W912PP25R0004.pdf

DATE:

SOLICITATION NO.

W912PP25R0004

MARCH 2025

US Army Corps of Engineers ® Albuquerque District

TWO-PHASE

DESIGN/BUILD REPAIR BUILDING 322

CEREBRO LABORATORY

Kirtland Air Force Base, Bernalillo County, New Mexico

This acquisition is set aside for SBA Certified 8(a) Participants

PHASE I REQUEST FOR PROPOSALS

Design/Build Repair Building 322 CEREBRO Laboratory, 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 qualifications. No more than five (5) of the most highly qualified 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.

LORETTA D SANCHEZ 505-342-3210

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 (RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

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 ________585 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 ___________ 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:

W912PP25R0004 1 OF

3. DATE ISSUED

local time April 3, 2025. If this is a sealed bid solicitation, offers must be publicly opened at that time.

4-MAR-2025

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 of fers 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

W912PP25R0004

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: W912PP25R0004 The Bidder Inquiry Key is: 58BT5Q-CGCQVI

b. The Bidder Inquiry System will be unavailable for new inquires on 21 March 2025 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 this project is $4,409,005.

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. Phase-two Offerors wishing to attend will be required to provide their full name, company name, and phone number to Mr. Filemon Gallegos, U.S. Army Corps of Engineers, at FAX (505) 342-3480 by the date to be announced.

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.

Written questions relating to the project that are submitted at least two days prior to the pre-proposal conference will be answered at the conference where feasible. These questions should be faxed to Mr.

Gallegos. 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 the Repair of CEREBRO Laboratory, Kirtland Air Force Base, Bernalillo 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 00 22 16 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 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. Register in the System for Award Management (SAM) formerly Central Contractor

Registration (CCR) as a joint venture in which a Unique Entity Identifier (UEI) will be issued and 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.

ARMY CONTRACT WRITING SYSTEM (ACWS) TRANSITION INFORMATION FOR OFFERORS

a. The Department of the Army is in the process of deploying a new contract writing software application to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software application will replace legacy Army contract writing systems.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (i.e., solicitation amendments and awards, if any). As a result:

i. Solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (i.e., requiring offer submission via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module versus e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the designated point of contact contained in the solicitation.

ii. If ACWS is deployed prior to contract award, documents received from the Contracting

Officer or view on the System for Award Management (SAM.gov) or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the designated point of contact contained in the solicitation.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, the Offeror, maybe the first to identify such errors. Therefore, Offerors shall:

i. Notify the designated point of contact contained in the solicitation immediately if any observed changes, removals, or additions that would affect award eligibility, violate, or alter existing quote/ proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the solicitation and award process.

iii. Notify the designated point of contact contained in the solicitation for guidance if any inadvertent change is noticed or suspected between document issuances.

3. In the unlikely event that a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly formatted award that accurately reflects this requirement and all applicable terms and conditions once systems return to normal.

4. After contract award, the Contracting Officer will correct problems affecting award documents

(if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (i.e., the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

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 Loretta Sanchez, Contract Specialist, at

(505) 342-3210.

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

[ ] Is your 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?

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-23 Late Submission, Modifications, And Withdrawals Of

Technical Proposals Under Two-Step Sealed Bidding

NOV 1999

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV

2021) - Alternate I

OCT 1997

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

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

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.228-1 Bid Guarantee SEP 1996 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

252.236-7006 Cost Limitation JAN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation and at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.211-2 AVAILABILITY OF DEFENSE SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) WEBSITE (SEP 2023)

(a) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(b) Defense documents not available from ASSIST may be requested from the Defense Standardization Program Office by--

(1) Using the ASSIST feedback module (https://assist.dla.mil/feedback); or

(2) Contacting the Defense Standardization Program Office by telephone at 571-767-6888 or email at assisthelp@dla.mil.

(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 Albuquerque, Bernalillo County, New Mexico

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 (MAY 2024) ALTERNATE I (AUG 2024)

(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 Federal Acquisition Regulation (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 determining commerciality and 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 subsystems of a major weapon system and components and spare parts of a major weapon system or subsystem of a major weapon system that have not previously been determined to be commercial--

(1) The comparable commercial product the Offeror sells to the general public or nongovernmental entities;

(2) A comparison between the physical characteristics and functionality of the comparable commercial product and the subsystem, component, or spare part, including--

(i) For products under paragraph (3)(i) of the “commercial product” definition at FAR 2.101, a description of the modification and documentation to support that the modification is customarily available in the marketplace; or

(ii) For products under paragraph (3)(ii) of the “commercial product” definition at FAR 2.101, a detailed description of the modification and detailed technical data to demonstrate that the modification is minor (e.g., information on production processes and material differences); and

(3) The national stock number (NSN) for the comparable commercial product, if one is assigned, and the NSN for the subsystem, component, or spare part; or

(4) If the Offeror does not sell a comparable commercial product to the general public or nongovernmental entities for purposes other than government purposes, the Offeror shall--

(i) Notify the Contracting Officer in writing that it does not sell such a comparable product; and

(ii) Provide the Contracting Officer with a comparison of the physical characteristics and functionality of the most comparable commercial product in the commercial market.

(C) 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);

(D) 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;

(E) 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

(F) 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 examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and to determine the reasonableness of price.

(c) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Offeror shall submit certified cost or pricing data and supporting attachments in the following format: [Insert description of the data and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.408, Table 15-2, Note 2. The Contracting Officer shall insert the description at the time of issuing the solicitation or specify that the format regularly maintained by the offeror or prospective subcontractor in its business operations will be acceptable. The Contracting Officer may amend the description as the result of negotiations. ]

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(3) The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(i).

(d) Requirements for data other than certified cost or pricing data.

(1) Data other than certified cost or pricing data submitted in accordance with this provision shall include all data necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in Defense Federal Acquisition Regulation Supplement (DFARS) 215.402(a)(i), 215.404-1(b), and 234.7002(e).

(2) In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

(3) If the Offeror redacts data that identifies the customer (see DFARS 234.7002(e)(2)), then the Offeror shall include, for each sale, the following signed statement with the data submitted:

“By submission of this data, the Offeror [Offeror insert company name ] certifies that the customer was [Offeror insert one or more of the following as applicable: a government customer (e.g., Federal, state, local, or foreign government); a commercial customer purchasing the same or similar product for governmental purposes; or a commercial customer purchasing the same or similar product for a commercial, mixed, or unknown purpose]

(4) The Offeror shall provide information described as follows: [Insert description of the data and the format that are required, including access to records necessary to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3 or DFARS 234.7002(e). ]

(5) Within 10 days of a written request from the Contracting Officer for additional information to support proposal analysis, the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

(6) Subcontract price evaluation.

(i) Offerors shall obtain from subcontractors the information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

(ii) No cost information may be required from a prospective subcontractor in any case in which there are sufficient non-Government sales of the same item to establish reasonableness of price.

(iii) If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary--

(A) To support the conclusion that items are technically similar; and

(B) To explain any technical differences that account for variances between the proposed prices and the sales data presented.

(e) Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of--

(1) Paragraph (c) and (d) of this provision…