W91236-10-R-0009 ALL.pdf

W81W3G91769823A

REPLACE FAMILY HOUSING, TOBYHANNA ARMY DEPOT, PA

SOLICITATION NUMBER W91236-10-R-0009

The U.S. Army Corps of Engineers, Norfolk District has a requirement for a design-build project to construct tw o (2) four-bedroom housing units, one for the Commanding Colonel and one for the Lt Colonel/Major on Government-ow ned land at Tobyhanna Army Depot, Tobyhanna, PA. The project includes basements, all associated supporting facilities and surrounding landscaping/infrastructure, the demolition of tw o residences w ith no environmental impact to the surrounding area as required to comply w ith the requirement in the Scope of Work.

THIS IS AFULL AND OPEN ACQUISITION NAICS 236115

SABRINA A TIPPINS 757-201-7136

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

10-Feb-2010

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________6 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________12 Mar 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

W91236

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

757-201-7183FAX:TEL: TEL: FAX:

W91236-10-R-0009 182

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W91236-10-R-0009

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

BASE ITEM

FFP

All demolition work as outlined and required by the RFP and front end specifications contained in Volume 1 and Volume 2 entitled "Small Business Competitive Contract in Support of the American Recovery And Reinvestment Act Volume One (and Volume Two) Family Housing Replacement Construction PN74519 Scope of Work Tobyhanna AD, Pennsylvania" dated 9/10/2009.

FOB: Destination

PURCHASE REQUEST NUMBER: W81W3G91769823A

NET AMT

0002 1 Lump Sum

BASE ITEM

FFP

All site work as outlined and required by the RFP and front end specifications contained in Volume 1 and Volume 2 entitled "Small Business Competitive Contract in Support of the American Recovery And Reinvestment Act Volume One (and Volume Two) Family Housing Replacement Construction PN74519 Scope of Work Tobyhanna AD, Pennsylvania" dated 9/10/2009.

0003 1 Lump Sum

BASE ITEM

FFP

All new work as outlined and required by the RFP and front end specifications contained in Volume 1 and Volume 2 entitled "Small Business Competitive Contract in Support of the American Recovery And Reinvestment Act Volume One (and Volume Two) Family Housing Replacement Construction PN74519 Scope of Work Tobyhanna AD, Pennsylvania" dated 9/10/2009 for Commanding Colonel Residence.

0004 1 Lump Sum

BASE ITEM

FFP

All new work as outlined and required by the RFP and front end specifications contained in Volume 1 and Volume 2 entitled "Small Business Competitive Contract in Support of the American Recovery And Reinvestment Act Volume One (and Volume Two) Family Housing Replacement Construction PN74519 Scope of Work Tobyhanna AD, Pennsylvania" dated 9/10/2009 for Lt.

Colonel Residence.

0005 1 Lump Sum

OPTION OPTION ITEM

FFP

All communications infrastructure and cabling.

0006 1 Lump Sum

OPTION OPTION ITEM

FFP

Provide a concrete encased duct-bank for electrical distribution system.

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

SPECIAL NOTES

RFP Vol 1 - Amend or add the following paragraphs to include the information below:

Cover – Delete “Small Business” and substitute “Full and Open Design/Build”.

Table of Contents: Add Appendix K – Controls and Implementation

1.1.8 - Installation Design Guide: Delete paragraph and substitute the following: “Design of this project should incorporate the design guidance and criteria contained in the Installation Design Guide. The excerpts contained in this Request for Proposal under Appendix E shall be adhered to.”

2.2.3 – Add: “Structural insulated panels may be proposed with the Offeror providing detailed information concerning their construction and installation.”

4.3.12.1 – Add: “Hardwood flooring may be provided in all areas where carpet is specified. If radiant floor heating is provided as a bid option (para.

5.5.1 & 5.5.2), provide suitable flooring material throughout. Installation does not want carpeting throughout the units.”

4.3.14 – Appliances: Delete the first sentence and substitute the following:

“Provide the following appliances at one per housing unit: range hood, garbage disposal, and water heater. Provide ceiling fans. The following appliances shall be government provided/contactor installed: refrigerator, range, and oven. Provide all large appliance locations with both electric and natural gas service.”

Table 4-9 – Add: “Garage may be sized for a minimum of one car. See para.

4.7.9.”

4.5.2 – Add: “Basement is required but only for mechanical room and storage and not finished for livable space.”

5.4.2 – Telephone System: Add: “The contractor shall install a 4' x 4' x ¾" plywood Telecomm backboard and install the 12 pair copper telephone cable on a "66" type block on the backboard. The contractor shall install 6 each CAT 3 telephone house wires and terminate in rooms identified by the Government (Matt Yarmel DPW, 570-615-7302). The contractor shall abide by industry standard grounding and bonding.”

5.4.3 – Television System: Add: “The contractor shall install 5 each coaxial cables from the Telecomm backboard back board and terminate in rooms identified by the Government (Matt Yarmel DPW, 570-615-7302).”

5.4.4 – Fiber Optics: Add: “The contractor shall install the 12 strand SMF cable in a Fiber Distribution Unit (FDU) on the Telecomm backboard. The contractor shall install a Quad 20 AMP power receptacle on the telecomm back board. The contractor shall abide by industry standard grounding and bonding.

The contractor shall install and terminate 5 each CAT 6 LAN cable from a "110" type patch panel to rooms identified by the government (Matt Yarmel DPW, 570- 615-7302). These cables shall follow the ATT "B" wiring scheme.”

5.5.1 & 5.5.2 – Add: “HVAC is required for cooling at a minimum. Radiant floor heating may be provided as opposed to forced air heating.”

5.5.7.1 – Add: “Heating shall be provided using natural gas.”

5.5.9 – Add: “Do not route hot air ductwork through attic spaces. If forced hot air is proposed, humidification is to be included.”

Appendix E - Delete in its entirety and substitute the attached documents:

“Tobyhanna Army Deport Electrical Design and Construction Standards” and “Tobyhanna Army Deport Electrical Design and Construction Standards – Annex A”.

Appendix K – Controls and Instrumentation: Add the attached document “Section 23 09 23 Controls and Instrumentation (DDC)”.

RFP Vol 2 - Amend or add the following paragraphs to include the information below:

Cover – Delete “Small Business” and substitute “Full and Open Design/Build”.

1.3.1.4 - Computer Aided Design and Drafting (CADD) Drawings: Delete in its entirety and substitute the attached document: “CADD Deliverables”.

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(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

(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 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 contract 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 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.

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA--MODIFICATIONS (OCT 1997)—ALTERNATE IV (OCT 1997)

(a) Submission of cost or pricing data is not required.

(b) Provide information described below: PRICE SCHEDULE

(End of clause

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

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).

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 for each trade

Goals for female participation for each trade

27.1% 6.9%

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.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is TOBYHANNA, PA

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ________ percent of the bid price or $________, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

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

CHIEF, CONTRACTING OFFICE, U.S. ARMY ENGINEER DISTRICT, NORFOLK, 803 FRONT ST.,

NORFOLK, VA 23510

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

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 or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

TO BE DETERMINED

(c) Participants will meet at--

TO BE DETERMINED

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

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

LOCAL CLAUSES

1. OFFEROR'S QUESTIONS AND COMMENTS

Note: All questions and/or comments from the preproposal conference should reach the above referenced Contracting Office no later than 10 calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

1.5.1 Bidder Inquiry

1.5.1.1 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.

1.5.1.1.1 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 next screen is correct and click continue.

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

1.5.1.1.3 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.

1.5.1.1.4 The Solicitation Number is : [W91236-10-R-0009]

1.5.1.1.5 The Bidder Inquiry Key is: [5RWT2J-TNAMIX]

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

1.5.1.3 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.

1.5.1.4 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.

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

2. PROPOSAL FORMAT

a Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders (except that Pro Forma material and price proposal shall be submitted in a closed manila envelope. 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

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

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

(a) Drawing sheets: Use 22” x 34” for full size drawings. Half-size sheets are also acceptable.

(b) Electronic Format: Provide CDs in read-only format, preferably using .pdf files. Note: All price breakdown information to aide in the price evaluation shall be submitted in Excel format. All price related information shall be submitted separately 5 days after proposal receipt date.

(c) Number of copies: Submit one original and six (6) copies of drawings and printed matter (Bound Volumes), as well as two (2) CDs of the complete proposal. For Pro Forma information: Submit the original and one (1) copy and one separate CD.

3. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

4. PREAWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

5 INSPECTION OF THE SITE

Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site shall be made through the Office the Area Engineer identified in the clause 52.236-27, entitled "SITE VISIT

(CONSTRUCTION)."

6. SUBCONTRACTING PLAN (CONSTRUCTION)

If the offeror is a large business and the offer amount exceeds $1,000,000.00, he shall submit a subcontracting plan within three (3) working days of being notified (either verbally or in writing) that he is the apparent low bidder or is otherwise in line for award. The subcontracting plan shall be reviewed and approved by the Contracting Officer prior to award.

7. MAGNITUDE OF CONSTRUCTION PROJECT

The estimated contract price of the work for this project is $950,000.00

8. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

9. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

10. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

11. BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

Section 00 22 11 - Proposal Submission Requirements, Evaluation Criteria and Basis of Award for One Step Design-Build Selection

SECTION 00 22 11

SECTION 00 22 11

PROPOSAL SUBMISSION REQUIREMENTS EVALUATION CRITERIA AND BASIS OF AWARD ONE

STEP - -BEST VALUE, DESIGN BUILD

(SINGLE AWARD)

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 GENERAL INSTRUCTIONS

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

4.1 VOLUME 1 – DESIGN-TECHNICAL

4.2 VOLUME 2 – PERFORMANCE CAPABILITY/UTILIZATION OF SMALL BUSINESS

4.3 VOLUME 3 – PRICE AND PRO-FORMA INFORMATION

5.0 VOLUME 1 – FACTOR 1 - DESIGN TECHNICAL

5.1 GENERAL

5.2 TAB A –SUBFACTOR 1 – UNIT FUNCTIONAL, AESTHETICS AND SPACE

5.3 TAB B –SUBFACTOR 2 – QUALITY OF BUILDING SYSTEMS AND MATERIALS

5.4 TAB C –SUBFACTOR 3 – SITE DESIGN

5.5 TAB D – SUBFACTOR 4 SUSTAINABILITY REQUIREMENTS

6.0 VOLUME 2 –FACTOR 2 - PERFORMANCE CAPABILITY

6.1 TAB A –SUBFACTOR 1 – SPECIALIZED EXPERIENCE

6.2 TAB B –SUBFACTOR 2 – PAST PERFORMANCE

6.3 TAB C –SUBFACTOR 3 – PROPOSED CONTRACT DURATION AND SUMMARY SCHEDULE

6.4 TAB D –SUBFACTOR 4 – ORGANIZATION/TECHNICAL APPROACH

6.5 TAB E –SUBFACTOR 5 – KEY PERSONNEL CAPABILITIES AND EXPERIENCE

6.6 TAB F –SUBFACTOR 6 – UTILIZATION OF SMALL BUSINESS CONCERNS

7.0 VOLUME 3 – PRICE AND PRO FORMA INFORMATION

7.1 GENERAL

7.2 TAB A – FACTOR 3 – PRICE (STANDARD FORM 1442, PROPOSAL DATA SHEET AND CONTRACT

LINE ITEM SCHEDULE)

7.3 TAB B – EVIDENCE OF BONDABILITY

7.4 TAB C– REQUIRED PRE-AWARD INFORMATION

7.5 TAB D – SUBCONTRACTING PLAN

8.0 EVALUATION PROCEDURES

8.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

8.2 EVALUATION

8.3 DEFINITIONS

8.4 EVALUATION RATING SYSTEM

8.5 PAST PERFORMANCE RISK RATINGS

ATTACHMENTS

1 - FORMAT FOR TABLE OF FACILITIES

2 - FORMAT FOR TABLE OF SPACES

3 - COMPANY SPECIALIZED EXPERIENCE CONSTRUCTION OR PRIME CONTRACTOR

4 - COMPANY SPECIALIZED EXPERIENCE DESIGN FIRM OR IN-HOUSE DESIGN CAPABILITY

5 - COMPANY SPECIALIZED EXPERIENCE KEY SUBCONTRACTOR (OR PRIME IF WORK NOT TO BE

SUBCONTRACTED) NOT APPLICABLE FOR THIS EVALUATION.

6 - PAST PERFORMANCE EVALUATION TELEPHONE INTERVIEW QUESTIONNAIRE

7 - KEY PERSONNEL RESUME

8 - LETTER OF COMMITMENT FOR KEY PERSONNEL

9 - LETTER OF COMMITMENT FOR (DESIGN FIRM OR KEY SUBCONTRACTOR)

10 - PROPOSAL DATA SHEETS

1.0 OVERVIEW

1.1. The Government is looking for ways to streamline construction, manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule in executing task orders to meet the Army’s Transformation program goals of faster project execution at lower cost, while taking advantage of industry standards, means and methods.

1.2. This is a “Best Value” solicitation for a Small Business set-aside for the Design and construction of two (2), four (4) bedroom housing units, one for Commanding Colonel and one for Lt Colonel / Major (Grade 04-05)on Government-owned land at Tobyhanna Army Depot, Tobyhanna PA.

with basements, associated supporting facilities, surrounding landscaping and infrastructure, and the demolition of two residences with no environmental impact to the surrounding area to comply with the requirements of the RFP. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

2.0 BASIS OF AWARD

2.1. The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whose proposal the Source Selection Authority has determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price. All evaluation factors, other than price, when combined, are considered significantly more important than the price. The Contract award shall not exceed the cost limitation of $ 950,000 for this project. The intent of this solicitation is to obtain the best proposal within the cost limitation. There is no obligation to approach or match the cost limitation in the offer. After the Government individually evaluates and rates each proposal, the Contracting Officer/Source Selection Authority will compare proposals to determine which proposal represents the best value. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the Contracting Officer/Source Selection Official must determine that the added value of a more expensive proposal (within the cost limitation) would justify award to that Offeror.

2.2. As part of the evaluation, the Government will evaluate betterments in proposals relative to the minimum standards in the RFP to determine if they offer additional value to the Government. In addition, innovations in proposals will be evaluated to determine if creative ideas of the Offeror are a better value to the Government compared to the minimum criteria.

3.0 GENERAL INSTRUCTIONS

3.1. Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

3.2. 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, provided that the Offeror or Offeror’s subcontractor has or will have professional architects and engineers, registered in the appropriate technical disciplines and provided that the requirements specified in Contract clause, “Requirements for Registration of Designers”, are met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

3.3. Submit proposals in tabbed, three-ring binders. Note that the Government will not evaluate any material that exceeds the page limits, where indicated below.

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

4.1. VOLUME 1 – DESIGN TECHNICAL FOR SOLICITATION NO. W91236-09-R-0042

Factor/Sub Factor

Location

Description

Relative Importance

FACTOR 1

DESIGN TECHNICAL

Most Important Factor

Subfactor 1

Vol. 1 TAB A

Unit Functional and Aesthetics

Most Important Subfactor

Subfactor 2

Vol. 1 TAB B

Quality of Building Systems and Materials

Equally Important with Subfactor 1

Subfactor 3

Vol. 1 TAB C

Site Design

3rd Most Important Subfactor (slightly less important than Subfactors 1 and 2.)

4.2. VOLUME 2 – PERFORMANCE CAPABILITY AND SMALL BUSINESS UTILIZATION

FACTOR 2

PERFORMANCE CAPABILITY

2nd Most Important Factor (slightly less important than Factor 1)

Subfactor 1

Vol. 2 TAB A

Specialized…