W912QR19R0011-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Solicitation Number W912QR19R0011 for the establishment of an Indefinite Delivery/Indefinite Quantity (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 the U.S. Army, U.S. Air Force, Army Reserve and Air Force Reserve nationw ide programs in the Western Region is hereby amended as follow s:

See Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

1 18

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912QR19R0011

X 9B. DATED (SEE ITEM 11)

24-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Aug-2020

CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912QR19R0011-0001

W912QR19R0011

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

SUMMARY OF CHANGES - AMDT 0001

a. Section 00 22 16 is revised to clarify submission requirements regarding Joint Venture Agreements.

b. FAR Provision 52.204-24 and FAR Clause 52.204-25 are hereby deleted and replaced in their entirety.

c. The due date and time for receipt of proposals remains unchanged.

d. All amendments must be acknowledged and submitted with the proposal.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

The following have been modified:

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 Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Table 2 Performance Confidence Assessments

Rating Description Substantial Confidence

Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will successfully perform the required effort.

Table 3 Technical / Risk Assessment Ratings

Adjectival Rating Description

Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Unacceptable Proposal does not meet the requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

Table 4

Technical Risk Description Adjectival Rating Description

Low Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance.

Normal contractor efforts and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Proposal contains a significant weakness or combination of weaknesses which Is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptable Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

4.6 Definitions

1. Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

2. Strength. An aspect of an offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

3. Significant Strength. An aspect of an offeror’s proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

4. Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See

FAR 15.001.

5. Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

6. Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake).

7. Clarification. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1).

8. Adverse Past Performance. Past performance information that supports a less than satisfactory rating on any evaluation.

5. Volume I – Factor I: Past Performance

5.1 Submission Requirements:

5.1.1 Prime Contractor:

Provide descriptions of up to five (5) projects substantially complete or completed by the Prime Contractor within the last five (5) years (from the solicitation issue date) that are similar to this project in size and scope. Projects completed more than five (5) years before the solicitation issue date will not be considered.

Projects are considered substantially complete at 95% completion, if enough work has been performed such that it demonstrates the ability to successfully complete all phases of the project. An Indefinite Delivery Indefinite Quantity (IDIQ) contract may be submitted only if a single task order could be considered similar to this project. Task orders may not be combined in order for the project to be considered similar.

5.1.2 Projects considered similar in size shall be a minimum of 5,000 square feet. This square footage may be a combination of multiple facilities, provided all work was completed under a single contract action.

5.1.3 Projects considered similar in scope to this project shall be Design/Build projects for renovation or new construction of warehouses, office/administrative spaces, research laboratories, vehicle maintenance facilities, storage facilities, hangars, infrastructure additions/improvements, Dining Facilities, Data Centers, Air Field Replacement, Secure Rooms, or minor repair projects.

NOTE: Design/Bid/Build projects may be submitted; however, they may be considered less relevant than Design/Build projects.

5.1.4 The prime contractor must have self-performed at least 15% of the cost of the contract, not including the cost of materials, with its own employees to be considered similar.

5.1.5 Additional consideration may be given for projects that contain the following features:

a) Projects that contain both renovation and new construction, within the same contract.

b) Design-build projects that are considered to be more complex designs such as office/administrative spaces, research laboratories, vehicle maintenance facilities, data centers, secure rooms, and major repair projects.

c) Established working relationship with the proposed designer on prior design/build projects

d) Renovation or new construction for USACE.

e) Demonstrated experience in successfully completing projects in identified Western Region.

5.1.6 The following information shall be provided for each project:

a) Project Title, Location, and Contract Number/Unique Identifier.

b) Current percentage of construction complete and the date it was or will be complete.

a. For projects that are not 95% complete, provide description of work remaining to be completed.

c) Scope of the project, to include purpose/use of facility.

d) Size of the project, differentiate square footage of new construction versus renovation if the project includes both.

e) Type and percentage of work that was self-performed.

f) Whether the project involved new construction, renovation, or both. Clearly delineate square footage for new construction and renovation.

g) Whether the project was completed as a Design/Build project in collaboration with the proposed DOR.

h) Whether the project was completed for USACE.

5.1.7 For this factor, also include any ratings, letters, awards, etc. that support past performance on these projects. Any of this information that is submitted shall clearly identify to which of the submitted projects it pertains. A sample Past Performance Questionnaire is attached for your convenience. If used, the Past Performance Questionnaire must be submitted by the offeror with the proposal submission and not sent directly to the agency by the reference. For each project, the offeror may provide information on problems encountered on the identified contracts and the offeror’s respective corrective action.

5.1.8 A/E Designer of Record (DOR):

Provide descriptions of up to three (3) projects that have been constructed (i.e., construction is substantially complete) within the last five (5) years (from the solicitation issue date) which are similar in size and scope (see paragraphs 5.1.2 and 5.1.3 above). Projects completed more than five (5) years before the solicitation issue date will not be considered. In order to be considered similar, the proposed A/E firm must have been the DOR on the submitted project. The listed design firm must be used on the project. No deviations will be permitted unless approved by the Contracting Officer. Identification of more than one (1) design firm will result in an evaluation based on the least qualified firm. Indicate any previous working relationship with the prime contractor.

5.1.9 Additional consideration may be given for the DOR projects that contain the following features:

a) Renovation or new construction for USACE

b) Demonstrated experience in successfully designing projects in identified Western Region.

c) Experience with Federal (e.g., DOD, NASA, USACE) Design/Build Criteria (i.e., AT/FP, UFC, Specs Intact).

NOTE: For purposes of evaluating past performance, the Prime Contractor is defined as the contractor identified in Block 14 of the Standard Form 1442. Projects performed by contractors other than the offeror, including, but not limited to, teaming partners, subcontractors, sister or parent companies, and affiliates will not be evaluated for past performance, unless those other contractors are part of a joint venture offeror as demonstrated by a signed joint venture (JV) agreement. If more than one contractor is listed in Block 14, then a signed JV agreement must be submitted with the proposal and the JV shall be registered as such in the System for Award Management (SAM). However, each party of the JV must submit their own Unique Entity Identifier Number (formerly known as DUNS) with the JV proposal. Projects performed by other contractors than the offeror, such as teaming partners or subcontractors, will not be evaluated for past performance, unless those other contractors are part of a JV offeror as demonstrated by a signed JV agreement. If the offeror represents the combining of two or more companies as a JV for the purpose of this RFP, each company in the JV may submit project examples, but the total submitted by the JV will not exceed five (5).

5.2 Evaluation Criteria:

5.2.1 For both the Prime and DOR, the SSEB will first evaluate the relevancy of recent past performance identified in the proposal in response to paragraph 5.1 above. By using the criteria identified above, the SSEB will determine how relevant a past project is when compared to the scope, size, and magnitude of effort and complexities of the solicited project. A relevancy rating will be assigned to each submitted project using the Past Performance Relevancy Ratings table above.

5.2.2 For both the Prime and DOR, the SSEB will next review how well the offeror performed on those projects.

The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The Government also reserves the right to not contact the provided references.

In addition to the information submitted by the offeror, the Government reserves the right to review any other sources of relevant information for evaluating past performance, including projects other than those submitted by the offeror. The Government will, at a minimum, review past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all CAGE/Unique Entity Identifier numbers. Other sources may include, but are not limited to, past performance information retrieved from inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

5.2.3 The SSEB will review all past performance information collected for both the Prime and DOR. The SSEB will determine the quality of the offeror’s performance, general trends, and usefulness of the information and incorporate this information into the performance confidence assessment. The SSEB will assign a final, overall Performance Confidence rating, using the ratings in the Performance Confidence Assessment table above, based on the SSEB’s assessment of (1) the degree of the offeror’s recent, relevant experience, and (2) how well the offeror performed that experience. NOTE: The Past Performance of both the Prime and A/E DOR will be weighted equally in the establishment of the overall Performance Confidence rating.

6. Volume I – Factor II: Technical Approach

6.1 Submission Requirements:

6.1.1 Provide a narrative that describes the offeror’s philosophy and intended corporate technical approach for executing the design-build contract per the detailed requirements herein. Clearly and concisely describe the offeror’s Design-Build team, and how members of the team will work collaboratively to ensure timely, quality completion of the project. The Technical Approach narrative shall address the information described in paragraphs 6.1.2 – 6.1.4 below.

6.1.2 Roles and Responsibilities: Describe the roles and responsibilities of the offeror’s Design-Build team and how their resources will be utilized in order to deliver this design-build contract. Describe the proposed management structure for the Design-Build team (i.e., key members), explaining how the design and construction process will be managed throughout the entirety of the project life cycle (e.g., Design, Construction, Close-out).

6.1.3 Communication Plan: Describe interactions and communications both within the Design-Build team and with the Corps of Engineers throughout the entirety of the project life cycle and the base MATOC life-cycle.

6.1.4 Quality Control: Describe the Design-Build team’s quality control approach, corporate systems, and capabilities to maintain quality control of the design and construction.

• Provide specific information on how you will manage and track changes/revisions both during the design phase and construction phase of the project.

NOTE: There is a page limit of eight (8) single-sided, 8.5” x 11” pages, using a minimum font size of 11 and a minimum margin of one-half inch on all sides, for the Technical Approach.

6.2 Evaluation Criteria:

6.2.1 The Government will evaluate the strengths, weaknesses, and any deficiencies in the proposal. The

Government will evaluate the offeror’s understanding of the USACE Design/Build process and how well it has demonstrated its ability to successfully execute design-build projects. Offerors are encouraged to tailor their proposal to demonstrate their approach for successfully completing the sample Design/Build project.

The Government will evaluate the offeror’s understanding of the design process and the roles of the designers of record, construction firm, and the Government reviewers. The evaluation will be based on how well the offeror demonstrates their organizational (i.e. the structure and staffing) ability to execute design/build projects, to include the integration of the design and construction firms during design and construction. Proposals demonstrating that construction personnel will be actively involved in the design process may be viewed more favorably by the SSEB. The Government will evaluate the role of the designer in maintaining design integrity throughout the process, including its key roles during construction.

The Government will evaluate the offeror’s capabilities and understanding of the contractually required quality control processes for both design and construction, as well as the strength of the offeror’s proposed approach to control and track revisions to the design. The Government places value upon continued participation by the designers of record during the construction quality control process.

7. Volume II – Pro Forma Information

7.1 Tab A - Standard Form 1442.

7.1.1 Submission Requirements:

The offeror shall complete and submit Standard Form 1442.

7.1.2 Evaluation Criteria:

The Standard Form 1442 will not be rated. The form will be reviewed to determine if required information is provided, amendments are acknowledged, and the offer signed.

NOTE: Phase I does NOT involve pricing submission.

7.2 Tab B – Joint Venture Agreements

7.2.1 Submission Requirements:

If more than one contractor is listed in Block 14, or the offeror listed in Block 14 is a joint venture (JV), the offeror shall be registered in the System for Award Management (SAM) as a legal entity separate from the individual joint venture members. However, each member of the JV must submit its own Unique Entity Identifier (formally DUNS number) with the proposal. A copy of the offeror's signed joint venture agreement shall be submitted with the proposal.

In addition to the joint venture agreement, small business offerors submitting a proposal as a Mentor- Protégé JV under the SBA 8(a) or All Small Business Mentor-Protégé programs shall submit a copy of their SBA-approved Mentor-Protégé agreement.

7.2.2 Evaluation Criteria:

This information will be used for the purpose of completing the Pre-Award Survey and will not be rated.

Small business joint venture agreements must comply with the relevant regulations in Title 13 of the Code of Federal Regulations in order for an offeror to be eligible for any small business set-aside acquisitions and/or small business-related price preference.

7.3 Tab C – Evidence of Ability to Obtain Bonding and Proof of Financial Ability

7.3.1 Submission Requirements:

A. Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address, and telephone number of offeror's banking institution. If the offeror is a joint venture, submit this information for all joint venture members.

B. Bonding Capability. Submit information showing offeror's ability to be bonded for this project. Include the name, address, and telephone number of the offeror's bonding company.

7.3.2 Evaluation Criteria:

This information will be used for the purpose of completing the Pre-Award Survey and will not be rated.

See FAR Part 28 for information related to bonds.

If the offeror is a joint venture, submit this information for all joint venture members.

7.4 Tab D – Pre-Award Information

7.4.1 Submission Requirements:

A. The offeror shall submit one completed copy of Section 00 45 00, Representations and Certification.

B. The offeror shall submit the following information:

a) Number of years the firm has been in business.

b) Name, address, and telephone numbers of two credit/trade references.

c) A list of present commitments, including the dollar value.

7.4.2 Evaluation Criteria:

This information will be used for the purpose of completing the Pre-Award Survey and will not be rated.

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE

AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE

COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE

THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. THE

GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS

FORM.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the Contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the Contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the Contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that Contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the Contractor has not yet identified corrective actions. The Contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal rating is appropriate when a significant event occurred from which the Contractor had trouble overcoming and that impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the Contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred from which the contractor had trouble overcoming and that impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an Unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract

Rating will be neither positive nor negative.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING THAT BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports; efforts to keep lines of communication open)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution, and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage, and control the program)

E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability, or other factors that benefited the client

E VG S M U N

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance

E VG S M U N

with established budgets, and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes No

e) If a Government contract, has it been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues?

(Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements. E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying the COR, PM, or Contracting Officer in a timely manner regarding urgent contractual issues).

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this Contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments that may assist our office in evaluating performance risk (please attach additional pages if necessary).

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been added by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

The following have been deleted:

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

(End of Summary of Changes)

00 45 00