MACC RFP FA9401-12-R-0002 Amendment 2.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to accomplish the follow ing:

1) Amend Section A to decrease delivery order maximum amount from $10,000,000.00 to $3,000,000.00.

2) Amend Section H 1.20 to decrease Task Order maximum amount from $10,000,000.00 to $3,000,000.00.

3) Amend Clause 52.216-19 (Order Limitations) to decrease maximum order amounts from $10,000,000.00 to $3,000,000.00.

4) Amend Section L, Table 2.2 to reflect ITO Paragraph Number for location of Volumes I through V.

5) Amend Section L, 3.0 removing statement, “The Executive Summary Section is not included in the Volume I page limitation”.

6) All other terms and conditions remain unchanged.

Contract Administrator: Gilbert L. Martinez; Email: gilbert.martinez@kirtland.af.mil; Phone: (505)846-2921

1. CONTRACT ID CODE PAGE OF PAGES

J 1 25

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 22-Mar-2012

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X FA9401-12-R-0002

X 9B. DATED (SEE ITEM 11)

09-Mar-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

22-Mar-2012

CODE

AFNWC/PKOD

2000 WYOMING BLVD SE

BLDG 20604

ALBUQUERQUE NM 87117

FA9401 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

FA9401-12-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The delivery order maximum amount has decreased by $7,000,000.00 from $10,000,000.00 to

$3,000,000.00.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION H

CLAUSES INCORPORATED BY FULL TEXT

1.1 AFNWC/PKOD – HAZMAT HAZARDOUS MATERIAL

All HAZMAT contemplated for use or brought on base for the purpose of this contract, must be coordinated through the Environmental Compliance 377MSG/CEANC. Contractor must provide the Quality Assurance Personnel and

CO with a copy of the MSDS (Material Safety Data Sheet) prior to using the HAZMAT and maintain a copy at the work site at all times that work is being performed. Failure to comply with these requirements may result in withholding of payment.

1.2 CONTRACTOR PASSES, SECURITY AND ANTITERRORISM

(a) The contractor shall obtain base identification and vehicle passes for all contractor personnel who make frequent visits to or perform work on Kirtland Air Force Base.

Due to heightened security requirements, prior to obtaining base identification and vehicle passes, each person desiring to work on base must undergo a background screening. The following information is required in order to conduct background checks: Full Name, date of birth, social security number, and driver’s license number and state (only if requesting to drive). The preceding information may be transmitted to the cognizant contracting officer or administrator via e-mail, USPS, or fax. Please allow up to 14 days for completion of the background check for U.S. Citizens and 30 days for all others and response from the contracting office. If any individual is disapproved for base access, the contractor will be notified of the failure, but this does not excuse them from performance of the contract.

(b) After receiving notification of a successful background check, the contractor shall submit a written request on company letterhead (sample formats are available upon request) to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. Individual letters must be accomplished for each employee. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes.

(c) When reporting to the registration office/visitor center, the authorized contractor individual(s) should provide a valid and current drivers license, vehicle registration, and proof of vehicle insurance certificate/card.

(d) The possession and use of the AF Form 75 is intended solely for individuals performing contractual related duties. Any other use or transfer of the pass is strictly prohibited.

(e) Contractor personnel are required to wear or prominently display installation identification badges, or contractor-furnished identification badges, while visiting or performing work on the installation.

(f) Upon completion or termination of contract requirements, all base identification, vehicle/visitor passes, and

Common Access Cards (CACs), if applicable , must be returned to the contracting officer prior to issuance of final payment.

(g) The prime contractor shall provide an antiterrorism awareness brief to all employees, including subcontractors, their employees and all temporary day laborers. The use of the Contractor Antiterrorism

Awareness pamphlet, provided by the Contracting Officer, suffices for this brief. This brief is an annual requirement for contracts which have exercised options. The contractor shall document training and provide records to the Contracting Officer upon request.

1.3 FEDERAL LEGAL HOLIDAYS

The following Federal legal holidays are observed by this base:

New Year’s Day 1 January

Martin Luther King’s Birthday 16 January

President’s Day 20 February

Memorial Day 28 May

Independence Day 4 July

Labor Day 3 September

Columbus Day 8 October

Veterans Day 12 November

Thanksgiving Day 22 November

Christmas Day 25 December

NOTE: Any of the holidays falling on Saturday will be observed on preceding Friday; holidays falling on Sunday will be observed on the following Monday.

1.4 MINIMUM/MAXIMUM CONTRACT AMOUNTS

The contract minimum guarantee is $2,000 per contract applicable to the base year of performance only. All contractor’s receiving award, with the exception of the highest rated awardee receiving a Task Order for the “seed project”, will receive a Task Order with a value of $2,000 for the MACC orientation seminar to satisfy the contract minimum requirement. No additional travel costs will be in reimbursed. The seminar is an open forum discussion on the MACC program and shall provide a contract overview covering several program requirements and procedures to include partnering, contract administration, design/engineering perspectives, quality control program, security/base access processes, construction management processes and site specifics associated with each base. Attendance is mandatory. It will be up to the Contractors to determine which members of their team attend. It is highly encouraged that key team members attend that are intimately involved with design/build, superintendence, quality control and program/project management. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The maximum aggregate amount of the MACC program, inclusive of all awarded MACC contracts and Task Orders, including options, shall not exceed $64,000,000.00.

1.5 COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

1.6 PLACE OF PERFORMANCE

The Place of Performance will be designated on each individual Task Order.

1.7 PROPOSAL PREPARATION COSTS

The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task

Order.

1.8 REQUIRED INSURANCE (IAW FAR 28.306(b))

Reference FAR clause entitled “52.228-5 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) Workman’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 statutory or administrative requirements in any such State will be satisfactory. The required Workman’s

Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit 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.

1.9 INSURANCE CERTIFICATE

The contractor agrees to execute an insurance certificate with the Contracting Office in accordance with Section H, Required Insurance. This certificate shall be executed on the form entitled “Acknowledgment and Certification of compliance with Contract Insurance Requirements”.

1.10 DAVIS BACON WAGE DETERMINATION

Individual Task Orders will be subject to one or more of the applicable Wage Determinations at the time of contract award (see Section J, List of Attachments).

1.11 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontracts. The contractor shall ensure Task Orders are completed within the stated requirements. The contractor is responsible for ensuring subcontracting opportunities are made available to small, small disadvantaged, women owned businesses, service disabled veterans, and HUBZone businesses in accordance with the goals of the contract. Reporting responsibilities for Large Business Concerns, if applicable, shall be in accordance with FAR Clause 52.219-9.

1.12 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 his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting

Officer.

1.13 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

1.14 PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. In support of the command’s goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. Formal partnering may be required prior to and/or during performance of an individual Task Order, if determined necessary by the Government. Partnering shall be held during normal work hours.

1.15 PERFORMANCE EVALUATIONS

At the conclusion of each Task Order for construction over $500,000.00, the Contracting Office will complete a contractor’s performance evaluation and input into CCASS/ACCAS. The evaluation will take into account all aspects of the contractor’s performance. Performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations may have an impact on the award of future Task Orders.

1.16 SUBSTITUTIONS OF KEY PERSONNEL AND KEY SUBCONTRACTORS

The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced and shall be no less than the standard established in the hiring criteria described in the contractor’s proposal. No change in Task Order pricing may occur as a result of key personnel substitutions.

The contractor shall notify the contracting office of the proposed substitution of key subcontractors (including design subcontractors) at least 30 days in advance of the substitution.

1.17 PAYMENT FOR MATERIALS STORED ON SITE

(a) This clause implements, but does not replace, FAR 52.232-5, Payment Under Fixed-Price Construction

Contracts, with regard to material payments.

(b) Consideration for payment under this contract for materials stored on site is subject to the following conditions:

1) The Contractor shall furnish the Contracting Officer a list of the major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the Contracting Officer will be entered on the AF Form 3064, Contract Progress

Schedule, as a percentage factor, or factors if items are listed individually.

2) Payment is limited to major high-cost items. Payment of major high-cost items does not include

Contractor overhead and profit. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

3) Payment requests shall be consistent with approved material submittals and shall be supported by the following documents:

Certified paid vendor invoices.

Inventory checklists, jointly validated by the contractor, contract administrator, and/or construction inspector.

Accepted delivery tickets, if applicable.

4) All material for which payment is requested shall be delivered to an approval location on-site, and certified that none will be removed without written permission of the Contracting Officer. Materials may also be stored in a bonded warehouse offsite if there is no adequate storage space on base.

5) Payments will be made monthly, or at more frequent intervals as determined by the Contracting

Officer.

6) The Contractor shall remain responsible and retain title to the materials until incorporated into the work.

1.18 TASK ORDER PROCEDURES

(a) Work under this contract will be ordered by written Task Orders issued on DD Form 1155 (Order for

Supplies or Services) by the Contracting Officer.

(b) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in sequential numbering system, which relate back to the basic contract and their assigned

Task Order number.

(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. Requests for proposals will indicate funds availability. The

Government may request proposals with no assurance of funding and provides no assurance that Task

Orders will be issued.

(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 part of the Request for Proposal.

(e) Task Order projects may be non-complex performance oriented tasks requiring minimal design, may be construction of Government provided design, may be complex construction requiring design development for design-build construction, or a combination thereof. 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 provide 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 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 periously 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 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.

(g) 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 Request for Proposal (TORFP) if a contractor will not participate in the walk through or submit a proposal on a Task Order.

1.19 Competition

(a) Only the contractors awarded contracts as a result of this RFP will compete for subsequent Task Orders.

These contractors are encouraged to participate in all site visits and submit proposals. 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.

Occasionally, (generally during the last quarter of the fiscal year) the Government will solicit offers for projects for which funds are not certified nor readily available. Air Force Material Command refers to these acquisitions as “Special Advance Authority” (SAA) or “Normal Straddle Bid” (NSB) projects. Under SAA 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 SAA projects, the Request for Quote 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 “SAA” projects.

(b) A minimum of two proposals on Task Orders will satisfy competition requirements and preclude the necessity of soliciting for a replacement contractor if for any reason one of the contracts is terminated or one of the contractors is excluded from participation in the process.

(c) 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 the criteria specified. The Contracting Officer’s decision as to the selection for award of a Task Order is not protestable unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract program.

(d) 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.

1.20 DESCRIPTION OF SUBSEQUENT TASK ORDERS

Task Orders will range from $2,000.00 to $3,000,000.00, with most Task Orders falling in the range below

$200,000. Task Order projects may require either a single discipline or multi-disciplined design services for airfield pavement or any aspect of general building construction for new, renovation and addition type projects. Projects may also require comprehensive interior design, lead and asbestos abatement and incorporation of sustainable features. Some projects may require only minimal design or no design.

1.21 SUBSEQUENT TASK ORDER EVALUATION CRITERIA

Subsequent Task Orders may be awarded on price, past performance, best value, performance price tradeoff process or low price, technically acceptable basis. If the Government decides to issue the Task Order as a best value using the trade off process, award factors will vary depending on the unique requirements of each Task Order. The following sample criteria may be evaluated, in addition to price or cost:

(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) Rational for the proposed materials, type, and quantities.

(l) Sustainable design features

1.22 PERFORMANCE AND PAYMENT BONDS – APPLICABLE TO INDIVIUAL TASK ORDERS

Contractors shall furnish Performance and Payment Bonds (Standard Form 25/25A) with good and sufficient surety or sureties, acceptable to the Government. The penal sums of the bond will be as shown below has been received and accepted by the Contracting Officer.

(a) Performance Bond: Unless the Contracting Officer determines that a lesser amount is adequate for the protection of the Government, the penal sum of the performance bonds (Standard Form 25) shall equal one hundred percent (100%) of the contract price for each Task Order.

(b) Payment Bond:

1) Shall equal 100% of the contract price for each Task Order.

2) One of the following is required:

i. A payment bond.

ii. An irrevocable letter of credit (ILC).

iii. A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, an escrow agent, and all of the suppliers of labor and material.

The escrow agreement shall establish the terms of payment under the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

iv. Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the Contracting Officer, in an acceptable form, executable by the Contracting Officer.

v. A deposit of the types of security listed in FAR 28.204-1 and 28.204-2.

3) Bonds are due within 10 days of the receipt of the Task Order.

1.23 PROPOSAL GUARANTEE (BID BOND)

SEED PROJECT: A bid bond for 20% of the proposed price is required for the “seed project”.

SUBSEQUENT TASK ORDERS: Individual proposal guarantees (bid bonds) of at least 20% of the proposed price may be required from all offerors competing for award of all subsequent Task Orders. The requirement for a guarantee will be included in the Task Order Request For Proposal (TORFP).

Bid bonds will only be waived for those projects designated “Special Advance Authority” as stated on the TORFP and at the discretion of the Contracting Officer.

1.24 REPLACING MACC CONTRACTORS

Should one or more of the incumbent MACC contractor’s options not be exercised, or if termination of contract(s) occurs, the process for selecting replacement contracts shall follow the same process and procedures as used in selecting and awarding the basic MACC awards.

1.25 ENVIRONMENTAL COMPLIANCE

Offerors are reminded of the environmental requirements contained in the solicitation to comply with all applicable federal state, and local environmental statutes and regulations. In addition to the scrutiny of civil environmental regulatory agencies, environmental compliance incidental to Air Force activities or on Air Force property is subject to Air Force scrutiny. The Air Force routinely investigates environmental violations and compliance.

1.26 INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and its employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.27 UTILITY SERVICES (IAW FAR 36.514)

The Contractor will be required to participate in all Air Force energy conservation programs. Utility services furnished to the contractor by the Government from the Government’s existing system outlets and supplies will be at no cost to the contractor, but see contract clause titled FAR 52.236-14, “Availability and Use of Utility Services” in

Section I.

1.28 SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations. Further, the contractor shall be held liable for all costs associated with such damages. Such costs include not only the costs to properly repair the damaged utility, but any direct costs incurred by the Government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the Government due to loss of power and/or facility evacuation arising from the utility damage. Contractors are to field verify and mark location of utilities shown on construction permit.

1.29 DESIGNATION OF GOVERNMENT INSPECTOR

The Base Civil Engineer or his authorized representative (Base Maintenance Contract (BMC) contractor) is designated as the representative of the Contracting Officer for the purpose of performing Construction Contract

Quality Assurance for the Government, which includes performing technical surveillance and monitoring workmanship and compliance with the plans and specification under this contract. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of this contract.

1.30 PREPARATION OF SCHEDULES FOR CONSTRUCTION CONTRACTS

The reports contemplated by FAR Clause 52.236-15 titled “Schedules for Construction Contracts” in Section I shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule” and AF Form 3065, “Contract Progress Report” unless a network schedule is specifically requested.

SECTION I - CONTRACT CLAUSES

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3,000,000;

(2) Any order for a combination of items in excess of $3,000,000; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

GENERAL PROPOSAL PREPARATIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1.0 Program Structure and Objectives

This is an acquisition for a Multiple Award Construction Contract (MACC) to provide indefinite delivery/indefinite quantity and design-build construction efforts to support the 377 MSG/CE mission at Kirtland AFB, New Mexico.

This acquisition will encompass requirements that have, in the past, been acquired utilizing the Base Maintenance

Contract (BMC).

The multiple award contracts will accomplish all construction requirements (except MILCON) that have been completed by the current BMC contractor since 2000. This work will consist of multiple disciplines in general construction categories in a broad range of maintenance, repair, minor and/or new construction. Project requirements will be provided to the contractor by the Base Civil Engineering contractor by such means as a previously designed project, simplified design or by a design-build statement of work. Task order limits will be from $2,000 to

$10,000,000. The contractor shall provide all material, equipment, labor and general conditions to accomplish design, maintenance, repair, and minor construction projects in an expeditious manner. The work may include facility upgrades, utility work, airfield pavement, roads, painting, roof repair/replacement and other assorted repair and maintenance projects. The construction work includes tasks in various trades such as carpentry, asbestos abatement/removal, demolition, mechanical, electrical, plumbing, concrete masonry, painting and paving. Locations of work will be at Kirtland AFB, NM, and other areas supported by Kirtland AFB. The work will be accomplished for the 377 th

ABW, AFNWC, AFRL, AFOTEC, 58

th

SOW and a number of other smaller tenants located at Kirtland

AFB, NM.

1.1. Budget/Funding Information

For consideration in developing your proposal, the program/budget funding is as follows:

Seed Project Funded and any future Task Orders will be funded through Normal Straddle funding i.e, requirements are identified and estimated costs are identified, programmed with funding readily available.

2.0 General Instructions

(a) The offeror's proposal must include all data and information requested by this ITO and must be submitted in accordance with these instructions. The offer shall be compliant with the requirements as stated in the Statement of Work (SOW), Statement of Objectives (SOO), Performance Work Statement (PWS), Non-conformance with the instructions provided in this ITO may result in an unfavorable proposal evaluation.

(b) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the offeror's proposal.

(c) Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

(d) The proposal acceptance period is specified in Section A of the model contract/solicitation. The offeror shall make a clear statement in Section A of the proposal documentation volume that the proposal is valid through this date.

(e) In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

(f) A pre-proposal conference will be held on 30 Mar 2012. All prospective offerors are highly encouraged to attend this conference. In order to make the conference as productive as possible, offerors should submit, no later than five (5) calendar days before the conference, any questions they may have in writing to gilbert.martinez@kirtland.af.mil. Failure of a prospective offeror to submit any questions will be construed to mean that the prospective offeror fully understands all requirements of the solicitation. Prospective offerors are advised that the pre-proposal conference will be held solely for the purpose of explaining the specifications, terms, and conditions of this solicitation to include the “Seed Project”. All questions must be submitted in writing. Answers to questions will be posted to Fed Biz Ops within seven (7) business days following the conference. All prospective offerors are advised that this solicitation will remain unchanged unless it is specifically amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as described in contract clause 52.215-1, Instructions to Offerors-Competitive Acquisition, of this RFP shall apply.

Notice to Offerors: Offerors are encouraged to submit all questions and requests for clarifications no later than five

(5) calendar days prior to the RFP closing date. The decision whether to respond to questions and requests for clarification made less than five (5) calendar days prior to the RFP closing shall be at the sole discretion of the contracting officer.

2.1 General Information

2.1.1. Point of Contact

The Contracting Officer (CO) is the sole point of contact for this acquisition. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO at the address located in Section

A of the model contract/solicitation.

2.1.2. Debriefings

The CO will promptly notify offerors of any decision to exclude them from the competitive range; whereupon, they may request and receive a debriefing in accordance with FAR 15.505. Offerors excluded from the competitive range may request a preaward debriefing or they may choose to wait until after the source selection decision to file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/FAR15.DOC%23b15505 request a postaward debriefing. However, offerors excluded from the competitive range are entitled to no more than one debriefing for each proposal. The CO will notify unsuccessful offerors in the competitive range of the source selection decision in accordance with FAR 15.506. Upon such notification, unsuccessful offerors may request and receive a debriefing. Offerors desiring a debriefing must make their request in accordance with the requirements of

FAR 15.505 or 15.506, as applicable.

2.1.3. Discrepancies

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale as well as the remedies the offeror is asking the CO to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. This reservation includes matters of additional or substitute pages of the initial proposal.

2.1.4. Electronic Reference Documents

All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

2.1.5. Oral Presentations

Not Applicable

2.1.6 Communications

Exchanges of source selection information between Government and offerors will be controlled by the CO. Email may be used to transmit such information to offerors only if the email can be sent and received encrypted and includes “Source Selection Information – See FAR 2.101 & 3.104” in the Subject line. Otherwise, source selection information will be transmitted via registered mail at the contractor’s expense.

2.2 Organization/Number of Copies/Page Limits

The offeror shall prepare the proposal as set forth in the Proposal Organization Table (Table 2.2 below). The titles and contents of the volumes shall be as defined in this table, all of which shall be within the required page limits and with the number of copies as specified in Table 2.2. The attachments identified in the table shall be separately bound in three-ring, loose-leaf binders, as necessary. The contents of each proposal volume are described in the ITO paragraph as noted in the table below:

Table 2.2 - Proposal Organization

VOLUME ITO Paragraph Number

VOLUME TITLE COPIES

Hard/Elec

PAGE LIMIT

I 3.0 Executive Summary 5/1 3 II 4.0 Technical/Technical Risk 5/1 40 III 5.0 Past Performance 5/1 30 IV 6.0 Cost/Price 5/1 Unlimited V 7.0 Contract Documentation 1/1 N/A

2.2.1 Page Limitations

Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read or considered in the evaluation of the proposal and excess paper copies will be returned to the offeror as soon as practicable. Page limitations may be placed on responses to Evaluation Notices (ENs). The specified page limits for EN responses will be identified in the letters forwarding the ENs to the offerors. Each page shall be counted except the following:

drawings, and specifications.

Past Performance citations for IDIQ contracts will be handled in terms of all associated Task Orders, as required by

CCAS.

file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/FAR15.DOC%23b15506 http://www.fedbizopps.gov/ file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/Far02.doc%23T2101 file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/FAR03.DOC%23b3104

2.2.1.1. Page Size and Format

(a) A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 x 11 inches, not including foldouts.

Pages shall be numbered. Except for the reproduced sections of the solicitation document, the text size shall be no less than 12 point. Tracking, kerning, and leading values shall not be changed from the default values of the word processing or page layout software. Use at least 1 inch margins on the top and bottom and ¾-inch side margins.

Pages shall be numbered sequentially by volume. These page size and format restrictions shall apply to responses to

ENs.

(b) Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible, and shall not exceed 11 x 17 inches in size. Foldout pages shall fold entirely within the volume, and an 11 x 17 inch page will constitute two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 12 point.

2.2.2 Cost or Pricing Related Data

All cost or pricing data shall be addressed ONLY in the Cost/Price Proposal and Contract Documentation Volumes.

Cost trade-off information, work hour estimates, and material kinds and quantities may be used in other volumes only as appropriate for presenting rationale for alternatives or design and trade-off decisions. Offerors have been provided a Seed Project Price Schedule (Attachment 31) and Seed Project’s Price Schedule (Attachment 32) on which to submit a Price Proposal for evaluation.

2.2.3 Classified Information

2.2.4 Cross-Referencing

To the greatest extent possible, each volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal.

Cross-referencing within a proposal volume is not permitted

2.2.5 Indexing

Each volume shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections.

2.2.6 Glossary of Abbreviations and Acronyms

Each volume shall contain a glossary of all abbreviations and acronyms used, and with an explanation for each.

Glossaries do not count against the page limitations for their respective volumes.

2.2.7 Binding and Labeling

Each volume of the proposal should be separately bound in a three-ring, loose leaf binder permitting the volume to lie flat when open. Staples shall not be used. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification, and the offeror's name. The same identifying data should be placed on the spine of each binder. All unclassified document binders shall have a color other than red or other applicable security designation colors. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), Restriction on disclosure and use of data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

2.3 Electronic Offers

The content and page size of electronic copies must be identical to the hard copies. For electronic copies, indicate on each CD the volume number and title. Use separate files to permit rapid location of all portions, including subfactors, exhibits, annexes, and attachments, if any. The offeror shall submit volumes II through IV in electronic format, using recordable CDs. Each volume shall be in a different directory on a CD. If files are compressed, the necessary decompression program must be included. The electronic copies of the proposal shall be submitted in a file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/FAR52.215.doc%23b522151 file:///C:/Users/MartiGil/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/AFAC%20Working%20Folders%20--%20PM/far/FAR03.DOC%23b31044 format readable by Microsoft (MS) Office Word 2007, MS Office Excel 2007, MS Office Project 2007, and MS

Office Power Point 2007, as applicable. In the event that hard copies and electronic copies of a proposal are submitted and if there are any discrepancies between the hard copies and the electronic copies of the proposal, the hard copies will be used for evaluation.

2.4 Distribution

The "original" proposal shall be identified. Proposals shall be addressed to the CO and mailed or hand carried to:

AFNWC/PKO

ATTN: Gilbert Martinez

2000 Wyoming Blvd SE, Bldg. 20604 Rm. B-9

Kirtland AFB, NM 87117

Be sure to advise the Administrative Contracting Officer (ACO) and the Defense Contract Audit Agency (DCAA) for prime and subcontractors that the proposal is "For Official Use Only" and "Source Selection Information--See

FAR 2.101 and FAR 3.104".

3.0 Volume I - Executive Summary

In the executive summary volume, the offeror shall provide the following information: Summary of the key points from the offeror’s Technical/Technical Risk, Past Performance, and Cost/Price areas.

3.1 Narrative Summary

The narrative summary of the entire proposal should be concise, to include addressing the significant risks, and highlighting any key or unique features, excluding cost/price. The salient features should tie in with Section M evaluation factors/subfactors. Any summary material presented here shall not be considered as meeting the requirements for any portions of other volumes of the proposal.

3.2 Table of Contents

Include a master table of contents of the entire proposal.

4.0 Volume II - Technical Volume

4.1 General

The Technical Volume should be specific and complete. Legibility, clarity, and coherence are very important. Your responses will be evaluated against the Technical subfactors defined in Section M, Evaluation Factors for Award.

Using the instructions provided below, provide as specifically as possible the actual methodology you would use…