POH004 Amd 0002.pdf

POH004

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

PROJECT DESCRIPTION/LOCATION: Rotary Wing Parking Apron, Wheeler Army Airf ield, Haw aii (POH004)

The purpose of this Amendment is to extend the proposal due date from 31 March 2020, 2PM Alaska Time, to 16 April 2020, 2PM Alaska Time, as w ell as, revise sections as outlined in the attached Summary of Changes page.

All other terms and conditions outlined in the Solicitation remain the same.

POC for this Amendment is Ron Jackson, 907 753-5596.

1. CONTRACT ID CODE PAGE OF PAGES

1 116

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

16C. DATE SIGNED

BY

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 W911KB20R0008

X 9B. DATED (SEE ITEM 11)

27-Feb-2020

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 X is extended, 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

25-Mar-2020

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

Amendment #02 (AM#02)

24 March 2020 Summary of Changes

The identifier “AM#02” appears before and after new and/or revised materials, except as noted below.

a. The following drawings are substituted for the superseded documents/sections:

G-101: Note 2 was changed.

CS520: Moved C5 detail. Added subdrain manhole detail.

CP121: Changed callout to reference the new subdrain manhole detail CP501: The callout in detail C4 has been changed from referencing D2/CP503 to E3/CP503 CP503: Note 2 was changed to “…LOADED TO A MINIMUM OF 50,000 LBS…”.

b. The following drawings are added:

NONE

c. The following revised documents/sections are substituted for the superseded documents/sections:

SECTION 00 21 00 – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

- Paragraph 1.12 PROPOSAL SUBMITTALS is revised.

- Provision 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) is revised.

SECTION 01 57 19 – TEMPORARY ENVIRONMENTAL CONTROLS

- Paragraph 1.8 the following sentence was added: “The following permits will be obtained by the Government: a. NPDES, Notice of General Permit Coverage, Storm Water Associated with Construction Activities.”

- Paragraph 3.2.1 the first sentence was changed to “Comply with the conditions in the State of Hawaii General Permit.

- Paragraph 3.2.1.2 has been changed.

- Paragraph 3.2.1.4 second sentence was changed to “…copies of correspondence with the State of Hawaii Permitting Agency,…”

- Paragraph 3.2.5 the following was added: The Contractor shall comply with USAG-

HI’s Construction Site Runoff Control Enforcement Program, as it applies to all work being performed on any Army Installation in the State of Hawaii. See attached memorandum.

- Paragraph 3.15 ATTACHMENT was added and the attachment Construction Site Runoff Control Program Policy was included.

SECTION 31 00 00 – EARTHWORK

- Paragraph 1.3.12 added the requirement of recycled asphalt pavement to the products section.

SECTION 32 13 14.13 – CONCRETE PAVING FOR AIRFIELDS AND OTHER HEAVY DUTY

PAVEMENTS

- Paragraph 1.1.4.3 Aircraft Arresting Systems has been deleted.

- Paragraph 2.3.1.2 the following sentence was added to the paragraph: “A variation to use testing other than in accordance with ASTM C1260 will not be considered.”

- Paragraph 2.3.2.4 Table 5 Column titled “Severe Weather” has been deleted.

- Paragraph 2.11.1.1 second sentence was changed to “Water and electrical power are available on or close to the project site.”

- Paragraph 2.11.4 the following sentence was added to the paragraph: “Variations to the transfer and spreading equipment requirement will not be considered.”

- Paragraph 2.12.3 the following sentence was added to the paragraph: “The use of an air-entrained admixture is required to achieve the total air content.”

- Paragraph 3.4.2 first sentence was changed to “Operate non-agitating equipment only on smooth roads and for haul times less than 30 minutes.”

d. The following sections are deleted:

NONE

e. Other:

The proposal due date is hereby extended from 31 March 2020, 2PM Alaska Time, to 16 April 2020, 2PM Alaska Time.

f. The following documents will be revised and issued at a later date as a separate amendment:

NONE

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME

(End of Summary of Changes)

Section 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST MAGNITUDE FOR CONSTRUCTION COSTS

1.3 BOND AMOUNT REQUIRED

1.4 PRE-AWARD SURVEYS

1.5 GOVERNMENT SECURITY REQUIREMENTS

1.6 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.7 OFFEROR'S QUESTIONS AND COMMENTS

1.8 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.9 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.10 SITE VISIT / PRE-PROPOSAL CONFERENCE

1.11 ACCURACY IN PROPOSALS

1.12 PROPOSAL SUBMITTALS

1.13 PROPOSAL FORMAT

1.14 JOINT VENTURE PROPOSAL REQUIREMENTS

1.15 SUBCONTRACTING PLAN GOALS

1.16 BUY AMERICAN ACT FOR CONSTRUCTION MATERIALS

1.17 SOLICITATION PROVISIONS

Section 00 21 00 Page 2

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

General Description of Work: Construct a Rotary Wing Parking Apron, concrete taxiways with helipads, concrete aircraft turnaround area and reduce the width of the existing Runway 06-24 at Wheeler Army Airfield, Hawaii. Supporting facilities include site development, utilities, storm drainage, and site improvements. The runway width reduction requires the installation of runway lights and markings at the proper width. It also requires adjustments to the marking and lights at runway-taxiway connections.

1.2. CONTRACT COST MAGNITUDE FOR CONSTRUCTION COSTS

The construction costs will be subject to the funds available for this project. The contract cost magnitude for contract award is approximately $40 Million to $50 Million. Offerors are notified that they are under no obligation to approach this ceiling however the Government may not be able make an award if the cost magnitude set for this project is exceeded.

1.3. BOND AMOUNT REQUIRED

Offeror Guarantee: The requirements for an Offer Guarantee as required in FAR Clause 52.228-1 Bid Guarantee are hereby waived. However, the offeror must submit a letter from their bonding company indicating the offeror’s ability to obtain performance and payment bonds in the amount of the proposal price.

1.4. PRE-AWARD SURVEYS

The Government reserves the right to conduct a pre-award survey of any firm under consideration to confirm any part of the information furnished by the Offeror, or to require other evidence of managerial, financial, technical, and other capabilities, the positive establishment of which is determined by the Government to be necessary for the successful performance of the contract.

1.5. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Alaska District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of

Engineers mail room facility located at PO Box 6898, Joint Base Elmendorf-Richardson (JBER), Alaska 99506-

6898 if it does not contain a return mailing address. There will be no exceptions.

1.6. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the beta.sam website at: http://beta.sam.gov/ via Keyword search using Solicitation No.

W911KB20R0008.

Section 00 21 00 Page 3

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the beta.sam web site (registration required) is available at: http://beta.sam.gov/ via Keyword search using Solicitation No. W911KB20R0008.

1.7. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via the Bidder Inquiry system as indicated below.

All questions and/or comments should be submitted no later than ten (10) calendar days prior to the proposal due date.

a) Bidder Inquiry

b) Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder

Inquiry in ProjNet at http://www.projnet.org/projnet.

c) To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click on continue.

d) From this page you may view all bidder inquiries or add inquiry. A complete listing of all inquiries and responses will be issued by amendment after the inquiry period closes.

e) Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

f) The Solicitation Number is: W911KB20R0008

g) The Bidder Inquiry Key is: 44PTVX-9NN46F

h) The Bidder Inquiry System will be unavailable for new inquires 10 calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

i) Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

j) The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

k) Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.8. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Standard Form 1442, block 10 for the small business size standard/NAICS code.

Section 00 21 00 Page 4

1.9. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.10. SITE VISIT / PRE-PROPOSAL CONFERENCE

A pre-proposal conference/site visit is scheduled for 12 March 2020. Offerors interested should submit a request via email to:

Ron Jackson, Contract Specialist Phone: 907-753-5596 Email: ronald.k.jackson@usace.army.mil

Time, location, and map of the area will be provided to requesting offerors.

1.11. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.12. PROPOSAL SUBMITTALS

AM#02…

As of the RFP issuance date, JBER is only open to essential personnel due to COVID-19. If this situation remains at the time of proposal submission, offerors must submit proposals in accordance with

ELECTRONIC SUBMISSION PROCEDURES below and follow ELECTRONIC FORMAT in paragraph

1.13. If JBER is open to all personnel with active base access, offerors must submit proposals in accordance with HARD COPY SUBMITTAL PROCEDURES below and follow HARD COPY FORMAT in paragraph

1.13. …AM#02

HARD COPY SUBMITTAL PROCEDURES

Offerors must mail or deliver proposals to be received no later than the date and time stated on the standard form

(SF) 1442 or subsequent solicitation amendment. Questions concerning proposal receipt can be directed to the

Contract Specialist / Contracting Officer listed in the solicitation.

Offerors are advised to plan accordingly. No arrangements will be made by the government to assist in proposal delivery. Day-pass procedures will not be used for proposal delivery purposes nor are there proposal pick-up services. No escort services will be provided. It is incumbent on the offeror to plan for unanticipated delays in delivery of proposals. Due to heightened security at Government installations, visitors to Joint Base Elmendorf-

Richardson (JBER) must use the Boniface Gate or Fort Richardson Gate (Visitor Centers). All vehicle occupants are required to wear seatbelts and hand-held cell phone usage by vehicle operators while driving on base/post is prohibited. Violators will lose their Base / Post driving privileges for these offenses.

Section 00 21 00 Page 5

For offerors who will have their proposals hand-delivered, or use personal delivery services such as DHL, UPS or

FedEx, the delivery must be by person, courier or personal delivery service with active base access.

Proposals will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Jackson, Rm 30) PO Box 6898 Joint Base Elmendorf-Richardson AFB, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (Jackson) 2204 Talley Street, Room 30 Joint Base Elmendorf-Richardson, Alaska 99506

Proposals will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30 AM to

4:30PM) Monday through Friday excluding holidays but not later than the date and time stated on the SF1442 or subsequent solicitation amendment. Proposers are advised that the Alaska District Corps of Engineers building has limited access. Only the main door (in front under the Corps of Engineers red flag facing Talley Ave) and the atrium doors (the tan addition to the main building located on Third Street) are open to individuals without a building pass. Room 30 is located in the basement, turn right if using the main stairs or elevator, and it’s the third door on the left. AM#02… There is a date/time stamp located at the front desk in Room 30 and is the official clock used for proposal receipt. The time and date proposals are received will be annotated on a receipt of proposal and provided to the deliverer. …AM#02

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W911KB20R0008, DO NOT OPEN”

AM#02…

ELECTRONIC SUBMITTAL PROCEDURES

OFFERORS MUST SUBMIT PROPOSALS ELECTRONICALLY VIA DoD SECURE ACCESS FILE

EXCHANGE (DoD SAFE) BY SENDING A REQUEST FOR DROP OFF TO THE FOLLOWING EMAIL

ADDRESSES: ronald.k.jackson@usace.army.mil and courtesy copy michelle.r.mandel@usace.army.mil

THIS REQUEST MUST INCLUDE THE FOLLOWING: W911KB20R0008, POH004, ROTARY WING

PARKING APRON, WHEELER ARMY AIRFIELD, HAWAII, AK/ CONTRACT SPECIALIST RON

JACKSON AND CONTRACTING OFFICER MICHELLE MANDEL. THIS REQUEST MUST BE

RECEIVED NO LATER THAN TWO (2) WORK DAYS PRIOR TO THE PROPOSAL DUE DATE. THE

LINK TO DROP OFF THE PROPOSAL WILL BE VALID UNTIL THE DUE DATE AND TIME FOR

PROPOSAL RECEIPT. OFFERORS MUST SUBMIT PROPOSALS TO BE RECEIVED NO LATER

Section 00 21 00 Page 6

THAN THE DATE AND TIME STATED ON THE STANDARD FORM (SF) 1442 OR SUBSEQUENT

SOLICITATION AMENDMENT. QUESTIONS CONCERNING PROPOSAL RECEIPT CAN BE

DIRECTED TO THE CONTRACT SPECIALIST / CONTRACTING OFFICER LISTED IN THE

SOLICITATION. …AM#02

1.13. PROPOSAL FORMAT

HARD COPY FORMAT

(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders. Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein. Within each Tab, it is recommended that the proposal information be presented in the same relative format as the submission requirements are listed.

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number and email address shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section, page number and date submitted shall appear in the bottom right corner of each page

(along with the revision number for the amended page, if necessary). AM#02… Page numbering shall re-start with each Tab. One (1) page is defined as the front of one (1) sheet; the front and back of one (1) sheet will be counted as two (2) pages. The Government will not evaluate any material exceeding the page limitations stated in the RFP. …AM#02

(b) Drawing sheets: Use 11” x 17” for half size drawings.

(c) Electronic Format: Provide CD in searchable, read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.

(d) Number of copies: For Volumes 1, submit one original and three (3) copies of drawings and printed matter

(Bound Volumes), as well as one (1) CD. For Pro Forma Information, Volume 2, submit the original and one copy and one separate CD.

(e) The successful contractor shall provide one (1) searchable, read only electronic (*.pdf) copy of the entire

Volumes 1 and 2.

AM#02…

ELECTRONIC FORMAT

(a) Written materials: 8 ½” x 11” format, using 10 point or larger font size. Each volume will contain a Title

Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein. Within each Tab, it is recommended that the proposal information be presented in the same relative format as the submission requirements are listed.

Section 00 21 00 Page 7

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number and email address shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section, page number and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary). Page numbering shall re-start with each

Tab. One (1) page is defined as the front of one (1) sheet; the front and back of one (1) sheet will be counted as two (2) pages. The Government will not evaluate any material exceeding the page limitations stated in the RFP.

(b) Drawing sheets: Use 11” x 17” for half size drawings.

(c) Electronic Format: Provide proposal in searchable, read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.

(d) Number of copies: For Phase 1, submit one electronic copy as ONE PDF DOCUMENT via DoD SAFE as described in paragraph 1.9. For Phase 2, Volume 1 and Volume 2 must be submitted as two separate documents via

DoD SAFE as described in paragraph 1.9.

The successful contractor shall provide one (1) searchable, read only electronic (*.pdf) copy of the entire Volumes 1 and 2 and one (1) copy of all CADD files using AutoCAD 2007. ...AM#02

1.14. JOINT VENTURE AND LLC PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

If this is an 8(a) or HUBZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

When proposing as a Limited Liability Company (LLC), a member authorized to bind the LLC shall sign the SF

1442. A copy of the LLC Certificate of Organization, Articles of Organization and the Operating Agreement shall be submitted with the proposal.

1.15. SUBCONTRACTING PLAN GOALS

(a) Application. This section applies to large businesses only.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (DEVIATION)

52.219-9, Small Business Sub Contracting Plan (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large Business)

Section 00 21 00 Page 8

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns

-- See Section 00 22 11, paragraph 9.1.3 for recommended subcontracting goals –

1.16. BUY AMERICAN ACT FOR CONSTRUCTION MATERIALS

Your attention is invited to Clause 52.225-12 Notice of Buy American Act Requirement-Construction Materials under Trade Agreements. You are advised to inform your potential subcontractors and suppliers of the Buy

American Act requirements contained in this solicitation. Subparagraph (b) of the clause provides instructions for pre-award determinations as follows: “Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting

Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.” In accordance with FAR Part 25 Foreign Acquisition, subpart 25.205, entitled Post

Award determinations, subparagraph (a), if a contractor requests a determination regarding the inapplicability of the

Buy American Act after contract award, the contractor must explain why it could not request the determination before contract award or why the need for such determination otherwise was not reasonably foreseeable.

1.17. SOLICITIATION PROVISIONS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

52.215-1 Instructions to Offerors--Competitive Acquisition

52.216-1 Type Of Contract

52.217-5 Evaluation Of Options

52.222-5 Davis-Bacon Act--Secondary Site of the Work

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

52.225-12 Notice of Buy American Act Requirement – Construction Materials Under Trade Agreements

52.233-2 Service Of Protest

52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I

52.236-28 Preparation of Proposals - Construction

Section 00 21 00 Page 9

252.236-7008 Contract Prices-Bidding Schedules

PROVISIONS INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

Section 00 21 00 Page 10

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; C2 DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c) (1) (i) and (c) (1) (ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) 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;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

Section 00 21 00 Page 11

(v) 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.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the

Section 00 21 00 Page 12

Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the

Section 00 21 00 Page 13 time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

Section 00 21 00 Page 14

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation

Goals for female participation

AM#02… 8.7% Anchorage 15.1% Locations outside city of Anchorage 69.1% Hawaii

6.9% Alaska Hawaii …AM#02

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

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(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Wheeler Army Airfield, HI

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

Section 00 21 00 Page 16

(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

Physical Address:

Contracting Officer U.S. Army Engineer District, Alaska CEPOA-CT (Jackson) 2204 Talley Ave, Room 30 JBER, Alaska 99506

Mailing Address:

Contracting Officer U.S. Army Engineer District, Alaska CEPOA-CT (Jackson) P.O. Box 6898 JBER, Alaska 99506

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

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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 are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for 12 March 2020.

(c) Participants will be required to provide a request, in writing to the address provided in section 00 21 00 paragraph 1.11 Site Visit/Pre-Proposal Conference with the number of participants and contact information.

(End of provision)

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

Section 00 21 00 Page 17

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a…