W912QR19R0038Specs_Vol1-0000.pdf

Solicitation For Multiple Award Task Order Contracts Service Disabled Veteran Owned U.S. Army Corps of Engineers Louisville District Mission Boundaries McAlpine Building Renovation Louisville, KY

Specifications - Volume 1 of 2

26 February 2020

W912QR19R0038

ARIMS: 200A

Disposition: Maintain for 15yrs after construction

W912QR19R0038Specs_Vol1-0000

IDIQ Design Bid Build Multiple Aw ard Task Order Contract (MATOC) for Construction Services for the Great Lakes and Ohio River Division Mission Boundaries. Each MATOC w ill consist of a 2-year base period w ith one option year.

NAICS Code 236220. Size determination: $39,500,000.

The available capacity for this MATOC pool is $45,000,000

This solicitation is 100% set-aside for Service Disabled Veteran Ow ned Small Businesses.

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, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

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

26-Feb-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 __________5 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Apr 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 _______90 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

02:00 PM (hour) Sealed envelopes containing offers

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

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

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

W912QR19R0038 82

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

Section SF 30 - Block 14 Continuation Page (SF 30)

ADDENDUM

1) SF330 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 if 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.

Section 00 10 00 - Solicitation

PRICE BREAKOUT SCHEDULE

00 10 00 PRICE BREAKOUT SCHEDULE/INSTRUCTIONS TO OFFERORS

Contract Line Item Schedule – Base MATOC

Item No. Description Quantity Unit Price

Base Years

0001 Project Manager per hour $________

0002 Superintendent per hour $________

0003 Construction Quality Control Manger per hour $________

0004 Site Safety Health Officer (SSHO) per hour $________

Option Year 1

0005 Project Manager per hour $________

0006 Superintendent per hour $________

0007 Construction Quality Control Manger per hour $________

0008 Site Safety Health Officer (SSHO) per hour $_________

FAR 52.217-8 Additional 6 Months

0009 Project Manager per hour $________

0010 Superintendent per hour $________

0011 Construction Quality Control Manger per hour $________

0012 Site Safety Health Officer (SSHO) per hour $_________

Notes:

*The Base Years (items 0001 through 0004) will cover two years from the date of award.

*Option Year One (items 0005 through 0008) will cover year three of the contract should it be exercised. Exercising this option will not add additional capacity to the contract. This option may be exercised within 30 calendar days from the completion of the base years.

*An additional 6 months (items 0009 through 0012) may be added to the contract following Option Year One should FAR 52.217-8 be exercised. No additional capacity will be added should this option be exercised.

*Qualifications for each of the disciplines may be found in Specifications Volume 1 of 2.

*Upon award, the binding rates proposed on this price breakout schedule will become the ceiling for the hourly rate of each discipline for the life of the MATOC Contract. The rates used on each subsequent task order may be no higher than the binding rates for each discipline provided above. Adherence to these rates will be reviewed through submittal of supporting documentation with each task order proposal, including the sample task order.

--End of Section--

PRICE BREAKOUT SCHEDULE SAMPLE

00 10 00

PRICE BREAKOUT SCHEDULE – SAMPLE PROJECT

Offeros Name:___________________________________________________________________________

CONTRACT LINE ITEM SCHEDULE

Line Item No. Description Unit Qty Amount

BASE

Construction: All work, materials, and labor required to renovate the building, except for the option items below.

Job 1

OPTIONS

0002 Option 1: Full Renovation of the Men’s and Women’s Restrooms Job 1 $________________

0003 Option 2: New Chiller and Upgraded Mechanical Work Job 1 $________________

0004 Option 3: Upgraded Lighting in Training Room Job 1 $________________

Total All Options: $_______________________

Total Base Plus All Options: $_______________________

NOTES FOR CONTRACT LINE ITEM SCHEDULE – SAMPLE PROJECT

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to bids are to be submitted on copies of the latest Contract Line Item Schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items including the options as shown on the Contract Line Item Schedule. Failure to do so may result in the bid being unacceptable.

NOTE NO. 3. The Contracting Officer may exercise the options (CLINS 0002-0004) within 30 days of notice to proceed.

NOTE NO. 4. If Option 2 (Line Item 0003) is exercised, the completion date will be 135 days from Notice to Proceed.

NOTE NO. 5. This is a sample project, and no task order will be issued on the basis of this sample. Rather, the sample project will be used to evaluate proposals for best value and award of the base MATOCs. Offerors shall use the sample project to demonstrate how they will handle task order proposals in the future.

Section 00 21 00 - Instructions

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 selfregister into system.

The Solicitation Number is: W912QR19R0038

The Bidder Inquiry Key is: 8P65YI-A7PWC8

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 SecretQuestion.

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.

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of 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 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 ten (10) calendar days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system within five (5) calendar days prior to the closing date stated in the solicitation.

AWARDING TASK ORDERS

This is an Indefinite Delivery, Indefinite Quantity type Contract (IDIQ) contract utilizing Firm-Fixed-Price task orders in accordance with FAR Subpart 16.5 for Design Bid Build, Construction, and Incidental Service Projects associated with the Great Lakes and Ohio River Division Mission Boundaries. This is a Multiple Award Task Order Contract (MATOC) Umbrella contract. This contract is set aside for Service Disabled Veteran Owned Small Business Contractors. The total combined contract capacity under the umbrella contract is valued at $45,000,000 over a two year base period from the date of award. This MATOC Umbrella Contract will also include one option year. Awards will be made as Firm-Fixed-Price Task Orders during the period of performance.

The minimum guarantee is $10,000 in services per contract for the base period only. There is no guaranteed minimum for the option period, if exercised.

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, chargeable to the following appropriation:

096 NA X X 4902 000 0000 CCS: NA H2 X 08 2437 NA 96152 3200 RF5910 NA 91KHD7

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. In general, award will be made on a “Best Value” basis as outlined in the individual task order; however the award could be made as low price.

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

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

2. Location/Proximity – Projects may be at any location in the Great Lakes and Ohio River Division Mission area. 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, including 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.

6. Customer Relations – During the course of the indefinite delivery contracts, working relationships develop between the Contractor and Corps’s customers. Which customer is to be served may influence the decision about which contract to use for a particular task order.

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, D.C. 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.

SCOPE

This work consists of design-bid-build construction, 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, paving, and civil works (flood damage reduction, such as channel improvements, bank stabilization, levees and floodwalls). Activities incidental to the construction includes 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).

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

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

OCT 2009

52.217-5 Evaluation Of Options JUL 1990 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I

MAY 2014

52.225-12 Alt I Notice of Buy American Requirement - Construction Materials Under Trade Trade Agreements (Feb 2009) - Alternate I

MAY 2014

52.225-12 Alt II Notice of Buy American Requirement--Construction Materials Under Trade Agreements (MAY 2014) Alternate II

JUN 2009

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 five (5) Indefinite Delivery Indefinite Quantity Multiple Award contracts for Firm Fixed Price Task Orders resulting from this solicitation.

(End of provision)

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

The Government may elect to award multiple task order contracts for the same or similar services to three to five sources under this solicitation.

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.

52.233-2 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, Louisville District Attn: Misty D. Bock 600 Dr. Martin Luther King Jr. Place

Room 821 Louisville, KY 40202

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – 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-- To be determined on a task order basis

(c) Participants will meet at-- To 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):

http://farsite.hill.af.mil/vmfara.htm OR https://www.acquisition.gov/browsefar

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

52.216-32 http://farsite.hill.af.mil/vmfara.htm https://www.acquisition.gov/browsefar

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 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 Phone: (202) 761-4707 Robert.J.Miceli@usace.army.mil

(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)

mailto:Robert.J.Miceli@usace.army.mil

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 12

SECTION 00 22 12

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select a target of five (5) contractors for a Design Bid Build (DBB) Firm

Fixed Price Multiple Award Task Order Contract (MATOC) Pool. The Government will select a minimum of 3 and a maximum of 5 contractors for this MATOC pool. The basis of award is the Best Value Trade- Off process. The Government will evaluate the proposals in accordance with the criteria described herein.

The Contracting Officer will award a firm fixed price Indefinite Delivery Indefinite Quantity contract to the responsible offerors whom the Contracting Officer determines conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Price will be evaluated 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.

1.2 This contract is to support to the Geographic Region within the boundaries of the Louisville District which encompasses the states of Ohio, Indiana, Illinois, Michigan, and Kentucky. It is the intent of the Louisville District to award one (1) Multiple Award Task Order Contract (MATOC) to up to five (5) contractors to establish a diverse pool of contractors to cover this region.

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 to the US Army Corps of Engineers, 600 Dr. Martin Luther King, Jr.

Place, Room 821, Louisville, KY 40202-2267 no later than the time and date specified in Block 13 of Standard Form 1442. Mark your proposal submission to the attention of Kelly Maxwell. NOTE: The Louisville District is in the Eastern Time Zone.

2.3 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 in binders with a table of contents and tabbed section dividers. The sections should parallel the submission requirements identified herein.

2.4 Volume I shall be submitted in a three-ring binder and include the following information:

• Volume I – Factor I: Past Performance

• Volume I – Factor II: Technical Approach o Sub factor A: Management Plan o Sub factor B: Schedule Narrative

*NOTE: The complete Volume I shall be submitted in original and five (5) paper copies and one (1) electronic copy on CD/DVD. The paper version of the proposal shall be used for evaluation and will control any conflicts or discrepancies between the two media. Offeror is responsible for ensuring the paper copy is consistent with the electronic copy of the proposal. 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 shall be submitted in a three-ring binder (placed in a separate envelope) and shall include the following information:

• Volume II – Tab A: Standard Form 1442 and Price Breakout Schedule

• 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: Volume II shall be submitted in original and one (1) electronic copy on CD/DVD. The paper version of the proposal shall be used for evaluation and will control any conflicts or discrepancies between the two media. Offeror is responsible for ensuring the paper copy is consistent with the electronic copy of the proposal. 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.

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 proposals (Volume I) 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 essentially consists of four parts: proposal compliance review and responsibility review, technical evaluation, price evaluation, and price/technical trade-off analysis.

3.2.1 Proposal Compliance/Responsibility Review: This is an initial review to ensure that all required forms and certifications are complete, that both a technical and price proposal were received, 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, with the final confidence assessment rating based on the extent of recent, relevant past experience and the quality of the offeror’s performance. Factor II – Technical Approach will be rated using Table 3 below.

3.2.3 Price Evaluation: The SSEB and Contracting Officer/SSA will evaluate price proposals independent of the technical evaluation. The SSEB will not have access to price information until completion of the technical evaluation.

3.2.4 Price/Technical Trade-off Analysis: After all above evaluations are complete, the Contracting Officer/SSA will compare the relative advantages and disadvantages of technical proposals and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the proposal offering the best value to the Government.

4. Proposal Information and Related Evaluation Factors.

4.1 Proposals will be evaluated in accordance with the factors and sub factors below, listed in relative order of importance. All non-priced factors combined are significantly more important than price. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

4.2 Volume I – Factor I – Past Performance 1st

4.3 Volume I – Factor II – Technical Approach 2nd

Sub factor A Management Plan 1st Sub factor B Schedule Narrative 2nd

4.5 Volume II - Price and Pro Forma Information (Sealed Envelope)

Tab A Standard Form 1442 and Price Breakout Schedule Not Rated

Tab B Joint Venture Agreement Not Rated

Tab C Evidence of Ability to Obtain Bonding and Not Rated Proof of Financial Ability

Tab D Pre-Award Information Not Rated

4.6 Ratings

Evaluators will apply the l 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.

4.7 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. Adverse past performance that must be addressed with Offerors includes unfavorable comments received from sources such as those received from respondents from past performance questionnaires or interviews that have not been finalized within a formal rating system.

5 Volume I – Factor I: Past Performance

5.1 Submission Requirements:

5.1.1 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 may be considered for evaluation purposes but may lessen the overall relevancy rating for that project. Projects are considered substantially complete 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 would 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 include new construction or renovation 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, and minor repair projects.

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

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

a) Demonstrated new construction/renovation experience with USACE

b) Demonstrated ICD 705 experience

c) Projects that contain both renovation and new construction will receive additional consideration.

d) Demonstrated experience in successfully completing projects in multi-state areas (at least 3 states) that are in the LRL Geographic area (KY, IL, IN, MI, and OH).

e) Projects completed in occupied space of with phasing requirements will receive additional consideration.

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 yet 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) Customer Primary Point of Contact and alternate POC (name, relationship to project, agency/firm affiliation, city, state, current and correct phone number, and current and correct email address)

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 from the reference. For each project, the offeror may provide information on problems encountered on the identified contracts and the offeror’s respective corrective action.

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 agreement. If more than one contractor is listed in Block 14, then a signed joint venture must be submitted with the proposal and the joint venture shall be registered as such in the System for Award Management (SAM). However, each party of the Joint Venture (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 three (3).

5.2 Evaluation Criteria:

5.2.1 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 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 Past Performance Information Retrieval System (PPIRS), including 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 and 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.

6 Volume I – Factor II: Technical Approach

6.1 Sub factor A: Management Plan:

6.1.1 Submission Requirements:

Provide a management plan narrative for the MATOC and the sample project that describes how your labor, resources, subcontractors, and material suppliers will be managed, supervised, coordinated, and used to ensure successful completion of the project. Additionally, the Management Plan shall include the following information for the MATOC and the sample project:

• Identify significant areas of risk and provide your plan for mitigating risk during contract performance.

• Describe your process for managing, coordinating, and tracking changes that arise during construction.

• Provide an organizational chart for this project showing home office support, on-site management, and the responsible chain of command. JV offerors must show the respective areas of responsibility for each partner. Clearly delineate on-site from off-site personnel on the organizational chart.

Provide your commissioning firm or specialist certifications and qualifications, years of experience, and information demonstrating experience with two projects of complexity similar to this project. Include an outline of systems to be commissioned, commissioning services or activities to be performed, and documents to be provided.

NOTE: There is a page limit of ten (10) 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 Management Plan sub factor.

6.1.2 Evaluation Criteria:

Management Plan narratives will be evaluated based on the level of understanding of the work and the involvement the contractor will have in the management, oversight, control, and coordination of the work performed during construction of the project. Narratives that demonstrate a clear understanding of the project requirements and provide a thorough approach for successfully managing the solicited project may be rated more favorably by the SSEB.

The offeror’s organizational chart will be evaluated based on the clarity, adequacy, capabilities, and strengths for successfully managing the solicited…