W912PP22R0018_MQ9 FTU Ops Facility_Phase One (FINAL).pdf

SOLICITATION NO. W912PP22R0018

DATE: OCTOBER 2022

U.S. ARMY CORPS OF ENGINEERS

ALBUQUERQUE DISTRICT

DESIGN/BUILD

TWO-PHASE

MQ-9 Formal Training Unit (FTU) Ops Facility

Holloman Air Force Base (HAFB), Otero County, New Mexico

PHASE 1 REQUEST FOR PROPOSALS

This is an Unrestricted Acquisition

THIS PAGE INTENTIONALLY LEFT BLANK

Tw o Phase Design Build MQ-9 Formal Training Until (FTU) Ops Facility, Holloman Air Force Base (HAFB), Otero County, New Mexico

The NAICS for this project is 236220, w ith a size standard of $39.5 Million. The acquisition process w ill consist of tw o phases. Phase One requires the submission of relevant qualif ications. No more than f ive (5) of the most highly qualif ied offerors from Phase One w ill be selected to participate in Phase Tw o. The price proposal schedule w ill not be required until Phase Tw o. A pre-proposal confernece and site visit w ill be conducted for Phase Tw o offerors.

Offerors are advised that this requirement may be delayed, cancelled, or revised at any time during the soliciation or f inal aw ard process.

DIANA M KEERAN 505-342-3263

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

18-Oct-2022

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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 ________840 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________Phase Tw o RFP

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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________02 Dec 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers 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 _______60 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

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

W912PP

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

505-342-3496FAX:TEL: TEL: FAX:

W912PP22R0018 111

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

W912PP22R0018

Section 00 10 00 - Solicitation

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

If the offer is submitted by a corporation, partnership or a Joint Venture, the applicable form listed below must be completed and submitted with the Standard Form 1442. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the corporation named as Offeror/Contractor herein; that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation; that said offer/contract was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________ (CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State “none” or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

JOINT VENTURE

Provide a copy of the Joint-Venture (JV) agreement. The SF 1442, Solicitation, Offer and Award form must be signed by the party with the authority to bind the JV as indicated in the agreement. Each party to the JV agreement shall complete one of the following entries:

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation A)

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation B)

Section 00 20 00 - Instructions for Procurement

OFFEROR’S CHECKLIST

Administrative Notice to Offerors. Before signing and submitting this proposal, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your proposal to be rejected:

Have you acknowledged receipt of ALL solicitation amendments? If in doubt as to the number of amendments issued, please contact Diana Keeran, Contract Specialist, at (505) 342-3263.

Have you completed Section 00 45 00, Representations and Certifications?

Is your offer marked to show the Offeror’s name and address, the solicitation number, and the date and time offers are due?

Will your proposal arrive on time? In order for a late proposal to be considered, it must have been dispatched in accordance with the provisions of FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition.” Facsimile proposals will not be accepted.

THE FOLLOWING ARE INSTRUCTIONS TO OFFERORS TO SECTION 00 20 00:

USE OF THE WORDS “PROPOSER” AND “OFFEROR”

Whenever the word “Proposer” appears in the RFP it shall be construed to have the same meaning as the word “Offeror.”

REQUIREMENTS FOR PROTECTING FEDERAL CONTRACT INFORMATION (FCI) AND

CONTROLLED UNCLASSIFED INFORMATION (CUI)

Perspective offerors are advised that per current DoD guidance, they are required to comply with FAR 52.204-21, DFARS 252.204-7012, and DFARS 252.204-7020 requirements for safeguarding FCI and CUI for ALL DoD contract awards. In order to be considered for award, contractors are required to complete a cybersecurity assessment in the Supplier Performance Risk System (SPRS), https://www.sprs.csd.disa.mil PRIOR to submitting a proposal. Offerors must be registered in the Procurement Integrated Enterprise Environment (PiEE) in order to access SPRS. Offerors can register for PIEE access at https://piee.eb.mil/piee-landing .

AVAILABILITY OF PLANS AND SPECIFICATIONS

This solicitation will be issued via Internet only. Notification of amendments shall be made via Internet only, as well. It is therefore the contractor’s responsibility to check the following address daily for any posted changes to this solicitation. For security reasons, all technical and engineering data related to this solicitation will be distributed using SAM.gov, formerly Federal Business Opportunities (fbo.gov).

SAM.gov is a consolidation of ten legacy sites into a single database. In order to save searches, follow contract opportunities, request secure documents or sign up for an Interested Vendor List, you will need a login.gov account in SAM.gov. To create a login.gov account or link an existing login.gov account with SAM.gov follow the instructions on the SAM.gov website. Contractors registered with SAM.gov may view and/or download this solicitation and all amendments from the Internet after solicitation issuance at this site.

BIDDER INQUIRY AND PROPOSAL INFORMATION

a. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org.

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

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

2. 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.

3. The Solicitation Number is: W912PP22R0018

The Bidder Inquiry Key is: B2H896-XU47W3

b. The Bidder Inquiry System will be unavailable for new inquires one week before proposals are due, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

c. 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.

d. 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.

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

CONTRACTING OFFICER AUTHORITY

The Contracting Officer who signs this contract will be the primary Contracting Officer for this contract.

However, any Contracting Officer assigned to the Albuquerque District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable.

NAICS CODE AND SMALL BUSINESS SIZE STANDARD

The North American Industry Classification System (NAICS) code for this acquisition is 236220. The small business size standard is: the average annual receipts of the concern and its affiliates for the preceding three fiscal years must not exceed $39.5 million.

The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

CONSTRUCTION COST LIMITATION (CCL)

The CCL for this project is $57,761,733.00.

PRE-PROPOSAL CONFERENCE AND SITE VISIT

Individual site visits will not be allowed. A formal pre-proposal conference and site visit will be conducted at a date and time as announced for those Offerors selected for Phase Two.

The Offeror's attention is directed to FAR clause 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK" in Section 007000. Phase-two Offerors are advised to attend the site visit and conference to ascertain the degree of difficulty and other factors affecting the work in accordance with this clause.

Offerors are cautioned that nothing said or done at the pre-proposal conference or site visit will qualify or modify the terms of the solicitation document. The only instrument that shall qualify or modify the solicitation is a formal amendment, in writing, per FAR 15.206.

PROJECT DESCRIPTION

a. INTRODUCTION

(1) The United States Army Corps of Engineers (COE) is soliciting proposals for the design and construction of MQ-9 Formal Training Unit (FTU) Ops Facility at Holloman Air Force Base, Otero County, New Mexico

(2) Offerors will be required to submit firm-fixed price proposals.

(3) The project will be executed using a Design-Build process as described below.

b. THE DESIGN-BUILD PROCESS

(1) The project will be designed and built by a single firm or a team of firms (the Contractor) that has registered architects and engineers employed by or subcontracted to their organization. The Contractor retains the responsibility of the Architect-Engineer of Record, whether the Contractor uses architects or engineers from within his organization or subcontracts with an outside Architect/Engineer firm(s) for design services.

(2) The Design Criteria in conjunction with the specifications identify project design elements, building systems and materials through scope drawings, written and referenced design criteria and other performance specifications. The successful Offeror will be required to complete the design documentation and construction of the project in compliance with these requirements.

(3) An outline description of the Design-Build process follows:

A. Design Criteria. The Government has developed the Design Criteria, which will be included in Volume 1 of this RFP for Phase Two Offerors. These documents include specific criteria, drawings and specifications that generally define the required scope and quality for the project.

B. Proposal Phase

(i.) The Proposal Phase includes that time from announcement of the project through the selection process to the final award of the contract to the successful Offeror.

(ii.) Section 002216 of the solicitation defines the content, organization, and submission requirements of the technical and price proposals.

(iii.) The U.S. Army Corps of Engineers (COE) will evaluate and award the contract to a single Offeror based upon criteria that are outlined in Section 002216 of the RFP.

WHO MAY SUBMIT PROPOSALS

Any legally organized Offeror may submit a proposal.

Firms submitting a proposal as a joint venture (JV) must ensure the following requirements are met:

a. Obtain a Tax Identification Number (TIN) for the joint venture.

b. Prepare the Section 004500, Representations and Certifications as a joint venture (e.g., providing the TIN for the JV)

c. Register in the System for Award Management (SAM) formerly Central Contractor

Registration (CCR) as a joint venture in which a unique CAGE Code will be obtained.

See FAR Clause 52.204-7, System for Award Management for further information in Section 002100.

d. Provide a copy of the JV agreement in the proposal submission.

SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

The Offeror must ensure that your company’s data at the System for Award Management (SAM) website, https://www.sam.gov/portal/public/SAM/, is current per FAR 52.204-13, System for Award Management Maintenance. (This clause is included in Section 00 70 00 of this RFP.)

WHO WILL EVALUATE THE PROPOSALS

The Evaluation Committee will be composed of Corps of Engineers and Air Force personnel. A list of the members of the committee will not be released and contact with members of the committee is prohibited.

Efforts to solicit support from the committee will be considered grounds for disqualification of an Offeror’s proposal.

BONDS (FAR 28.102-2)

a. Bid Bond. Each Offeror shall submit with his offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in FAR 52.228-1. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. The bid bond shall remain in effect until Performance and Payment Bonds are provided and accepted.

b. Performance and Payment Bonds. Within ten (10) calendar days after contract award, and prior to contract performance, the Contractor shall furnish two bonds, a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety or sureties acceptable to the Government. The penal sum of such bonds will be as indicated in FAR 52.228-15.

NEW MEXICO GROSS RECEIPTS TAX (NMGR)

The Offeror should be aware that NMGR tax is applicable to this contract and the rate may vary for each county and city. The Gross Receipts Tax Rate is available from the New Mexico Taxation and Revenue Department, (505) 841-6200. The Gross Receipts Tax Rate is available at http://www.tax.newmexico.gov.

FEDERAL, STATE AND LOCAL TAXES

The Offeror shall include all applicable federal, state and local taxes in the contract price. See FAR 52.229-3, Federal, State, and Local Taxes in Section 007000 for additional information.

PRE-AWARD INFORMATION

Each Offeror shall provide, upon request of the Contracting Officer, a list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

PERFORMANCE OF WORK BY CONTRACTOR (FAR 36.501)

Unless such description has been submitted with the offer, the successful Offeror must furnish the Contracting Officer within 20 days after award, a description of the work that he intends to perform with his own organization (e.g., earthwork, paving, brickwork, or roofing), the percentage of the total work this represents, and the estimated cost thereof.

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

AND OSHA REQUIREMENTS

The successful contractor to this Request for Proposals will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil. by selecting “Safety and Occupational Health” followed by “EM 385-1-1”. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

Zero Accident Goal: The Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero accidents. To attain this goal, it will be necessary for contractor management to set the expectation that worker injury is unacceptable and to create a culture where employees at all levels accept ownership of their safety performance.

AMENDMENTS TO REQUEST FOR PROPOSALS

The right is reserved, as the interest of the Government may require, to revise the specifications and drawings both before and after the date set for receipt of offers. Such revisions, if any, will be announced by amendment(s) to the Request for Proposal. If the revisions and amendments are of a nature which require material changes in quantities, or prices offered, or both, the date set for receipt of offers may be postponed by such number of days as in the opinion of the Contracting Officer will enable the Offeror to revise the offer. In such cases, the amendment will include an announcement of the new date for receipt of offer.

COSTS RELATED TO PROPOSAL PREPARATION

All costs related to proposal preparation, including travel, will be borne solely by the Offeror. The Government is not liable for any costs incurred by the Offeror submitting an offer in response to this solicitation.

CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $750,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov/. If the Contractor wishes to participate in the performance evaluation process, access to PPIRS and PKI certification is the sole responsibility of the Contractor.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-2 Availability of Specifications, Standards, and Data Item

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

JUL 2021

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 NOV 2021 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

49.0% 6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Holloman Air Force Base, Otero County, New Mexico

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.228-17 INDIVIDUAL SURETY--PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee--

(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c) The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

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

U.S. Army Corps of Engineers Attn: Contracting Division (Contracting Officer) 4101 Jefferson Plaza NE Albuquerque, NM 87109

(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.

SITE VISIT INFORMATION WILL BE PROVIDED IN PHASE TWO

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):

https://www.acquisition.gov/browse/index/far

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 22 16 - Supplementary Instructions to Proposers

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA, AND

BASIS FOR AWARD: TWO PHASE

1.0 PHASE ONE GENERAL REQUIREMENTS

1.1 The intent of this Request for Proposal (RFP) is to solicit proposals for the new MQ- 9 FTU Operations Facility at Holloman Air Force Base, Otero County, New Mexico.

This is a competitive acquisition for the single award of a Firm Fixed Price contract.

Competition is Unrestricted, and therefore open to large and small businesses. Award will be made using a Two-Phase Best Value Tradeoff source selection process to select the best overall proposal that is determined to be the most beneficial to the Government.

1.2 Only those offerors that are determined to be most highly qualified in Phase One will be asked to submit their design related information for Phase Two. The Government reserves the right to award a contract without discussions IAW FAR 52.215-1. Award will be made in Phase Two of the source selection process from among the short-list of offerors selected from Phase One. No more than five (5) offerors will be selected for Phase Two. However, the Contracting Officer has the discretion of adjusting that number. The Contracting Officer may make the determination at the conclusion of Phase One of the source selection process that fewer than five (5) offerors are to be selected for Phase II. The award will be to the responsible offeror whose proposal the Source Selection Authority (SSA) determines conforms to the solicitation, is fair and reasonable and offers the best overall (i.e. best value) proposal, with appropriate consideration given to the evaluation factors. To be considered to compete in Phase Two, a rating of no less than “Acceptable” and “Satisfactory Confidence” (or “Neutral Confidence”) must be achieved for the Phase One proposal. Proposals receiving a deficiency will not be considered for Phase Two. To qualify for Phase Two, the offeror’s design entity is required to have professional architects and engineers, registered in the appropriate technical disciplines and must meet the requirements specified in Section 01 10 10 of the solicitation. All design must be under the direct supervision of appropriately licensed professionals for each discipline involved.

Evaluation methodology for the Phase One process consists of four factors (4) factors:

Relevant Contractor Experience, Past Performance, Key Personnel, and Management Approach.

1.3 This is Phase One of a Two-Phase RFP. This RFP is requesting submission of proposals under Phase One Submission criteria ONLY. After evaluating Phase One proposals, the SSA with select the most highly qualified offerors and request that only those offerors submit Phase Two proposals. Offerors shall not submit any proposals under Phase Two submission criteria at this time. Submitting any information under Phase Two criteria may lead to disqualification of your proposal.

1.4 The proposal shall describe the capability of the offeror to perform the requirements of the solicitation. The proposal should be specific and complete in every detail, and should be prepared simply and economically, providing a straightforward and concise description of capabilities to satisfactorily perform the requirements. The proposal should be practical, legible, clear, and coherent.

1.5 In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory.

Failure to submit an organized proposal as requested may adversely affect an offeror’s evaluation.

1.6 NOTE: PHASE ONE DOES NOT INCLUDE SUBMISSION OF A COST/PRICE

PROPOSAL. ONLY THOSE OFFERORS SELECTED TO MOVE ON TO PHASE TWO

WILL BE REQUIRED TO SUBMIT A COST/PRICE PROPOSAL.

2.0 PHASE ONE FACTORS TO BE EVALUATED

2.1 The following are the Phase One evaluation factors appliable to this requirement:

FACTOR 1 – Relevant Contractor Experience FACTOR 2 – Past Performance FACTOR 3 – Key Personnel FACTOR 4 – Management Approach

2.1.1 Phase One will be evaluated on Phase One Factors 1 through 4 identified above to determine the most highly qualified firms to submit Phase Two proposals. Technical Factors 1-4 are listed in the table below, in descending order of importance.

2.2 PHASE TWO FACTORS –

2.2.1 This is provided for informational purposes only.

2.2.1.2 In accordance with FAR 36.303-1(a)(3), the following are the Phase Two evaluation factors. Offerors shall not submit any proposals under Phase Two submission criteria at this time.

FACTOR 1 – DESIGN TECHNICAL APPROACH

FACTOR 2 – CONSTRUCTION TECHNICAL APPROACH

FACTOR 3 – PROPOSED CONTRACT DURATION AND SCHEDULE

FACTOR 4 – SMALL BUSINESS PARTICIPATION

FACTOR 5 – PRICE

2.2.1.3 Phase Two will be evaluated on Phase Two Factors 1 through 5. Technical Factors 1 through 4, are listed in descending order of importance. Factor 1 is the most important factor. Factor 2 is less important than Factor 1. Factor 3 is less important than Factors 1 and 2. Factor 4 is significantly less important than Factors 1-3. Technical Factors 1-4, when combined, are of equal importance to Factor 5, Price.

3.0 PROPOSAL SUBMISSION REQUIREMENTS

3.1 Each volume shall be submitted electronically. There are two electronic options: via email or using the DoD SAFE (formerly AMRDEC SAFE) if proposals are too large to send via email. When using SAFE, Offerors are required to request a drop off code from the Contract Specialist (Diana Keeran), diana.m.keeran@usace.army.mil prior to the proposal due date and time. It is recommended that offerors contact the Contract Specialist, prior to the receipt of proposal date and time, to verify that their proposal has been successfully submitted, as the DoD SAFE website does not generate a confirmation email.

3.2 Each paragraph shall be single spaced and be separated by at least one blank line.

A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 10-point and may be produced in landscape mode. Sheet size shall be 8.5 x 11 inches, however if drawings, charts, or other graphics are submitted, sheets no larger than 11 x 17 inches shall be used. Each 11 x 17 page shall count as one (1) single page toward the page count.

3.3 The following volume of material shall be submitted for Phase One:

Location Factor # Description Relative

Importance Page Limitation

Tab A N/A Proposal Cover Sheet, SF1442 Corporate, Partnership, Joint Venture (JV) Certificates, Copy of JV Agreement or Teaming Agreement (If Applicable), Financial Capacity

Not Rated

N/A

Tab B Factor 1 Relevant Contractor Experience Most Important

Factor

Tab C Factor 2 Past Performance Second Most

Important Factor

Tab D Factor 3 Key Personnel Third Most Important

Factor

Tab E Factor 4 Management Approach Least Important

Factor

3.4 Past Performance Questionnaires/CPARS, Representations and Certifications, performance recognition documents, Small Business Participation Past Performance, and Small Business Participation Commitment Document are excluded from the page count. Title sheets, indices, a detailed work schedule, and tables of contents are EXCLUDED from the page limitations specified in the tables above.

3.5 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.

4.0 PROPOSAL FILES

4.1 Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and Request for Proposal (RFP) number in the header and/or footer. A Table of Contents should be created using the Table of Content feature in MS Word. MS Word (doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

4.2 The following additional restrictions apply:

4.2.1 File Packaging. Files shall be in read-only, searchable format, using PDF files.

All price breakdown information to aide in the cost/price evaluation shall be submitted in Microsoft Office Excel.

4.2.2 Content Requirement. All information shall be confined to the appropriate file.

The offeror shall confine submissions to essential matters sufficient to define the proposal in a concise manner to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

4.2.3 Where the word “project” appears, it is understood to mean a project(s), contract(s), task order(s), or any other contract document provided for in the Federal Acquisition Regulation (FAR 2.101). Examples of projects submitted by the Prime Contractor may be projects performed for a State or Federal Government Agency, or for a commercial or private sector customer.

5.0 PHASE ONE: SUBMISSION REQUIREMENTS, PROPOSAL CONTENTS AND

RELATED EVALUATION FACTORS

5.1 Tab A: Proposal Cover Sheet, SF1442, Certifications/Representations, JV Agreement and/or Corporate, Partnership, Joint Venture (JV) certificates or Teaming Arrangement (if applicable), Financial Capacity. Offerors shall include a proposal cover sheet in Volume 2 as required by FAR 52.215-1(c)(2). This provision, entitled “Instructions to Offerors – Competitive Acquisition,” is included in full text in Section 00 21 00 of the RFP. The proposal cover sheet must provide the following information:

A. Solicitation Number

B. Name, address, telephone, and electronic email address

C. UEI, CAGE, and Tax Identification numbers of the offeror

D. Statement specifying the extent of the 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 as reflected in the price schedule attached to the SF1442. (Note: failure to agree with all terms, conditions, and provisions in the solicitation may result in the offeror’s proposal being rejected as non-responsive).

E. Name, title, telephone, and electronic email address of person(s) authorized to negotiate on the offeror’s behalf with the Government in connection with this

RFP.

F. Name, title, telephone, and electronic email address of person(s) authorized to sign the proposal and any contract that may result from the proposal.

G. Name, title, telephone, and electronic email address of alternative point of contact (other than those listed above) authorized to receive electronic correspondence regarding this RFP.

H. Acknowledgement that your company’s data at the System for Award Management website is current per FAR 52.204-7, System for Award Management. This clause is included in Section 00 21 00 of this RFP.

Following the proposal cover sheet, The Phase One proposal should be organized into the following tabbed sections:

5.1.1 Standard Form, Solicitation, Offer and Acknowledgement of Amendments (SF1442). If hard copies are submitted, these documents should be secured within some form of document protector and not “hole punched”. The SF1442 shall be completed by the offeror and duly executed with an original signature by an official authorized to bind the company in accordance with instruction at FAR 4.102. Include with the offeror’s name and address in Block 14 of the SF1442, your company’s UEI, CAGE, and Tax Identification numbers. Offerors shall acknowledge all amendments to the solicitation in block 19. If the offeror fails to acknowledge all amendments, the proposal (Volumes 1-3) will be considered non-responsive and shall not be evaluated further.

5.1.2 Certifications/Representations and other Statements of Offerors. This tab shall contain Section 00 45 00 of this solicitation, including the Representation & Certifications cover page completed by the offeror (to include provision 52.204-26 Covered Telecommunications Equipment or Services). Complete all provisions and fill in all applicable areas. In addition, offerors shall include in this tab their completed electronic Representations and Certifications from the SAM.gov website. Since FAR 52.204-7 System for Award Management is applicable to this solicitation, the offeror in accordance with FAR 52.204-8 (d) is required to complete the annual representations and certifications electronically via the SAM Website accessed through https://www.sam.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified by the offeror under this provision.

5.1.3 JV Agreement and/or Corporate, Partnership, Joint Venture Certificate. If applicable, the offeror shall provide a copy of the firm’s JV Agreement. The offeror shall provide a completed copy of the Corporate Partnership, Joint Venture Certificate provided in the RFP.

5.1.4 Teaming Agreement. If utilizing a Teaming Arrangement, as part of your proposal, the offeror must provide a contractor team agreement signed by all parties, identifying the legal name(s) of all entities and describing the nature of each entity’s relationship (teaming/partnering, joint venture, mentor/protégé, etc…).

5.1.5 Financials and Financial Standing Questionnaire. Offerors shall provide their latest balance sheet and income statement, including names of banks or other financial institutions with which your firm conducts business. If the financial statements are more than 60 days old, a certificate should be attached stating that the financial condition is substantially the same, or if not the same, state the changes that have taken place. The financial statements will be treated as confidential. The Financial Standing Questionnaire provided at the end of this section of the RFP is required to be submitted under this section.

5.2 Tab B: Factor 1 -- Relevant Contractor Experience

5.2.1 Experience in Relevant Projects

5.2.1.1 The offeror shall submit examples of recent construction projects which best illustrate the experience of the construction contractor on relevant projects of similar scope, type, complexity, size and magnitude as defined below. A minimum of three (3) Construction projects but not more than five (5) are to be submitted for the Prime Contractor. A minimum of two (2) projects but not more than three (3) are to be submitted for the design firm. Limit the information for Factor 1 to twenty (20) pages or less. All narratives must contain sufficient detail to demonstrate recency and relevancy.

5.2.1.2 The Government may consider projects more relevant if they consist of all the recency and relevancy criteria listed below. Offerors are encouraged to submit a combination of projects demonstrating as many relevant characteristics as possible. For the purposes of evaluation under this factor, more consideration may be given (i.e.

projects may be determined more relevant) to an offeror that demonstrates experience on projects that involve the following:

5.2.1.2.1 Performance by the offeror as the Prime Contractor

5.2.1.2.2 Previous experience between the Contractor and Designer of Record

5.2.1.2.3 Construction Complete Projects, or approximately 70% construction complete, (measured by performance period days) within the last 7 years from the closing date of the RFP. Projects completed more than 7 years before the RFP closing date will not be considered for evaluation purposes.

5.2.1.2.4 Experience with projects that involve Anti-terrorism/Force Protection (AT/FP) compliant construction.

5.2.1.2.5 Experience with design and construction of Intelligence Community Directive (ICD) 705 compliant secure facilities.

5.2.1.2.6 Experience with constructing large, complex military facilities with multiple secure areas

5.2.1.2.7 Experience with design and construction of facilities…