W912QR20R0014-0000.pdf

Solicitation For

Louisville District Operations

HUBZONE

Multiple Award Task Order Contracts U.S. Army Corps of Engineers Great Lakes and Ohio River Division Mission Boundaries

Specifications Volume 1 of 2

11 March 2020

W912QR20R0014

ARIMS: 200A

Disposition: Maintain for 15yrs after construction

W912QR20R0014-0000

IDIQ Design/Build Multiple Award Task Order Contract (MATOC) to provide Construction Services for Operations and Maintenance (O&M) for Civil and Military Projects within the Great Lakes and Ohio River Division Mission Boundaries.

Total combined not to exceed capacity for the MATOC is $45,000,000.

NAICS Code 236220. Size determination: $39,500,000. Please note that business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM the business will be considered other than a small business.

THIS PROJECT IS SET ASIDE FOR THE SMALL BUSINESS HUBZONE PROGRAM. Offers will only be accepted from those f irms registered in the SBA HUBZone program. See https://eweb1.sba.gov/. Also see Section 00 70 00 FAR 52.219-3 (Dev).

Central Contractor Registration and ORCA are now available through the System for Award Management (SAM), available at www.sam.gov.

Offerors must comply with 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.

TRAVIS I DUNN 502.315.7406

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

11-Mar-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 _________________________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 __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________10 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

01:00 PM (hour) Sealed envelopes containing offers

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

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

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

W912QR20R0014 79

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912QR20R0014

Section 00 21 00 - Instructions

SPECIAL INSTRUCTIONS

The intent of this solicitation is to award up to seven (7) firm-fixed-price Indefinite Delivery Indefinite Quantity (IDIQ) contracts in accordance with FAR Subpart 16.5 that will make up the Multiple Award Task Order Contract (MATOC) umbrella for Design/Build (D/B) and Design/Bid/Build (D/B/B) Construction Services for Operations and Maintenance (O&M) and Military Activities for Civil and Military Construction Projects primarily within the Great Lakes and Ohio River Division Mission Boundaries. This will be a two (2) phase procurement.

This solicitation is set-aside for HUBZone Small Business Contractors.

The total combined capacity for the MATOC is valued at $45,000,000.

The MATOC will have a three (3) year base ordering period from the date of award and will also include a single two (2) year option ordering period. Any awards made during the ordering period(s) will be issued as firm-fixed-price task orders.

The minimum guarantee is $5,000 in Construction Services per IDIQ 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 Five Thousand and No/100 Dollars ($5,000.00) in Construction Services, chargeable to the following appropriation:

096 NA X X 4902 000 0000 CCS: NA H2 X 08 2437 NA 96152 2540 RF5910 NA 2BFK33

As more than one (1) IDIQ contract is being awarded for the same Construction 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 may be distributed to assure the guaranteed minimums are met.

2. Location/Proximity – Projects may be at any location within 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.

If the contractor believes it was not fairly considered for a particular task order, the contractor may present the matter to the Contracting Officer. The contractor may appeal the explanation or decision of the Contracting Officer to the USACE Ombudsman at the following address: COL. Robert J. Miceli, Deputy Director of Contracting, U.S. Army Corps of Engineers, 441 G Street NW, Washington, DC 20314-1000.

The ombudsman will review the contractor’s complaint, and in coordination with the Contracting Officer ensure that the contractor was afforded a fair opportunity to be considered for the task order.

General Scope of MATOC:

This work consists of construction (Design/Build or Design/Bid/Build) as well as items incidental to the completion of the construction. The scope includes new building construction, building or building systems renovation, structural repairs, site work, paving, and civil works (flood damage reduction, such as channel improvements, bank stabilization, levees and floodwalls). Activities incidental to the construction include, for example, 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, Polychlorinated Biphenyls (PCBs) or Hazardous, Toxic, and Radioactive Waste (HTRW)).

- Construction Wage Rate Requirements (Formerly Davis Bacon) will be determined on a task order basis.

- Antiterrorism/Operational Security requirements will be determined on a task order basis.

Notes regarding Standard Form (SF) 1442 for this solicitation and the subesquently awarded IDIQ contracts:

1) SF1442 Block 11 – The period of performance will be determined on a task order basis.

2) SF1442 Block 12 – The requirement for performance and payment bonds will be determined on a task order basis. PERFORMANCE AND PAYMENT BONDS ARE ONLY APPLICABLE TO THE EXTENT

INDICATED ON INDIVIDUAL TASK ORDERS.

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

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

NOTE: PAGE NUMBERING IN THIS DOCUMENT MAY NOT BE ACCURATE.

BIDDER INQUIRY

OFFEROR'S QUESTIONS AND COMMENTS

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

Offerors shall submit their proposals in accordance with the provisions stated in the solicitation. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

Solicitation: W912QR20R0014

Project: (FY20 OPSMATOC) FY20 Operations HUBZone MATOC Review: RFP Phase I

Bidder Inquiry Key: HSHBPW-MZ57YQ

Specific Instructions for ProjNet Bidder 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 Bidder Inquiry Access:

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

Question and Secret Answer to log in.

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

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

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

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

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

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

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

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

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

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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.

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.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.207-6 Solicitation of Offers from Small Business Concerns and

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

OCT 2016

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

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.236-28 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 up to seven (7) Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed- Price contracts resulting from this solicitation.

(End of provision)

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

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

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

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

COL. Robert J. Miceli, Deputy Director of Contracting

U.S. Army Corps of Engineers 441 G Street NW Washington DC 20314-1000 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)

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.

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

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

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

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

To be determined on a task order basis

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is to be determined on a task order basis.

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

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

TRADE AGREEMENTS (MAY 2014)

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

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

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

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

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

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

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

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

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: Aaron L. Sanford Room 821 600 Dr. Martin Luther King Jr. Place 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)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

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

To be determined on a task order basis.

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):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/

W912QR20R0014-0000

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/

Section 00 22 16 - Supplementary Instructions to Proposers

SECTION 00 22 16 - PHASE I

PROCEDURES FOR SUBMITTAL AND EVALUATION OF OFFERS FOR PHASE ONE

1.0 OVERVIEW.

1.1 The intent of this solicitation is to select up to seven (7) contractors for a firm-fixed-price Multiple Award

Task Order Contract (MATOC) for primarily Design/Bid/Build (D/B/B) and Design/Build (D/B) Construction Activities for the Great Lakes and Ohio River Division Mission Boundaries.

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 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 MATOC contracts will be awarded.

2.0 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 offerors 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 Travis Dunn. NOTE: The Louisville District is in the Eastern Time Zone.

2.3 The Government is using a two-phase procurement approach for D/B/B or D/B Indefinite Delivery

Indefinite Quantity (IDIQ) MATOC contract. 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 in binders with a table of contents and tabbed section dividers. Phase I proposal sections should parallel the submission requirements identified herein.

2.4 Volume I – Factor I: Past Performance

• Prime Contractor

• A-E Designer of Record

Volume I – Factor II: Technical Approach

NOTE: Volume I shall be submitted in original and four (4) paper copies and one (1) electronic copy on CD. The paper version of the proposal shall be used for evaluation and will control any conflicts or discrepancies between the two media. The 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 which exceeds the specified limit will not be evaluated.

2.5 Volume II for Phase I shall be submitted in a Three-Ring binder (placed in a separate envelope) and 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. Volume II shall be submitted in original and one (1) electronic copy on CD. The paper version of the proposal shall be used for evaluation and will control any conflicts or discrepancies between the two media. The 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.

3.0 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. The number and identities of offerors will not be revealed to anyone who is 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.

3.2 The evaluation process for Phase I essentially consists of two parts: (1) proposal compliance review and responsibility determination; and (2) past performance/technical evaluation.

3.2.1 Proposal Compliance 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 Past Performance / Technical Evaluation: The SSEB will evaluate and rate the proposals against the RFP requirements. Factor I – Past Performance will be rated based on overall confidence in performance (using Table 2, below), with the final confidence assessment rating based on the extent of recent, relevant past experience (using Table I, below), and the quality of the offeror’s performance on that experience. Factor II – Technical Approach will be rated using an adjectival-based system (using Table 3, below). The Contracting Officer / Source Selection Authority will select up to a maximum of ten (10) most highly qualified offerors to continue on to Phase II.

4.0 Phase I 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 approach in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of a conforming proposal without discussions, if deemed to be within the best interest of the Government.

4.2 Volume I – Factor I: Past Performance 1st

• Prime Contractor Equal to A/E

• A/E Designer of Record Equal to Prime

4.3 Volume I – Factor II: Technical Approach 2nd

4.4 Volume II – Pro Forma Information

Tab A Standard Form 1442 Not Rated

Tab B Joint Venture Agreements Not Rated

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

Tab D Pre-Award Information Not Rated

4.5 Ratings: Evaluators will apply the adjectival 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 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 requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is unawardable.

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. 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.

5.0 Phase I – Volume I – Factor I - Past Performance

5.1 Submission Requirements:

Prime Contractor

5.1.1 Provide descriptions of up to (5) five projects substantially complete or completed by the prime contractor within the last 5 years (from the solicitation issue date) that are similar in size and scope. Projects completed more than 5 years before issue of solicitation 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 To be considered similar in size, projects must include a minimum of 1,500 square feet of either horizontal or vertical new construction or renovation and must have a minimum construction value of $500,000.

5.1.3 Projects considered similar in scope shall be horizontal or vertical new construction or renovation D/B or D/B/B projects and must demonstrate work covering multi-engineering disciplines (architectural, mechanical, structural, civil, and/or electrical) to be considered similar. Additionally, at least one project shall demonstrate renovation or new construction that has a minimum of 1,500 square feet. Similar projects include but are not limited to new building construction, building renovation, all types of building/facilities demolition, building debris type removal, structural repairs, site work, utility installation/replacement, paving, civil works (flood damage reduction, such as channel improvements, bank stabilization, levees, and floodwalls), industrial repairs, equipment upgrades, landscaping, geotechnical work, instrumentation, architectural, security systems, lead paint, PCB, HTRW, and asbestos abatement and design associated with all of the various aforementioned tasks.

If D/B/B projects are submitted, please note they may be considered less relevant than D/B projects given the lesser degree of overall complexity of D/B/B projects.

5.1.4 The prime contractor must have self-performed at least 15% of the cost of the contract, and this percentage of work shall consist of direct contract labor (including testing and layout personnel), exclusive of material, equipment, or subcontractors to be considered similar.

5.1.5 Additional consideration may be given for the following:

a) Projects that contain both renovation and new construction.

b) Design/Build projects that are considered more complex, i.e., those that include all five (5) multi-engineering disciplines (architectural, mechanical, structural, civil, and electrical).

c) Previous successful working relationships between the prime contractor and design firm for this solicitation.

d) Renovation or new construction for USACE.

e) 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).

f) Projects that involve Flood Risk Reduction Dams, Navigation Locks and Dams, or Levee structures.

5.1.6 The following information shall be provided for each project:

a) Project Title, Contract Number, and Location.

b) Current percentage of construction complete and when it was or will be completed.

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) Whether the project was Design/Build (include the name of the Designer of Record (DOR)) or Design/Build/Build.

g) 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)

NOTE: The inclusion of a callout box or graphic merely indicating a risk without a supplemental narrative will not be deemed sufficiently detailed to trigger consideration as a strength.

NOTE: Each project description shall not exceed one (1) page (front and back) including all narratives and pictures. Any information provided beyond the one (1) page (front and back) limit for the project description will not be considered.

5.1.7 For this factor, also include any ratings,…