W912QR19R0011_SpecsVol1-0000.pdf

Solicitation For Multiple Award Task Order Contracts U.S. Army Corps of Engineers Louisville District Mission Boundaries

West Region

Specifications Volume 1 of 2

24 July 2020

W912QR19R0011

W912QR19R0011_SpecsVol1-0000

IDIQ Design Build and Design Bid Build Multiple Aw ard Task Order Contract (MATOC) to support the military construction (MILCON) and operations and maintenance (O&M) funded construction requirements for U.S. Army, U.S. Air Force, Army Reserve and Air Force Reserve nationw ide programs in the Western Region.

The available capacity for this MATOC is $70,000,000.00.

Each MATOC aw ard w ill consist of a f ive year base period and f ive one year option periods for a total of a ten year period.

NAICS Code 236220. Size standard $39,500,000.00.

THIS PROJECT IS SET ASIDE FOR THE SMALL BUSINESS HUBZONE PROGRAM. Offers w ill be accepted only from those f irms registered in the SBA HUBZone program. See https://ew eb1.sba.gov/hubzone/internet/ See Section 00 70 00 FAR 52.219-3 (Dev).

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM) available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-7 and any other CCR/ORCA requirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users.

EMILY A MOORE 502.315.6181

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

24-Jul-2020

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Aug 2020 (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 is, X 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 _______120 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

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour) Sealed envelopes containing offers

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

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

502.315.6195 OR 6193FAX:TEL: 502.315.6172 TEL: FAX:

W912QR19R0011 79

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

W912QR19R0011

Section 00 00 00 - Procurement and Contracting Requirements

AWARDING TASK ORDERS

This is an Indefinite Delivery, Indefinite Quantity type Contract (IDIQ) Multiple Award Task Order Contract (MATOC) for Design-Build and Design-Bid-Build, Firm-Fixed-Price task orders in accordance with FAR Subpart

16.5 to support the military construction (MILCON) and operations and maintenance (O&M) funded construction requirements for U.S. Army, U.S. Air Force, Army Reserve and Air Force Reserve nationwide programs for the Western Region. This contract is set aside for HUBZone Contractors. The total combined contract capacity under the umbrella contract is valued at $70,000,000.00 over a five-year base period from the date of award. This MATOC Umbrella Contract will also include five one-year options. Awards will be made as Firm-Fixed-Price Task Orders during the period of performance.

For the base period only, the Government hereby obligates itself to obtain not less than Ten Thousand and No/100 Dollars ($10,000.00) in services. The minimum guarantee will be obligated through the award of the base contract and will de-obligated once the minimum guarantee has been met. There is no guaranteed minimum for the option periods, if exercised.

PERFORMANCE AND PAYMENT BONDS ARE ONLY APPLICABLE TO THE EXTENT INDICATED ON

INDIVIDUAL TASK ORDERS.

More than one contract is being awarded for the same services under this solicitation. Each awardee will be afforded a fair opportunity to be considered for each task order in excess of $3,500.00 in accordance with FAR 16.505 (b)(1)(i).

Task orders will typically be competed among all awardees. Task order awards may be made on a “Best Value” basis as outlined in the individual task order, or task order awards may be made on the basis of low price.

The Contracting Officer may also consider the following factors when awarding a task order:

1. Contract Minimums – Task order will be distributed to assure the guarantee minimums are met.

2. Location/Proximity – Projects may be at any location in the Western Region. Travel distance from the contractor’s office to the job site may be a consideration. Current support work at a particular location could be a factor when distributing new work at the same time.

3. Past Performance on Previous Task Orders – The quality and timeliness of services provided on prior jobs.

4. Capacity to Perform – The ability/capability of the contractor’s staff to take on additional work.

5. Specific Past Experience – Past Experience related to a location or particular type of work.

If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman at the following address: COL. Robert J. Miceli , Deputy Director of Contracting, U.S.

Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000. The ombudsman will review the contractor’s complaint, and in coordination with the Contracting Officer ensure that the contractor was afforded a fair opportunity to be considered for the task order.

ON/OFF RAMPING PROCEDURES

The government intends to utilize an “On and Off Ramp” concept in order to maintain a sufficient pool of contract awardees. The total number of Contractors within each pool may fluctuate due to any number of reasons including, but not limited to, competition levels on task orders, mergers & acquisitions; and the Government’s exercise of the off-ramp process. It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for task orders to meet the Government’s mission requirements.

A. On-Ramping.

Contractors will be notified that on-ramping additional contractors may occur at any time during the life of the MATOCs, and that the determination to utilize the on-ramping procedures below will rest solely on the Government. The Government will determine when and how often on-ramping will be used throughout the life of the contracts. Contractors will be notified through beta.SAM.gov when on-ramping is to take place.

B. Procedures for On-Ramping.

The Government will determine whether it would be in its best interest to initiate an on-ramp to add additional Contractor(s) to the pool at any time, subject to the following conditions.

(1) An open season notice is published in beta.SAM.gov in accordance with FAR Part 5, Publicizing Contract Action. During open season the same procedures will be followed as putting the initial contracts in place.

(2) The determination of the use of seed or sample projects will be made at time of the acquisition planning for the open season. The projects utilized will be representative of the projects that will be advertised on the MATOC.

(3) An open season solicitation is issued under current Federal procurement law.

(4) The solicitation identifies the total anticipated number of new contracts the Government intends to award.

(5) Any Offeror that meets the eligibility requirements set forth in the original solicitation may submit a proposal in response to the solicitation.

(6) The award decision under the open season solicitation is based upon substantially the same evaluation factors/sub-factors as the original solicitation.

(7) An Offeror’s proposal met all of the acceptability criteria of the original solicitation.

(8) The minimum guarantee will be $10,000 in services for each contract award.

(9) The terms and conditions of any resulting awards are materially identical to the existing version of the contract.

(10) The period of performance term for any new awards is coterminous with the existing term for all other Contractors, and overall number of Contractors in the MATOC will not exceed seven (7) at any time.

(11) The Government will restrict on-ramping to HUBZone businesses.

(12) Immediately upon on-ramping, the Contractor is eligible to submit a proposal in response to any task order solicitation and receive task order awards with the same rights and obligations as any other Contractor.

C. Off-Ramping.

Off-Ramping is defined as the process of removing a Contractor from the MATOC pool. The Government intends to Off-Ramp non-performing Contractors through any of the methods outlined below:

(1) Permitting the Contractor’s Contract term to expire instead of exercising an option. Reasons that the Government may elect to allow a contractor’s term to expire include, but are not limited to, unsatisfactory performance on task orders under the MATOC, or failure to regularly submit proposals in response to Requests for Proposals issued under the MATOC. The Government will inform prospective offerors in the Solicitation for the MATOC that failure to actively participate in the MATOC by proposing on solicited projects may resulting in the Government electing not to exercise a contractor’s option.

(2) Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

(3) Termination for Default as defined in FAR Part 49.

SF 1442 CONTINUATION PAGE

1) Block 11 – The Period of Performance will be determined on a task order basis.

2) The requirement for Payment and Performance Bonds will be determined on a Task Order basis.

3) The Sample Project Price Breakout Schedule (to be issued with Phase II) is for evaluation purposes only and will not result in a task order award.

4) The applicable Buy American Act clauses will vary on a task order basis based on the dollar threshold of each task order. See FAR 25.1102 for additional details.

SCOPE

The Western Region pool will cover the following states: Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.

This work consists of construction (design-build or design-bid-build) as well as items incidental to the completion of the construction. The scope includes new building construction, building or building systems renovation, structural repairs, site work, and paving. Activities incidental to construction may include work such as building/facilities demolition and debris removal, utility installation/replacement, equipment upgrades, landscaping, geotechnical work, security systems, and abatement of materials of environmental concern (e.g. materials containing lead, asbestos, PCBs or HTRW).

PROJNET INSTRUCTIONS

OFFEROR'S QUESTIONS AND COMMENTS

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. As noted below, offerors shall not submit their proposals via ProjNet.

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

The Solicitation Number is: W912QR19R0011 The Bidder Inquiry Key is: 42DH9S-E3KFIH

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

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

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.

Offerors are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

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.

Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids/proposals.

NOTES:

1. Offerors shall not submit their proposals via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting offers shall be made directly to the Contract Specialist identified in the solicitation.

2. Government responses to technical inquiries and questions relating to proposal procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be http://www.projnet.org/projnet limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.

3. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled five (5) days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within two (2) days prior to the closing date stated in the solicitation.

ELECTRONIC PROPOSAL SUBMISSION

Proposals: ALL SUBMISSIONS TO THIS PROPOSAL ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH DOD SAFE. No paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email.

Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:

1. Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to proposal due date.

a. Rey Custodio, Contract Specialist at Rey.V.Custodio@usace.army.mil

b. Emily Moore, Contracting Officer at Emily.A.Moore@usace.army.mil

2. You will receive an email with the link to submit your drop-off. The link will be provided no later than two

(2) business days prior to the proposal due date.

3. Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter

W912QR19R0011-FIRMNAME.

4. Click Upload button to send documents.

5. Guest users will need to check their email to verify their email address before the recipients will be notified. No additional action is required by CAC users.

File Size Limitations: Offerors are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below. Volume I and Volume II should be uploaded and transferred at same time.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912QR19R0011-FIRMNAME-VOLUME I

• W912QR19R0011-FIRMNAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description.

Please see examples above.

File Organization: Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 11 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 fold-outs, etc.) will be counted as two pages. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

W912QR19R0011_SpecsVol1-0000 mailto:Jessica.Manley@usace.army.mil mailto:Emily.A.Moore@usace.army.mil

Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text (i.e. using the CTRL F function). Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors – Competitive Acquisition (Jan 2017),” subparagraph (e), which is found in 00 21 00 Instructions of the RFP. The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

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 JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7006 Cost Limitation JAN 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of no less than three (3) and no more than seven (7) Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) resulting from this solicitation.

(End of provision)

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to up to seven (7) sources under this solicitation.

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

COL. Robert J. Miceli , Deputy Director of Contracting, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

To Be Determined on a Task

Order Basis.

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 to be determined on a Task Order basis.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause

52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

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: Emily Moore, Contracting Officer 600 Dr. Martin Luther King Jr. Place Room 821 Louisville, KY 40220

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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.

(b) Site visits may be arranged during normal duty hours by contacting:

To Be Determined on a Task Order Basis (identified in the Section 00 75 00 issued with the Task Order

Request for Proposal)

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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.

(b) An organized site visit has been scheduled for-- If required, will be determined on a Task Order basis

(c) Participants will meet at-- If required, will be determined on a Task Order basis

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):

FAR - https://www.acquisition.gov/browsefar

DFARS - https://www.acquisition.gov/dfars

(End of provision)

W912QR19R0011_SpecsVol1-0000 https://www.acquisition.gov/browsefar https://www.acquisition.gov/dfars

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 16

SECTION 00 22 16

PROCEDURES FOR SUBMITTAL AND EVALUATION OF OFFERS FOR PHASE I

1. Overview

1.1 The intent of this solicitation is to select no less than three (3) and up to seven (7) contractors for Firm

Fixed Price Multiple Award Task Order Contracts (MATOCs) for primarily Design and Construction (D/B) projects within the Louisville District Area of Responsibility to support the U.S. Army Reserves, U.S. Air Force Reserves, U.S. Air Force and U.S. Army programs.

1.2 This is a two-phase procurement and the basis of award is the Best Value Trade-Off Process. Potential offerors are invited to submit the information described in this Section 00 22 16 for Phase I for review and evaluation by the Government. Following completion of the evaluation of Phase I, up to a maximum of ten

(10) most highly qualified offerors will be selected to participate in Phase II. The selected offerors for Phase II will be invited to submit the information described in Section 00 22 18, Procedures for Submittal of Offers for Phase II, for review and evaluation by the Government. Price will be evaluated in Phase II through use of a sample project and binding contract rates. No seed task order will be awarded as a result of this solicitation. Only the base MATOCs will be awarded. Following completion of the Phase II evaluation, the Contracting Officer will award up to seven (7) contracts to the responsible offerors whom the Source Selection Authority determines conform to the solicitation, are fair and reasonable, and offer the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offers or to reject all offers.

2. Submittal of Offers

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's capability for successfully completing the solicited project. Requirements stated in this Request for Proposal (RFP) are minimums. Proposals should follow in the order of sequence set forth in the RFP. Information provided out of sequence may not be evaluated and may result in the offeror’s disqualification from award.

2.2 Offerors shall submit their proposals electronically in accordance with the Proposal Submission

Instructions in Section 00 21 00 of the solicitation. Please follow the instructions precisely as proposals must complete the upload no later than the time and date specified in Block 13 of Standard Form 1442.

NOTE: The Louisville District is in the Eastern Time Zone.

2.3 For Phase I, offerors are required to submit a proposal consisting of the information identified in paragraphs 2.4 and 2.5 below. All proposal materials shall be submitted electronically with a table of contents and tabbed section dividers. Phase I proposal sections should parallel the submission requirements identified herein.

2.4 Volume I for Phase I shall be submitted electronically in accordance with the Proposal Submission

Instructions in Section 00 21 00 of the solicitation and include the following information:

• Volume I – Factor I: Past Performance o Sub-factor 1: Prime Contractor o Sub-factor 2: A/E Designer of Record (DOR)

• Volume I – Factor II: Technical Approach

*NOTE: Failure to place the required submission information under the appropriate tab (factor or sub factor) may result in a lower rating if the evaluators cannot readily find the appropriate information. Any specified page limits will be strictly adhered to and enforced. Information submitted that exceeds the specified limit(s) will not be evaluated.

2.5 Volume II for Phase I shall be submitted electronically in accordance with the Proposal Submission Instructions in Section 00 21 00 of the solicitation and shall include the following information:

• Volume II – Tab A: Standard Form 1442

• Volume II – Tab B: Joint Venture Agreements

• Volume II – Tab C: Evidence of Ability to Obtain Bonding and Proof of Financial Ability

• Volume II – Tab D: Pre-Award Information

NOTE: Phase I does NOT involve pricing submission. Failure to place the required submission information under the appropriate tab (factor) may result in a lower rating if the evaluators cannot readily find the appropriate information.

3. Proposal Evaluation Process

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers, User/Customer, and other required personnel will evaluate the proposals. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence. Technical (Volume I) proposals will be reviewed and rated without knowledge of the price offered. The number and identities of offerors are not revealed to anyone not involved in the evaluation and award process or to other offerors.

Proposals will be evaluated based on the factors described herein, and the basis of award is a Best Value Trade-Off, as stated above.

3.2 The evaluation process for Phase I essentially consists of two parts: proposal compliance and responsibility review, and technical evaluation.

3.2.1 Proposal Compliance / Responsibility Review: This is an initial review to ensure that all required forms and certifications are complete and that the offeror is financially capable of sustaining performance under the contract and is able to obtain the required level of performance and payment bonds from an acceptable surety.

3.2.2 Technical Evaluation: The SSEB will evaluate and rate the Volume I proposals against the RFP requirements. Factor I – Past Performance will be rated using Tables 1 and 2 below. The rating will be based on overall confidence in performance (Table 2, below), with the final confidence assessment rating based on the extent of recent, relevant past experience (Table 1, below) and the quality of the offeror’s performance. Factor II – Technical Approach will be rated using Tables 3 and 4 below. The SSEB will assign an adjectival descriptor to the Technical Factors and corresponding Sub-factors (if any). The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, significant weakness, uncertainties, and deficiencies in determining technical ratings. Combined technical/risk evaluations shall utilize the combined technical/risk ratings (see Table 3) and risk descriptions (see Table 4) below.

4. Proposal Information and Related Evaluation Factors

4.1 Phase I proposals will be evaluated in accordance with the factors below, listed in relative order of importance. Offerors are reminded to include their best technical proposal in their initial offer. The initial offer and subsequent Government evaluation will be the basis for the Contracting Officer’s selection of up to the ten (10) most highly qualified offerors to continue on to Phase II of the procurement.

4.2 Volume I – Factor I: Past Performance 1st

Prime Contractor Equal to Design Firm Design Firm Equal to Prime Contractor

4.3 Volume I – Factor II: Technical Approach 2nd

4.4 Volume II – Pro Forma Information Not Rated

Tab A Standard Form 1442 Not Rated Tab B Joint Venture Agreement (if applicable) Not Rated Tab C Evidence of Ability to Obtain Bonding and Proof of

Financial Ability Not Rated

Tab D Pre-Award Information Not Rated

4.5 Ratings

Evaluators will apply the rating for the definition that most closely matches the evaluation.

Table 1

Past Performance Relevancy Ratings Rating Description

Very Relevant…