Amendment_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Offerors are advised to review this amendment thoroughly.

The purpose of this amendment is to:

a) Extend the solicitation due date to 14 November 2012 at 4:00 pm Central Standard Time, b) Post responses to industry questions and revisions/clarif ications to the Statement of Work and incorporate additional/revised sample task order draw ings, c) Remove FAR Clause

52.204-7 and replace w ith 52.204-99 (System for Aw ard Managment), d) Revise Section H, and e) Revise Section L and Section M in response to questions and answ ers from Industry, and e) Remove bid bond requirement.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 26-Oct-2012

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 W9124J-12-R-0014

X 9B. DATED (SEE ITEM 11)

12-Sep-2012

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

26-Oct-2012

CODE

MICC - FSH

ATTN: MICC - FSH

2205 INFANTRY POST RD

210-466-2145

FORT SAM HOUSTON TX 78234-1361

W9124J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124J-12-R-0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The offer guarantee has changed from is required to is not required.

The required response date/time has changed from 05-Nov-2012 04:00 PM to 14-Nov-2012 04:00 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

BID SCHEDULE

GENERAL PROVISIONS:

NOTE: Prices are not required in this section. Offeror shall:

(1) Complete the Coefficient Schedule included in this section, AND

(2) Provide the Sample Project Price Schedule in accordance with Attachment 3 – Sample Task Order and Section

L of this solicitation.

COEFFICIENT SCHEDULE

CLIN DESCRIPTION COEFFICIENT

The Contractor shall provide S/R/M construction services in accordance with the

Scope of Work, specifications, and as may be otherwise noted on individual task orders.

CONTRACT ORDERING PERIOD: 1 MARCH 2013 (OR DATE OF AWARD,

THROUGH 28 FEBRUARY 2018

0001AA Standard Working Hours For Projects ranging from $3,000.00 - $25,000.00

0001AB Standard Working Hours for Projects ranging from $25,001.00 - $100,000.00

0001AC Standard Working Hours for Projects ranging from $100,001.00 - $250,000.00

0001AD Standard Working Hours for Projects ranging from $250,001.00- $500,000.00

0001AE Standard Working Hours for Projects greater than $500,001.00

0001AF Non-Standard Working Hours For Projects ranging from $3,000.00 - $25,000.00

0001AG Non-Standard Working Hours for Projects ranging from $25,001.00 - $100,000.00

0001AH Non-Standard Working Hours for Projects ranging from $100,001.00 -

$250,000.00

0001AJ Non-Standard Working Hours for Projects ranging from $250,001.00- $500,000.00

0001AK Non-Standard Working Hours for Projects greater than $500,001.00

The Contractor shall provide design-build construction services in accordance with the Scope of Work, specifications, and as may be otherwise noted on individual task orders.

CONTRACT ORDERING PERIOD: 1 MARCH 2013 (OR DATE OF AWARD,

THROUGH 28 FEBRUARY 2018

0002AA Standard Working Hours For Projects ranging from $3,000.00 - $25,000.00

0002AB Standard Working Hours for Projects ranging from $25,001.00 - $100,000.00

0002AC Standard Working Hours for Projects ranging from $100,001.00 - $250,000.00

0002AD Standard Working Hours for Projects ranging from $250,001.00- $500,000.00

0002AE Standard Working Hours for Projects greater than $500,000.00

0002AF Non-Standard Working Hours For Projects ranging from $10,001.00 - $25,000.00

0002AG Non-Standard Working Hours for Projects ranging from $25,001.00 - $100,000.00

0002AH

Non-Standard Working Hours for Projects ranging from $100,001.00 -

$250,000.00

0002AJ Non-Standard Working Hours for Projects ranging from $250,001.00- $500,000.00

0002AK Non-Standard Working Hours for Projects greater than $500,000.00

Non-Priced Item (NPI) Coefficient

Note: Coefficients shall be carried to no more than three decimal places.

B1. PROPOSED COEFFICIENTS ARE EFFECTIVE FOR THE ENTIRE CONTRACT ORDERING

PERIOD. Coefficients shall be expressed in the form of a unit multiplication factor. For example, the unit price plus a ten percent (10%) increase factor is expressed as “1.100.” Conversely, the unit price plus a ten percent (10%) decrease factor is expressed as “0.900.” The contractor should thoroughly consider all potential costs and future implications before submitting a coefficient less than 1.000 for any item in the Coefficient Schedule.

B1.1 Task orders (TOs) may be competed amongst MATOC holders in accordance with the ordering procedures in the resultant contract. The contractor will not be awarded any projects in any particular order nor is the contractor guaranteed any work above the minimum amount guaranteed in the contract. The contract will be a Multiple Award

Task Order Contract. All MATOC holders will be required to provide a technically sufficient and competitive price proposal on all RTOPs issued.

B1.2 Task Orders shall be priced by using the bare rate of the UPB with the addition of the coefficient. The coefficient will be based upon the rate established in this Base Contract.

B1.3 Coefficients. Coefficient means a numerical factor that represents costs (generally, but not exclusively, indirect costs) not in the Unit Price Book (UPB), e.g., general and administrative costs and other overhead costs, insurance costs, protective clothing, equipment rental, contractor’s profit and other costs.

B1.3.1 The offeror’s Coefficients shall be all inclusive and may include, but not be limited to, the following costs:

General and Administrative and other Overhead

Profit and risk

Social security contributions

Insurance Costs

Employee Payroll Taxes

Insurance and Fringe Benefits

Subcontractors’ Overhead and Profit

Mobilization and demobilization costs

Site cleanup

Quality control

Any markups for materials and all contingencies

Corporate Headquarters support (legal, financial, etc.)

Waste and excess material

Compliance with EPA/OSHA regulations and protection and safety laws

B1.3.2 The City Cost Index (CCI) shall not be included in the coefficient. The CCI will be added to individual

Task Orders depending on the location of the project.

B2. Unit Price Book (UPB): The UPB for this contract is the most current RS MEANS Facilities Construction

Cost Data Book. The unit prices stated in the UPB is for complete and in-place construction unless explicitly described otherwise. The contractor shall assume all risk for labor rate increases after award of the contract, except adjustments based on delays in performance due to Government delay.

B2.1 Labor. Bare costs line items in the UPB contains allowances for the basic hourly rate and fringe benefits, but does not include allowances as required by federal, state, or local law such as workers compensation, unemployment and disability insurance, Social Security, Medicare, etc. No allowance has been made for overtime in the labor rates factored into the UPB. Furthermore, wages for management, supervisory or administrative personnel have not been factored into the labor rates used in the UPB.

B2.1.1 Bare costs are defined as: Material costs, which may include freight, but may not include any other overhead or associated costs by the prime and/or a subcontractor; Labor costs by the prime and/or a subcontractor;

and Equipment that is to be used solely as a result of inclusion of the non-prepriced item, by the prime and/or a subcontractor.

B2.2 Material: Material costs factored into the UPB were determined by contacting manufacturers, dealers, distributors, and contractors throughout the United States.

B2.3 Equipment: Equipment costs within the UPB include not only rental costs but also operating cost.

B3. Non Pre-Priced Item (NPI): For individual task orders, items of work not covered by the RS MEANS, but within the scope and general intent of the contract, may be added by the Contracting Officer. These items may then be incorporated into and made part of the basic contract at the government’s option. For individual task orders, the items shall be provided at the negotiated price, and multiplied by the applicable NPI coefficient listed in the contract schedule. The RS MEANS shall be used to the maximum extent practical. For each task order proposal, NPIs shall be supported by two competitive quotes unless waived by the applicable Contracting Officer. NPI may not exceed

25% of the total dollar value of the task order without the approval of the Contracting Officer. Each situation where

NPI items may exceed 25% of the total priced order shall be thoroughly justified by the contractor as part of their proposal, for the requested work.

B4. WAGE DETERMINATIONS: The Contracting Officer shall incorporate the most current wage determinations for each Request for Task Order Proposal (RTOP) issued. The Contracting Officer shall identify the applicable wage determination(s) to be incorporated into each task order issued. The wage determinations will be effective for the complete period of performance of those task orders without further revision.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

CLASSIFICATION

H1. Scope.

Except as otherwise provided in this contract,

a. The Contractor shall furnish all plant, labor, supervision, equipment, transportation, and materials necessary to accomplish the required work, and

b. The Contract price as stated in the Schedule shall constitute the only compensation for the contractor’s fulfillment of all the requirements of this contract.

H2. Minimum / Maximum Contract Amounts. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered in excess of the minimum guarantees specified herein. The minimum guarantee for this contract is $10,000.00. The maximum aggregate amount of the MATOC program, inclusive of all awarded MATOC contracts and task orders, including options, shall not exceed

$13,500,000.

H3. Proposal Guarantee (Bid Bond). Subsequent Task Orders: Individual proposal guarantees (bid bonds) may be required from all offerors competing for award of any subsequent Task Orders. The requirement for a guarantee will be included in the Task Order Request for Proposal. Bid Bonds will only be waived at the discretion of the Contracting Officer.

H4. Commencement of Work. No work under this contract will commence until such time as the

Contracting Officer issues a written Task Order and Notice to Proceed under the Task Order.

H5. Proposal Preparation Costs. The costs for preparation of Task Order proposals shall be the responsibility of the contractor and not directly reimbursable. Each Task Order awarded will include at a minimum all labor wages, management, supervision, mobilization, material and equipment costs, and any costs associated with any required design effort. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

H6. Insurance – Work On A Government Installation (Jan 1997) – Supplemental Information To Far

Clause 52.228-5

a. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

b. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

TYPE AMOUNT

Workers’ Compensation -- The required Workmen’s

Compensation Insurance shall extend to cover employees liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.00

Comprehensive General Liability with minimum limits of

Per accident or occurrence for bodily injury $500,000.00

This insurance shall include Contractor’s protective liability and contractual liability.

Comprehensive Automobile Liability

Insurance with minimum limits of

Per Person $200,000.00

Per Occurrence for Bodily Injury $500,000.00

Per Occurrence for Property Damage $ 20,000.00

H7. Normal Duty Hours. Normal duty hours are 7:30 AM to 4:00 PM, Monday through Friday, except holidays observed by the Government. The Contractor shall submit to the Contracting Officer in writing a notice of any period of scheduled work at times other than normal duty hours. This notice shall be submitted not less than three

(3) days prior to each period of work scheduled at times other than normal duty hours

H8. Government Holidays

The following legal holidays are observed:

New Year’s Day, January 1 st

Dr. Martin Luther King, Jr. Day, 3 rd

Monday in January

Washington’s Day, 3 rd

Monday in February

Memorial Day, Last Monday in May

Independence Day, July 4 th

Labor Day, 1 st Monday in September

Columbus Day, 2 nd

Monday in October

Veterans Day, November 11

Thanksgiving Day, 4

Thursday in November

Christmas Day, December 25

a. The Federal holidays listed above are subject to changes that may be enacted by Congress.

b. When any of the above holidays falls on a Saturday, the preceding Friday will be observed as the legal holiday; holidays falling on a Sunday will be observed on the following Monday.

c. Any work on Saturdays, Sundays, or Federal holidays that is required to maintain construction schedules, shall be performed without additional cost to the Government. The Contractor shall notify the Contracting

Officer, in writing, a minimum of two working days in advance when the Contractor anticipates weekend or holiday work. The Contractor shall not schedule weekend or holiday work that requires observation by the Government’s representative(s).

H9. Government Liability – Equipment on Site

a. The Contractor shall safeguard government equipment that is to remain in place within the area of contract operations to protect it against damage or loss. The Contractor shall store equipment that is removed in performance of work where directed or reused in work as required by drawings and specifications.

Equipment temporarily removed shall be protected, cleaned and replaced equal to its condition prior to starting work. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor.

b. The Government shall not be liable for any loss or damage to the Contractor’s property or for expenses incidental to such loss or damage unless it is proven that the loss was due to negligence of Government employees acting within the scope of their employment

H10. Davis Bacon Wage Determination. Individual task orders will be subject to one or more of the applicable Wage Determinations as the work dictates at the time of task order award.

H11. Subcontracting Responsibilities. The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure Task Orders are completed within the stated requirements.

H12. Notice Of Constructive Changes. No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representatives of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H13. Pre-Design and/or Pre-Construction Conference. Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule and administering work.

H14. Performance Bonds And Payment Protections

a. Task orders exceeding $150,000.00, FAR clause 52.228-15 is applicable.

b. Task orders exceeding $30,000.00 but less than $150,000.00, FAR clause 52.228-13 is applicable.

c. Within ten (10) days after award of a task order, if required the Contractor shall furnish a Performance

Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A) or an Irrevocable Letter of

Credit, each with good and sufficient surety or sureties acceptable to the Government. The penal sums of these bonds shall be as follow:

(1) Performance Bond - When the task order amount is $150,000.00 or more, the penal sum of the performance bond shall equal one hundred percent (100%) of the task order amount.

(2) Payment Bond/Protection - When the task order amount is between $30,000.00 and $150,000.00, the penal sum of the irrevocable letter of credit or payment bond shall equal 100% of the task order amount. When the task order amount is over $150,000.00 the penal sum of the payment bond shall equal 100% of the task order amount.

d. The Government may require additional performance and payment bond protection if the task order amount is increased. The increase in protection generally will equal 100% of the increase in task order amount.

H15. Performance Period. The period of performance will be cited on each individual task order. The periods of performance on task orders are independent of each other and may run concurrently.

H16. Statutory Cost Limitations. Some task orders may be subject to statutory cost limits. If so, this limitation will be cited in the applicable task order.

H17. Performance Evaluations. For any construction task order $650,000 or more ($10k if terminated for default), a contractors performance evaluation will be completed and entered into the Construction Contractor

Appraisal Support System (CCASS). At the discretion of the Contracting Officer, a CCASS can be prepared for any lesser amount contract. The evaluation will take into account all aspects of the Contractor’s performance.

Performance evaluations may be completed at any time. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The performance evaluations will have an impact on the award of future task orders.

H18. Identification Of Government-Furnished Property. Pursuant to the “Government Property” clause, Government furnished property will be specified in each task order, as applicable.

H19. In-House Performance Plan. In accordance with FAR 52.219-14 – Limitations on Subcontracting, the

Contractor is responsible for performing 15% of work using its own employees, not to include the cost of materials.

Each task order proposal shall include a plan on accomplishment of the 15% in-house workforce utilization. Final payment requests for individual task orders shall include a certified statement indicating the percentage of work performed by the in-house workforce.

H20. Bound Unit Price Books. The Contractor shall provide one (1) copy of the most current version of the bound RS MEANS Facilities Construction Cost Data Book (UPB). All bound copies will be provided to the

Contracting Officer within 21 days of contract award. The Contractor shall provide one new bound copy of the UPB to the Contracting Officer throughout the life of the contract as they become available from the manufacturer.

H21. Task Order Ordering Procedures

1) Task Order competition and fair opportunity.

a. Under this contract a wide variety of construction, repair and/or maintenance projects, determined by the contracting officer to be within the scope of this contract, shall be offered to the MATOC Contractors for the purpose of providing a price or best value proposal. Individual Task Order awards on those projects may be based on competitive proposals received exclusively from contractors. The right is also reserved to reject any and all offers or to select one contractor to negotiate with after receipt of proposals.

b. All MATOC contractors will be provided a fair opportunity to compete for each project offered under this contract unless one of the statutory exceptions from fair opportunity to compete applies (FAR

16.505(b)(2)). If an exception to fair opportunities is determined the KO will justify the exception IAW

FAR 16.505(b) (2) (F) and one MATOC contractor will be selected to receive the RTOP.

c. All MATOC contractors will be required to provide a technically sufficient and competitive price proposal on all RTOPS issued.

2) Requests for task order Proposals (RTOP)

a. When the Government requires work under the MATOC, a RTOP will be issued. Projects issued/ordered will be of varying size and complexity. Examples include, but are not limited to, projects that contain complete plans and specifications for all elements of work (100% design); projects with limited specifications, and projects that may require design-build efforts.

b. The request will include information such as a statement of work, guide specifications, drawings, attachments, information pertaining to a site visit; evaluation criteria, design requirements for design-build projects and any other requirements for submission (e.g. proposal requirements, price schedule, etc.), bonding requirements, Davis Bacon Wage Determinations, and liquidated damages. Performance and payment bonds shall be required for Task Orders, in accordance with applicable contract clauses. The basis for award of each task order will be stated in the RTOP.

3) RTOP Proposal and Evaluation

a. The MATOC contractor shall within the time specified in the RTOP, provide the KO with an original and copies (as determined in the RTOP) of the proposal. The proposal shall address:

i. The comprehensive technical and management approach to accomplish the work effort.

ii. A detailed cost or pricing proposal in accordance with the instructions set forth in the RTOP and FAR

15.403-5, Table 15-2. The Contractor shall include in the prices for the items listed in the Pricing

Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing

Schedule. All price proposals must be based on RS Means, and in accordance with the Unit Price Book and in accordance with the coefficient schedule established in the base MATOC proposal. For design-build two phased acquisitions, cost or pricing proposals will be requested in phase-two.

iii. A proposed schedule for completing the task order effort.

b. Upon receipt of proposals the KO and Technical Representatives will review the initial proposals, decide to award without conducting discussions/negotiations, or hold discussions/negotiations with one or more contractors. When discussions/negotiations are conducted, each participating contractor shall be given one opportunity to revise its initial proposal to reflect any changes that result from the discussions/negotiations.

The KO will award the task order to the contractor offering the best value to the government, based on either the initial or a revised proposal. Unsuccessful Offerors will be notified.

c. At the conclusion of discussions/negotiations, if requested by the KO, the MATOC contractor shall provide a Certificate or Current Cost or Pricing Data pursuant to FAR 15.403-4 using the format as set forth in FAR

15.406-2, if applicable. The KO will issue a unilateral task order utilizing the DD Form 1155. The contractor shall commence all necessary and required preliminary work to include obtaining permits, bonds, etc. The contractor shall not commence actual pre-construction work at the site until receipt of a written notice to proceed (NTP) is signed by the KO. Prior to issuance of the NTP the government reserves the right to convene a post-award/pre-construction conference at the applicable site. The contractor shall attend any such conference as directed by the COR.

4) RTOP Evaluation Factors for Award.

a. The Contracting Officer, in making decisions on the award of an individual task order, will consider such factors as listed in FAR 16.505 (b)(1). In addition to price, factors on prior Task Orders under the MATOC contract, such as past performance, quality, timeliness, special expertise or other factors the KO determines are relevant to award of a particular Task Order may be considered. Timely performance by a MATOC contractor is very important. Failure to prosecute the work diligently, on a currently awarded task order, will be cause for the KO not to include the contractor in the competitive fair-opportunity pool for future task orders. When the contractor’s delinquency has been cured, they will be considered for competition in future task orders.

b. To ensure fair opportunity to be considered in the placement of task orders the government will conduct either a full tradeoff (integrated assessment), lowest priced technically acceptable process, or a two-phased design build selection process. The specific technique and evaluation factors under each technique will be detailed in the RTOP.

5) Two-phased design build process.

a. For Design-Build projects, all selection will be two-phased.

b. Under phase-one the KO will solicit the information outlined in FAR 36.303-1 and conduct an evaluation

IAW the factors and procedures outlined in the RTOP. Phase-one will see the selection of the most highly technically qualified MATOCs (up to three). Only the most highly rated contractors under phase-one will be selected to submit a price-proposal under phase-two.

c. The KO will solicit a price proposal only under phase-two. The proposal shall be prepared IAW FAR part

15 and the other technical factors outlined in the RTOP.

d. The KO will then follow the process as outlined in paragraph 3b and 3c above.

6) Protests. Only those protests IAW FAR 16.505(a)(10)(i)(A) or (B) are authorized in connection with the issuance or proposed issuance of an order under this contract.

7) Ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the

Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Ombudsman, who is Albert W. Jacob, MICC HQ, Special

Competition Advocate/ & TO/DO Ombudsman, albert.w.jacob.civ@mail.mil. The Ombudsman will review the Contractor's complaint, and in coordination with the Contracting Officer, ensure that the Contractor was afforded a fair opportunity to be considered for the Task Order.

8) Plans and Specifications. The Contractor will be provided either an electronic copy of the Statement of Work or one paper copy of the Statement of Work (with pertinent supplemental specifications and construction drawings as applicable) upon issue of each Task Order. All further reproduction shall be at the Contractor's expense. The Government may provide these as hard copy or as electronic media, such as web postings, e-mail or CD ROM, at its option.

H22. Conflicts of Interest.

a. Per FAR 9.505, the two principles that OCI mitigation is meant to address are preventing the existence of conflicting roles that might bias a contractor's judgment and preventing unfair competitive advantage.

Offerors must disclose any potential OCI situations to the Contracting Officer as soon as identified and prior to any task order proposal submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(es) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The Contracting Officer will promptly respond to resolve any potential conflicts.

b. A significant conflict of interest has been identified which may prohibit, Chenega Global Services, from participating in any form to this solicitation and resulting contract. The reason for this prohibition is that

Chenega Global Services provides general engineering technical support to the 63rd RSC DPW.

c. Organizational and Personal Conflicts of Interest will apply to any award made from this solicitation.

Contractors shall ensure performance that is free from conflicts of interest through the entire duration of the contract. FAR 52.203-16, Personal Conflicts of Interest applies and contractors must ensure compliance.

mailto:albert.w.jacob.civ@mail.mil

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

52.204-99 SAM DEVIATION

FAR 52.204-99 (DEVIATION)

System for Award Management Registration (August 2012)(DEVIATION)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at

Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR

Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the

Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated

CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

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

(1) A contractor may obtain a DUNS number—

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

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

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

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code.

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

(v) Company telephone number (vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the

SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the

Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the

Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or http://fedgov.dnb.com/webform change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of

Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart

32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the

“Suspension of payment” paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

The following have been deleted:

52.204-7 Central Contractor Registration FEB 2012

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

LIST OF ATTACHMENTS

DOCUMENT TYPE DESCRIPTION

Attachment 1 Past Performance Information Sheet

Attachment 2 Past Performance Questionnaire

Attachment 3 Sample Task Order Attachments:

Request For Task Order Proposal Cover Sheet

Statement of Work

Specifications

Drawings

Davis Bacon Wage Determination

Attachment 4 Site Visit Agenda

Attachment 5 Price Evaluation Example

Section K, L, & M will be physically removed from the resultant contract, but will be deemed to be incorporated by reference in the awarded contract.

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

https://www.acquisition.gov/

OFFEROR INSTRUCTIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

The Government intends to select up to three contractors for the MATOC. However, the Government reserves the right to award more or fewer total contracts if the Source Selection Authority (SSA) determines it is in the

Government's best interest. The SSA will consider the Government's expected volume of work, available funding, adequate competition, and the availability of best value proposals. The Government reserves the right to award contracts without discussions. Each contract will have a five year ordering period. Individual task orders will be competed under fair opportunity rules cited in Federal Acquisition Regulation (FAR) 16 and the ordering procedures in the resultant contract.

I. PROPOSAL PREPARATION INSTRUCTIONS

A. Proposal Submittal and Inquiries.

1. Proposals shall be submitted prior to the closing date and time identified on the SF 1442, to the following address:

Mission and Installation Contracting Command – Fort Sam Houston

ATTN: Kimberly Miller, Contract Specialist

2205 Infantry Post Road, BLDG 604

Fort Sam Houston, TX 78234

2. Electronic submissions via email or facsimile will not be accepted. Offers shall be mailed through a commercial/Government carrier or hand carried.

3. The point of contact responsible for supplying additional information and answering all inquiries is the

Procuring Contracting Officer (PCO) via the Contract Specialist at kimberly.miller19@us.army.mil .

Address all questions or concerns the offeror may have to the Contract Specialist, Kimberly Miller.

All questions regarding this solicitation shall be submitted in writing via email with subject line reference, “Question (or Comment) for 63 rd

RSC MATOC W9124J-12-R-0014.” The deadline for the submittal of all questions and/or comments is 5 October 2012, at 04:30 PM CDT.

4. Site Visit. The Government will hold a site visit at Las Alamitos on 24 Sept 2012 beginning at 09:00

AM. Please see Solicitation Attachment for site visit address and agenda. All interested firms may attend with a limit of three (3) attendees per firm. Please submit, via email, the names of attendees to the Contract Specialist, Kimberly Miller by 21 Sept 2012 at 4:30 PM CDT. The email subject line reference should be, “W9124J-12-R-0014 Site Visit Reservation.” There will be a Pre-Proposal

Conference held at the conclusion of the site visit. Technical questions may be addressed at the Pre-

Proposal Conference at the conclusion of the site visit. If the Government responses to technical questions affect the Statement of Work requirements or any other portion of the solicitation, then a solicitation amendment will be issued.

All attendees must possess a valid photo ID or valid photo driver’s license. All drivers must provide a valid photo driver’s license, current vehicle registration, and current proof of vehicle insurance.

Failure to attend the pre-proposal conference/site visit will not disqualify an offer; however, the offeror acts at its own risk and will not be relieved from complying with the terms and conditions of any resultant contract by reason of such failure. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract.

mailto:kimberly.miller19@us.army.mil

B. General Instructions

1. The source selection will be conducted utilizing negotiated source selection procedures as delineated in

FAR Part 15.3. Offers will be evaluated using the criteria under Section M, “Evaluation Factors for

Award.” Noncompliance with the Request for Proposal (RFP) requirements may hamper the

Government's ability to properly evaluate the proposal and may result in elimination of the proposal from further consideration for contract award.

2. The Offer. The submission of the documentation specified below will constitute the offeror's acceptance of the terms and conditions of the RFP, concurrence with the Statement of Work, and contract type.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission. However, in accordance with

FAR Part 15.306, should discussions become necessary, the Government reserves the right to hold them. If this occurs, a competitive range will be determined and offerors notified. The competitive range may be limited for purposes of efficiency in accordance with FAR Part 15.306 (c)(2).

4. Instructions outlined in paragraph C below, prescribe the format for the proposal and describe the approach for the development and presentation of proposal data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of proposals.

5. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the PCO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

6. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

7. All referenced documents for this solicitation are available on the Federal Business Opportunities

(FedBizOpps) website at http://www.fbo.gov and Army Single Face to Industry (ASFI) at http://acquisition.army.mil/. Potential offerors are encouraged to subscribe for real-time e-mail notifications when information has been posted to the website for this solicitation.

8. Debriefings. The PCO will promptly notify offerors of any decision to exclude them from the competitive range, whereupon they may request and receive a debriefing in accordance with FAR

15.505. The PCO will notify offerors who were in the competitive range but were not selected for award in accordance with FAR 15.503(b). Upon such notification, unsuccessful offerors may request and receive a debriefing in accordance with the requirements of FAR 15.506.

9. Team/Team Member(s)/Teaming Partner(s). The Government will consider the offeror and all subcontractors a “team” when evidence of a signed Teaming Arrangement or Letter of Intent is provided. This RFP will refer to the offeror and all identified teaming subcontractors as a “team.”

This RFP will refer to all identified teaming subcontractors as “team members” or “teaming partners.”

Teaming Arrangement (TA) or Letter Of Intent (LOI). To be valid under this solicitation, all team members shall have a signed TAs or LOI that commits the parties to performance under this contract, should it be awarded to the offeror.

(a) If any subcontractor is projected to perform more than 20% of all work on the Multiple Award

Task Order Contract (MATOC) or is projected to perform a specific construction trade through the http://www.fedbizzopps.gov/ http://acquisition.army.mil/ duration of the MATOC ordering period, then a signed TA or LOI shall be provided for that subcontractor.

(b) Subcontractors projected to perform less than 20% of all work on the contract may be included as team members at the Prime’s discretion. If included as a team member, a signed TAs or LOI shall be provided for that subcontractor.

(c) A subcontractor without a TA or LOI with the offeror is not considered as part of the “team” and will not be evaluated as such.

(d) Technical capability proposal information, past performance information, and Past Performance

Questionnaires submitted for subcontractors without a TA or LOI will not be evaluated.

(e) The Government will consider the offeror and all subcontractors a “team” when evidence of a signed TA or LOI is provided in Volume I - General.

(f) A Joint Venture (JV) will be considered a sole business entity. A copy of the JV Agreement

(JVA) signed by all the partners shall be provided. The JVA shall specify the rights and responsibilities of each partner and shall identify the managing partner. In addition, the offeror shall provide a summary narrative that specifically delineates what each partner will do in regard to performing the contract. The responsibilities of the managing partner are significantly more important than the responsibilities of all other partners combined. In accordance with 13 CFR, Section 124.513, Paragraph (e), the SBA must approve the JVA prior to the award of an 8(a) contract on behalf of the joint venture.

(g) Mentor-Protégé (M-P) is a relationship and not a business entity. M-Ps require formal TAs or

LOIs to qualify for consideration as a team member.

(h) The proposal shall present a complete, coherent presentation of team abilities as applicable.

C. Proposal Preparation Instructions

1. Offerer’s proposal shall consist of four volumes:

Volume I - General

Volume II - Technical Proposal

Volume III - Past Performance

Volume IV - Price Proposal

2. Proposal Format

(a) Offerors shall submit the number of copies listed in paragraph (d) below of their proposal.

(b) Exceptions. Offerors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors and subfactors (Sections A through M). Failure to meet a requirement may result in an offer being ineligible for award. If the offeror finds it necessary to take exception to any of the requirements specified in this solicitation, the offeror shall clearly identify the applicable Volume and exceptions with a complete explanation of why the exception was taken, what benefit accrues to the Government (if any), and its impact, if any, on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Offerors are cautioned that taking an exception may render the offer ineligible for award.