W912PP24R0031 STORM PHASE I RFP.pdf

SOLICITATION NO. W912PP24R0031

DATE: March 2024

US Army Corps of Engineers ® Albuquerque District

TWO-PHASE

DESIGN/BUILD BUILDING 592 NEW SCIENCE &

TECHNOLOGY ON-ORBIT RESEARCH MISSION

OPERATIONS CENTER (STORM)

Kirtland Air Force Base, Bernalillo County, New Mexico

This acquisition is set aside for Small Business Participants

PHASE I REQUEST FOR PROPOSALS

THIS PAGE INTENTIONALLLY LEFT BLANK

Building 592 New Science & Technology On-Orbit Research Mission Operations Center (STORM), Kirtland Air Force Base, Bernalillo County, New Mexico

The NAICS for this project is 236220, w ith a size standard of $45 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 conferece and site visit w ill be conducted for Phase Tw o offerors.

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

ROBERT J MCPHERREN

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

14-Mar-2024

(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 ________545 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________Phase II 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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Apr 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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

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:

W912PP24R0031 1 OF 107

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

W912PP24R0031

Section 00 10 00 - Solicitation

JV CORP

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

INSTRUCTIONS TO OFFERORS

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)

Prospective 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: W912PP24R0031 The Bidder Inquiry Key is: PRMQNR-7N5BAB

b. The Bidder Inquiry System will be unavailable for new inquires on 12 April 2024 at 2:00PM Mountain time, 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 $45 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 the Base CLINs this project is $6,000,000.00. Base plus all options is $9,000,000.00.

PRE-PROPOSAL CONFERENCE AND SITE VISIT (PHASE TWO ONLY) 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 00 70 00. 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 Building 592 New Science & Technology On-Orbit Research Mission Operations Center (STORM), Kirtland Air Force Base.

(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 00 22 16 of the solicitation defines the content, organization, and submission requirements of the technical and price proposals.

(iii.) The COE will evaluate and award the contract to a single Offeror based upon criteria that are outlined in Section 00 22 16 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. Small Business Joint Ventures: A small business joint venture offeror MUST submit, with its Proposal – Section 00 45 00, the representation required in paragraph (c) of FAR solicitation provision 52.219-1(DEV), Small Business Program Representations, in accordance with 52.204-8(d) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.”

d. 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.

e. 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.

OFFERORS CHECKLIST

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 Robert McPherren, Contract Specialist, via email at robert.j.mcpherren@usace.army.mil.

[ ] 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?

[ ] If any of the solicitation amendments involved changes to the proposal schedule, did you use the amended schedule for submitting your proposal?

[ ] Is your proposal guarantee in the proper form and amount?

[ ] 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.

[ ] Have you reviewed your proposal for possible errors in calculations or work left out?

mailto:robert.j.mcpherren@usace.army.mil

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 Defense Specifications, Standards, and Data

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

SEP 2023

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

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 NOV 2023 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

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

(iii) 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;

(iv) 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

(v) 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.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. 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.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(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

38.3% 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:

Kirtland Air Force Base (KAFB), Bernalillo 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 $3,000,000.00, whichever is less.-

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

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

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 87109-3435

(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 II

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.

252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA (JAN 2023) ALTERNATE I (JAN 2023)

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

Market prices means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

Non-Government sales means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

Relevant sales data means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

Sufficient non-Government sales means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by FAR 15.404-1(b)(2)(ii)(B).

Uncertified cost data means the subset of “data other than certified cost or pricing data” (see FAR 2.101) that relates to cost.

(b) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

(i) Exception for price set by law or regulation--Identification of the law or regulation establishing the price offered.

If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same product or service or similar products or services have been sold in the commercial market. Such information shall include--

(A) For products or services previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

(B) For items priced based on a catalog--

(1) A copy of or identification of the Offeror's current catalog showing the price for that item; and

(2) If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

(C) For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit the DoD to verify the accuracy of the description;

(D) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

(E) For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

(2) The Offeror grants the Contracting Officer or an authorized representative the right to…