W912QR23R0048 DRAFT RFP.pdf

Indefinite Delivery Indefinite Quanity (IDIQ) Design Build and Design Bid Build Multiple Aw ard Task Order Contract (MATOC) to support construction requirements for the Energy Resilience and Conservation Investment Program (ERCIP) nationw ide.

The available capacity for this MATOC is $2,000,000,000.00.

Each MATOC aw ard w ill consist of a three (3) year base period and seven (7) one (1) year option periods for a total of ten years.

NAICS Code 237130. Size standards $45,000,000.00.

This procurement is competed as full and open competition w ith a target four (4) small business reserve.

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

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

WILLIAM B GEVEDON 502.315.6791

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

29-Mar-2024

(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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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, 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 _______ 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

(hour) Sealed envelopes containing offers

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

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

FAX:TEL: 502.315.7494 TEL: FAX:

W912QR23R0048 99

DRAFT

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 (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.

Section 00 00 00 - Procurement and Contracting Requirements

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/Build, Design/Bid/Build, Construction, and Incidental Service Projects within the United States, including the Commonwealth of Puerto Rico. This is a Multiple Award Task Order Contract (MATOC) Umbrella contract. This contract will be awarded under Full and Open Competition.

The total combined contract capacity under the MATOC is valued at $2,000,000,000 with an ordering period of ten (10) years. This ten-year ordering period consists of a three-year base period and seven, one-year options. Task order awards under this MATOC will be Firm-Fixed- Price.

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

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

ORDERS.

More than one contract is being awarded for the same construction services under this solicitation. Requirements will be reviewed for technical complexity by the Government and may be set aside for the Small Business Reserve firms within the MATOC pool. In accordance with FAR 16.505 (b)(1)(i), projects which the Government determine unsuitable for competetive set aside within the Small Business Reserve may open up requirements to full competition within the MATOC pool as determined on a project basis. Small Business firms will be afforded a fair opportunity to be considered for all requirements.

The basis for award of each task order will be determined on an individual basis. Each task order RFP will outline the basis for award. At a minimum, evaluations will include price and technical acceptability. Evaluation may include additional criteria as determined on a project-by-project basis.

ON/OFF RAMPING PROCEDURES

The government intends to utilize an “On and Off Ramp” concept in order to maintain a sufficient pool of contract awardees.

The total number of Contractors within the MATOC pool may fluctuate due to any number of reasons including, but not limited to, competition levels on task orders, mergers & acquisitions; and the Government’s exercise of the on and off-ramp process. It is in the Government’s best interest that there remain an adequate number of Contractors eligible to compete for task orders to meet the Government’s mission requirements.

A. On-Ramping.

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

B. Procedures for On-Ramping.

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

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

2. The determination of the use of seed or sample projects will be made at time of acquisition planning for the open season.

The projects utilized will be representative of the projects that will be advertised under the MATOC.

3. The solicitation identifies the total anticipated number of new contracts the Government intends to award.

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

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

6. The minimum guarantee will be $10,000 in construction for each new contract award.

7. The terms and conditions of any resulting awards are materially identical to the original contracts.

8. The period of performance for any new awards is coterminous with the existing term for all other Contractors, and the overall number of Contractors under the MATOC will not exceed 12 at any time.

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

C. Off-Ramping.

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

1. Permitting the Contractor’s Contract term to expire by not exercising an option. Reasons that the Government may elect to allow a contractor’s term to expire include, but are not limited to, unsatisfactory performance on task orders under the MATOC or failure to regularly submit proposals in response to Requests for Proposals issued under the MATOC.

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

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

4. Failure to respond to seventy-five percent (75%) or more of Requests for Proposal for which the firm is eligible. Responses of

‘No proposal forthcoming’ will be considered an acceptable response, but should include sufficient rationale to explain the contractor’s decision.

SCOPE

This work consists of construction (design-build or design-bid-build), repair, and items incidental to the completion of construction and repair projects. The scope includes both the construction of new, as well as the repair, replacement, and modification of existing, electrical and water infrastructure at Department of Defense facilities within the United States, including the Commonwealth of Puerto Rico. Electrical infrastructure projects include components such as fossil fuel electrical power generation and cogeneration; solar photovoltaic (PV) power generation; power distribution, switching, and protective devices; and microgrid communications and control systems. Water infrastructure projects include components such as water distribution lines, water purification systems, water storage tanks, and smart water grids. Work may also include activities incidental to the items above such as minor building construction, building/facilities demolition and debris removal, utility installation/replacement, equipment upgrades, landscaping, geotechnical work, security systems, testing, commissioning, and abatement of materials of environmental concern (e.g. materials containing lead, asbestos, PCBs or HTRW).

Section 00 10 00 - Solicitation

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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 self register into system. The Solicitation Number is: W912QR23R0048 The Bidder Inquiry Key is: ZVNR52-J4TX6K

Specific Instructions for ProjNet Bid Inquiry Access:

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

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

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

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

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

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone.

Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

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

Specific Instructions for Future ProjNet Bid Inquiry Access:

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

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

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

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

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

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

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

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

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

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

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

428-HELP.

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.

http://www.projnet.org/ProjNet

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.207-6 Solicitation of Offers from Small Business Concerns and

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

DEC 2022

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

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

Controls

OCT 2016

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

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a no fewer than three (3) and a target of twelve (12) Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) resulting from this solicitation.

(End of provision)

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

The Government may elect to award 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 two or more 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.

Richard L. Jenkins Task and Delivery Order Ombudsman 7701 Telegraph Road Alexandria, VA 22315-1000

Phone: (202) 761-1000

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

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

(End of clause)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY 2014)

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

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

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

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

(End of provision)

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

FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

To Be Determined on a Task Order Basis

6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

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

(MAY 2014)

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

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

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

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

AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers Attn: Michael Hutchens, Contracting Officer 600 Dr. Martin Luther King Jr. Place Room 821 Louisville, KY 40220

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

Contact information of any site visit point of contact will be determined on a Task Order Basis (identified in the Section 00 75 00 issued with the Task Order Request for Proposal).

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

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

(b) An organized site visit has been scheduled for-- If required, site visit information will be determined on a task order basis.

(c) Participants will meet at-- If required, site visit information will be determined on a task order basis.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

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

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 16 - PHASE 1

PROCEDURES FOR SUBMITTAL AND EVALUATION OF OFFERS FOR PHASE ONE

1. OVERVIEW.

1.1. The intent of this solicitation is to award a target of twelve (12) Firm Fixed Price Multiple Award Task Order Contracts (MATOCs) comprised of a target of eight (8) Unrestricted firms and a target of four (4) Small Business Reserve firms for Design-Bid-Build and Design-Build Construction, Repair and Incidental Services supporting the Energy Resilience and Conservation Investment Program (ERCIP) at any location in the Continental United States of America and the Commonwealth of Puerto Rico.

1.2 This is a two-phase procurement in accordance with Federal Acquisition Regulation (FAR) 36.3, and the basis of award is the Best Value Trade-Off Process. Offerors are invited to submit the information described in this Section 00 22 16, Procedures for Submittal and Evaluation of Offers for Phase I, for review and evaluation by the Government. Following completion of the Phase I evaluation, up to a maximum of eighteen (18) most highly qualified offerors will be selected to participate in Phase II, inclusive of Unrestricted and Small Business Reserve offerors. The selected offerors for Phase II will be invited to submit the information described in Section 00 22 18, Procedures for Submittal and Evaluation of Offers for Phase II, for review and evaluation by the Government. Price will be evaluated in Phase II through the use of a sample project and binding contract rates. No seed task order will be awarded as a result of this solicitation.

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 evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's capability for successful performance. Proposals shall follow the 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 one (1) electronic copy of their offer via the Procurement Integrated Enterprise

Environment (PIEE) Solicitation Module before the time and date specified in Block 13 of this SF 1442.

Mark your proposal submission to the attention of Blake Gevedon. NOTE: The Louisville District is in the Eastern Time Zone.

2.3 The Government is using a two-phase procurement approach for this design-build/design-bid-build

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.

2.4 All proposal materials shall be submitted electronically with a table of contents and clearly marked sections.

• Volume I – Factor I: Past Performance o Prime Contractor o A-E Designer of Record

• Volume I – Factor II: Technical Approach

NOTE: Volume I shall be submitted as one (1) electronic copy via the PIEE Solicitation Module before the proposal due date and time as identified in the solicitation. Failure to place the required submission information under the appropriate 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 shall be submitted as one (1) electronic copy via the PIEE Solicitation Module before the proposal due date and time as identified in the solicitation. Failure to place the required submission information under the appropriate tab may result in a lower rating if the evaluators cannot readily find the appropriate information. Volume II for Phase I shall include the following information:

• Volume II – Tab A: Standard Form 1442

• Volume II – Tab B: Joint Venture Agreements

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

• Volume II – Tab D: Pre-Award Information

NOTE: Phase I does NOT involve pricing submission.

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. 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 consists of two parts: proposal compliance review and initial responsibility determination, and past performance/technical evaluation.

3.2.1 Proposal Compliance Review and Initial Responsibility Determination: 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 using the ratings in Tables 1 and 2 below. Factor II – Technical Approach will be rated using an adjectival system (Table 3) that applies the technical risk descriptions (Table 4). A single overall Technical/Risk rating will be assigned for this factor. Separate technical risk ratings will not be assigned. The Contracting Officer / Source Selection Authority (SSA) will select up to a maximum of eighteen (18) most highly qualified offerors to continue on to Phase II, inclusive of Unrestricted and Small Business Reserve offerors. The rating information for Phase I will not be considered in Phase II or in the final selection.

Phase I Proposal Information and Related Evaluation Factors

4.1 Phase I proposals will be evaluated in accordance with the factors below, listed in descending order of importance. Offerors are reminded to include their best technical approach in their initial offer and not to assume that they will have an opportunity to participate in discussions to revise their 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 Most Important Factor

• Prime Contractor Equal to A/E

• A/E Designer of Record Equal to Prime

4.3 Volume I – Factor II: Technical Approach 2nd Most Important Factor

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 Assessment

Ratings 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

Combined Technical/Risk 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.

TABLE 4

Technical Risk Rating Method

Adjectival Rating Description Low Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

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

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

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

4.6 Definitions:

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

2. Strength. An aspect of an offerors’ 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 offerors’ 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 respondents from past performance questionnaires or interviews that have not been finalized within a formal rating system.

5 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 seven (7) years (from the solicitation issue date) that are similar in size, scope, and complexity. Projects completed more than seven (7) years before the date of solicitation issuance will not be considered recent and will not be further evaluated. 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. Individual projects completed as part of 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 The following information shall be provided for each project:

5.1.2.1 Project Title, Contract Number, and Location.

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

5.1.2.2.1 For projects that are not yet complete, provide description of work remaining to be completed.

5.1.2.3 Scope of the project, to include major electrical infrastructure and/or water infrastructure…