Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment 0003: Solicitation W912P523B0003 f or the K25 Observation Building is hereby amended as follows: a.) Requirement for a fully-executed Project Labor Agreement to be provided by the contractor... Amendment 0003: Solicitation W912P523B0003 f or the K25 Observation Building is hereby amended as follows: a.) Requirement for a fully-executed Project Labor Agreement to be provided by the contractor has changed from "prior to Notice to Proceed" to "prior to Award." Timeframe for providing this PLA is changed from 21 to 14 Calendar days. b.) Questions and Answers Document and the Summary Change Document have been added to the solicitation. c.) Site Visit Sign-in Sheet, revised Plans and revised Specifications have been added as an attachment to this solicitation. d.) The bid due date is changed from 9 February 2023 at 1300 hrs. CST to 15 February 2023 at 1400 hrs. CST. e.) FAR 52.211-10 Commencement, Prosecution, And Completion Of Work has been updated. f.) DFARS 252.236-7001 Contract Drawings, and Specifications has been updated. g.) FAR 52.252-3 Alterations in Solicitation has been updated. ------------------------------------------------------------------------------------------------------ Amendment 0002: 1. The purpose of this amendment is to extend the deadline for submission of bids from 19 January 2023 at 1300 CDT to 9 February 2023 at 1300 CDT. ------------------------------------------------------------------------------------------------------- Amendment 0001: Solicitation W912P523B0003 f or the K25 Observation Building is hereby amended as follows: a.) Attachments A and B to the Technical Specifications has been included. b.) DFARS 252.236-7001 Contract Drawings, and Specifications has been updated c.) FAR 52.252-3 Alterations in Solicitation has been updated ------------------------------------------------------------------------------------------------------- Department of Energy Former K-25 Viewing Platform/General Purpose Building Construction 1.0 GENERAL REQUIREMENTS 1.1 Intent: The intent of this solicitation is to award one (1) construction contract for the East Tennessee Technology Park National Historic Preservation Project for Construction of Viewing Platform/General-Purpose Building, Roads and Grounds Improvements in vicinity of Former K-25 Building Footprint in Oak Ridge, Tennessee. 1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of this requirement is between $5,000,000 and $10,000,000. 1.3 Basis of Selection of Award: Award shall be made to the lowest priced bidder who is determined to be responsive and responsible. See Federal Acquisition Regulation (FAR) 52.214-19, Contract Award—Sealed Bidding—Construction, for more information. 1.4 Type of Contract: The Government intends to award one (1) firm fixed-price construction contract. 1.5 Who May Submit: This procurement is a 100% Small Business Set-Aside. 1.6 North American Industry Classification System (NAICS) Code and Small Business Size Standard: The NAICS code for this project is 236220 - Commercial and Institutional Building Construction, with a size standard of $39,500,000. 1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. See the complete drawings and specification package located at PIEE. The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see Defense Federal Acquisition Regulation Supplement (DFARS) 252.236-7001, Contract Drawings and Specifications). 1.8 Within 14 calendar days following Bid Opening the Contractor acknowledged as the “apparent low bidder” shall furnish the Contracting Officer with an executed PLA meeting the minimum requirements, and containing the mandatory terms, of this section. The Contractor shall not be entitled to Award until it has furnished such evidence of an executed PLA. 1.8.1. The PLA must establish wage rates applicable for the duration of the PLA, regardless of whether corresponding collective bargaining agreements expire. The PLA shall include the following terms, or substantially identical language as approved by the Contracting Officer: (a) “During the term of this PLA, there shall be no strikes, pickets, work stoppages, slowdowns or other disruptive activity for any reason by Labor Organizations or their members, and there shall be no lock out by the Contractor or its subcontractors. The Labor Organizations agree that they shall not incite or encourage participation in any such disruptive activity and shall undertake all reasonable means to prevent or terminate it.” (b) “This PLA supersedes any other collective bargaining agreement that may conflict or differ from the terms of this PLA. In the event of a conflict between the terms of this PLA and any collective bargaining agreement, this PLA shall govern. If any collective bargaining agreement contains provisions that are not covered by this PLA, such collective bargaining agreement provisions shall bind the parties to the collective bargaining agreement with respect to employees covered thereby.” (c) "Deductions for Labor Organization dues, if any, for employees who are not members of Labor Organizations shall not be more than an amount necessary to cover the Labor Organization's costs of collective bargaining, contract administration, and grievance adjustment. Contributions to employee benefit funds of a Labor Organization from employees who are not members of that Labor Organization may be required only if, and to the extent that, the benefits immediately accrue to the direct benefit of such employees and do not require membership in the Labor Organization. (d) "Nothing in this PLA shall be deemed to limit a Contractors or its subcontractors' right to reject proposed employees, provided that such right is exercised in good faith, or to use their own employees." 1.8.2. When the Contractor submits the fully executed PLA prior to contract award the Contracting Officer, Office of Counsel and any other parties deemed necessary by the PDT will review the PLA for compliance with the contract requirements. Identified areas of non-compliance will be addressed with the Contractor and corrected. Award shall not be made until a PLA that is fully compliant with the contract requirements is received. 1.9 Pre-Bid Site Visit: An organized site visit has been scheduled to occur during the solicitation period on 4 January 2023 at 10 a.m. Local time. Bidders should inspect the job site prior to submitting a bid. Bidders should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents. Please refer to FAR 52.236-27 Alt I, Site Visit (Construction) incorporated by full text in this solicitation, for information pertaining to the scheduled site visit. REGISTRATION: Only registered persons will be permitted to attend the site visit. In addition to the information below, please also provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier number, and name and position title of primary point-of-contact and their telephone number and email address. Please provide this information via email to robert.t.allman@usace.army.mil. Contractors and/or potential contractors wishing to attend a pre-bid shall submit a Nashville District (LRN) Security Access Form to the Contract Specialist five (5) business days prior to the site visit or meeting. If submitting the document in less than five business days, the bidder may not receive approval for participation. The Contract Specialist will notify the Contractor if the request is approved or denied. Any pre-bid meeting which will cover anything other than public domain information shall be limited to U.S. Citizens, except under unique circumstances. U.S. CITIZENS: The bidder shall submit a Nashville District Corps of Engineers U.S. Citizen Pre-Bid and/or Site Visit Request Form to the LRN Point of Contact, Contract Specialist Todd Allman, no later than five (5) business days prior to the site visit. If submitting the document in less than five (5) business days, the bidder may not receive approval for participation. The LRN POC will notify the individual(s) if the request is approved or denied. The Security Access Form and guidance is available as a pdf attachment on with this solicitation and is titled Pre-Bid Meeting and/or Site Visit Request Form. FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to attend the site visit must be approved in advance. FNs wishing to attend a site visit shall submit a completed Nashville District Corps of Engineers Foreign National Pre-Bid Meeting Request Form and legible color copies of two (2) of the following documents: Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I- 551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I- 688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS Form I-571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN Point of Contact, Contract Specialist Todd Allman. These documents must be submitted two (2) weeks prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQUSACE) level. Exceptions will be considered on a case by case basis but will be limited. The form is available as a pdf attachment on with this solicitation and is titled Foreign National Pre-Bid Meeting Request Form. For questions and /or concerns regarding the site visit, please contact Contract Specialist Todd Allman via email at the address referenced above. Please submit all site visit request forms to Todd Allman at robert.t.allman@usace.army.mil and Dellaria Martin at dellaria.l.martin@usace.army.mil. When you send your site visit request form, please put “W912P523B0003 – (Foreign National or U.S. Citizen) Request Form- (Your Company Name)” in the subject line of the email. Please edit the information in parenthesis to match the request form you submit and your company name. This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions. 2.0 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Todd Allman at email robert.t.allman@usace.army.mil Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code. Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled. 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. Project: K25 OREM DOE Obervation Building The Solicitation Number is: W912P523B0003 The Bidder Quick Add Key is: 58JZ58-FG7UGX 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 Quick Add 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. NOTES: 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. 1. 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. 2. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled ten (7) calendar days prior to the closing date stated in the solicitation. No Government responses will be entered into the ProjNet system three (3) calendar days prior to the closing date stated in the solicitation. Q&A period closed. 1.10 Amendments Prior to Date Set for Closing of Invitation for Bid (IFB). The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for submission of bid. Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bid. In such cases, the amendment will include an announcement of the new date for receipt of bid. 1.11 NOTICE TO BIDDER: Use of Class I Ozone-Depleting Substances a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available. b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. This requirement has no relationship to ODSs. c. If the bidder possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the bidder should provide any information as soon as possible after release of this IFB and prior to the submission of bids to the extent practicable. It should be understood that there is no obligation on the bidder to comply with the request and that no compensation can be provided for doing so. 2.0 WHAT, HOW, AND WHERE TO SUBMIT BID 2.1 There is no BID SCHEDULE for this project. This work will be bid as one complete job. Please fill in your bid amount on the appropriate box of the SF 1442. 2.2 The following documents must be submitted with your IFB in original and one (1) copy: (1) SF 1442, Solicitation, Offer and Award a. Should include: i. Unique Entity Identifier (known as DUNS) ii. CAGE number iii. Taxpayer ID number (2) Solicitation amendments acknowledged, if applicable (3) Original Bid Bond with Power of Attorney (4) Bid Guarantee (see FAR 52.228-1) NOTE: To establish its responsibility the bidder may be requested by the Government to submit a statement regarding previous experience in performing comparable work, business and technical organization, financial resources, and plant available to be used in performing the work. The requested statement submitted will have the following: a minimum of one (1) up-to-date banking reference for their firm and a minimum of three (3) past performance references for similar work. a. The banking reference shall include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, and email address. b. The past performance references shall include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, and email address. 2.3 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in Block 13 of the SF1442 via video conference presentation that shall be held on Wednesday, 15 February 2023 at 2:00 PM Central Time. The content will be made public for the information of bidders and others interested, who may be present. Unbalanced bids may be rejected. The teleconference information is as follows: LINK: https://usace1.webex.com/meet/robert.t.allman 2.4 SUBMISSION OF BIDS: Bidders shall submit their bids no later than the time and date specified in Block 13 of the SF 1442 of this solicitation or the latest amendment (if applicable) as follows: The Bidder’s bid shall be submitted electronically via Procurement Integrated Enterprise Environment (PIEE), as described below. The Bidder’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited. NOTE: The only authorized transmission method to this solicitation is electronically via PIEE Solicitation Module online submission. NO OTTHER TRANSMISSION METHODS (EMAIL, FACSIMILIE, REGULAR MAIL, HAND CARRIED, ETC.,) WILL BE ACCEPTED. INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS: In an effort to reduce paperwork and cost, all bids shall be submitted electronically via the Solicitation Module of Procurement Integrated Enterprise Environment (PIEE) suite, as described below. Submissions shall be in Adobe PDF format. Electronic Bid Submissions is required through the Army’s Electronic File Sharing Service in PIEE (https://piee.eb.mil/). The PIEE Application is used to send large files to individuals that would normally be too large to send via email. Information regarding how to set up a vendor registration is included in this link: https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. On this page, click on the “Vendor User Registration” Doc and it will take you through the process of registering as a vendor. If you plan on submitting a proposal, be sure to select “SOL-Solicitation” in the drop-down list and choose the “Proposal Manager” role to be given the proper permissions. Further training is available at the following links: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml - This link shows information regarding the Solicitation application in PIEE and the different roles available. https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml - This link is for Offerors regarding the Proposal Manager function and instruction on submitting an offer. a. File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports delivery of up to 1.9GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors are advised to break the files down into smaller sections in order to upload them into the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below. b. File Description: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention. Each file name shall begin with the firm’s name, and a brief file description. NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the file description. Submission shall be in Adobe PDF format. d. Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the Solicitation document. The time and date of bid receipt will be the upload completion/delivery time and date recorded within the PIEE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 14.304. e. Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office Suite 2016 or Adobe Acrobat Reader 11. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked). RECEIPT OF SUBMISSIONS: For the purpose of establishing whether a bid submission is considered timely, the Government will consider the date and time the submission is completely uploaded into the PIEE Website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases. The Government will not be responsible for submissions delivered to any location other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided. 3.0 INSURANCE/BONDS: 3.1 BID GUARANTEE. In accordance with FAR 52.228-1, Bid Guarantee, the bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond (use Standard Form 24) supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $2,000,000.00. If using a Bid Bond, it must be submitted on SF 24. The SF 24 can be found at the GSA Forms Library at https://www.gsa.gov/forms. 3.2 INSURANCE. Contractor shall carry Liability and Insurance. See FAR 52.228-5, Insurance – Work on a Government Installation. 3.3 The bidder whose bid is accepted will be required to comply with the following within the time established in the invitation for bid: a. PERFORMANCE BONDS (Standard Form (SF) 25). Pursuant to FAR 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020-O0016), the penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25 within ten (10) calendar days after receipt of contract award. The SF 25 can be found at the GSA Forms Library at https://www.gsa.gov/forms. b. PAYMENT BONDS (SF 25A). Pursuant to FAR 52.228-15, Performance and Payment Bonds—Construction (DEVIATION 2020-O0016), the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received on a SF 25A within ten (10) calendar days after receipt of award. The SF 25A can be found at the GSA Forms Library at https://www.gsa.gov/forms. 4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND CERTIFICATIONS In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM) database located at www.sam.gov. More specifically, "An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation." (See FAR 52.204-7(b)(1)). For SAM Customer Service, contact: Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) U.S. Calls: 866-606-8220 International Calls: 334-206-7828 DSN: 866-606-8220 IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 calendar days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier. The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).