Amendment 0002.pdf

W62N6M8888888888

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

Multiple Aw ard Indefinite Delivery/Indefinite Quantity (IDIQ) contracts supporting the Corps of Engineers South Pacif ic Division mission for use primarily for areas around and including Presidio of Monterey / Camp Roberts / Fort Hunter-Liggett, California

The purpose of this amendment is to issue the Phase 2 solicitation.

The Date for Receipt of Phase 2 Proposals is 1:00 pm PDT, 24 June 2010.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91238-10-R-0034

X 9B. DATED (SEE ITEM 11)

12-May-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Jun-2010

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

The offer guarantee is required has been added.

The required response date/time has changed from 11-Jun-2010 03:00 PM to 24-Jun-2010 01:00 PM.

TABLE OF CONTENTS

The below Table of Contents has been added

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Volume 1 746 17-JUN-2010 Attachment 2 Volume 2 758 17-JUN-2010

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(End of provision)

The following have been modified:

00110 INSTRUCTIONS

SECTION 00110

PROPOSAL BASIS OF AWARD,

GENERAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS,

PHASE I INSTRUCTIONS AND EVALUATIONS,

AND CONTRACT AWARD

1. OVERVIEW.

This is a "Best Value" construction solicitation primarily for renovations (including new work, additions, alterations, maintenance and repairs) involving various industry (electrical, mechanical, etc.) efforts supporting the Corps of Engineers South Pacific Division mission primarily for areas around and including Presidio of Monterey / Camp Roberts / Fort Hunter-Liggett, California. The Contracting Officer will award a firm fixed-price Indefinite Delivery Indefinite Quantity (IDIQ) 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.

This is a two-phase design-build selection process acquisition requiring two separate proposal submittals, a phase-one (non-price technical volume) proposal and a phase-two (price and technical volumes) proposal. Phase-one will consist of an evaluation of only non-price factors which include Experience and Capability, and Past Performance of the offeror. Then no more than five (5) of the most highly qualified offerors in phase-one will be offered the opportunity to submit a proposal under phase-two. Phase-two will consist of an evaluation of price and non-price factors which include Technical Approach.

The Government does not intend to conduct discussions during phase-one, nor request revised phase-one proposal.

The Government reserves the right to conduct phase-one discussions, if it deems such to be in its best interest. The Government may communicate with an offeror to afford it the opportunity to respond to adverse past performance evaluations obtained from references on which it has not previously had an opportunity to comment, if that information makes a difference in the Government’s decision whether or not to include the offeror in the shortlist for phase-two.

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 significantly more than 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 price proposal used for evaluation will consist of the proposed basic IDIQ CLIN 0001 G&A rate and the proposed Task Order price. 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. 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; and the offeror’s pre-award survey information. 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, and Noncompliance with bid guarantee requirements.

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 the submission requirements in Sections 00110 and 00120, 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 the submission requirements in Sections 00110 and 00120. However, any information contained in the technical proposal can nonetheless be considered by the Government in its evaluation under any factor.

Phase-One Proposal. (Section 00110)

Factor 1: Experience and Capability Factor 2: Past Performance

Phase-Two Proposal. (Section 00120) Factor 3: Technical Approach

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 – Experience and Capability is the most heavily weighted factor.

Factor 2 – Past Performance is weighted less than Factor 1, and Factor 3 – Technical Approach 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 design contractor 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 or as stated in paragraph 2.7.a. above.

h. Failure of a proposed design contractor 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 FOR A TWO-PHASE DESIGN-

BUILD PROPOSAL.

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.

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted. 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.

The proposal shall be submitted as summarized below and as required by the specifications.

a. Phase-One Proposal.

(1) Factor 1: Experience and Capability

(2) Factor 2: Past Performance

b. Phase-Two Proposal.

(1) Volume I – Cost/Price Volume

(a) Proposal Cover Sheet

(b) Standard Form 1442, Acknowledgement of Amendments, Joint Venture Agreement

(c) Pricing Schedule

(d) Work Breakdown Structure

(e) Representation, Certifications, and Other Statements of Offerors

(f) Bid Guarantee

(g) Pre-Award Survey Information

(2) Volume II – Technical Volume

Factor 3: Technical Approach

Each offeror must submit a phase-one proposal consisting of only a “technical” volume and each selected phase-two offeror must submit a phase-two proposal consisting of both a “price” volume and a “technical” volume. The price volume includes the signed offer and the offeror’s proposed prices, as well as other “pro forma” requirements. The technical volume includes all required information relating to the “non-price” evaluation factors, which may include both technical and management evaluation criteria. 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 volume must be submitted as part of the price volume. All information intended by the offeror to be evaluated as part of the technical volume must be submitted as part of the technical volume. Do not merely cross-reference similar material between the technical and price volumes. Information in the price volume 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.

00120 PRICE PROPOSAL

SECTION 00120

PHASE II PROPOSAL INSTRUCTIONS AND EVALUATION CRITERIA

1 PHASE-TWO PRICE VOLUME.

1.1 NUMBER OF SETS OF THE PRICE PROPOSAL.

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

1.2 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

1.3 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 with continuation pages 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 G&A rate inserted in the appropriate space and the Task Order pricing. The proposed G&A rate shall not include unallowable expenses, FAR Part 31 and DFAR Part 231. 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 for the Task Order amount, (e.g., Standard Form 24, Bid Bond) which complies with the requirements of FAR 52.228-1 and 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) Partners:

Officers:

Other Key:

Remainder: Subtotal Permanent:

Maximum Personnel at Any Time:

Date:

Total:

II—EQUIPMENT OWNED III—FINANCIAL DATA AS OF

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

Acquisition Cost ($) Current Liabilities:

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 Contract Amount:

Date:

Description:

Owner:

$ Contract Amount:

Date:

Description:

Owner:

Avg. Annual Income

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.

W91238-10-R-0034

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 $2,000,000.00___.

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

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

DESIGN-BUILD CLAUSES

SPK 36-4003 DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE (HND

AUG 1997)

(a) The contract includes the standard contract clauses and schedules current at the time of award. It also entails:

(1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any amendments during proposal evaluation and selection, and (2) the successful Offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any ways bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of the various portions of this contract, precedence shall be given in the following order:

(1.) Betterments: Any portions of the Offeror’s proposal, which both meet and exceed the provisions of the solicitation.

(2.) The provisions of the solicitation (See also Contract Clause: SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION).

(3.) All other provisions of the accepted proposal.

(4.) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(End of Clause)

SPK 36-4004 PROPOSED BETTERMENTS (HND AUG 1997)

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

(b) A “Betterment” is defined as any component or system, which exceeds the minimum requirements, stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the “Proposal Submission Requirements” of the Solicitation, and all Government identified betterments.

(c) “Government identified betterments” include the betterments identified on the “List of Accepted Project Betterments” prepared by the Proposal Evaluation Board and made part of the contract by alteration, and all other betterments identified in the accepted Proposal after award.

SPK 36-4005 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS (HND AUG 1997)

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

SPK 36-4006 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (HND MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

SPK 36-4007 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (HND

MAY 2002)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements.

Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

SPK 36-4008 WARRANTY OF CONSTRUCTION WORK (HND AUG 1997)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, or workmanship.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice:

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SPK 36-4009 SEQUENCE OF DESIGN-CONSTRUCTION (HND AUG 1997)

(a) After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under Division 01 General Requirements, and obtain Government review of each submission. No construction may be started, until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The ACO or COR will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government.

(c) No payment will be made for any in-place construction until all required submitttals have been made, reviewed and are satisfactory to the Government.

SPK 36-4011 CONSTRUCTOR’S ROLE DURING DESIGN (HND JUN 1998)

The Contractor’s construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor’s involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

SPK 36-4012 RECOMMENDED INSURANCE COVERAGE (HND MAR 2002)

The Design-Build Contractor’s attention is invited to the contract requirements concerning “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”, “WARRANTY OF DESIGN” and “WARRANTY OF CONSTRUCTION WORK”. These requirements vest in the Contractor complete responsibility for the professional quality, technical accuracy, and coordination of all design, drawings, specifications and other work or materials furnish by his in-house or consultant forces. The Design-Build Contractor must correct and revise any errors or deficiencies in his work, notwithstanding any review, approval, acceptance or payment by the Government. The Contractor must correct and change any work resulting from his defective design at no additional cost to the Government. The requirements further stipulate that the Design-Build Contractor shall be liable to the Government for the damages to the Government caused by negligent performance. Though not a mandatory requirement, this is to recommend that the Design-Build Contractor investigate and obtain appropriate insurance coverage for such liability protection.

SPK 36K-4013 TRAINING (HND FEB 2000)

The Contractor shall provide operational and maintenance training for all systems furnished under this contract for the operating and maintenance personnel. The system manufacturer shall conduct the training, where feasible. All operation and maintenance manuals shall be submitted and approved prior to conducting the training and shall be used during training. The Contractor shall videotape the training session on VHS tapes and provide the tapes to the Government. (End of Clause)

SPK 36-4014 DESIGN CONFERENCES (HND AUG 1997)

(a) Pre-Work: As part of the Pre-Work Conference conducted after contract award, key representatives of the Government and the Contractor will review the design submission and review procedures specified herein, discuss the preliminary design schedule and provisions for phase completion of the D-B documents with construction activities (fast tracking), as appropriate, meet with Corps of Engineers Design Review personnel and key Using Agency points of contact and any other appropriate pre-design discussion items.

(b) Design Charette: After award of the contract, the Contractor shall visit the site and…