Final_70FBR918R00000002.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

70FBR918R00000002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

11/30/2017

PAGE OF PAGES

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

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

7. ISSUED BY CODE FEMA R09 8. ADDRESS OFFER TO

Sherwin Turner

FEDERAL EMERGENCY MGMT AGENCY

1111 Broadway, Suite 1200 Oakland, CA 94607

FEMA REGION 09

FEDERAL EMERGENCY MGMT AGENCY REGIO

ATTN

1111 BROADWAY

SUITE 1200

OAKLAND CA 94607-4052

9. FOR

INFORMATION

CALL:

a. NAME

Kimberly Coakley

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

202 664-9732

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Design-Build Electrical upgrade at the KYEN Campground in support of DR-4344 CA

The Cost Magnitude of this contract is between $100,000 to $250,000.

This acquisition is solicited as a set aside under the Robert T Stafford Act for t o provide for Local Vendor preference within the counties of Butte, Lake, Mendocino, Napa, Nevada, Sonoma and Yuba under NAICS code 238210 - Electrical Contractors and Other Wiring Contractors.

This requirement is subject to FAR 52.232-18 Availability of Funds (APR 1984)

The competition and award of this project will utilize a Two-Phase RFP selection process.

The First phase will be a request for

1. Technical Approach (but not detailed design or technical information;

2. Technical Qualifications, such as—

a. spec ia l i z ed experience and technical competence;

b. Capability to Perform, financial capability,

c. Past performance of the offerors team (including the architect-engineer and construction members; and other Other appropriate factors (excluding cost or price related factors, which are not permitted in Phase One)

Phase Two will be a request for

1. Design / Design Concept

2. Management Approach

3. Identification of Key personnel

4. Technical Solution

5. Price

The Government will evaluate Phase 1 proposals based upon the offerors response(s) provided for the criteria outlined in the Phase 1 RFQ solicitation Continued ...

11. The Contractor shall begin performance calendar days and complete it within

21 calendar days after receiving award, x notice to proceed. The performance period is mandatory x negotiable. (See .)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

XY

ES

NO 12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by 0900 (hour) local time

12/04/2017 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 0 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

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

19. ACKNOWLEDGEMENT 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) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Continued...

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE FEMA HQ 27. PAYMENT WILL BE MADE BY

FEMA HQ

FEDERAL EMERGENCY MANAGEMENT AGENCY

ACQUISITION MANAGEMENT

500 C STREET SW

3RD FLOOR

WASHINGTON DC 20472

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

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

Sherwin C. Turner 30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

70FBR918R00000002

PAGE OF

3 14

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F) process. The most highly qualified offerors

LF

evaluated in Phase 1 (maximum of 3 each offerors) will be invited to submit a Phase 2 proposal. The Phase 2 evaluation will be conducted in accordance with evaluation criteria specified in the RFP for Phase 2. The overall evaluation of the non-price factors when combined (e.g. technical, corporate experience and past performance) is considered significantly more important than price.

DISCUSSIONS: The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interest.

DO/DPAS Rating: DO-N1 Delivery Location Code: FEMA

FEMA

FEDERAL EMERGENCY MANGEMENT AGENCY

LAKE MENDOCINO

KYEN CAMPGROUND

UKIAH CA

FOB: Destination

Architectual & Engineering - Electric System Design/Design Concept

40 Hours

Construction - Excavation and Installation

Underground - Electric Service

Construction - Excavation and Installation

EA

Power Pedestal

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

INSTRUCTION TO OFFERORS

1. Inquiries

Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically to Kimberly.Coakley@fema.dhs.gov & Sherwin.Turner@fema.dhs.gov.

2. Proposal Submittal Requirements

Proposals submitted in response to this solicitation shall be formatted as follows and furnished in the number of copies stated herein. A cover letter shall accompany the proposal.

The cover letter shall include—

(a) The solicitation number;

(b) The name, address, telephone and email address of the Offeror and Lead Design Firm(s);

(c) The DUNS Number, CAGE Code, and Tax Identification Number (TIN) of the Offeror;

(d) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(e) Names, titles, phone and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation and;

(f) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

In addition to the cover letter, the Offeror shall submit an Offeror’s Team Consent Form for each major subcontractor/teaming partner (e.g., team member, subcontractor (i.e., Lead Design Firm(s)), parent company, subsidiary, or other affiliated company, etc.) identified in the Offeror’s proposal.

Proposals shall be submitted in three ring binders or bound, with tabs or separators. Page limits, if stipulated, must be adhered to. Proposals shall be submitted on 8.5” X 11” paper, utilizing both sides of the paper.

The format for the proposal is as follows:

Phase One:

Cover Letter Offeror’s Team Consent Form(s) First two pages of SF1442 - with blocks 14 through 20c completed Representations and Certifications Tab 1 - Factor 1, Technical Approach

Capabilities Statement Tab 2 - Factor 2, Corporate Experience

The experience of the Offeror and of proposed subcontractors and/or partners intended to occupy a major role will be considered in evaluation and selection. The government will evaluate each Offeror's corporate experience in providing services, which are of similar nature to the work to be performed under the requirement described in this solicitation and the Statement of Objectives. Experience listed shall be for projects completed in the last two (2) years or currently in process, which are of similar size, scope, complexity or, in any way, are relevant to the requirement of this solicitation. Specifically, jobs that are of similar scope, complexity, contract type, and period of performance, in relation to the requirements of this solicitation are of particular interest to the government. Contracts listed may include those entered into by the Federal Government, agencies of State and local governments, and commercial customers. Contracts with the parent or an affiliate of the offeror may not be used. Offerors shall provide a list of any contracts terminated for convenience or terminated for default within the last three years.

The offeror shall provide the information listed below for prime contracts or subcontracts under which it performed work similar in nature and complexity to the subject requirement. This information may include the experience of predecessor companies, major subcontractor, or proposed key personnel:

mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov mailto:Sherwin.Turner@fema.dhs.gov

d. Contracting Agency (Company), address and phone number

e. Contract number and type of contract

f. Date of contract, period of performance, and place of performance

g. Address and phone number of contracting and technical officers

h. Size of contract (average number full time full time equivalents provided per year) and dollar value

i. Brief description of contract work and responsibilities

j. Indicate comparability of each project to the immediate one. It is not sufficient to merely state that a project is comparable in magnitude and scope. Rationale must be provided to convince the Government that a project is indeed similar.

In determining the rating for experience the Government will give greater consideration to the experience which is most relevant to the solicitation. The evaluation of experience will focus on the relevance, complexity, and scope of the noted experience.

Tab 3 - Factor 3, Past Performance

The offeror shall submit at least three (3) Past Performance Questionnaires (PPQs) supporting the projects listed under Factor 2, Experience. The Past Performance Questionnaires, once completed by the references shall be returned to the Contracting Officer via email. PPQs for sub-contractors may be submitted. It is the offerors responsibility to ensure that all PPQs are received from evaluators in a timely manner to ensure they are submitted as a complete proposal package.

The past performance evaluation will assess the Offeror’s record of how well the Offeror did on work for government and private sector clients, resilience in the face of trouble, resourcefulness, management determination to see that the organization lived up to commitments or standards, and skill in the development of a responsive team are indicators of past performance. The degree to which the Offerors supply examples of accomplishments to indicate an ability to implement the proposed methods and techniques for solving problems will be assessed.

The quality of the Offeror's past performance will be evaluated based on comparison of Past Performance Questionnaires with information the government obtains through reference checks, its own knowledge/experience, and/or from other source. The past performance evaluation will assess the Offeror's record of how well the Offeror did on relevant and recent work for government and private sector clients. This evaluation will include assessments of the Offeror's resilience in the face of trouble, resourcefulness, and management determination to see that the organization lived up to commitments or standards. The government reserves the right to conduct telephone interviews to validate information provided in the past performance questionnaires and to obtain additional information from other internal and external sources, if known. The government will also check records in the Past Performance Information Retrieval System (PPIRS).

THE FOLLOWING EVALUATION FACTORS ARE APPLICABLE ONLY TO THOSE OFFERORS WHO

ARE SELECTED TO PROCEED TO PHASE TWO OF THE SOURCE SELECTION PROCESS. DO NOT

SUBMIT TABS 4 THROUGH 7 IN PHASE ONE PROPOSALS.

Phase Two:

Tab 4 - Factor 4, Technical Solution

Submission of a Performance Work Statement in Response to the Statement of Objectives (SOO):

a. Skill level categories assigned to the project must be committed to the project for its duration and cannot be substituted or replaced without the prior written agreement of the Contracting Officer.

b. The contractor's work breakout structure should be clearly identified. The total number of personnel and the function they will perform must be clearly identified. Resumes are not required and will not be evaluated.

The use of general or vague statements such as “standard procedures will be used” and “will comply with specification,” are not desired and may be construed as an indication of the offeror’s lack of understanding.

The quotations shall be internally consistent or the quotations will be considered unrealistic and may be considered unacceptable.

c. Design / Drawing Submitted for FEMA

Approval. Tab 5 – Price

Price Realism and Completeness The Government will evaluate the degree to which the offeror’s proposed total price is realistic for the work to be performed, reflects a clear understanding of the requirements, and if the offeror’s overall price proposal is consistent with the various elements of the offeror’s technical proposal, considering the required level of effort and the mix of labor proposed to perform the specific tasks identified in the SOO. The offeror’s price proposal will also be evaluated for completeness or responsiveness in addressing the Government’s requirements and/or proposed solutions. The offeror’s price proposal will be compared against all aspects of the technical proposal and the Independent Government Cost Estimate (IGCE) to aid in determining price reasonableness.

Price Reasonableness Degree to which the offeror’s proposed total price is reasonable, considering proposed firm-fixed prices and proposed labor. The price reasonable evaluation will take into consideration the results of the cost realism analysis and overall price reasonableness based upon the total proposed prices and the degree to which the offeror’s proposed prices indicate a clear understanding of and sound approach to meeting the objectives/requirements of this solicitation.

Offerors are asked to submit only the information required. Do not submit any additional information such as brochures, CDs, or other pre-printed materials.

Phase One proposal in response to this RFP must be received by email no later than the date and time stated in Block 13 of the SF1442. Offerors should address all Phase One evaluation factors and shall submit the proposal to Kimberly.coakley@fema.dhs.gov and Sherwin.Turner@fema.dhs.gov

Proposal must be clearly marked with the solicitation number in the subject line of the email.

LATE SUBMITTALS WILL NOT BE CONSIDERED.

It is an Offeror's responsibility to deliver its proposal to the proper place at the proper time, which includes allowing a reasonable amount of time for the delivery of the proposal. (See FAR 15.208(a)). Proposals that are received after the stated date and time in Block 13 of the SF1442 will not be considered.

(g) All questions shall be submitted to Kimberly.Coakley@fema.dhs.gov and Sherwin.turner@fema.dhs.gov not later than 3:00 PM PST on Friday, December 1, 2017.

(h) Failure of a prospective Offeror to submit any questions will be construed to mean that the Offeror fully understands all requirements of the solicitation.

(i) All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing. Amendments will be posted on the website at www.FBO.gov.

52.228-15 Performance and Payment Bonds -- Construction (Oct 2010)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) 52.236-1 Performance of Work by the Contractor. (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least [insert the appropriate number in words followed by numerals in parentheses] percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause) mailto:Kimberly.coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov mailto:Sherwin.turner@fema.dhs.gov http://www.fbo.gov/

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-4 Physical Data. (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].

(b) Weather conditions [insert a summary of weather records and warnings].

(c) Transportation facilities [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(d) [insert other pertinent information].

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

(APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991)

52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services. (APR 1984)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-16 Quantity Surveys. (APR 1984)

52.236-16 Quantity Surveys. (APR 1984) - Alternate I (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts. (APR 1984)

52.236-19 Organization and Direction of the Work. (APR 1984)

52.236-20 Reserved

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate I (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997) - Alternate II (APR 1984)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor.

Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish [Contracting Officer complete by inserting desired amount] sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

52.236-22 Design Within Funding Limitations. (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $[ ].

52.236-23 Responsibility of the Architect-Engineer Contractor. (APR 1984)

52.236-24 Work Oversight in Architect-Engineer Contracts. (APR 1984)

52.236-25 Requirements for Registration of Designers. (JUN 2003)

Technical Direction and Surveillance

TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer's Representative (COR) who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COR, regarding matters within the general tasks and requirements in the statement of work for this contract.

(b) The COR does not have the authority to, and shall not, issue any technical direction which:

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled "Changes";

(3) In any manner causes an increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the specifications of the contract.

(c) All technical directions shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that:

(1) the technical direction is rescinded in its entirety

(2) the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction.

(e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

IDENTIFICATION OF GOVERNMENT OFFICIALS

IDENTIFICATION OF GOVERNMENT OFFICIALS (AUG 2014)

The Government Officials assigned to this contract are as follows:

Administrative Contracting Officer:

Name: Sherwin Turner

Email: Sherwin.Turner@fema.dhs.gov

Contract Specialist:

Name: Kimberly Coakley

Phone: 202-664-9732

Email:Kimberly.coakley@fema.dhs.gov

Contracting Officer’s Representative:

Name: To be determined

Phone: []

Email: []

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) mailto:Kimberly.coakley@fema.dhs.gov

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-26 Preconstruction Conference. (FEB 1995)

52.244-6 Subcontracts for Commercial Items. (JAN 2017)

Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (OCT 2015)

52.236-28 Preparation of Proposals - Construction. (OCT 1997) Instructions, Conditions, and Notices to Bidders 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 [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer]

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

52.236-27 Site Visit (Construction). (FEB 1995)

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

• Site visits to be conducted on Friday, December 1, 2017 at KYEN Campground at

11:00 am , Please notify the below point of contact of attendance

Name: Kimberly A Coakley

Email: Kimberly.Coakley@fema.dhs.gov

Telephone: 202-664-9732

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for disputes resolution, Alternative Dispute Resolution (ADR). ADR is an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:

Federal Emergency Management Agency mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov mailto:Kimberly.Coakley@fema.dhs.gov

Alternative Dispute Resolution Division

FEMA Office of Chief Counsel

400 Virginia Avenue, SW

Washington, DC 20472-3400

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

A. Definitions.

1. “Agency protest” is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.

2. “Ombudsman” is the agency official above the level of the contacting officer designated by the Director of Acquisitions Operations to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the ombudsman.

3. “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday.

Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

B. Submission Guidelines.

1. Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman either by facsimile transmission or by “Certified Mail” (Return Receipt Requested) as follows:

FEMA

Sherwin Turner, Contracting Officer 10000 Goethe Rd Sacramento, CA 95827 or

FEMA

David J. Orris Agency Protest Ombudsman Building D, Room 123 16825 South Seton Avenue Emmitsburg, MD 21727

2. The outside of the envelope or beginning of the FAX transmission must be marked “Agency Protest”. If the protester submits the protest directly through the ombudsman, the protester must also, within one (1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer either by FAX transmission or by “Certified Mail” (Return Receipt Requested).

3. To be filed on a given day, protests and any subsequent appeals must be received by 4:30 p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.

4. Protest submission will not be considered filed until all of the following information is provided:

a. The protester’s name, address, telephone number and fax number;

b. The solicitation or contract number;

c. A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

d. Copies of relevant documents;

e. A request for ruling by the agency;

f. A statement detailing the form of relief requested;

g. All information establishing that the protester is an interested party for the purposes of filings a protest;

and

h. All information establishing the timeliness of the protest.

5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman.

C. Timeliness/Resolution of Protests.

1. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

2. Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held.

3. Protests filed through the contracting officer within 20 days after the protest is filed through the contracting officer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)”.

D. Appeals.

1. Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting officer’s written ruling, appeal to the ombudsman.

2. Requests for appellate review must be submitted to the ombudsman by facsimile transmission or by “Certified Mail” (Return Receipt Requested).

3. The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 10 days of receipt of the request for appellate review of the contracting officer’s decision.

4. In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.

Therefore, any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.

E. Protests filed through the ombudsman:

1. If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by “Certified Mail (Return Receipt Requested)” within 35 days after the protest was filed.

2. Protests filed directly through the ombudsman cannot be appealed within the agency.

F. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protests)