Amendment 3.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION H

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause titled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Office not later than 15 calendar days after issuance of the Notice to Proceed.

H-2

MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

The contractor AF Form 3000, as contemplated by the Materials and Workmanship Clause, shall submit all material and articles requiring approval. (See attached AF Form 66, Schedule of Materials Submittals). In addition the contractor is reminded that an individual within the company who has the authority to make the certification must sign the certification on the AF Form 3000.

H-3 REQUIRED INSURANCE

Per FAR clause 52.228-5 (Jan 1997) entitled, “Insurance – Work on a Government Installation”, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

d. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H-4 TELEGRAPHIC AND TELEFAX BIDS/AMENDMENTS

Telegraphic and telefax offers are not acceptable. Offerors may telefax changes to their offers to (919)-722-5424. The change must arrive at the place specified in the solicitation prior to the time set for receipt of offers. Changes received after this time will not be considered.

H-5 ON-SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

a. The Contracting Officer will designate the exact location for the contractor’s storage area. Upon Contracting Officer’s approval, buildings and structures, which are part of the contract, may be used for storage providing the space is not required for the occupancy and the contractor accepts full responsibility for storage therein.

b. Once an exact location has been determined, the contractor can use all approved and available services (i.e., electricity, water, and sewage) at the storage area. The Contracting Officer will inform the contractor whether or not the Government shall be reimbursed (and at what rate structure) for any or all such services.

H-6

BONDS

Performance and Payment Bonds/Alternative Payment Protection. Per FAR Clause 52.228-15 entitled, “Performance and Payment Bonds – Construction (Jul 2000),” the contractor shall be required to furnish a Performance Bonds (Standard Form 25) and a Payment Bond (Standard Form 25-A), each with good and sufficient surety and sureties, acceptable to the Government within 14 calendar days after award. Payment protection shall be required for task orders between $2,000 and $150,000.

*NOTE: A Notice to Proceed will not be issued and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

H-7 ALTERNATE PAYMENT PROTECTION

For task orders between $2,000 and $150,000, the Contractor shall provide one of the following alternative payment protections (IAW FAR 52.228-13):

(1) Payment Bond

(2) Irrevocable Letter of Credit (ILC)

H-8 UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause 52.236-14). The following utilities will be available: Electricity, Sewer, and Water.

H-9 ESTIMATED QUANTITIES

There may be estimated quantity line items for this project. For those estimated quantity line items, the contractor shall maintain a daily usage log and delivery/disposal tickets, if applicable. The contractor shall ensure that the superintendent/project manager and the government inspector sign the log. Copies of the signed log and applicable tickets must be provided to the Contracting Officer with each invoice for estimated quantities.

H-10 On-Line Representations and Certifications Application (ORCA) (Annual Representations and Certifications)

a. All offerors in response to this solicitation shall complete electronic annual representations and certifications at http://www.bpn.gov/orca in conjunction with required registration in the Central Contractor Registration (CCR) database. (See Section K for additional applicable solicitation-specific representations and certifications).

b. Prospective contractors shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA.

H-11 TASK ORDER PERFORMANCE PERIOD

Performance periods will be negotiated for each individual task order.

H-12 PREAWARD SITE INSPECTIONS

Contractors shall inspect project job sites with Government representatives. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

H-13 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of their authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of the contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing and signed by the Contracting Officer.

H-14 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to starting work under a task order, contractors shall meet with the Contracting Officer and designated technical representative to discuss and develop mutual understandings concerning schedule and performance.

H-15 TASK ORDER ISSUANCE PROCEDURES

(a) Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

(b) Task order numbers will consist of the basic contract number followed by a 4-digit supplemental task order number. The task order number must be reflected on all correspondence related to the task order.

(c) The Government will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

(d) Task orders will be firm fixed price and clearly define the specific services to be performed or the performance desired. Each task order may contain additional, site or project specific, provisions. Any such additional provisions shall be a part of the Request for Proposal.

(e) Task order projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design-build construction, or any combination thereof. Any estimated quantities provided in project documents are considered informational only. Contractors must validate quantities and all features of work necessary to deliver a complete and functional project. The task order may or may not have traditional plans and specifications but may include sketches, and requests for catalog cuts, and other submittals. The following describes the procedures for each type of requirement the task order could present:

(1) Contractor-Provided Design/Design Build: MACC Contractors shall provide an initial ‘Concept’ design consisting of drawings, sketches, outline specifications, design analysis, and/or other documentation as required by the task order Statement of Work. MACC Contractors shall also provide a price proposal and may be required to include a proposed performance period. The Government will evaluate submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.

(2) Government-Provided Design/Design-Build: MACC Contractors shall be provided a ‘Concept’ design, consisting of drawings, sketches, outline specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on the ‘Concept’ design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period. The Government will evaluate the submitted proposals in accordance with task order requirements. Only the successful offeror will be required to proceed with subsequent design effort (i.e. 35%, 65%, 95% and/or 100% as stated in each task order) and execute construction.

(3) Construction Only: MACC Contractors shall be provided a previously accomplished design which may be representative of a 35%, 65%, 95% or 100% design consisting of drawings, specifications, design analysis and/or other documentation as required by the task order Statement of Work. Based on this completed design, MACC Contractors shall provide a price proposal and may be required to include a proposed performance period (as stated in each task order). The Government will evaluate submitted price proposals in accordance with task order requirements. Only the successful offeror will proceed with construction. The design levels stated above are defined in the basic MACC Statement of Work.

(f) Task order solicitations will provide contractors with as much information as possible regarding the existing conditions of the site and any pre-existing structures.

(g) Contractors will provide a price proposal and a proposed performance period. The Government will evaluate submitted proposals according to criteria specified in the task order request for proposal (RFP). Only the successful offeror will be required to proceed with subsequent design effort, if required, and execute construction.

(h) Task orders may be modified by the Contracting Officer. Modifications to task orders will be issued on Standard Form (SF) 30 and cite the task order number.

(i) Submission of proposals for task orders is not required. However, contractors are required to contact the Contracting Officer within two days after receipt of task order RFP if a contractor will not participate in the walk-through or submit a proposal on a task order. Failure by Offerors to participate responsibly in Site Visits and submit proposals may result in the Government not exercising the option to extend the contract or exclusion of the contractor from further competition.

H-16 COMPETITION

(a) Only contractors awarded a contract as a result of this RFP will compete for subsequent task orders. Contractors are encouraged to participate in all site visits and submit proposals. To execute fiscal year end projects, the Government may solicit offers for projects for which funds are not certified or readily available. Submission of proposals for these acquisitions is discretionary and will have no negative impact on the contractor.

Occasionally, (generally during the last quarter of the fiscal year), the Government will solicit offers for projects for which funds are not certified or readily available. Air Combat Command refers to these acquisitions as “Advance Contracting Authority (ACA)” or “Normal Straddle Bid (NSB)” projects. Under ACA, funds are not available and may not become available. The Government makes no promise to award a contract. If funds do not become available for ACA projects, the RFP is cancelled and no award is made. Under NSB, funds may be available in the current fiscal year or the next fiscal year. If a contract is not awarded in the current fiscal year, it will be awarded in the following fiscal year (see AFFARS MP5332.7, Contract Funding). Submission of proposals for these acquisitions is at the sole discretion of the respective MACC Contractors and their declination to participate in any or all such solicitations will not reflect negatively upon them. This includes projects that are in whole or in part ACA projects.

(b) Unless the Contracting Officer applies the exceptions noted below, each task order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering task order evaluation criteria.

(c) The Contracting Officer reserves the right to award a task order without competition based upon a determination that:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services being ordered are unique or highly specialized;

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

H-17 DESCRIPTION OF SUBSEQUENT TASK ORDERS

(a) Task orders projects may range from $2,000 to $15,000,000 and may require either a single discipline or multi-disciplined design services. Projects may also require comprehensive interior design, lead and asbestos abatement, and incorporation of sustainable features. Some projects may require only minimal design.

(b) Upon award the best value contractor will be awarded the seed project and all other contractors will be awarded smaller Task Order. These Task Orders will be sufficient to meet the contract minimum for each contractor. In accordance with FAR 16.505(b)(2) the government reserves the right to go direct sole source to any contractor awarded the MACC in order to satisfy a minimum guarantee. Past performance will be assessed at least annually and reviewed prior to decisions to exercise options.

(c) Technical narratives, if required, may address one or more of the following factors:

--Design

--The Contractor’s technical understanding of the work

--The most efficient and effective plan to accomplish the work.

--Rationale for proposed materials, type, and quantities

--Sustainable design features

H-18 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent task orders may be awarded on best value, either tradeoff process or low price, low price technically acceptable, or low bid price. If the Government decides to issue the task order as a best value using the tradeoff process, award factors will vary depending on the unique requirements of each task order. In addition to price or cost, one or more of the following criteria may be considered:

(a) Past Performance – task order past performance or prior past performance on other contracts

(b) Quality of Deliverables

(c) Ability to meet schedule requirements

(d) Relevant experience

(e) Cost control

(f) Potential impact on other orders placed with the contractor

(g) Current workload

(h) Design

(i) The Contractor’s technical understanding of the work

(j) The most efficient and effective plan to accomplish the work

(k) Rationale for proposed materials, type, and quantities

(l) Sustainable design features

H-19

LIQUIDATED DAMAGES

Any Task Order that is determined to need liquidated damages will be assessed on each task order.

H-20 BONDING CAPABILITIES

Offerors must have a bonding capacity of at least $10M per project and an aggregate of at least $20M to be considered for award of this contract.

(End of Summary of Changes)