EIE384-Amendment_1_package.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

EIE384/FTQW180103 F-35 AGE Facility/Fill Stand. Eielson AFB, AK

a. This amendment provides changes to the solicitation as indicated on the continuation page(s) of this document.

b. PROPOSAL DUE DATE IS UNCHANGED AND REMAINS 18 MAY 2017 AT 2:00 PM ALASKA TIME. Proposals must be submitted in accordance w ith Section 00 21 00, paragraph 1.12, Proposal Submittals.c. YOU ARE REQUIRED TO ACKNOWLEDTGE RECEIPT OF THIS

AMENDMENT ON THE REVERSE SIDE OF THE STANDARD FORM 14421

1. CONTRACT ID CODE PAGE OF PAGES

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

16C. DATE SIGNED

BY 27-Apr-2017

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 W911KB-17-R-0039

X 9B. DATED (SEE ITEM 11)

18-Apr-2017

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 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

27-Apr-2017

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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

a. The following drawing is substituted for the superseded documents/sections:

NONE

b. The following revised documents/sections are substituted for the superseded documents/sections. The identifier “AM#001” appears before and after new and/or revised materials, except as noted below.

RFP COVER SHEET

-Replace Cover Sheet

RFP TABLE OF CONTENTS

-Replace Table of Contents

SECTION 01 11 01 – PROPOSAL SCHEDULE

-Replace Proposal Schedule

SECTION 00 21 00

-Revised 52.233-2 SERVICE OF PROTEST

SECTION 00 22 10 – PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

-Revised paragraphs 3.0, 5.1, 5.2.2 and 6.1.1

SECTION 00 22 20 – PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS

FOR AWARD

-Revised paragraph 5.3.1

SECTION 00 72 00 – CONTRACT CLAUSES

-Reissuing entire section for the following changes:

---Revise 52.211-12 ---Include 52.217-5, 52.217-7 and 252.236-7005

SECTION 00 73 00.00 29 – SPECIAL CONTRACT REQUIREMENTS

-Replace entire section

SECTION 01 10 00 – STATEMENT OF WORK SYNOPSIS

- Replace page

NOTE: Revisions within the following documents do not contain the above referenced identifiers:

SECTION 00 73 46 – WAGE DETERMINATION SCHEDULE

-Replace Wage Determinations, AK1 dated 04/21/2017

c. The following sections are deleted:

d. The following documents are added:

e. The following revisions are incorporated:

f. Other:

(End of Summary of Changes)

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN THE SAME.

DESIGN BUILD

REQUEST FOR PROPOSAL

US Army Corps of Engineers Alaska District

EIE384

(FTQW180103)

F-35A AGE FACILITY / FILLSTAND

EIELSON AIR FORCE BASE, ALASKA

W911KB-17-R-0039

APRIL 2017

AM#001

F-35A AGE FACILITY / FILLSTAND W911KB-17-R-0039

EIE384 RFP

i

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

DIVISION 00 – PROPOSAL REQUIREMENTS, CONTRACT FORMS AND

CONDITIONS

00 11 00 SF1442

00 11 01 PROPOSAL SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

00 22 10 PHASE 1 OF 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS

FOR AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION SCHEDULE

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 STATEMENT OF WORK -- SYNOPSIS

F-35A AGE FACILITY / FILLSTAND W911KB-17-R-0039

EIE384 RFP

PS-1

PROPOSAL SCHEDULE

F-35A AGE FACILITY / FILLSTAND

EIELSON AFB, ALASKA

BASE ITEMS

Item No.

Description Estimated Quantity

Unit Unit Price Amount

0001 Design F-35A Aerospace Ground Equipment (AGE) Facility / Fillstand, complete

1 Job $_________ $_________

0002 Construct F-35A Aerospace Ground Equipment (AGE) Facility / Fillstand within the building 5-foot line, complete.

1 Job $_________ $_________

0003 Construct site work and utilities beyond the Building 5-foot line, complete.

1 Job $_________ $_________

Total of Base Items 0001 thru 0003 $_________

OPTION ITEMS

Item No.

Description Estimated Quantity

Unit Unit Price Amount

0004 Remove, Sample Stockpile 1200 Cubic Yards of POL Contaminated Soil Including Construction of Holding Cells, complete*.

1200 CY $_________ $_________

0005 Provide Temporary Utilities independent of existing Base utilities, complete**.

1 Job $_________ $_________

0006 Design and construct hydronic in-slab radiant heat snow melt system at ramped entrances, complete**.

1 Job $_________ $_________

0007 Design and construct high ceiling mounted large diameter propeller fans throughout the High-bay Area.**

1 Job

Total of Optional Items 0004 thru 0007 $_________

PS-2

TOTALS

Total of Base and Optional Items 0001 thru 0007 $_________

Proposed Contract Duration: ____________________

* Work on CLIN 0004 shall be the cost for work identified in Specs 02 61 13 “Excavation and Handling of Contaminated Material” and Section 01 57 20.01 29 “Environmental Protection” that is additional to the requirements of the normal project excavation and the field screening identified in Section 31 09 20.00 29 “Field Screen Testing of Soils for POL Contamination”. For CLIN 0004, the Contractor shall keep a record of the amount of contaminated soil being excavated and disposed of. If the amount of contaminated soil being excavated & disposed of is above 115% or below 85% of the estimated quantity, the equitable adjustment will be in accordance with FAR CLAUSE 52.211-18, VARIATION IN ESTIMATED QUANTITY. For CLIN 0004, this option can be awarded at any time during the Construction Contract period.

** For CLINs 0005, 0006 and 0007, these options can be awarded at any time during the Construction Contract period.

EVALUATION OF OFFERS.

1. AWARD: Award will be made in accordance with Section 00 22 20 – BASIS FOR AWARD.

2. INCOMPLETE OFFERS: Failure to submit an offer on all items in the schedule constitutes an incomplete offer. Incomplete offers may be rejected. Lump sum or unit prices must be shown for each item within the schedule.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

4. SPECIAL CONDITION: If a modification to an offer based on unit prices is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the proposal schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the proposal schedule.

-- END OF PROPOSAL SCHEDULE --

Section 00 21 00 W911KB-17-R-0039

EIE 384

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

TRADE AGREEMENTS (FEB 2009)

(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 Act-- 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 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 FAR clause 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.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, 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.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

AM#001

Physical Address:

Contracting Officer U.S. Army Engineer District, Alaska

CEPOA-CT

2204 3rd Street, Room 30 JBER, Alaska 99506

Section 00 21 00 W911KB-17-R-0039

EIE 384

Mailing Address Contracting Officer U.S. Army Engineer District, Alaska

CEPOA-CT

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)

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

(b) A Site visit will be scheduled; an amendment will be issued to provide the site visit 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

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

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

Section 00 22 10 W911KB-17-R-0039

EIE384

Section 00 22 10

1.0 OVERVIEW

1.1. In Phase 1 of the 2 phase design-build selection procedure, interested firms or joint venture entities (referred to as “offerors”) submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described herein and intends to select not more than three (3) of the most highly qualified Phase 1 offerors to submit Phase 2 proposals. The intent of the solicitation, however, is to obtain the best value proposal, therefore the Government reserves the right to select additional offerors (not more than five (5)) to participate in Phase 2 if it is determined to be in its best interest.

1.2. In Phase 2, the short-listed offerors will submit proposals in accordance with Section 00 22 20.

1.3. The short-listed Offerors will be announced by special notice or synopsis to the Federal Business Opportunities website (https://www.fbo.gov).

2.0 GENERAL INSTRUCTIONS

2.1. Firms formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals.

Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal. To qualify for Phase 2, the Offeror or Offeror’s subcontractor has to have or will have to have professional architects and engineers, registered in the appropriate technical disciplines in compliance with the requirements specified in Contract Clause, “Requirements for Registration of Designers” and All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

2.2. Submit the Phase 1 proposal in a tabbed, three-ring binder. Note that the Government will not evaluate any material that exceeds the page limits indicated in the sections below. PHASE 1 DOES NOT INVOLVE PRICING SUBMISSION.

3.0 PHASE 1 PROPOSAL AND RELATED EVALUATION FACTORS

Location Factor Number Description Relative Importance

Tab A SF 1442 and Proposal Data Sheet N/A

Tab B Factor 1 Specialized Experience 1st (Equal to Factor 2, slightly more important than Factor 3

Tab C Factor 2 Past Performance (Confidence Assessment)

1st (Equal to Factor 1, slightly more important than Factor 3

Tab D Factor 3 Organization 2nd (Slightly less important than Factor 2, more important than Factor 4)

Tab E Factor 4 Technical Approach 3rd (Less important than Factor 3)

4.0 TAB A - STANDARD FORM 1442 AND PROPOSAL DATA SHEET

4.1. Submit the SF 1442, completed and signed by a person authorized by the Offeror. Include the completed proposal data sheet (See Attachment 1, provided at the end of this Section). Also include joint venture agreement or LLC Certificate of Organization, Articles of Organization and the Operating Agreement, if applicable (see Section 00 21 00, paragraph 1.11).

AM#001

https://www.fbo.gov/

Section 00 22 10

5.0 TAB B – FACTOR 1 - SPECIALIZED EXPERIENCE

5.1. SUBMISSION REQUIREMENTS

The prime contractor and designer of record design firms for civil, architectural, structural, mechanical and electrical design shall each demonstrate recent, relevant experience on similar projects, using the Company Specialized Experience – Construction or Prime Contractor form (Attachment 2), and the Company Specialized Experience – Design Firm or In-House Design Capability form (Attachment 3) at the end of this Section (no more than 2 pages per project). Offerors may identify state and local government and private contracts that are similar to the Government’s requirements. If the offeror is a joint venture, each firm of the joint venture shall provide information demonstrating experience relevant to their role on this project. Submit projects that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer than ten (10) years preceding the date of this Solicitation. Project examples should be limited to those projects performed by the firm submitting an offer. The Government will only evaluate the experience of the firm submitting the offer. The requirements of this factor cannot be met through the experience of the offeror’s parent, affiliate, or separate division. An offeror may receive credit for relevant experience under a previous business arrangement (joint venture for example) if the offeror demonstrates that their role on the submitted project is relevant to their role on this project. The offeror shall select the design firm(s). Design firms may list projects of prime contractors they have worked for, or projects directly contracted with Government, private or commercial customers. If projects were design-build, so identify them. Submit no more than five (5) projects for the prime contractor for the below facility type or equivalent or similar commercial or institutional type facility. Submit no more than six (6) projects total for the design firms and consultant, if applicable, and no more than five (5) projects for any individual design firm/consultant. Submit relevant projects for the below facility type or similar commercial or institutional type facility:

• Ground Support Equipment Facility

• Airport Ground Equipment Facility

5.1.1 Provide a one page consolidated list of submitted projects for prime contractor and design firms to include a matrix that identifies the Specialized Experience projects and the firms that worked on each (teaming). If needed, the Specialized Experience matrix may be submitted on one 11” x 17” sheet.

5.1.2 Provide a supplemental narrative, not to exceed two pages, to address any of the following that are applicable. The information shall be limited to projects that are well underway or that have been completed and turned over no longer than five years preceding the date of this solicitation.

(1) If submitting relevant experience under a previous business relationship, clearly describe the offeror’s role on the submitted project.

(2) Identify specific projects and address how the team members worked together to achieve safety, quality, and schedule compliance goals.

(3) Describe team members’ experience with Sustainable Design and Development, if not included on the project experience forms.

(4) Describe design-build experience on other type projects. Identify specific projects.

(5) Describe experience completing projects on and/or ahead of the construction contract scheduled completion date.

Section 00 22 10

5.2. EVALUATION CRITERIA:

5.2.1. The Government will evaluate the extent of recent, relevant experience of the prime contractor and design firms in design, construction or design-build, with regard to their role on this project. If the design will be accomplished in-house, rather than by subcontract, then the design element of Specialized Experience will still be evaluated, realizing that the work is being done in-house. The Government may place greater importance on projects performed as a prime contractor than as a subcontractor, depending upon overall role and relevancy considerations. Federal Government project experience will not be rated inherently more important than non-Federal Government project experience. In assessing relevancy of Specialized Experience, the relevancy ratings included under the Past Performance evaluation factor will be utilized.

5.2.2. The Offeror must submit the requested information to demonstrate a record of recent, related experience in both design and construction, for the facility type (which may include similar state or local government or private counterparts) included in this contract, as described in Section 00 22 10. Recent experience includes projects well underway (at least 50% construction progress completed) or those completed and turned over within ten (10) years preceding the date of this solicitation for design or construction experience. Partners of Joint Venture offerors shall each demonstrate experience commensurate with their role on this project or explain in the supplemental narrative how their experience qualifies them for their role on this project.

5.2.3. The Government reserves the right to verify the experience record of cited projects or other recent projects by reviewing the Contractor Performance Assessment Reporting System, CPARS and any other DOD or Government appraisal systems or to interview owners or references. The Government may check any or all cited references to verify supplied information.

5.2.4. To receive credit for extent (amount) of experience, the Offeror and its proposed design firm(s) shall demonstrate a history of recent, relevant experience. A firm will not receive credit under this factor for the relevant experience of key personnel proposed for this project. Experience of a parent, affiliate or separate division will not be considered. Experience under a previous business arrangement will not be considered relevant if the offeror’s role on the project is not considered relevant.

5.2.5. The Government will consider extent of recent experience, degree of relationship of such experience to this project, demonstrated familiarity with applicable codes and experience with local conditions. Some examples of relevancy to this project may include:

(1) Size, type of work and complexity.

(2) Location of work and similarity to the climate of Climate Zone 8 as defined by ANSI/ASHRAE Standard 169 climate zone map for the United States.

(3) Firm's role and extent of work self-performed (brokering out all work and simply “pouring the sidewalks” on a cited project are examples of less relevant experience).

(4) Experience working with multiple contractors on one site. (On the project experience sheet, identify the other independent contractors that worked concurrently on the project site and provide a point of contact for each firm)

(5) Experience completing project(s) that included a short, fast and/or compressed schedule, on or ahead of contract required schedule completion date.

Section 00 22 10

5.2.6. Previous design-build (D-B) experience is not necessary for an acceptable rating. The Government may consider previous D-B experience a strength, even if the experience is on different type projects than this project. Similarly, the Government may consider previous recent teaming experience among the team members as value added, even if on different type design and/or construction projects than this project. The more relevant the experience, the more credit will be given.

5.2.7. The firm(s) preparing the design must demonstrate qualifications and experience in Sustainable Design and Development based on project experience. Additional consideration will be given if both the constructor and the design firm(s) demonstrate qualifications and experience in Sustainable Design and Development.

6.0 TAB C – FACTOR 2 – PAST PERFORMANCE (CONFIDENCE ASSESSMENT)

6.1 SUBMISSION REQUIREMENTS: Past performance refers to the quality of recent project experience from the owner's perspective. The offeror shall provide customer reference name(s), company affiliation and current contact information (phone number and email address) on the specific project experience sheets submitted for TAB B and include the performance rating by the owner on the form, if the offeror was rated. For Federal projects submitted under Specialized Experience (Tab B), the offeror may rely on finalized CCASS, ACASS or CPARS reports, otherwise the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project. Previously completed PPQ’s may be submitted, however, ensure current phone numbers and email addresses are provided for the client point of contact. The completed Past Performance Questionnaires should be submitted with your proposal and may be duplicated for submission on future solicitations. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the offeror should complete and submit with the proposal the first 2 pages of the PPQ (Attachment 4), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Yolanda M. Ikner, via email at yolanda.m.ikner@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

6.1.1 Projects cited shall be currently well underway (fully designed and at least 50% construction progress completed) or construction completed and turned over within ten (10) years preceding the date of this solicitation. Also include performance recognition documents received within the last ten (10) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

6.1.2 In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

6.1.3 An offeror will not receive credit for relevant past performance of a parent, affiliate or separate division. A firm will

AM#001

mailto:yolanda.m.ikner@usace.army.mil

Section 00 22 20 W911KB-17-R-0039

Section 00 22 20 Page 7

Has the proposer addressed/coordinated the arrangement of stacks, louvers, vents, and roof mounted equipment, etc. to provide a visually attractive structure?

(f) Interior Considerations:

Are the proposed colors and material finishes conducive to the working environment of the facility?

Has the proposal addressed/provided for natural and artificial light in working spaces and is the arrangement of fenestration and lighting fixtures in the spaces conducive to space usage?

Has “support item” placement been considered and addressed in the proposal to enhance the environment? For example: placement of supply/exhaust devices, placement of electrical panels, and placement of exhaust fans, etc.

Does the proposal provide for acoustic control of noise in the shelter?

5.2.2.3. Minimum Space and Facility Size: The proposal must include all the mandatory spaces in response to the requirements set forth in Section 01 10 00, Statement of Work. For this element, proposals will be evaluated on compliance with these requirements. Individual areas may slightly exceed the requirements, so long as building function is not compromised elsewhere and as long as the overall square footage is not greater than that as described in Section 01 10 00, as authorized by Congress

5.3. VOLUME 1- TAB B – SUBFACTOR 2 - QUALITY OF BUILDING SYSTEMS AND MATERIALS

5.3.1. General. As part of this Subfactor, the Government has identified certain items as desirable features or preferable items. Desirable features are identified below in the evaluation criteria. Preferable items are listed in order of priority. These items, along with any Offeror-identified betterment, will be given additional consideration during the evaluation process, provided that they are included in the proposed base price and are within the contract cost limitation (CCL) identified in the Solicitation.

Preferable Items:

• Single-ply Polyvinyl Chloride (PVC) roofing membrane in accordance with NSF/ANSI 347, on low sloped areas of the facility roofing system.

5.3.2. Submission Requirements:

5.3.2.1. Presentation Drawings

There are no specific drawings requirements for this Subfactor. However, the Offeror has the option of providing concept level drawing information for specific materials and/or systems which the Offeror feels are necessary to describe the proposed systems or materials in the drawings provided under Tab A.

5.3.2.2. Technical Approach Narrative:

W911KB-17-R-0039

Section 00 72 00 - CONTRACT CLAUSES

CLAUSE TABLE OF CONTENTS

SECTION 00 72 00

TABLE OF CONTENTS FOR CONTRACT CLAUSES

52.202-1 Definitions 52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions On Subcontractor Sales To The Government 52.203-7 Anti-Kickback Procedures 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity 52.203-12 Limitation On Payments To Influence Certain Federal Transactions 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-17

52.204-4

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Printed or Copied Double-Sided on Recycled Paper

52.204-9 Personal Identity Verification of Contractor Personnel 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.210-1 52.211-10 Alt I

Market Research Commencement, Prosecution, and Completion of Work

52.211-12 Liquidated Damages--Construction 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program

Use 52.211-15 Defense Priority And Allocation Requirements 52.211-18 Variation in Estimated Quantity 52.215-2 Audit and Records--Negotiation

52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications

52.215-13 Subcontractor Cost or Pricing Data--Modifications 52.215-21

52.217-7

Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-- Modifications Option for Increased Quantity-Separately Priced Line Item

52.219-8 Utilization of Small Business Concerns

52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements

52.222-12 Contract Termination-Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

52.222-14 Disputes Concerning Labor Standards

52.222-15 Certification of Eligibility 52.222-21 Prohibition Of Segregated Facilities 52.222-26 Equal Opportunity 52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-35 Equal Opportunity For Veterans 52.222-36 Affirmative Action For Workers With Disabilities 52.222-37 Employment Reports On Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons 52.222-54 Employment Eligibility Verification 52.222-55 52.223-2

Minimum Wages Under Executive Order 13658 Affirmative Procurement of Biobased Products under Service and Construction Contracts

52.223-3 Hazardous Material Identification and Material Safety Data 52.223-5 Pollution Prevention and Right-to-Know Information 52.223-6 Drug-Free Workplace 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items 52.223-15 Energy Efficiency in Energy-Consuming Products 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.225-9 Buy American–Construction Materials 52.225-10 Notice of Buy American Requirement-Construction Materials 52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement 52.227-4 Patent Indemnity-Construction Contracts 52.228-2 Additional Bond Security 52.228-5 Insurance - Work On A Government Installation 52.228-11 Pledges Of Assets 52.228-12 Prospective Subcontractor Requests for Bonds 52.228-14 Irrevocable Letter of Credit 52.228-15 Performance and Payment Bonds--Construction 52.229-3 Federal, State And Local Taxes 52.231-5000 52.232-5

Equipment Ownership and Operating Expense Schedule (Mar 1995) Payments under Fixed-Price Construction Contracts

52.232-17 Interest 52.232-18 Availability of Funds 52.232-23 Assignment Of Claims 52.232-27 Prompt Payment for Construction Contracts 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.232-5000 52.233-1

Payment for Materials Delivered Off-Site (Mar 1995)--EFARS Disputes

52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.236-2 Differing Site Conditions 52.236-3 Site Investigation and Conditions Affecting the Work 52.236-4 Physical Data 52.236-5 Material and Workmanship 52.236-6 Superintendence by the Contractor 52.236-7 Permits and Responsibilities 52.236-8 Other Contracts 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements 52.236-10 Operations and Storage Areas 52.236-11 Use and Possession Prior to Completion

52.236-12 Cleaning Up 52.236-13 Alt I Accident Prevention - Alternate I 52.236-14 Availability and Use of Utility Services 52.236-15 Schedules for Construction Contracts 52.236-17 Layout of Work 52.236-21 Specifications and Drawings for Construction 52.236-26 Preconstruction Conference 52.242-13 Bankruptcy 52.242-14 Suspension of Work 52.243-4 Changes 52.243-6 Change Order Accounting

52.244-6 Subcontracts for Commercial Items 52.246-12 Inspection of Construction 52.246-21 Alt I Warranty of Construction - Alternate I 52.248-3 Value Engineering - Construction 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) - Alternate I 52.249-10 Default (Fixed-Price Construction) 52.249-5000 Basis for Settlement of Proposals 52.252-6 Authorized Deviations in Clauses 52.253-1 Computer Generated Forms 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7003 Agency Office of the Inspector General 252.203-7004 Display of Fraud Hotline Poster(s) 252.203-7005 Representation Relating to Compensation of Former DOD Officials 252.204-7000 Disclosure Of Information 252.204-7003 Control Of Government Personnel Work Product 252.205-7000 Provision of Information to Cooperative Agreement Holders 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist

Country 252.215-7000 Pricing Adjustments

252.222-7000 Restrictions on Employment of Personnel 252.223-7001 Hazard Warning Labels 252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns 252.227-7022 Government Rights (Unlimited) 252.227-7033 Rights in Shop Drawings 252.231-7000 Supplemental Cost Principles 252.232-7010 Levies on Contract Payments 252.236-7000 Modification Proposals-Price Breakdown 252.236-7001 Contract Drawings, and Specifications 252.236-7005 Airfield Safety Precautions 252.243-7001 Pricing Of Contract Modifications 252.243-7002 Requests for Equitable Adjustment 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) 252.247-7022 Representation Of Extent Of Transportation Of Supplies By Sea 252.247-7023 Transportation Of Supplies by Sea 252.247-7024 Notification Of Transportation Of Supplies By Sea

UAI CLAUSES

52.236-5000 Design Build Contract Order of Precedence

52.236-5001 Personnel, Subcontractors, and Outside Associates or Consultants

52.236-5002 Government-Furnished Specifications, Drawings, Surveys, and Specifications in the RFP

52.236-5003 Government-Furnished Specifications and Drawings for Construction

52.236-5004 Responsibility of the Contractor for Design

52.236-5005 Warranty of Design

52.236-5006 Deviating from the Accepted Design

52.236-5007 Contractors’ Role During the Design Process

52.236-5008 Value Engineering After Award

52.236-5009 Partnering (FEB 2000)

52.236-5010 Government Re-Use of Design

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting

Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the…