Amendment 0003 AF Construction IDIQ.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The Issued By organization has changed from

700TH CONTRACTING SQ

AM OPELKREISEL, ROB, GEB. 164

D-67663 KAISERSLAUTERN

GERMANY

to

700TH CONTRACTING SQ

AM OPELKREISEL, ROB, GEB. 164

D-67663 KAISERSLAUTERN

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H-1. GENERAL TERMS:

(a) This is a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity, type contract and will include a wide variety of individual specific elements of construction work identified in the UPB. Construction work not covered by the UPB will be presented by the Contractor as a Lump Sum Ordering Procedure (LSOP). During the contract period, 435 CEG or 52 CES will identify construction tasks required to complete specific projects and the Contracting Officer will negotiate and issue individual task orders to the contractor to perform the projects. The contractor shall furnish all materials, equipment and personnel necessary to design, manage, and accomplish each task order. The Government will issue a Notice to Proceed for each task order placed against the basic contract.

(b) Guaranteed Minimum: $50,000.00 per awardee

(c) The "maximum", as referred to in the contract clause FAR 52.216-22, "Indefinite Quantity", is the contract total estimated cost. The Government anticipates that there will be a maximum estimated cost of $275,000,000.00 for the 5-year ordering period. This estimated "maximum" amount may only be exceeded through a bi-lateral agreement between the Government and contractor. The Contractor must be prepared to perform up to the contract maximum estimated cost of $275,000,000.00. If the Government's requirements for services set forth in the solicitation do not result in orders in the amount described as "maximum", the event shall not constitute the basis for an equitable adjustment under this contract.

H-2. CONSTRUCTION START-UP PERIOD:

The Contractor must have the organization and capability to start performance on the next day after the award of the basic contract.

H-3. Performance Evaluation Meetings:

The contract manager shall be required to meet monthly, or more often than monthly depending on the workload of the Contractor, with the 435th CES/CEPM Chief and the Contracting Officer (CO) to discuss progress and quality of work being performed. The contract manager for the Spangdahlem area shall be required to meet monthly or more often than monthly depending on the workload of the Contractor, with the 52 CES/CEPM OIC/NCOIC and the CO to discuss progress and quality of work being performed.

H-4. PROGRAM STATUS REVIEWS (PSR):

The Contractor shall conduct Program Status Reviews at least annually (or more often as needed). As part of the Program Status Reviews, the Contractor shall provide a Program Status Briefing. The briefing, including presentation materials, will include the following as a minimum: a) overall CES/CECM Program report (number of projects to date, total active projects, total Dollars/Euro awarded, percentage of UPB/Lump-Sum awarded, quality assurance problems, performance difficulties, etc.); b) Brief overview of current projects/task orders, highlighting any “high interest” tasks; c) Identification of key personnel working and major subcontractors; d) Any other item determined necessary by the Contracting Officer. The contractor shall be responsible for coordinating with the Contracting Officer for scheduling the briefings, facility and attendance arrangements. As a minimum, the following personnel shall be invited to attend: Contracting Squadron Construction Flight Chief (700 CONS & 52 CONS), Engineering & Construction Flight Chief (435th CES/CEC & 52th CES/CEC), and CES/SABER Chief and the Contracting Officer.

H-5. NOTES REGARDING THE UNIT PRICE BOOK (UPB):

The following table lists the UPB version (STLB Bau Z) that shall be applied to the proposed contract:

Sep 00

Sep 08

Additional Line Item Listing (Section J, Attachment 05) In addition Section J, Attachment #5 contains an additional items list for items not covered by the listed UPB. Those items address customer established item standards and need to be considered and incorporated into the contractor provided software program. These items shall be considered by the offerors when calculating their max. coefficients.

The test project will require the use of the UPB and additional line items as described above. The contractor shall provide their Test Project Proposal in Excel/PDF format.

This UPB (and the additional line item listing shown in Section J, attachment 05) shall be used for the entire 5-year ordering period without any changes.

All offerors need to have a copy of the UPB on hand in order to calculate their basic contract maximum coefficients. The UPB and additional items list shall also be applied by the offerors when calculating the test project proposal and be applied by the awardees when calculating price at the task order level.

The hardcopy version of the this UPB is available from the following source:

Beuth Verlag GmbH

Burggrafenstraße 6 10787 Berlin

Required Submittals for all Contract Awardees after contract award:

All Offerors who receive a basic contract award shall provide UPB hardcopy books and software UPB program. ARRIBA 12.3 or any suitable substitute that is GAEB compatible/PDF format will be acceptable to the Government, provided it meets the below criteria and has been approved through the Contracting Officer prior to submittal. Most current software versions shall be provided.

Possible source for the software is:

RIB Software AG

Vaihinger Straße 151 70567 Stuttgart

Submittal package after contract award shall consist of the following:

· 2 complete sets of hardcopy books of the UPB described above.

· 2 full user licenses for Software Program described above. This shall include annual updates and initial incorporation of the additional line items described below provided by the C. O. for a five year period. Translation of the electronic UPB into English. The software programs needs to allow for installation on servers owned by 435th CEG/52nd CES. Internet version is not acceptable.

· Adding all the additional line items (Section J, Attachment 05) to the software program (and translate into English).

· Provide initial and annual user training for the provided software to an average 8 Government users.

· The software must have an index in the front to facilitate easy access to all data.

· The software must have the capability to add additional UPB line items.

H-6. TASK ORDER SAMPLE CALCULATION

The following sample calculation illustrates the use of the UPB (standard and non-standard hours) and Lump-Sum Ordering Procedures (LSOP). This content shall be applied in providing the test project proposal as well as on any future task order proposals. The contractor has submitted a maximum coefficient for standard and non-standard hours as shown below. One item was not contained in the UPB so therefore the Contractor submitted a Lump Sum Proposal for that item. All figures are fictitious and may or may not exist in the UPB used for this contract.

SAMPLE DESCRIPTION OF WORK: Replace sidewalk and improve storm drainage. For this example; the following coefficients are used:

Standard hours -- .50 Non-standard hours -- .60

Note: table below was updated per Amendment #2. More columns made be used for the proposal as long as all information is below as shown below.

Earth Work (standard hours)

Drainage Work (standard hours)

Road Work (non-standard hours)

Non-UPB Item (LSOP)

H-7. TASK ORDER; ORDERING UNDER THE UNIT PRICE BOOK (UPB):

All task orders placed under this contract will be competed among the multiple IDIQ awardees, regardless of value. Based on the requirements of the task order and the initial site visit, the Contractor is responsible to determine the required trades to be performed under the task order. The proposed maximum coefficients in the contract will be applied to the corresponding trades to determine the price. The Contractor shall use the UPB as described in H-5 above and consider the additional line item list in Attachment #5.

PROCEDURES:

(a) As the need exists for performance under the terms of this contract, the CO or his/her representative will notify the Contractor of an existing requirement. The following are procedures for ordering from the contract CLINS (at the task order level).

(1) Upon receipt of the task order solicitation, the Contractor shall respond to the needs of the Government within 2 working days (or a shorter time period during emergency requirements) by visiting the proposed work site in the company of the CO (or authorized representative), US Air Force Engineers and a representative of the using agency (if necessary) to conduct a scope validation site visit and conference during which the following will be discussed (but not limited to):

-Site investigation

-Methods and alternatives for accomplishing work

-Definition and refinement of requirements

-Statement of need

-Requirements for plans, sketches, shop/design drawings, submittals, etc

-Preliminary quantities (NOTE: The Contractor establishes his own detailed quantity estimates for use in developing his proposal.)

(2) Upon establishment of the scope of the individual requirement, the Contractor shall then prepare his technical and cost proposal for submission to the CO (in hard copy and electronic format).

(3) The technical proposal includes (but not limited to) identifying tasks, refining quantities, preparing working drawings detailed engineering plans/drawings (as the requirement exists), developing performance times, and including a detailed statement of proposed work.

(4) The cost proposal shall include UPB line item numbers in numerical order, quantities, and unit cost for each pre-priced work item. The Lump-Sum Ordering Procedure (LSOP) may be used if a better price can be obtained than the UPB. If used, LSOP will clearly identify the scope of that portion of work to be executed by the LSOP method. In some cases, a separation of UPB line items into separate groups will be required. (i.e. New Work, Repair, different funding sources).

(5) Measurements shall be in accordance with units specified in the UPB.

(6) From the date of the site visit, the time allowed for submittal of the Contractor's technical and cost proposal for individual requirements will be as follows, unless otherwise directed by the CO. Classification of projects as Routine, Urgent or Emergency will be determined by the Government.

Routine: UPB proposals shall be delivered to the CO no later than ten workdays after the site visit. Projects will be classified as “routine” approximately 75% of the time.

Urgent: UPB proposals shall be submitted within three workdays after the site visit unless mission dictates a shorter time period. Projects will be classified as “urgent” approximately 18% of the time.

Emergency: UPB proposals shall be submitted within 8 hours after the site visit. Projects will be classified as “Emergency” approximately 7% of the time.

(7) Upon receipt of the Contractor's technical and cost proposal, the Government will review the technical proposal for completeness and reasonableness. The Government will return the technical proposals with comments as required.

(8) If the CO directs a work schedule that is during non-standard hours, then the non-standard working hours coefficient indicated on the Bid Schedule shall be applied for those specific items of work that will be performed during non-standard hours. The standard coefficient (multiplier) price for the remaining items of work to be installed will be applied for standard working hours.

(c) If a project is cancelled prior to acceptance of technical proposals, the Government reserves the right to cancel the requirement without any reimbursement.

H-8. LUMP-SUM ORDERING PROCEDURE (LSOP) ITEMS:

Pricing for each task order will be IAW the Unit Price Book unless more favorable pricing is offered via the LSOP. CLIN 0002 may be used for special items that are not covered by UPB, but are generally within the general intent of the contract. Award will be made to the Contractor providing an acceptable proposal and the best overall price (includes UPB and LSOP).

Support Documents Required for LSOP: The Contractor is required to submit a full LSOP package to include detailed statement of work. The SOW shall address all the items shown in the Standardized Technical Proposal (STP) format. Items to be included (but not limited to) will be construction schedule, phasing plan, subcontracting list, etc.

H-9. TASK ORDER INFORMATION:

(a) Task orders will be issued for CLINS 0001AA, 0001AB, and 0002 by the CO using a Standard Form 1155. Each task order will include the following information:

· Date of the task order.

· Contract number, task order number and project number.

· Scope of work, location (building number) and task order lump sum price, inclusive of UPB and LSOP items.

· Delivery or performance data.

· Accounting and appropriation data.

· Any other pertinent data.

(b) The Contractor's proposal on every task order must be supported by necessary documentation as required, to indicate that adequate engineering and planning to accomplish the requirement have been done so as to minimize any delays in the construction process. Examples of documentation required for submittals that might reasonably be expected include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work etc. All such design submittals must be approved by the CO prior to start of any actual construction or demolition work.

H-10. TIME EXTENSIONS (Weather):

In case of unusually severe weather, a time extension may be granted. The listing below defines the monthly-anticipated adverse weather delay days for the contract period:

The above schedule of monthly-anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days will be recorded by the Contractor on a calendar day basis (include weekends and holidays) and compared to the monthly-anticipated adverse weather days above. The Contractor shall prove to the CO all severe weather delays with a full justification (to include official daily weather report print-outs, concrete curing temperature specifications, etc). The CO reserves the right to deny weather delay claims that are not fully justified.

The number of actual adverse weather days shall be calculated chronologically from the first to the last day in each month. Once the total number of actual adverse weather days anticipated above has occurred, the CO will examine any subsequently occurring adverse weather days to determine whether a Contractor is entitled to time extension. These subsequently occurring adverse weather days must prevent work for 50 percent or more of the Contractor's workday and delay work critical to the timely completion of the project. The CO will convert any delays meeting the above requirements to calendar days and issue a modification.

The Contractor's task order progress schedule must reflect the above anticipated adverse weather delays on all weather dependent activities.

H-11. Warranty Service Requirements:

In addition to FAR clause 252.246-7002, the following applies:

(a) The Contractor shall furnish, as a minimum, 1 primary and alternate name and telephone number of his/her management staff, available 24 hours per day, 7 days per week, for the life of this contract to respond to warranty situations.

(b) Following notification by the CO (or authorized representative), the Contractor shall respond to a warranty service requirement identified by the CO (or authorized representative), in accordance with the “Warranty Service Priority List” of this program. This list prioritizes warranty work into the following categories:

Emergency -- Perform on site inspection to evaluate situation, determine course of action, initiate work within 2 hours and work continuously to completion.

Urgent -- Perform on site inspection to evaluate situation, determine course of action, initiate work within 24 hours and work continuously to completion.

Routine -- All other work to be initiated within 48 hours and work continuously to completion.

Definitions:

Emergency -- Emergency deemed by 435 CES/CEPM or 52 CES/CEPM such as a life-threatening situation caused by a utility outage deemed hazardous to the safety of personnel.

Urgent -- All utilities, including HVAC, plumbing and electrical. Also, intrusion alarm systems, all roof leaks, kitchen equipment, and fire detection/protection and sprinkler systems.

Routine -- All other areas.

(c) Should parts be required to complete the work and these parts are not immediately available, the Contractor shall have a maximum of 12 hours after arrival at the job site to provide the CO with firm, written proposals for emergency alternatives and temporary repairs for Government participation with the Contractor to provide emergency relief until the required parts are available on site for the Contractor to perform permanent warranty repair. The Contractor’s proposals shall include a firm date and time that the required parts shall be available on site to complete the permanent warranty repair. The CO will evaluate the proposed alternatives and select the alternative considered to be in the best interest of the Government to reduce the impact of the emergency condition. Alternatives considered by the CO will include the alternative for the Contractor to “do nothing” while waiting until the required parts are available to perform permanent warranty repair. Negotiating a proposal, which will require Government participation and the expenditure of Government funds, shall constitute a separate procurement action by the Government.

H-12. NOTES REGARDING WORK HOURS:

Standard Working Hours. The Contractor shall perform tasks during the standard working period of 0600 to 1800, Monday through Friday, excluding German Holidays. Standard work hours also apply to work on an American Holiday when the work is pre-approved by the Contracting Officer. The Government estimates that work will be performed during standard hours 90% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

Non-Standard Working Hours. Non-standard working hours are defined as the period from 1800 to 0600, Monday through Friday, as well as weekends and German Holidays. The Government estimates that work will be performed during non-standard hours 10% of the time. This figure is only an estimate. The contractor is not entitled to an equitable adjustment if actual work performed reflects a different value.

Items of work to be accomplished during non-standard hours shall be clearly identified in contractor technical/cost proposals, including justification for the request. The Contractor may elect to work during non-standard hours (1800 to 0600); however, a request must be: a) submitted in writing to the 435 CEG or 52 CES Chief of Engineering at least 48 hours in advance, and b) approved by the Contracting Officer if non-standard pricing coefficients are to be applied. Hours worked without prior notification and the approval of the Contracting Officer will be calculated at the pricing coefficients applied for standard hours. The only exception is for task orders subject to an accelerated construction schedule. Accelerated task orders will have the non-standard working hour coefficient applied to the associated task order line items.

(End of Summary of Changes)