W912QR23R0048_PH1_Specs-0000.pdf

Solicitation For Indefinite Delivery Indefinite Quantity (IDIQ) Design Build and Design Bid Build Multiple Award Task Order Contract (MATOC) to support construction requirements for the Energy Resilience and Conservation Investment Program (ERCIP) Nationwide.

P2: 510194

Design-Bid-Build/Design-Build

Specifications - Volume 1 Phase 1 Submittal

23 August 2024

W912QR23R0048

ARIMS: 200A Disposition: Maintain for 15 yrs after construction.

W912QR23R0048_PH1_Specs-0000

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.

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 w ill be considered other than a Small Business.

PLEASE SEE SF 1442 CONTINUATION PAGE FOR FURTHER INFORMATION

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

23-Aug-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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Oct 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: 502.315.7494 TEL: FAX:

W912QR23R0048 69

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 00 00 00 - Procurement and Contracting Requirements

AWARDING TASK ORDERS

This is an Indefinite Delivery, Indefinite Quantity (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.

The minimum guarantee is $10,000 total for the contract duration including any exercised option periods.

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

ORDERS.

ORDERING PROCEDURES

All MATOC Contractors will be given a fair opportunity to offer on Task Orders over the micro-purchase threshold (FAR 16.505(b)(1)) unless one of the FAR 16.505(b)(2)(i) exceptions apply.

If the order does not exceed the simplified acquisition threshold, the contracting officer need not contact each of the multiple awardees under contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in part 6 and the policies in subpart 15.3 do not apply to the ordering process.

More than one contract is being awarded for the same construction services under this solicitation. Individual task order 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.

When a task order solicitation (Task Order Request for Proposal (TORP)) is issued, the Government intends to select the most advantageous and responsible offer price and other factors considered. The Contracting Officer, in making decisions for award of any individual Task Order, will consider factors such as past performance on earlier Task Orders under the MATOC, quality, timeliness, or other factors that the Contracting Officer determines to be relevant in awarding a particular Task Order. Award factors will vary depending on the unique requirements for each Task Order; however, pricing will always be a consideration.

The Government reserves the right to award Task Orders using the following evaluation criteria:

1. Price only

2. Price and Non-Price factors

All task orders under this contract will be placed using the procedures under FAR 16.505 - Ordering. Specific requirements will be provided in the task order solicitation package.

1. When the Government has a new requirement, a solicitation will be issued. The solicitation shall include information concerning the statement of work, guide specifications, drawings, attachments, site visit information, and any other requirements for submissions (e.g., proposal requirements, price schedule, etc.). The solicitation will also include any applicable clauses required for execution of the project.

2. The contractor’s attendance at site visits is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers and may be taken into consideration in determining merit during requests for equitable adjustments, claims, and any other post award issues. The Contractor will not be reimbursed for attendance during negotiation, site visits, proposal preparation or other pre-Task Order award costs. The Contracting Officer reserves the right to make attendance at site visits mandatory for specific Task Orders.

3. The contractor shall respond within the number of calendar days or by the specific date stated in the solicitation by submitting a proposal to the Contracting Officer in accordance with requirements stated in the solicitation. Due date extensions may be granted if requested. The Government reserves the right to cancel the solicitation and pursue alternative methods to complete the work. Failure to propose on a requirement, may negatively affect a Contractor’s performance evaluation for this contract.

4. The Contractor shall provide a proposal including supporting documentation which verifies compliance with applicable Schedule A rates contained in the base contract.

5. Award factors will vary depending on the unique requirements for each Task Order; however, pricing will be a consideration. The Contracting Officer, in making decisions in award of any individual Task Order, may consider additional factors such as past performance on earlier Task Orders under this IDIQ, quality, timeliness, or other factors that the Contracting Officer determines to be relevant in awarding a particular Task Order.

6. Depending upon the requirements of each task order, the Contractor will provide one of the following in response to the solicitation:

(a) lump sum price, (b) a price for each line item in the Schedule (when optional items are used), or (c) technical proposal in one package and the price proposal in a separate package.

7. Task Order proposals will either be accepted as is or negotiated to the mutual agreement of both the Government and the Contractor.

Whenever possible, award will be made without discussions/interchanges. If discussions are held, MATOC Contractor(s) may be requested to provide a final proposal revision. Task Order award will be made based on the basis for award as described in the TORP. Upon conclusion of satisfactory negotiations (if required), a Task Order will be issued by the Contracting Officer reflecting the negotiated order price and any other negotiated terms and conditions. In any instance where there is failure to reach agreement, the Government reserves the right to withdraw the project and have it completed by other means.

8. Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile, or electronic commerce. The Task Order becomes binding when the Contracting Officer signs the Order.

SOLE SOURCE

When it is necessary to negotiate with one firm on a sole-source basis, the Contractor shall provide competitive quotes to establish a fair and reasonable price which shall be negotiated and incorporated into Task Orders.

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.

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 Contiguous United States (CONUS) and 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

SF 1442 CONTINUATION PAGE

1) This procurement is competed as full and open competition with 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 four (4) small business reserve.

2) Contractors must register and complete the representation and certification requirements in the System for Award Management

(SAM) database, available at https://sam.gov. PLEASE ensure your annual SAM registration is current. Offerors must comply with the requirements of 52.204-7, 52.204-8, 52.232-33, and any other representation and certification requirements in this solicitation through SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users.

3) In accordance with Federal Acquisition Regulation 19.1307, this project requires the HUBZone 10% price evaluation preference.

4) SF1442 Block 11 – The Period of Performance will be determined on a task order basis.

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

6) 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.

7) 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 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.

http://www.projnet.org/ProjNet

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 AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.217-5 Evaluation Of Options JUL 1990 52.232-27 Prompt Payment for Construction Contracts JAN 2017 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7012 Requirements for Submission of Proposals via Electronic Media.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) resulting from this solicitation.

(End of provision)

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

The Government intends to award a target of twelve (12) Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) multiple task order contracts for the same or similar supplies or services to two (2) 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)

52.225-10 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 REQUIREMENT-- CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAY 2014) ALTERNATE II (NOV 2023)

(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 Bahraini, 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 Bahraini, 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 Attn: Elizabeth Moehlenbrock, 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.

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.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 22 00 - Supplementary Instructions

SECTION 00 22 16

SECTION 00 22 16 - PHASE 1

PROCEDURES FOR SUBMITTAL AND EVALUATION OF OFFERS FOR PHASE ONE

1. OVERVIEW.

1.1. The government intends to award a target of twelve (12) contracts overall within the MATOC pool, which will include a target of eight (8) Unrestricted contracts and a target of four (4) contracts Reserved for Small Business concerns. These MATOCs are 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 Contiguous United States (CONUS) and the Commonwealth of Puerto Rico. The Government reserves the right to award more (or less) than twelve Firm Fixed Price MATOCs.

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. After evaluating Phase I proposals, the government will select (in accordance with the Phase 1 selection criteria) a total maximum of eighteen (18) offerors, determined to be the most highly qualified offerors, to submit Phase II proposals. To determine the total maximum of eighteen (18) offerors, the government will first select a maximum of the six (6) most highly qualified Small Business offerors to submit Phase II proposals to be evaluated for award within the Reserve group.

Any Small Business offerors that are not selected to advance to Phase II within the Reserve group will be moved to the Unrestricted group for further consideration. The government will then select a maximum of the twelve (12) most highly qualified offerors within the Unrestricted group to submit Phase II proposals.

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. Volume II for Phase I shall include the following information:

• Volume II – Tab A: Standard Form 1442

• Volume II – Tab B: Joint Venture Agreements, Mentor-Protégé Agreements, and Teaming

Arrangements

• 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 The evaluation process for Phase I consists of two parts: proposal compliance review, and past performance/technical evaluation.

3.1.1 Proposal Compliance Review: The Government will conduct an initial review to determine whether the offeror has submitted a complete and compliant proposal. This proposal compliance review will verify whether the offeror submitted the proposal data requested in Volume I and Volume II. Proposals which do not include the information required for Volume I and Volume II will be deemed ineligible for award and will not be further evaluated.

3.1.2 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. To determine the total maximum of eighteen

(18) offerors, the government will first select a maximum of the six (6) most highly qualified Small Business offerors to submit Phase II proposals to be evaluated for award within the Reserve group. Any Small Business offerors that are not selected to advance to Phase II within the Reserve group will be moved to the Unrestricted group for further consideration. The government will then select a maximum of the twelve (12) most highly qualified offerors within the Unrestricted group to submit Phase II proposals.

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 are responsible for including sufficient details in their Phase 1 proposals, in a concise manner, to permit a complete and accurate evaluation of Phase 1 proposals. Offerors should not assume that they will have an opportunity to clarify or correct anything in their proposal after submitting it in response to Phase 1. The Government may evaluate Phase 1 proposals as submitted, without further exchanges. However, the Government reserves the right to communicate with offerors during Phase 1 and to request additional information or Phase 1 proposal revisions.

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, Mentor-Protégé Agreements, Not Rated and Teaming Arrangements

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 Descriptions 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…