.

3.8 Tabs. Proposal shall be organized and tabbed as follows:

3.8.1 VOLUME I: OFFEROR’S CERTIFICATIONS AND PRICE (FACTOR 1)

One (1) electronic copy Adobe PDF file as tabbed per the table below shall be submitted and one (1) original copy of the bid guarantee in both electronic and hardcopy shall be submitted.

TAB CONTENTS OF THE PRICE PROPOSAL

A The Proposal Cover Sheet

B Standard Form 1442

C Acknowledgement of Amendments (If Applicable)

D FACTOR 1: PRICE

E Section 00 45 00 – Representations and Certifications

F Teaming Arrangement (If Applicable)

G Bid Guarantee (Bid Bond)

H Financial Information and Bonding Capability

TAB A – The proposal cover sheet is required by FAR 52.215-1(c)(2) and must be submitted by all offerors.

The format for the proposal cover sheet is as follows:

PROPOSAL COVER SHEET

Offerors should ensure telephone number; fax number, e-mail address, Unique Entity ID and CAGE Code are all included. Unique Entity ID will be used to access Past Performance Information Retrieval System (PPIRS) data. Offerors should also provide any other assigned number that identifies them in the PPIRS database. If a separate Unique Entity ID has been created for a joint venture (J-V) it must be submitted. The offeror should also submit their Tax ID number on the proposal data Sheet.

TAB B - Standard Form 1442, completed and signed by authorized individual(s) of the offeror. Offers submitted in the name of a Joint Venture must be signed in accordance with the terms and conditions specified in the joint venture agreement as evidenced in the proposal.

1. The solicitation number;

2. The name, address and telephone and facsimile numbers of the offeror (and electronic address if available);

3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

4. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

5. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

TAB C - If applicable - All amendments must be acknowledged by all offerors and duly executed with an original signature by an official authorized to bind the company in accordance with FAR 4.102.

TAB D – Factor 1 - Price. Proposed price schedule is to be completed in its entirety by all offerors to include the Subtotals and Totals section as found in Section 00 10 00 - Solicitation, Contract Line-Item Number (CLIN) Schedule.

TAB E - Section 00 45 00 – Representations and Certifications. Offerors shall include any narratives as it pertains to the requirement at 2.2 to document any teaming arrangement the offeror has or will enter into.

TAB F - Teaming Agreement, if applicable. See paragraph 2.1 and 2.2 Note to 8(a)—SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture.

TAB G - Offerors shall provide a fully executed Bid Bond as required by FAR Clause 52.228-1, Bid Guarantee in both Hard copy and electronically in Tab G. Hard copies of Bid Guarantees (submitted via UPS, FedEx, USPS, etc.) shall be addressed to the Contracting Officer at:

USACE – Wilmington District Attention: John T. C. Hill 69 Darlington Ave Wilmington NC 28403

For the purposes of this Request for Proposal, please note that in accordance with (IAW) FAR 28.001:

“Bond means a written instrument executed by a bidder or contractor (the “principal”), and a second party (the “surety” or “sureties”) (except as provided in 28.204), to assure fulfillment of the principal’s obligations to a third party (the “obligee” or “Government”), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.”

Bonds shall therefore be executed in the name of the legal entity, whether a joint venture, partnership or the Prime Contractor of an informal teaming arrangement, with whom the government would enter into a contract for a successful offeror. The entity named on the bond must be able to acquire bonding capacity on its own merits, and not as the result of indemnification from a subcontractor or third party.

TAB H - Financial Information & Bonding Capability (e.g. past three years financial statements, annual reports, Dun & Bradstreet Number and Ratings, etc.) Provide a list of all current contracts held, total dollar value, award date, anticipated completion, performance and payment bond amount.

3.8.2 VOLUME II: TECHNICAL PROPOSAL (FACTORS 3-4)

One (1) electronic copy Adobe PDF file as tabbed per the table below shall be submitted.

TAB CONTENTS OF THE TECHNICAL PROPOSAL

A Factor 2: Schedule

B Factor 3: Past Performance

C Factor 4: Project Labor Agreement (PLA)

Page Limitations: The following page limitations are established for each factor described above:

Factor 2: Schedule – Limited to eight (8) pages; three (3) pages for the Gantt chart and five

(5) pages for the narrative. See submission requirements under para. 4.1.

Factor 3: Past Performance – Limited to no fewer than three (3) and no more than five (5) projects. Individual project Past Performance Assessment Questionnaires shall not exceed four (4) pages; Government evaluators will review and evaluate only the information contained on the first four (4) pages. A Corporate Relevant Project Experience Worksheets (Attachment #2) shall also be submitted limited to no fewer than three (3) and no more than five (5) projects. Individual Worksheets shall not exceed four (4) pages per project;

Government evaluators will review and evaluate only the information contained on the first four (4) pages. See submission requirements under para 5.1.

Factor 4: Project Labor Agreement (PLA): No page limits.

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

Tables of content, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.

Offerors are cautioned that “parroting” of the Technical requirements or the Scope of Work with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

Proprietary information shall be clearly marked.

4. SUBMISSION REQUIREMENTS & EVALUATION FACTORS

VOLUME II: TAB C—FACTOR 2 –SCHEDULE

4.1 SUBMISSION/MINIMUM REQUIREMENTS:

4.1.1 The offeror shall propose a detailed schedule which shall become the Contract Period of Performance.

4.1.2 Schedules must be deemed reasonable to be considered for this procurement. Reasonable Schedules are those schedules which meet all of the minimum criteria specified in paragraph

4.1.2.1. The Government will not consider multiple schedules. Projects which do not meet the minimum criteria specified shall be deemed “unacceptable” and will not be considered further.

4.1.2.1 The minimum requirement for a schedule is defined as having all of the following criteria:

- A Gantt chart that shows each major project milestone from mobilization through project turnover (Chart shall be no more than three (3) pages).

- Contractors shall identify the critical path.

- Schedules shall clearly show any planned long lead items.

- The Period of Performance shall not exceed 1,400 calendar days.

- Schedules shall comply with the hours of operation for construction as noted in the plans and specs.

Normal working hours are considered Monday through Friday, 0700-1530 hours. No work is to be conducted on federal holidays. Offerors may not shorten their proposed timeframes by utilizing overtime hours or working during non-work days or federal holidays except where specifically allowed in the plans and specs.

4.1.3 Schedules shall not exceed eight (8) pages in total.

4.1.4 Provide a schedule narrative not to exceed five (5) pages identifying schedule risks and how the contractor intends to mitigate those risks.

4.2 EVALUATION CRITERIA:

4.2.1 The Government will evaluate the schedule length offered by the contractor as identified in paragraph 4.1.2.

4.2.2 To be considered eligible for award, the Government will verify that each offeror has submitted a schedule which meets the minimum criteria of paragraph 4.1.2.1.

5. SUBMISSION REQUIREMENTS & EVALUATION FACTORS

VOLUME II: TAB C — FACTOR 3 - PAST PERFORMANCE.

5.1 SUBMISSION/MINIMUM REQUIREMENTS:

5.1.1 Past performance refers to the quality of recent and relevant project experience from the owner’s perspective.

The offeror shall complete and provide a Past Performance Assessment Questionnaire (Attachment #4) on no fewer than three (3) and no more than five (5) projects. This requirement also applies to the proposed designer of record.

A letter of commitment executed between the offeror and proposed designer of record specific to performance under this project must be included too. Should the offeror and proposed designer of record have performed on projects in the past, separate PPQs will be required unless those projects were Design-Build. If Design-Build, ensure both the offerors and proposed designer or records names both appear on the PPQ. Projects submitted under this factor must first be deemed recent and relevant.

5.1.1.1 Relevant: Offer must demonstrate experience as a prime contractor on projects of similar size, scope, or complexity. The minimum requirement for a project of similar size, scope, or complexity is defined as a requirement with all of the following:

Below Relevant Criteria apply to both Design and Construction Contractors

- Equal to or greater than $27,000,000.00 in value

- Equal to or greater than 45,000 square feet in renovation, new construction or both.

- At least one (1) project must be greater than 3 floors.

- At least two (2) of the selected projects must be at least LEED Silver Certifiable. The Contractor shall submit a LEED checklist for each project applicable, showing the project meets this criterion.

5.1.1.2 Recent: Projects of similar size, scope, and complexity that must have been completed (fully designed and at least 50% construction progress completed) within six (6) years preceding the date of the solicitation.

5.1.2 Individual project Past Performance Assessment Questionnaires shall not exceed four (4) pages; Government evaluators will review and evaluate only the information contained on the first four (4) pages. If any firm has multiple functions or divisions, limit the project examples to those performed by the division, unit or team member submitting the offer. The Government will call and confirm information provided by the offeror on the Past Performance Assessment Questionnaire with the points of contact, to the extent necessary to conduct a meaningful evaluation. The Government reserves the right to interview other individuals if the point of contact is not available.

5.1.3 The Government may contact sources other than those provided by the offeror for information with respect to past performance. These other sources may include but are not limited to: Contract Performance Assessment Reporting System (CPARS), other Government sources, and interviews with organizations or individuals familiar with the offeror’s performance.

5.1.4 Offerors shall utilize the Past Performance Assessment Questionnaire in Attachment #4.

5.1.4.1 The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for FACTOR 3 – PAST PERFORMANCE. Ensure correct phone numbers and email addresses are provided for the client point of contact.

Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment #4), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Jason S. Smith via email at jason.s.smith2@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Also include performance recognition documents received within the last six (6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all CAGE/SAM Unique Identifier numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

5.1.5 If the offeror is a Joint Venture (J-V), relevant project experience/past performance should be submitted for projects completed by the Joint Venture entity. Should the JV not have any prior experience/past performance, then experience/past performance of the individual firms that make up the JV will be considered. Offerors that are part of the DoD Mentor Protégé program may only submit two (2) recent and relevant project completed by the Mentor. Offerors are still limited to a total of five (5) projects. Experience of proposed subcontractors to be utilized on this project will not be considered.

5.1.5.1 The offeror shall complete a minimum of three (3), but no more than five (5), “Experience Information” forms, in response to this factor. All projects submitted must be at least 50% construction complete within the last six (6) years preceding the date of the solicitation.

5.1.5.2 Offerors shall utilize Experience Information Form in Attachment #2. This sheet is MANDATORY and SHALL be used to submit project information. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP. Except as specifically requested, the Government will not consider information submitted in addition to this form.

Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed FOUR (4) pages.

5.1.6 Offeror shall complete the latest version of the LEED checklist (see https://www.usgbc.org/leed for information on LEED certifications) to show a minimum of two (2) projects are at least LEED Silver Certifiable.

5.2 EVALUATION CRITERIA:

5.2.1 The Government will consider past performance of the prime construction contractor and proposed designer of record. If a firm has multiple functions or divisions, the Government will only evaluate the past performance of the unit or division submitting the offer. Where the Government views an offeror’s role, or that of its team members, if any, as not significant or as not clearly defined, the Government reserves the right to view this lack of involvement, or clarity, as a risk which may impact an offeror’s rating for this factor despite the quality of recent, relevant past performance information.

5.2.2 Past performance shall be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant to the effort to be acquired.

Relevant: Complex construction projects of similar size, scope and complexity on a minimum of three (3) recent projects. Below Criteria apply to both Design and Construction

- Equal to or greater than $27,000,000.00 in value

- Equal to or greater than 45,000 square feet in renovation, new construction or both.

- At least one (1) project must be greater than 3 floors.

- At least two (2) of the selected projects must be at least LEED Silver Certifiable. The Contractor shall submit a LEED checklist for each project applicable, showing the project meets this criterion.

Recent: Projects of similar size, scope, and complexity that must have been completed (fully designed and at least 50% construction progress completed) within six (6) years preceding the date of the solicitation

5.2.3 The Government will evaluate ONLY recent and relevant past performance based on the elements listed below to assign a confidence rating of acceptable/unacceptable.

5.2.5 Second, the past performance evaluation shall determine how well the offeror performed on the prior contracts.

The contractor shall have no “unsatisfactory” ratings in criteria 1-7, and no “marginal” ratings in criteria 1-4 (below) in the Contract Performance Assessment Reporting System (CPARS): quality, schedule, cost control, management, and utilization of small business, regulatory compliance, and safety.

(1) Quality of Construction. The Government will evaluate all information available with respect to the quality of the actual construction undertaken and the offeror’s ability to maintain quality control and accuracy of quality control documentation.

(2) Schedule. The Government will evaluate all information available with respect to the completion of projects within the scheduled completion times.

(3) Cost Control. The Government will evaluate all information available with respect to the offeror’s ability to efficiently utilize resources and demonstrate cost responsibility.

(4) Management. The Government will evaluate all information available with respect to the offeror’s ability to manage resources and key personnel.

(5) Utilization of Small Business. The Government will evaluate all information available with respect to the offeror’s ability to meet small business subcontracting plan goals.

(6) Regulatory Compliance. The Government will evaluate all information available with respect the offeror’s ability to enforce laws and regulations, correct deficiencies when non-compliant, and communicate laws and regulations to subcontractors.

(7) Safety. The Government will evaluate all information available with respect to the contractor’s safety program or efforts.

5.2.6 Failure to demonstrate the minimum acceptability standards under this factor will result in an “UNACCEPTABLE” rating and possible elimination from further consideration for contract award.

6. SUBMISSION REQUIREMENTS & EVALUATION FACTORS

VOLUME II: TAB C—FACTOR 4 – Project Labor Agreement (PLA)

6.1 SUBMISSION/MINIMUM REQUIREMENTS:

6.1.1 The minimum requirements for a PLA is defined as having all of the following criteria – the PLA reached puruant to this provision shall:

(1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement.

(2) Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements.

(3) Contain guarantees against strikes, lockouts, and similar job disruptions.

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement.

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

6.2 EVALUATION CRITERIA:

6.2.1 The Government will evaluate the Project Labor Agreement offered by the contractor as identified in paragraph 6.1.1.

6.2.2 To be considered eligible for award, the Government will verify that each offeror has submitted a Project Labor Agreement which meets the minimum criteria of paragraph 6.1.1.

The following have been deleted:

52.225-10 Alt I Notice of Buy American Requirement--Construction

Materials (Feb 2009) Alternate I

MAY 2014

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by full text:

52.225-11 BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (NOV

2023)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Free Trade Agreement country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a FTA country into a new and different construction material distinct from the materials from which it was transformed.

Least developed country construction material means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction material, excluding COTS fasteners. (See FAR 12.505(a)(2)).