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Amendment 0002 - Solicitation Construct San Antonio Army Military Medical Center - North Fort Sam Houston Texas

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ACCOMPANYING AMENDMENT NO. 0002 TO SOLICITATION NO. W9126G-08-R-0003

San Antonio Military Medical Center – North W9126G-08-R-0003

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.00 GENERAL PROPOSAL INFORMATION.

General: The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities to perform the contract. The proposal should be practical, legible, clear and coherent.

Integrated Design-Bid-Build (IDBB) Description: IDBB is an acquisition methodology that allows the constructor to interface with the Architect of Record, the USACE and End-User Groups (the “customer” in USACE parlance) during the period from Design Development through 100% completion of each Work Package. At the 85% stage of each work package, it is expected that the price will become firm fixed through negotiations. The contract is divided into two portions: construction integration services and construction. The construction integration services phase shall be priced as a Firm Fixed Price based on a definitive scope of work. The construction phase includes both Firm Fixed Price and Guaranteed Maximum Price components. The Structured Parking South shall be priced as a Firm Fixed Price with the remaining construction priced as a Guaranteed Maximum Price with successive targets of estimated scope of work.

Construction Integration Services: Carefully review Section 01 10 00 STATEMENT OF WORK for an in-depth description of these services. Offerors should err on the side of more, rather than less, involvement with the USACE, the Architect of Record and the end-user groups during this phase of work.

2.00 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

OFFEROR INQUIRY AND PROPOSAL INFORMATION

a. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Offeror

Inquiry in ProjNet at http://www.projnet.org/projnet.

1. To submit and review bid inquiry items, Offerors will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Offeror Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page you may view all Offeror inquiries or add inquiry.

3. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

4. The Solicitation Number is: W9126G-08-R-0003 The Offeror Inquiry Key is: AP6WI5-BTZ838

b. The Offeror Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

c. Offerors are requested to review the specification in its entirety, review the Offeror Inquiry System for answers to questions prior to submission of a new inquiry.

d. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

Section 00 21 00 Page 1 http://www.projnet.org/projnet

San Antonio Military Medical Center – North W9126G-08-R-0003

PROPOSAL SUBMISSION REQUIREMENTS

a. All Offerors shall be required to submit a proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard form 1442 Block 7.

b. Proposal Format And Submittal Requirements

(1) In order to be considered for award of a contract for the requirements of this solicitation, the Offeror must submit a proposal with its offer. Failure to submit a complete proposal will result in the entire offer being rejected. The proposal shall consist of 2 parts:

(a) TECHNICAL PROPOSAL (Tabs 1 through 6)

(b) PRICE PROPOSAL (Tab 7) consisting of the original signed Standard Form 1442 "Solicitation, Offer, and Award"; providing a price for all line items in the proposal schedule and all other requirements found in Paragraph 4.00 of this Section.

(2) Proposal Characteristics

(a) All text must be legible and easily read. The page size of the Offeror’s proposal shall not exceed 8-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size with the title clearly visible at the bottom right corner. Offerors shall submit the original and four (4) copies of their technical proposal, each consisting of a 3-ring loose-leaf binder with Tabs (dividers) separating the sections (Tabs 1 through 6). Information contained in the Price Proposal, Tab 7, shall be in a separate binder labeled “Volume II”. One original (and one copy) of the Price Proposal, Volume II, Tab 7, shall be submitted. One copy of the entire offer shall be submitted by CD. Tabs 1 through 6 shall contain the following information:

Volume I Tab 1 – Construction Integration Services Management Plan

Volume I Tab 2 – Corporate Experience Volume I Tab 3 – Past Performance Volume I Tab 4 – Proposed Schedule & Construction Narrative Volume I Tab 5 – Assumptions

(AM#2) Volume I Volume II (AM#2) Tab 6 – Subcontracting Plan (must be submitted in a separate envelop) Volume II Tab 7 – Price Proposal

(b) The Offeror’s name, address, signature and telephone number shall appear on any document submitted to be evaluated. Each Volume of the proposal shall be identified by the Solicitation number, Volume number, name, address, and telephone number of the Offeror on the cover page. Each Volume shall also contain a table of contents, list of tables, list of figures, list of appendices, list of acronyms and at the bottom left side of each page the volume number shall be included. The list of acronyms should include all acronyms appearing in that volume. The cover page of each part shall be properly printed with: i) the solicitation number; ii) the project title –

“SAN ANTONIO MILITARY MEDICAL CENTER NORTH CAMPUS, FORT SAM HOUSTON, TEXAS",

iii) the name, address, and telephone number of the Offeror submitting the proposal, and the name of the Offeror point of contact; and one of the following on each volume in bold letters:

VOLUME I: TECHNICAL PROPOSAL (Tabs 1-6)

VOLUME II: PRICE PROPOSAL (Tab 7)

(c) The Proposal’s clarity, organization and cross referencing is mandatory. No material shall be incorporated by reference. General cross-references or cross referencing guides will not be considered appropriate cross-references.

Section 00 21 00 Page 2

San Antonio Military Medical Center – North W9126G-08-R-0003

(d) The Proposal shall be organized by factors and elements. They shall be described in separate sections, appropriately tabbed in a report form. All pages of each Tab and element shall be sequentially numbered.

Elaborate or lengthy presentations are not necessary or desirable.

(e) The Technical narrative shall be written in a way to demonstrate a clear understanding of the requirements, but should not parrot the specifications. The Technical proposal shall not refer the reviewer to information contained in the Price proposal.

2.00 PARTICIPATION OF COMMERCIAL FIRM

The following firms may provide administrative support during the source selection process. These firms will be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to perform their respective duties. The firms listed below shall be expressly prohibited from competing on the subject acquisition and from proposal scoring, or ranking:

RTKL Architects/Engineers; Halff Associates Engineers & Architects; Smith-Seckman-Reid Engineers; Parsons Infrastructure & Technology.

Pursuant to Federal Acquisition Regulation (FAR) 9.505-4, individuals involved in this acquisition whose duties expose them to proprietary information generated in an Offeror’s proposal will be required to sign a nondisclosure agreement. This agreement states that, while performing their duties related to the source selection process, they will: (1) protect the Offeror’s information from unauthorized use or disclosure for as long as it remains proprietary and, (2) refrain from using the information for any purpose other than that for which it was furnished.

3.00 VOLUME I, TABS 1-6: TECHNICAL PROPOSAL

a. The Technical proposal shall address the Offeror's proposed approach to fully perform the requirements of the RFP. Offerors are discouraged from providing information not required by the solicitation.

b. The Offeror shall address each of the following Factors, in sufficient detail to permit a complete and comprehensive evaluation.

c. Any deviation from the solicitation requirements may result in non-consideration of its proposal. If deviations are included, they must be clearly indicated in the Offeror’s Statement of Compliance. After award, the solicitation requirements will govern in the event of a conflict between these requirements and the Offeror’s proposal.

Tab 1 - Construction Integration Services Management Plan: The Offeror shall submit a plan for the management of preconstruction that addresses elements a through d below.

Element a. Staffing Plan. The Offeror shall submit the names and resumes of proposed staff to provide services listed in Section 01 10 00 STATEMENT OF WORK, to include the personnel listed in Section 01 10 00 STATEMENT OF WORK. The Offeror will provide a summary of roles and responsibilities of Offeror’s staff during the project design and information provided for all personnel should include education, experience, and professional certifications/licenses all of which will be evaluated. If the proposal exceeds the minimums required of personnel sited in Section 01 10 00, the proposal will establish the new minimums for the life of the contract. The proposal should clearly present the credentials of each person. Include in each resume, examples of project experience (including what capacity the individual served on each project), as well as the dates (month and year) employed on each project in that capacity, and the monetary size of each project cited as experience. Experience in resumes should be listed in reverse chronological order, with the latest experience listed first, and all time gaps on each resume fully explained.

Prior experience on military and/or federal government construction projects and projects of this type and size is preferred and will be evaluated more favorably.

Element b. Interaction and Communication Plan. The Offeror must provide a detailed plan describing interaction and communication protocol between Offeror’s proposed staff and the Government’s design

Section 00 21 00 Page 3

San Antonio Military Medical Center – North W9126G-08-R-0003 agent and the Government. Include details regarding protocol for team collaboration and coordination, ad-hoc meetings, and information gathering.

Element c. Schedule Management Approach. The Offeror must provide a detailed description of the proposed schedule management approach describing how the schedule will be used to manage the design and construction phases. Include a detailed analysis of methodologies that will be used to maintain the project schedule, accelerate the project schedule and overcome the effect of delays.

Element d. Cost Estimating Approach. The Offeror must provide a detailed description of its cost estimating approach. The Offeror must describe in detail how it will create and maintain an accurate estimate of construction costs, and how it will assess and evaluate the cost impact of design decisions reached during the construction integration phase. The Offeror must describe its methodology for utilizing real-time construction cost feedback and participating in Value Engineering analysis during the construction integration phase and as successive cost targets are reached.

Tab 2 - Corporate Experience: The Offeror shall address each of the elements, that are similar in terms of construction type and complexity, including a list of contracts relevant to the proposed contract, which your corporation or joint venture has completed within the last ten (10) years, or which is currently under contract and more than 50% complete. Provide the project name, a short description, the size (square feet and dollar value), the owner’s name and telephone number, construction start date, construction completion date, construction durations, both scheduled and actual, and the percentage of the project accomplished with your own forces. Information regarding the type and extent of work completed under the contract shall be included. Demonstrate how projects you submit are comparable in scope and complexity to the project descriptions included in each element. If the Offeror represents the combining of two or more companies, state if this project represents a joint venture of the listed parties, reference paragraph 5.00 for additional requirements. There are three elements that will be considered, as outlined below. Submit at least three projects for each element, different project can be submitted for each element. Project examples that would not be considered similar would include warehouses, distribution facilities, any type of housing, K-12 education facilities, retail and shopping malls, etc.

Element a. Complex Building Construction. The Offeror shall provide a minimum of three project examples. For this element, a project of similar type, size and complexity is considered to be a large, complex building, over 400,000 GSF, containing a variety of space uses, as well as force protection measures (both physical and electronic). Similar projects will also include complex mechanical, electrical and information technology systems, to include state-of-the-art digital conference rooms or similar facilities.

Element b. Construction Integration Services. The Offeror shall provide a minimum of (AM#2) five three (AM#2) project examples. For this element, a project of similar type, size, and complexity is considered to be a project or construction program exceeding (AM#2) $400,000,000 $200,000,000 (AM#2) in which the Offeror provided preconstruction similar to those that will be required under this contract.

Relate the projects in type and scope to this project. Provide a detailed description of your experience in providing the preconstruction required by the scope.

Element c. Local Market Knowledge. Describe your experience with construction projects in this order:

(1) Fort Sam Houston; (2) any San Antonio military installation; (AM#2) (3) any project in Bexar County or within a 100-mile radius and (4) any projects in Dallas-Ft Worth or Houston or within 25 miles of the city limits of those cities or (3) any project in Bexar County, and (4) any projects nationwide (AM#2).

Describe your knowledge of and experience with the local availability and distribution of materials, equipment, subcontractors, vendors and suppliers and the general labor market. For the purposes of establishing “local experience” a project of “similar type, size and complexity” is considered to be a large, complex building, over (AM#2) 200,000 400,000 (AM#2) square feet, containing a variety of space uses, as well as force protection measures (both physical and electronic).

Tab 3 - Past Performance: The Offeror must submit past performance information on the projects identified in Element ‘a’ and ‘b’ of Tab 1. The Offeror will provide a “Past Performance Evaluation Questionnaire” to the point of contact and/or the person that represents the owner’s opinion of the Offeror’s past performance for each of the

Section 00 21 00 Page 4

San Antonio Military Medical Center – North W9126G-08-R-0003 projects listed. A copy of the Questionnaire is included at the end of Section 01 10 00. Completed Questionnaires shall be included under Tab 3, Volume I.

Element a. Quality of Product/Service

Element b. Customer Satisfaction Element c. Timeliness of Performance Element d. Financial Management – Adherence to Budget Element e. Subcontracting to Small Business

Past performance will be evaluated in the areas indicated in the elements shown. Past performance information may be obtained from other than the sources identified by the Offeror, to include past performance evaluations in the Construction Contracts Appraisal Support System (CCASS) or other sources.

Tab 4: Proposed Schedule and Construction Narrative

a. Provide a narrative to support your schedule that explains your general approach to construction, quality control and commissioning activities. Describe in words and/or diagrams the specific phases of work and associated impacts to the existing Central Utility Plant , the existing Institute of Surgical Research (ISR), including the Vivarium, and the impacts of adjacent construction. Include a schematic site plan that indicates your proposed utilization of the SAMMC North site for construction staging, including worker access egress and parking; materials and equipment access and lay-down; proposed location of construction trailers and ConEx or similar container systems for on-site storage and fab shops.

b. Schedule: Submit a proposed preliminary schedule for construction. This schedule shall clearly state how it compares to the completion date stated on the SF 1442, in Block 11. For consistency in proposals, Offerors shall use an NTP date of 24 March 2008 for this schedule (the actual NTP to the successful Offeror may or may not coincide with this date). In this section the Offeror shall provide acknowledgement that he understands that the total contract duration proposed in his schedule shall become contractually binding should that Offeror receive the award. In addition, the proposed schedule shall be used as the basis for development of the initial NAS as defined by Section 01 32 01.00 44 - PROJECT SCHEDULE. Schedules or diagrams may be provided separately in a size that is easily read, but shall be bound and clearly labeled. The schedules shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Offeror may use the method of his choice; however, schedules shall be graphically represented. Give special attention to the following features when preparing your construction narrative.

1. Show the construction phase for each major feature of construction. The schedule shall indicate the Offeror’s understanding of new construction and renovations to the existing ISR and Central Utility Plant within the allowable construction period,

2. Show interim construction completion dates as described in Section 01 00 00 CONSTRUCTION

SCHEDULE.

3. Show Start-up and Commissioning

4. Show O&M manual submission and required operator training.

5. Show turnover of the project. Identify any proposed phased Turnovers. Show turnover

Inspections.

6. Show as-built submissions.

7. Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion date. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, weather, interfaces with base utilities, etc.) indicate the anticipated critical path on the schedule.

Tab 5: Assumptions. The Offeror shall provide a list of any and all assumptions used in developing the Offeror’s Price Proposal. Additionally and at their sole discretion, Offerors are permitted to indicate pricing considerations or adjustments relative to specific assumptions. However, in the event the Offeror elects to include such pricing considerations or adjustments relative to specific assumptions, those pricing considerations or adjustments shall be provided in a separate list included under Tab 7. In no case shall the list of assumptions required under Tab 5 include any pricing information.

Section 00 21 00 Page 5

San Antonio Military Medical Center – North W9126G-08-R-0003

Tab 6: Subcontracting Plan And Small Business Participation (to be submitted in a separate envelope)

4.00 VOLUME II, TAB 7: PRICE PROPOSAL. Offerors shall submit the Price Proposal from section 00 11 00.

The Price Proposal will be evaluated in accordance with paragraphs: Basis for Award, Evaluation Factors, and Price in Section 00 22 11.

ADDITIONAL INFORMATION TO BE PROVIDED IN VOLUME II. Pro Forma Requirements. Submit information in a three-ring binder labeled “Pro Forma Requirements”. Provide original and one copy. This category consists of the following:

• The Offeror will submit a cover letter containing:

(1) Solicitation number

(2) Name, address, email, and telephone and fax numbers of the Offeror.

(3) Names, title, email and telephone and fax numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this Solicitation.

(4) Name, title and signature of the person authorized to sign the proposal.

(5)A statement specifying agreement with all terms, conditions and provisions included in the Solicitation.

• The Offer (the SF1442) duly executed with an original signature by an official authorized to bind the company. Include the Offeror’s DUNS number in block 14.

• Acknowledgement of all amendments to the solicitation in accordance with the instructions on the Standard Form 30 (amendment form).

• The completed Section 00 45 00 of the solicitation (Representations and Certifications) and the ORCA certification.

• Proposal Bond

• Subcontracting Plan, if applicable (see attachment B).

• Financial statement and bank letter that verify that sufficient funds will be available to finance the work.

• For joint ventures/LLC’s, the information required by paragraph 5.00 “Joint Ventures/LLC’s.”

• All HUBzone firms submitting as prime contractor will be provided a price evaluation in accordance with the FAR clause, 52.219-4 noted in Section 00 72 00. Indicate here if your firm is a HUBZONE and if you are claiming a waiver from the preference, please provide the waiver in accordance with 52.219-4.

• Disclosure of Lobbying Activities

• Prices associated with Assumptions (see Tab 5, above)

5.00 JOINT VENTURES/LLC’s

a. Joint Ventures shall submit the following additional documentation regarding their business entities:

(1) A copy of their Joint Venture agreement.

(2) A detailed statement outlining the following in terms of percentages, where appropriate.

(a) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

(b) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

(c) The structure of the joint venture and decision-making responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

(d) The bonding responsibilities of the joint venture parties.

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(e) Identification of the key persjonnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

(f) Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

(g) Identification of party furnishing the facilities, such as office supplies and telephone service.

(h) Identification of party having overall control of the joint venture.

Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture.

If one of the joint venture parties possesses experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past performance will be included as the experience and/or past performance of the joint venture.

b. LLC’s. LLC’s must provide a copy of their Articles of Organization and provide evidence that the person(s) signing the offer has the authority to bind the organization.

6.00 PRE-PROPOSAL CONFERENCES/SITE VISITATIONS

Invitation is extended to all prospective Offerors to attend two separate but inter-related Pre-proposal Conferences and site visitations for the San Antonio Military Medical Center – North, Fort Sam Houston, Texas.

6.1.a The first Pre-Proposal Conference will start at (AM#1) 10:00 A.M., Local Time on 24 January 2008 at the USACE office in the Fritz Lanham Federal Building, 819 Taylor Street, Fort Worth, Texas, conference room 2A20. No site visit will be conducted. 1:00 P.M., Local Time on a business day on or about twenty-one (21) calendar days following the solicitation being posted, in the Main Conference Room, USACE Office (Building 4691), Fort Sam Houston. A site visit will immediately follow the conference. Exact date will be announced via Amendment.

6.1.a(i) The purpose of the first conference is to receive and answer procedural questions regarding the RFP, the Integrated Design-Bid-Build (IDBB) acquisition process. The USACE Contracting Office will be represented. The A/E Design Team will be present. Government representatives will highlight specific contract requirements unique to the IDBB acquisition process and not typically encountered in conventional construction procurements. The objective is to provide an information exchange between potential Offerors and the Government to avoid the possibility of misinterpretation of the contract requirements.

6.1.b The second Pre-Proposal Conference will start at 1:00 P.M., Local Time on a business day on or about thirty (30) calendar days after the first Pre-Proposal Conference, in the Main Conference Room, USACE Office (Building 4691), Fort Sam Houston. A site visit will immediately follow the conference. Exact date will be announced via Amendment. (AM#2) 10:00 A.M., Local Time on 20 February 2008 at the Fort Sam Club at 1395 Chaffee Road, Fort Sam Houston TX 78234 (see attached maps). A site visit will be conducted.

Tentative agenda: 10:00 a.m. – 12:00 p.m. Conference &Q&A; 12:00 p.m. – 1:00 p.m. Lunch; 1:00 p.m. – 4:00 p.m. Site Visit/Hospital Tour (transportation will be provided to/from Club to Hospital and photos will be allowed in the Hospital (as long as patient confidentiality is secure)). (AM #2).

6.1.b(i) The purpose of the second conference is to receive and answer technical questions regarding the Scope of Work for each Bid Package, provide technical clarification and address questions regarding building systems, materials, FF&E, site utilization for construction staging, etc. The USACE Contracting Office will be represented.

The USACE Construction Administration Team and the A/E Design Team will be represented.

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Firms are advised there is very limited parking. Access may be delayed between 5 minutes and 30 minutes due to increased security precautions, including the checking of vehicle ID’s, vehicle manifests, and the searching of all vehicles. Any general or specific threat to the safety of those working or living at Fort Sam Houston could result in longer waiting times at the access points to Fort Sam Houston. If a firm does not have a current pass to obtain entry to Fort Sam Houston, the firm may request a DAY PASS using the following procedures:

On the day of entry, the driver must go to one of three gates: Walters Street; Binz-Englemann; or Harry Wurzbach on Fort Sam Houston and provide: RENTAL VEHICLES: (a) valid driver’s license and (b) rental agreement, OR PERSONAL VEHICLES: (a) valid driver’s license; (b) proof of current insurance, and (c) current vehicle registration.

It is highly recommended that prospective Offerors attend both pre-proposal conferences and, in the interest of making these conferences more meaningful, prospective Offerors are urged to present any written questions concerning the project proposal documents, bidding, construction requirements or other related matters prior to the conference to the address shown in Block 7 of Standard Form 1442 contained in Section 00 11 00 STANDARD FORM (SF) AND CLIN SCHEDULE, ATTN: Ms. (AM#2) June Wohlbach Linda M. Griffith (AM#2).

Questions may also be sent via ProjectNet (see 2.00 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS, above) prior to the conference to Ms. (AM#2) June Wohlbach, 817/886-1069, or by e-mail june.wohlbach@swf02.usace.army.mil Linda M. Griffith, 817/886-1067, or by e-mail Linda.m.griffith@usace.army.mil (AM#2). Written questions may be submitted at the beginning of the conference and oral questions may be submitted from the floor, but answers will be limited to the time available. Written queries need not be signed if anonymity is desired. Answers, interpretations and decisions made at the conference will not become official unless and until verified by an amendment to the contract issued prior to the receipt of proposals.

Following (AM#1) the second each conference and pursuant to Contract Clause “FAR 52.236-3, Site Investigation and Conditions Affecting the Work," and the Site Visit Clause in Section 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS prospective Offerors will be permitted to inspect the various locations on site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract to the extent such information is reasonably obtainable.

In no event will a failure to inspect the site constitute grounds for withdrawal of a proposal after receipt of proposal or for a claim after award of the contract.

All firms wishing to attend either site visit/Q&A session MUST register by contacting Ms. (AM#2) June Wohlbach, 817/886-1069, or june.wohlbach@swf02.usace.army.mil Linda M. Griffith, 817/886-1067, or Linda.m.griffith@usace.army.mil (AM#2) and provide the firm name, POC, phone number, and each individual expected to attend the meeting. Registration for either or both conferences MUST be completed not later than the close of business (AM#2) seventy-two (72) forty-eight (48) (AM#2) hours prior to the scheduled conference at which attendance is desired.

Section 00 21 00 Page 8 mailto:june.wohlbach@swf02.usace.army.mil mailto:Linda.m.griffith@usace.army.mil mailto:Linda.m.griffith@usace.army.mil

San Antonio Military Medical Center – North W9126G-08-R-0003

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

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

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

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

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(End of provision)

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52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (SEP 1990)

Any contract awarded as a result of this solicitation will be DX rated order; X DO-01 DO rated order certified for national defense use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

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52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)—EFARS

ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

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“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

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(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m.

one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals.

Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise

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San Antonio Military Medical Center – North W9126G-08-R-0003 permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint.

The Government reserves the right to conduct discussions if the Contracting Officer later

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San Antonio Military Medical Center – North W9126G-08-R-0003 determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

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(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA (OCT 1997)

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

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

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

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller.

Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

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

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

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

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San Antonio Military…

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