SF30 Amend 1 09-R-0054.pdf

W91238-09-R-0054

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

Design-Build 3rd Floor Addition for Surgery Center, PACU, SPD & ICU, Grand Junction Veterans Affairs, Colorado

Encl.

1. Revised Pages: Pricing Schedule; Section 00111 Para 5.3 Tab 2 of the Technical Proposal, Para 2.; Div 01 Section 01 00 00 (Replace in its Entirety); Page 01 10 00 - 2 Additives Option Pricing Schedule; Page 01 10 10 - 2 Summary Descriptions; Appendix F Supplemental Letter

1. CONTRACT ID CODE PAGE OF PAGES

1 53

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

16C. DATE SIGNED

BY 11-Sep-2009

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 W91238-09-R-0054

X 9B. DATED (SEE ITEM 11)

29-Aug-2009

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

11-Sep-2009

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

W91238 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

SECTION 00010 - SOLICITATION CONTRACT FORM

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination

CO080007

5 14-AUG-2009

Attachment 2 Specs and Drawings 560 29-AUG-2009 to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination

CO080007

5 14-AUG-2009

Attachment 2 Specs and Drawings 560 29-AUG-2009 Attachment 3 Attach 1 Amend 0001 53 11-SEP-2009

The following have been modified:

PRICING SCHEDULE

PRICING SCHEDULE

CONTRACTOR SHALL FURNISH ALL PLANT, LABOR, MATERIAL, EQUIPMENT, ETC. NECESSARY TO

PERFORM ALL WORK IN STRICT ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN

THE CONTRACT TO INCLUDE ALL ATTACHMENTS THERETO.

ITEM UNIT OF

NO. DESCRIPTION QTY MEASURE _AMOUNT__

BASE PRICING

0001 Design the 3rd Floor

Addition for a Surgery Center, PACU, SPD & ICU in accordance with this contract and its attachments. 1 LUMP SUM $ ________________

0002 Construct the 3rd Floor Addition enclosure (complete and useable) and the Operating Rooms and SPD, see Section 01 10 00 and Appendix O for description. 1 LUMP SUM $ ________________

TOTAL BASE PRICE $ _______________

(LINE ITEMS 0001 and 0002)

OPTION PRICING

1001 Construct the 3rd Floor

Addition Area IV for the PACU Rooms, see Section 01 10 00 and Appendix O. 1 LUMP SUM $ ________________

1002 Construct the 3rd Floor

Addition Area III for the ICU Rooms, see Section 01 10 00 and Appendix O. 1 LUMP SUM $ ________________

TOTAL OPTION PRICE $ _______________

(LINE ITEMS 1001 and 1002)

TOTAL PRICE $ __________________

(LINE ITEMS 0001 thru 1002)

Notes:

1. Prices must be submitted on all individual items of this Pricing Schedule.

Failure to do so may cause the proposal to be determined "unacceptable".

2. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Pricing 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 item in the Pricing Schedule.

3. The offeror shall distribute his indirect costs (overhead, profit, bond, etc.)

over all the items in the Pricing Schedule. The Government will review all submitted Pricing Schedules for any unbalancing of the items. Any submitted Pricing Schedule determined to be unbalanced may cause the proposal to be determined "unacceptable".

4. The successful bidder/offeror grants the options listed in the Pricing Schedule to the Government. The options for Option Line Items 1001 and 1002 may be exercised up to 60 calendar days after receipt of notice to proceed. Any of the option line items may be exercised as an individual option.

Exercise of the option occurs upon mailing of written notice to the Contractor.

Exercise will be made by the Contracting Officer. The price for exercise of the option includes all work and effort associated with the scope of that item. No additional time for contract completion will be allowed when an option is exercised. The given contract completion time was formulated to include time necessary to perform all option work.

5. The target ceiling for contract award for design and construction is $11,700,000.00 (VA) based on the funds made available for this project. The Government cannot guarantee that additional funds can be made available for award.

Offerors are under no obligation to approach this ceiling.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

SECTION 00111

SECTION 00111

PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

BASIS OF AWARD, AND EVALUATION CRITERIA

1. OVERVIEW.

This is a "Best Value" solicitation for the addition of a third floor to the VA Medical Center, Grand Junction, Colorado.

The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whom the Source Selection Authority 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.

2. BASIS OF AWARD.

2.1. ELIGIBILITY FOR CONTRACT AWARD

In accordance with the requirements of Part 9 of the Federal Acquisition Regulation (FAR), no contract shall be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

2.2. SOURCE SELECTION USING THE TRADE-OFF PROCESS

The Government will select the offer that represents the best value to the Government by using the trade-off process described in FAR Part 15. This process permits tradeoffs between price and technical (“non-cost”) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

2.3. RELATIVE IMPORTANCE OF PRICE TO THE TECHNICAL EVALUATION FACTORS

All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. The Government is concerned with striking the most advantageous balance between technical merit (“quality”) and cost to the Government (i.e., the price). The degree of importance of price could become greater depending upon the equality of the technical proposals. If competing technical proposals are determined to be essentially equal, price could become the controlling factor.

2.4. EVALUATION OF THE PRICE PROPOSAL

a. Price or cost to the Government will be evaluated and considered but will not be scored or combined with other aspects of the proposal evaluation. The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it is realistic for the work to be performed; reflects a clear understanding of the requirements; and is consistent with the offeror’s Technical Proposal. Additionally, all offers will be analyzed for unbalanced pricing.

b. When applicable, the Price Evaluation Preference for HUBZone Small Business Concerns will be applied. The Price Evaluation Adjustment for Small Disadvantaged Businesses will not apply to this procurement as it is currently suspended for Department of Defense.

c. Information required to be submitted in the Price Proposal volume in addition to the executed SF 1442 with acknowledgement of amendments and the completed pricing schedule will be used to determine the offeror’s eligibility for contract award in accordance with paragraph 2.1 above (for example, the offeror’s representations and certifications; the bid guarantee; the offeror’s pre-award survey information; and the offeror’s small business subcontracting plan). The Government may enter into exchanges with offerors about such information without it constituting discussions, subject to applicable FAR limitations, including FAR 15.306, Exchanges with offerors after receipt of proposals; FAR 28.101-4, Noncompliance with bid guarantee requirements; and 52.219-9, ALT II, Small Business Subcontracting Plan.

d. The Government may consider the availability of funds for contract award in determining which proposal offers the best value to the Government. If an offeror’s proposed price(s) exceeds the funds made available for any item or group of items on the pricing schedule (excluding option line items), that offer may be ineligible for contract award, notwithstanding the reasonableness of the total proposed price for all of the line items on the pricing schedule.

2.5. THE TECHNICAL EVALUATION FACTORS:

a. The Government will evaluate each offeror’s technical proposal based on how well the proposal addresses each of the evaluation factors, listed below and further described in paragraph 5, and on how well the offeror has performed on related projects through the evaluation of the past performance information provided from references or obtained from other sources. Each of the evaluation factors will be evaluated by the Government and an adjectival rating and risk rating will be determined by consensus of the Government evaluation board.

b. The evaluation factors correlate directly to the main organizational tabs identified in the proposal submission instructions in paragraph 5. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Factor 1: Technical Approach Factor 2: Experience and Capability Factor 3: Past Performance Factor 4: Socio-Economic Considerations

2.6. RELATIVE WEIGHTING OF THE TECHNICAL EVALUATION FACTORS

The Technical Evaluation Factors are listed below in descending order of importance, as follows:

Factor 1 – Technical Approach is the most heavily weighted factor.

Factor 2 – Experience and Capability; Both Factors 1 and 2 are of approximately equal importance.

Factor 3 – Past Performance is weighted less than either Factors 1 or 2 Factor 4 – Socio-Economic Considerations is the least heavily weighted factor it is weighted significantly less than any other evaluation factor.

2.7. GENERAL TECHNICAL EVALUATION CRITERIA

a. The offeror’s conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the formatting and/or submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. Lack of conformance could therefore result in a higher risk assessment, in addition to any other impacts on the evaluation. Material omission(s) may cause the technical proposal to be rejected as unacceptable. However, in accordance with FAR 52.215-1, the Government may waive informalities and minor irregularities in proposals. For example, a failure by a proposed key subcontractor to submit a properly executed letter of commitment may be considered as increasing risk, but will not be considered a proposal deficiency.

b. Technical proposals which do not provide the specified information in the specified location in accordance with the submission instructions may be downgraded. The Government is under no obligation to search for information that is not in the specified location.

c. Proposals which are generic, vague, or lacking in detail may be downgraded. The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The offeror’s failure to include information that the Government has indicated should be included may result in the proposal being downgraded and/or being found deficient if inadequate detail is provided.

d. Any prescribed page and formatting limitations will be strictly adhered to and enforced by the Government. The Government will not evaluate any excess information resulting from the offeror’s failure to comply with the submission instructions. Examples: If an offeror were to submit three pages in response to an item with a two page limitation, the information on the first two pages would be evaluated but the information on the third page would not be evaluated. If an offeror were to submit a fold-out sheet (e.g. 11”x17”) in response to a one-page limitation where fold-out sheets were not authorized, only the information that could reasonably have been submitted on one 8-1/2 x 11 inch sheet would be evaluated. If an offeror were to submit three 8-1/2 x 11 inch pages in response to a one not-to-exceed 11 x 17 inch page limitation, only the information that could reasonably have been submitted on one 11 x 17 inch sheet would be evaluated.

If an offeror submitted alternates that were not requested, the information will not be evaluated.

e. The degree of risk to the Government inherent in the offeror’s technical proposal will be a consideration under every evaluation factor.

f. A “deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

“Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance. A “significant weakness” is a proposal flaw that appreciably increases the risk of unsuccessful contract performance. The Government cannot accept an offer with a deficiency in its technical proposal. The term “acceptable” is therefore used in this context to describe a technical proposal that does not contain a deficiency and thus could be accepted by the Government, notwithstanding any weaknesses or significant weaknesses in the proposal.

g. The Government cannot make award based on a deficient offer. Therefore, a rating of “Unacceptable” under any factor will render the offer ineligible for award, unless the Government elects to enter into discussions with that offeror and all deficiencies are remedied in a revised proposal.

h. Failure of a proposed subcontractor to furnish authorization for the Government to discuss its past performance with the offeror will not be considered a proposal deficiency. However, the Government will not be able to disclose to the offeror any details pertaining to their performance problems.

i. Past Performance Adjectival ratings and Performance Risk - Performance risks are those risks associated with an offeror's likelihood of success in performing the solicitation's requirements as indicated by that offeror's record of current or past performance.

Excellent Essentially no doubt exists that the offeror will successfully perform the required effort based on their performance record.

Risk Level: Very Low

Good Little doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Low

Adequate Some doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Moderate

Marginal Significant doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: High

Poor It is extremely doubtful that the offeror will successfully perform the required effort based on their performance record. Risk Level: Very High

Unknown The offeror has no relevant past performance upon which to base a meaningful performance risk prediction. By law, contractors with no relevant past performance history cannot be evaluated favorably or unfavorably. Risk Level: Unknown

j. Adjectival ratings and proposal risk for other than past performance.

ADJECTIVE DEFINITION AND CRITERIA

Excellent

The proposal has exceptional merit and reflects an excellent approach which will clearly result in the superior attainment of all requirements and objectives. This clearly achievable approach includes numerous advantageous characteristics of substance, and essentially no disadvantages, which can be expected to result in outstanding performance.

The risk of unsuccessful performance is very low as the proposal provides solutions which are unquestionably feasible and practical. These solutions are further considered very low risk in that they are exceptionally clear and precise, fully supported, and demonstrate a clear understanding of the requirements. Risk Level: Very Low

Good

The proposal demonstrates a sound approach which is expected to meet all requirements and objectives. This sound approach includes advantageous characteristics of substance, and few relatively minor disadvantages, which collectively can be expected to result in satisfactory performance. The risk of unsuccessful performance is low as the proposal contains solutions which are considered feasible and practical. These solutions are further considered to reflect low risk in that they are clear and precise, supported, and demonstrate an understanding of the requirements. Risk Level: Low

Acceptable

The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes both advantageous and disadvantageous characteristics of substance, where the advantages are not outweighed by the disadvantages.

Collectively, the advantages and disadvantages are likely to result in acceptable performance. The risk of unsuccessful performance is moderate, as the proposal solutions are generally feasible and practical. These solutions are further considered to reflect moderate risk in that they are somewhat clear and precise, partially supported, and demonstrate a general understanding of the requirements. Risk Level: Moderate

Marginal

The proposal demonstrates an approach which may not be capable of meeting all requirements and objectives. The approach has disadvantages of substance and advantages, which if they exist, are outweighed by the disadvantages. Collectively, the advantages and disadvantages are not likely to result in satisfactory performance. The risk of unsuccessful performance is high as the proposal contains solutions which may not be feasible and practical. These solutions are further considered to reflect high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High

Susceptible to Being Made Acceptable

The proposal demonstrates an approach which, as initially proposed, cannot be rated Marginal because of error(s), omission(s) or deficiency(ies) which are capable of being corrected without a major rewrite or revision of the proposal. These solutions are further considered to reflect high to very high risk in that they lack clarity and precision, are generally unsupported, and do not demonstrate a complete understanding of the requirements. Risk Level: High to Very High

NOTE: A Susceptible rating cannot be a final rating. The final rating will either increase to a rating of Marginal or better or decrease to Unacceptable

Unacceptable

The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has numerous disadvantages of substance, and advantages which, if they exist, are far outweighed by disadvantages. Collectively, the advantages and disadvantages will not result in satisfactory performance. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack any clarity or precision, are unsupported, and do not demonstrate an understanding of the requirement.

Risk Level: Very High

3 GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS.

3.1 GENERAL INSTRUCTIONS.

3.1.1 Media, Page Size, Margins, Fonts, and Page Limitations.

Submit only the hard-copy paper documents and electronic files specifically authorized elsewhere in this section.

Do not submit excess information, to include audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information physically into the proposal. Except where another size is specifically authorized for a specific submission, use only 8 1/2” x 11” paper. Use at least 1 inch margins, which may include headers and footers. Do not justify the right margin. Ensure that all text and graphics are clearly legible. Do not use a font size smaller than 10, unusual font styles such as script, or condensed fonts. For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page;

information on both the back and front of one sheet of paper will be counted as two pages. Where authorized, a foldout sheet will count as one page. Pages furnished for organizational purposes only, such as a “Table of Contents” or divider tabs, are excluded from page limitations.

3.1.2 Proposal Binding.

The preferred method for assembling proposals is a method that enables the rapid insertion or deletion of pages such as three ring binders. Ensure recommended capacity is not exceeded and that pages turn freely. Do not use spring clamps, spiral binding systems, or heat binding systems.

3.1.3 Conditioning of Offer.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal volumes. Inclusion of any standard company terms and conditions that conflict with the terms and conditions of the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Resolve questions about the terms and conditions or technical requirements of the solicitation prior to submission of the offer; see “Inquiries”, located in Section 00010, for points of contact. Notwithstanding the above, the offeror must clearly describe in the proposal cover sheet submitted with the price volume any exceptions, within the offer, to the contractual and/or technical terms and conditions of the solicitation.

3.1.4 Restrictions on Offeror-Provided Information.

“Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark the information in accordance with FAR 52.215-1, “Instructions to Offeror – Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”. Files shall not contain classified data.

3.2 REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSAL VOLUMES.

Each offeror must submit both a “price proposal” volume and a “technical proposal” volume. The price proposal includes the signed offer and the offeror’s proposed prices, as well as other “pro forma” requirements. The technical proposal includes all required information relating to the “non-cost” evaluation factors. The two volumes must be submitted as separate, physically distinct volumes. Both volumes must be received at the location shown in Block 8 of Standard Form 1442, not later than the date and time specified in Block 13 of Standard Form 1442. The information in the two volumes is evaluated separately and independently. Therefore, all information intended by the offeror to be evaluated as part of the price proposal must be submitted as part of the price proposal. All information intended by the offeror to be evaluated as part of the technical proposal must be submitted as part of the technical proposal. Do not merely cross-reference similar material between the technical and price proposals.

Information in the price proposal will not be considered in the technical evaluation, and vice versa.

3.2.1 Marking of Proposal Volumes.

Mark each volume as either the “Price Proposal” or the “Technical Proposal”. Additionally, mark the outside front cover of each volume with the project title and location, solicitation number, name and address of the offeror, and volume copy number. (Markings which identify the offeror are not desired on either the back cover or on the spline/binding.)

3.2.2 Tabbing of Proposal Volumes.

Offers are to be formatted and tabbed in accordance with the instructions that follow for each proposal volume.

3.2.3 Table of Contents.

Include a table of contents for each proposal volume.

4 PRICE PROPOSAL VOLUME.

4.1 NUMBER OF SETS OF THE PRICE PROPOSAL.

Submit the original (no copies) of the price proposal volume.

4.2 FORMAT, CONTENTS, AND LIST OF TABS FOR THE PRICE PROPOSAL.

Use only 8-1/2” x 11” pages. There are no page limits for the price proposal; however, limit responses to required information. Excess information will not be evaluated. Organize your price proposal as indicated below. If a tab is not applicable to your proposal, omit that tab but do not renumber the subsequent tabs.

PRICE PROPOSAL VOLUME

TAB CONTENTS OF THE PRICE PROPOSAL

1 Proposal Cover Sheet

2 SF 1442; Acknowledgement of Amendments; Joint Venture Agreement

3 Pricing Schedule

4 Work Breakdown Structure

5 Representations, Certifications, and Other Statements of Offerors

6 Bid Guarantee

7 Pre-Award Survey Information

8 Subcontracting Plan

4.3 DETAILED SUBMISSION REQUIREMENTS FOR THE PRICE PROPOSAL.

Tab 1 of the Price Proposal: Proposal Cover Sheet.

The proposal cover sheet is required by FAR 52.215-1 (c)(2). This provision, titled “Instructions to Offerors – Competitive Acquisition” is provided in full text in Section 00 21 00. The format and content for the proposal cover sheet follows:

PROPOSAL COVER SHEET

1. Solicitation Number:

2. The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available):

3. 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.

4. 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:

5. 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.

(End of Proposal Cover Sheet)

Tab 2 of the Price Proposal: SF 1442; Acknowledgement of Amendments; Joint Venture Agreement.

The Standard Form (SF) 1442 must be completed by the offeror and duly executed with an original signature by the official(s) identified in the proposal cover sheet as authorized to bind the offeror in accordance with FAR 4.102, which includes specific instructions pertaining to individuals, partnerships, corporations, Joint Venture participants, and agents. Include the offeror’s DUNS number in block 14 of the SF 1442, along with the offeror’s address. All amendments must be acknowledged in accordance with the instructions on the Standard Form 30, Amendment. If the offeror is a Joint Venture (JV), include a copy of the JV agreement and indicate its status. (Note: Please use a document protector in lieu of punching holes in the original SF 1442.)

Tab 3 of the Price Proposal: Pricing Schedule.

Submit the completed Pricing Schedule (Section 00010) with the offeror’s proposed contract prices inserted in the appropriate spaces. Prices must be proposed for all contract line items. Unit prices must be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off the extended prices to the nearest dollar.

Check your pricing submission very carefully for mathematical and clerical errors prior to submission. Any qualification of pricing may render the proposal unacceptable and therefore not eligible for award. (Note: Please use document protectors in lieu of punching holes in the completed “original” pricing schedule.)

Tab 4 of the Price Proposal: Work Breakdown Structure.

Submit a Work Breakdown Structure of the offeror’s proposed contract prices using the format below, in accordance with UFC 03-700-02A

01 SUBSTRUCTURE

02 SUPERSTRUCTURE

03 EXTERIOR CLOSURE

04 ROOFING

05 INTERIOR CONSTRUCTION

06 INTERIOR FINISHES

07 CONVEYING SYSTEMS

08 PLUMBING

09 HVAC M2

10 FIRE PROTECTION SYSTEMS

11 ELECTRIC POWER AND LIGHTING

12 ELECTRICAL SYSTEMS

13 EQUIPMENT

14 FURNISHINGS

15 SPECIAL CONSTRUCTION

16 SELECTIVE BUILDING DEMOLITION

17 SITE PREPARATION

18 SITE IMPROVEMENTS

19 SITE CIVIL/MECHANICAL UTILITIES

20 SITE ELECTRICAL UTILITIES

Tab 5 of the Price Proposal: Representations, Certifications, and Other Statements of Offerors.

The offeror must have electronically completed the annual representations and certifications on the “Online Representations and Certifications Application” (ORCA) website in accordance with FAR 52.204-8 (provided in full text in Section 00600). The offeror is responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete. Additionally, the offeror must also complete and return the “Representations, Certifications, and Other Statements of Offerors” included in Section 00600 of the solicitation. If the offeror is a Joint Venture, all participants must separately complete both the ORCA Representations and Certifications and Section 00600.

Tab 6 of the Price Proposal: Bid Guarantee.

All offerors must submit a bid guarantee, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 28.101 Bid Guarantees, and any Defense and Army supplements thereto.

Tab 7 of the Price Proposal: Pre-Award Survey Information.

a. The contracting officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the Federal Acquisition Regulation (FAR) and its supplements. The contracting officer must have sufficient information available to determine that a prospective contractor meets these minimum standards. Therefore, the offeror is requested to provide the pre-award survey information described below with its price proposal:

(1) The completed Construction Contractor Data Form with Supplemental Schedules A-C (see format which follows). If the offeror is a large multi-segmented business concerns, the data provided on the supplemental schedules may be limited to information that directly pertains to the specific segment of the business concern (i.e., the division, group, unit, etc.) proposed to perform work under the prospective contract with its own work force. If the offer is being submitted by a Joint Venture, submit a separate form for each Joint Venture participant. The offeror may submit pre-award survey information in another format, provided that the information furnished is substantially the same as that which would be furnished on the Construction Contractor Data Form and its supplemental schedules.

(2) Current financial statements. If the financial statement is more than 60 days old, submit a certificate stating that the firm's financial condition is substantially the same, or, if not the same, state the changes that have taken place. If a Joint Venture, provide this information for each participant in the Joint Venture.

(3) Banking information. Provide letters from banks or other financial institutions with which the contractor conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. The Government is interested in financial stability, timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If a Joint Venture, provide this information for each Joint Venture participant.

b. The Government will treat the pre-award survey information submitted by the offeror as proprietary.

(Tab 7 of the Price Proposal: Pre-Award Survey Information)

CONSTRUCTION CONTRACTOR DATA DATE:

Firm Name and Telephone Number Main Office Address (Street, City, and State)

Branch Offices Services Rendered Construction Design Consultant

Organization Individual Joint Venture Partnership Corporation

Date Organized Date Incorporated:

State:

Names of Officers and Other Key Personnel

I – PRESENT PAYROLL PERSONNEL (List Number of Each Category Below)

Remainder: Partners:

Officers:

Other Key:

Total:

Subtotal Permanent:

Maximum Personnel at Any Time:

Date:

II—EQUIPMENT OWNED III—FINANCIAL DATA AS OF

(DATE): Present Value ($) Current Assets:

Current Liabilities: Acquisition Cost ($) Net Worth:

IV—TOTAL VALUE OF CONSTRUCTION AND DEMOLITION

WORK IN PAST 6 YRS EXCLUSIVE OF JOINT VENTURE

(LIST MOST RECENT FIRST)

V—LARGEST JOB EVER

CONTRACTED

(If Other Than in Past Six Years)

$ LARGEST JOB IN PAST 6 YRS

Avg. Annual Income

Contract Amount:

Date:

Description:

Owner:

Contract Amount:

Date:

Description:

Owner:

VI—TYPE OF WORK IN WHICH FIRM SPECIALIZES

NAME AND POSITION/TITLE OF PERSON SIGNING

SIGNATURE

See attachment for explanations or detailed description of item(s) reported above.

CONSTRUCTION CONTRACTOR DATA – SCHEDULE A – EXISTING COMMITMENTS

List below the construction projects your firm currently has under way, including recent awards. Also list construction projects for which your firm is the apparent successful offeror/bidder, but for which a contract has not yet been awarded.

CONTRACT

NUMBER

AMOUNT

DESCRIPTION/

LOCATION

ORGANIZATION/

CONTACT PERSON/

PHONE NUMBER

PERCENT

COMPLETE

CONSTRUCTION CONTRACTOR DATA – SCHEDULE B – COMPLETED PROJECTS

List below the principal construction projects your firm has completed within the past six years, including all DoD contracts with a total value exceeding $9,000,000.00.

NUMBER

AMOUNT

DESCRIPTION/

LOCATION

ORGANIZATION/

CONTACT PERSON/

PHONE NUMBER

PERCENT

SUBLET

CONSTRUCTION CONTRACTOR DATA – SCHEDULE C –

CONSTRUCTION AND/OR TECHNICAL EQUIPMENT

List total equipment and facilities owned for performing the prospective contract and present status as to whether or not it is currently committed to existing contracts.

QUANTITY

DESCRIPTION

CONDITION

YEARS OF SERVICE

PRESENT STATUS

Tab 8 of the Price Proposal: Subcontracting Plan.

a. All offerors submitting offers with a total value (including all options) exceeding $1,000,000 that are not small businesses are required to submit a subcontracting plan. The plan must be prepared in accordance with Public Law 95-507 and the following instructions and format, which conform to FAR 52.219-9(d)(1) through (d)(11) and include the required statutory elements as described in FAR 19.704 and the additional requirements of DFARS

219.704 and AFARS 5119.704. Evaluation of the subcontracting plan by the Government will be as prescribed in FAR 19.705 (and its supplements).

b. Do not just address the following issues in short; follow the guidance of FAR 52.219-9 in its entirety. For example, paragraph 11 below asks for a discussion of records; the plan should address all records as described in FAR 52.219-9(d)(11)(i) through (vi).

c. In accordance with FAR 19.704 if the contract contains options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary. Once it has been decided if a plan is necessary, the subcontracting plan shall contain separate parts, one for the basic contract and one for each option.

d. In other words, it is necessary to address planned subcontracting dollars and percentages of total to be awarded to small, small disadvantaged, HUBZone small, women-owned small, veteran-owned small, service-disabled veteran-owned small, Hispanic servicing institutions and tribal council universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled separately for the basic contract period and each option period or option item. Therefore, paragraphs 1 and 2 below must be prepared separately for the base period and each option period/item. All other parts of the subcontracting plan only need to be addressed once.

e. If the subcontracting plan's proposed subcontracting goals do not meet the Corps of Engineers' subcontracting goals, the subcontracting plan must be submitted with a full explanation of the reasons for the lesser goals established by the plan. A small disadvantaged business goal of less than five percent must be approved one level above the contracting officer (DFARS 219.705-4).

(Tab 8 of the Price Proposal: Subcontracting Plan)

SAMPLE SUBCONTRACTING PLAN

PROJECT TITLE:

RFP/IFB NUMBER:

CONTRACT NUMBER:

CONTRACTOR NAME:

DIVISION:

INDIVIDUAL COMPLETING THIS PLAN:

TELEPHONE NUMBER:

FAX NUMBER:

EMAIL ADDRESS:

1. Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses as subcontractors. The offeror shall include all subcontracts that contribute to contract performance and may include a proportionate share of products and services that are normally allocated as indirect costs.

Corps of Engineers Subcontracting Percentage Goals: Goals

Small Business _______% 70.0%

Small Disadvantaged Business _______% 6.2%

Women-Owned Small Business _______% 7.0%

HUBZone Small Business _______% 9.8%

Veteran-Owned Small Business _______% 3.0%

Service-Disabled Veteran-Owned Small Business _______% 0.9%

2. Statement of: (i) total dollars planned to be subcontracted; (ii) total dollars planned to be subcontracted to small business; (iii) total dollars planned to be subcontracted to veteran-owned small business; (iv) total dollars planned to be subcontracted to HUBZone small business; (v) total dollars planned to be subcontracted to small disadvantaged business; and (vi) total dollars planned to be subcontracted to women-owned small business.

(Tab 8 of the Price Proposal: Subcontracting Plan, Con’t.)

Total Cost of Prime Contract: $____________

Total Dollars to be Subcontracted $____________ _______%*

To Small Business $____________ _______%**

To Small Disadvantaged Business $____________ _______%**

To Women-Owned Small Business $____________ _______%**

To HUBZone Small Business $____________ _______%**

To Service-Disabled Veteran-owned Small Business $____________ _______%**

NOTES:

* Calculate percentage of Total Dollars to be Subcontracted to Total Cost of Prime Contract ** Calculate subcontracted dollars to each group to Total Dollars to be Subcontracted, NOT TO Total Cost of Prime Contract.

(Notes: Planned subcontracting includes all planned expenditures. Total estimated cost to subcontractors and goals must be established even if the contract is of the indefinite-delivery type.

a. Subcontracts awarded to small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic servicing institutions, and tribal council universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal.

HBCU/MIs are counted as a subset of the small disadvantaged goal. The Corps of Engineers has not been assigned a set goal for, Hispanic servicing institution and tribal council universities, HBCU/MIs or qualified nonprofit agencies for the blind and other severely disabled.

b. In accordance with DFARS 219.703, qualified nonprofit agencies for the blind and other severely disabled that have been approved by the Committee for Purchase from People Who are Blind or Severely Disabled under the Javits-Wagner-O'Day (41 U.S.C. 46-48) are eligible to participate in the program as a result of 10 U.S.C. 2410d and section 9077 of Pub. L. 102-396 and similar sections in subsequent Defense Appropriations Acts. Under this authority subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.)

3. A description of the principal types of supplies and services to be subcontracted and an identification of the types planned for subcontracting to (i) small business concerns, (ii) small disadvantaged business concerns, (iii) HUBZone small business concerns, (iv) women-owned small business concerns, (v) veteran-owned small business concerns (vi) service-disabled veteran-owned small business concerns,

(vii) Hispanic Servicing Institutions, and Tribal Council Universities, (viii) HBCUs and MIs, (ix) qualified nonprofit agencies for the blind and other severely disabled.

4. A statement of the method used in developing the proposed subcontracting goals for small business concerns, small disadvantaged business concerns, HUBZone small business concerns, women-owned small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs, and qualified nonprofit agencies for the blind and other severely disabled.

5. A description of the method used to identify potential sources for solicitation purposes to assure small, small disadvantaged, HUBZone small, women-owned small, veteran-owned small, service-disabled veteran-owned small, Hispanic Servicing Institutions and Tribal Council Universities, HBCU and MI, and qualified nonprofit agencies for the blind and other severely disabled participation (e.g., existing company source lists, the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), the list of certified small disadvantaged business concerns of the SBA, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, veteran-owned small, HUBZone small, small disadvantaged, women-owned small business, and service-disabled veteran-owned trade associations).

6. A statement as to whether or not the offeror included indirect costs in establishing the subcontracting goals, and if so, a description of the method used to determine the proportionate share of indirect costs to be incurred with: (i) small business concerns, (ii) small disadvantaged business concerns, (iii) HUBZone small business concerns, (iv) women-owned small business concerns, (v) veteran-owned small business concerns, (vi) service-disabled veteran-owned small business concerns, (vii) Hispanic Servicing Institutions and Tribal Council Universities, (viii) HBCUs and MIs, and (ix) qualified nonprofit agencies for the blind and other severely disabled.

7. The name of the individual employed by the offeror who will administer the offeror's subcontracting program and a description of the duties of the individual.

Name: ______________________________________________________

Title and Telephone Number: ____________________________________

Address: ____________________________________________________

City, State and Zip Code: _______________________________________

Duties (Attachment may be used):

8. Describe the efforts the offeror will make to assure that small business concerns, small disadvantaged business concerns, HUBZone small business concerns, women-owned small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small, business concerns, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs), and qualified nonprofit agencies for the blind and other severely disabled will have an equitable opportunity to complete for subcontractors under this contract.

9. I do herewith assure that this concern will include the clause at FAR 52.219-8 entitled "Utilization of Small Business Concerns" in all subcontracts which offer further subcontracting opportunities and will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by this concern and in consonance with the FAR clause 52.219-9.

10. I also assure that this concern will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, and (iii) submit eSRS, Subcontracting Report, in accordance with the instructions in DFARS 52.219-9, and (iv) ensure that the subcontractors under this contract agree to submit the required eSRS. I assure that this concern will submit an eSRS on Corps of Engineers projects only. I will not report Corps of Engineers projects through any other agency unless authorized by the Contracting Officer.

11. Provide a description of the types of records the offeror will maintain to demonstrate procedures which have been adopted to comply with the requirements and goals set forth in the plan, including the establishment of source lists; and a description of its efforts to locate small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs, and qualified nonprofit agencies for the blind and other severely disabled.

The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

a. Source lists (e.g., PASS), guides, and other data that identify small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs), and qualified nonprofit agencies for the blind and other severely disabled.

b. Organizations contacted in an attempt to locate sources that are small business, small disadvantaged business, HUBZone small business, women-owned small business, veteran-owned small business, service-disabled veteran-owned small business, Hispanic Servicing Institutions and Tribal Council Universities, HBCUs and MIs), and qualified nonprofit agencies for the blind and other severely disabled.

c. Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (1) whether small business concerns were solicited and if not, why not; (2) whether veteran-owned small business concerns were solicited and if not, why not; (3) whether HUBZone small business concerns were solicited and if not, why not; (4) whether small disadvantaged business concerns were solicited and if not, why not; (5) whether women-owned small business concerns were solicited and if not, why not; (6) whether service-disabled veteran-owned small business concerns were solicited and if not, why not; (7) whether Hispanic Servicing Institutions and Tribal Council Universities…