0180AM_1.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

The Solicitation for Design/Bid/Build IDIQ Contract for Construction Services for Installation Support Primarily for Air Force in the San Antonio, TX Area and Secondary Within the Southw estern Division Geographic boundaries, (SATOC, 8a), is amended as follow s:

See Continuation Sheet(s) NOTE: The Proposal Receipt Date and Time, remains "8 July 2008, at 2 pm, local time, as previously announced.

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 10

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

16C. DATE SIGNED

BY

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9126G-08-R-0180

X 9B. DATED (SEE ITEM 11)

05-Jun-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

U0001

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

6. ISSUED BY

3. EFFECTIVE DATE

13-Jun-2008

CODE

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A19

P.O. BOX 17300

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9126G-08-R-0180

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 11 00 - STANDARD FORM (SF) 1442 AND CLIN SCHEDULE

The required performance has changed from This is a Competitive 8(a) Set-Aside, limited to the Geographical area served by the SBA Dallas / Fort Worth District Office. This Request for Proposal will result in a Firm-Fixed Price Contract, Single award of one (1) Single Award Task Order Contract, (SATOC) to provide for Design/Build or Design/Bid/Build for multi-tasking of construction services with material provisions and fixed labor rates for a wide variety of maintenance, repair, alteration and minor construction type tasks, including asbestos and lead based paint abatement for both military and civil projects primarily for the Army at San Antonio, Texas and within the Southwestern Division Geographic Boundaries primarily for the Air Force.This is a Competitive 8(a) Set- Aside, (limited to the Geographical area served by the SBA San Antonio District Office).Estimated total contract amount of $14,900,000.00; the Government intends to award one (1) contract, a base period with two (2) possible options periods NTE thirty-six (36) months total. Each period w ill not exceed twelve (12) months.**Block 11: As specified per Task Order**Block 12: As specified per Task Order**Block 13B: See contract clause 52.228-1 to This is a Competitive 8(a) Set-Aside, limited to the Geographical area served by the SBA San Antonio District Office. This Request for Proposal will result in a Firm-Fixed Price Contract, Single award of one (1) Single Award Task Order Contract, (SATOC) to provide for Design/Build or Design/Bid/Build for multi-tasking of construction services with material provisions and fixed labor rates for a wide variety of maintenance, repair, alteration and minor construction type tasks, including asbestos and lead based paint abatement for both military and civil projects primarily for the Army at San Antonio, Texas and within the Southwestern Division Geographic Boundaries primarily for the Air Force.This is a Competitive 8(a) Set-Aside, (limited to the Geographical area served by the SBA San Antonio District Office).Estimated total contract amount of $14,900,000.00; the Government intends to award one (1) contract, a base period with two (2) possible options periods NTE thirty-six (36) months total. Each period w ill not exceed twelve (12) months.**Block 11: As specified per Task Order**Block 12: As specified per Task Order**Block 13B: See contract clause 52.228-1.

CLIN 0001

The CLIN extended description has changed from Provide Design Build or Design Bid Build services under this IDIQ Single Award Task Order Contract as specified under the general Scope of Work and each individual task order.

to Provide Design Build or Design Bid Build services under this IDIQ Single Award Task Order Contract as specified under the general Scope of Work and each individual task order.Estimated total contract duration (Base Period plus two (2) Option Periods) is thirty six (36) consecutive months after the contract award. Duration of each contract period is not to exceed (NTE) 365 days. Any unused capacity in one contract period may be carried over into the subsequent contract period. Estimated total contract amount is a Not to Exceed (NTE) amount of $14,900,000.

Option Periods will be exercised at the Government's discretion. The Government will obligate to the contractor a guaranteed minimum amount of $20,000.00 for the Base Period.NOTE: Line Item Costs will come from Attachment 1, "Bidding Schedule"..

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The following have been added by full text:

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

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

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

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

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

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

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

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

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

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

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

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

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

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

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

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

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

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

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

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

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

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

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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

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

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

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

The following have been modified:

LOCAL INSTRUCTION

PROJECT INFORMATION

a. For technical information regarding plans and specifications contact Fort Worth District Office, Corps of

Engineers, Fort Worth, Texas, telephone, 817/886-1967, Patty Murphy, or e-mail at Patricia.A.Murphy@usace.army.mil .

b. For information regarding bidding procedures or bonds, contact Richard D. Feller, via telephone 817/886-1056;

email at robin.l.shafer@usace.army.mil ; or visit Room 2A19, 819 Taylor Street, Fort Worth, Texas. Collect calls not accepted.

c. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will

NOT be available after receipt of proposals.

GENERAL NOTICES

a. Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in Offers is prescribed in 18 USC 1001. (FAR 52.214-4)

b. The Affirmative Action Requirement of the Equal Opportunity Clause may apply to any contract resulting from this RFP.

BID GUARANTEE

Reference the provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

OFFEROR’S QUALIFICATIONS

Pursuant to FAR 9.1, before an offer is considered for award, the offeror will be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

NOTICE REGARDING POTENTIAL EMPLOYMENT ON MILITARY INSTALLATION

mailto:Patricia.A.Murphy@usace.army.mil mailto:robin.l.shafer@usace.army.mil

If the work called for by this request for proposal is located on a military installation, offerors should check with post/base security to determine if potential employees will be allowed on the base/post to seek employment.

AMENDMENTS TO THIS REQUEST FOR PROPOSALS (RFP)

All amendments to this RFP will be made through the use of the Internet. No additional media (CD ROMS, Floppy Disks, Faxes, or paper) will be provided unless the Government determines that it is necessary. Contractors may view/download this solicitation and all amendments from the Internet after solicitation issuance at https://www.fbo.gov . .All offerors are required to check the website daily to be notified of any changes to this solicitation.

ESTIMATED CONSTRUCTION COST

As required by Defense Federal Acquisition Regulation Supplement (DFARS) 236.204, Disclosure of the magnitude of construction projects, the estimated cost of the proposed construction is Not-To-Exceed (NTE) $14,900,000.00 for Base Bid Period and all Option Periods.

SPECIAL NOTICE CONCERNING INDIVIDUAL SURETIES

The Security interest, including pledged assets as set forth in the FAR 52.228-11, PLEDGES OF ASSETS, and executed Standard Form 28 entitled "AFFIDAVIT OF INDIVIDUAL SURETY" shall be furnished with the bond.

Failure to provide with the bid bond a pledge of assets (security interest) in accordance with FAR 28.203-1 will result in rejection of a bid which is bonded by individual sureties.

PARTNERING

In order to accomplish this contract, the government is encouraging the formation of a cohesive partnership with the contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule. This partnership would be bilateral in make-up and participation would be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

PRINCIPAL CONTRACTING OFFICER

The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Fort Worth District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

PERFORMANCE OF WORK BY CONTRACTOR

The successful bidder/offeror must furnish the Contracting Officer within 20 days after award the following a description of the work which he intends to perform with his own organization (e.g., earthwork, paving, brickwork, or roofing), the percentage of the total work this represents, and the estimated cost thereof.

SMALL BUSINESS SET-ASIDE

8(a) Competitive Solicitation – SBA San Antonio District Office. This requirement is offered to all qualified, responsive eligible 8(a) business concern in accordance with FAR 19.8. Proposals will be restricted to certified 8(a) firms with a bona fide place of business in the Geographical area served by the SBA San Antonio District Office.

JOINT VENTURE AGREEMENTS

Joint Venture Agreements – Joint Venture are allowable on competitive 8(a) set-asides; however, the joint venture agreement must be received by SBA prior to proposal due date and approved before award of any resulting contract.

https://www.fbo.gov/

If you are comtemplating a joint venture on this project, you must advise your assigned SBA Business Development Specialist (BDS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and/or changes needed can be made only only when our BDS has adequate time for a thorough review before the proposal due date. NO CORRECTIONS

AND/OR CHANGES ARE ALLOWED AFTER TIME OF SUBMISSION OF PROPOSAL OR BIDS.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of by task order (as specified per Task Order) (AM1)for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

The following have been deleted:

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2004) -

Alternate I

OCT 1997

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 days (as specified per Task Order)(AM1) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than required by Task Order (as specified per Task Order) (AM1). * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued though the llife of the basic contract. the date of contract award through a period of 365 calendar days from contract award with two (2) 365 calendar days option periods. (AM1)

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2500.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3,000,000 $3,500,000.00 (AM1)

(2) Any order for a combination of items in excess of $3,000,000 $14,900,000.00 (AM1); or

(3) A series of orders from the same ordering office within 30days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

47.8 See Section 00 73 46 6.9 Section 00 73 46 (AM1)

(AM1)

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city]. See Section 00 73 (AM1)

(End of provision)

1. Replacement Sections - Replace the following sections with the accompanying new sections of the same number and title, bearing the notation "ACCOMPANYING AMENDMENT NO. 0001 TO

SOLICITATION NO. W9126G-08-R-0180:"

01 57 20.17 44 ENVIRONMENTAL PROTECTION FOR LACKLAND AFB

01 57 23 STORM WATER POLLUTION PREVENTION MEASURES

01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN

01 78 02.00 44 CLOSEOUT SUBMITTALS

(End of Summary of Changes)

San Antonio Area DBB IDIQ SATOC for Const Services, AF 8a SASAF8A

ACCOMPANYING AMENDMENT NO. 0001 TO SOLICITATION NO. W9126G-08-R-0180

SECTION 01 57 20.17 44

ENVIRONMENTAL PROTECTION FOR LACKLAND AFB

07/2006

AMENDMENT NO. 0001

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

U.S. AIR FORCE (USAF)

AFI 32-1053 Pest Management Program

AFI 32-7040 Hazardous Material Management Air Quality Compliance

LAFB-01 Lackland Soil Management Plan

U.S. ARMY (DA)

AR 200-5 Pest Management

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1910.1200 Hazard Communication

33 CFR 328 Definitions

40 CFR 50-99 Air Programs

40 CFR 68 Chemical Accident Prevention Provisions

40 CFR 152 - 186 Pesticide Programs

40 CFR 260 Hazardous Waste Management System: General

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 263 Transporters of Hazardous Waste

40 CFR 268 Land Disposal Restrictions

40 CFR 273 Standards For Universal Waste Management

40 CFR 279 Standards for the Management of Used Oil

SECTION 01 57 20.17 44 Page 1

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 370-372 Community Right-To-Know

40 CFR 372-SUBPART D EPA Toxic Chemical Release Reporting Regulations

49 CFR 171 - 178 Hazardous Materials Regulations

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (1996) U.S. Army Corps on Engineers Safety and Health Requirements Manual

WETLAND MANUAL Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction and demolition. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources;

and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water. The Contractor is responsible to contain and dispose all brought on-site materials and products by recycling or reuse through manufacturer, local vendors or charitable organizations. Disposal at construction site is prohibited. Disposal to landfill or other disposal facility shall be pre-approved. The Contractor is responsible to provide MSDS of all products or construction material brought on-site for review and approval by the DPW-Environmental Office, Hazardous Waste Materials Program Management.

SECTION 01 57 20.17 44 Page 2

1.2.4 Installation Pest Management Coordinator

Installation Pest Management Coordinator (IPMC) is the individual officially designated by the Installation Commander to oversee the Installation Pest Management Program and the Installation Pest Management Plan.

1.2.4 Project Pesticide Coordinator

The Project Pesticide Coordinator (PPC) is an individual that resides at a Civil Works Project office and that is responsible for oversight of pesticide application on Project grounds.

1.2.5 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor shall discharge water at a rate which allows the water to percolate into the soil. The construction site storm water discharge shall have an EPA or state permit. The Contractor shall routinely assess non-storm water discharge per SECTION 01 57 24 PART 10 & 12.

1.2.6 Pesticide

Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.7 Pests

The term "pests" means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.8 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers,creeks, and/or "waters of the United States" and would require a permit to discharge water from the governing agency.

1.2.9 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328.

1.2.10 Wetlands

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with

WETLAND MANUAL.

SECTION 01 57 20.17 44 Page 3

1.3 GENERAL REQUIREMENTS

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction and demolition operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall comply with all applicable environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations. The Contractor shall comply with local base policy on Community-Right-To-Know laws. The Contractor shall follow requirements on Storm Water Permits as specified in SWPPP and Storm Water Management Plan.

1.3.1 Technical Assistance

Technical assistance for complex environmental problems shall be coordinated with Base Environmental Coordinator, 37 CES/CEV, (210) 671-4844.

1.3.2 Applicable Criteria

In order to prevent and to provide for abatement and control of any pollution or environmental problems arising from the activities of the Contractor and subcontractors in the performance of this contract, they shall comply with all applicable Federal, State, and local laws, and regulation concerning environmental pollution control and abatement.

Work shall be accomplished within the guidance and limitations established by the following:

a. The National Environmental Policy Act of 1969, PL 91-190.

b. The Clean Air Act, November 1990 as amended.

c. The Federal Water Pollution Control Act, December 1977 as amended, PL 95-271.

d. The Safe Drinking Water Act of 1977, PL 95-190.

e. The Noise Control Act of 1972, PL 95-574.

f. Federal Insecticide, Fungicide and Rodenticide Act Amendments, 1972, PL 92-516.

g. Toxic Substances control Act, 1976, PL 94-469.

h. Resource Conservation and Recovery Act of 1976, PL 94-580.

i. Solid Waste Disposal Act Amendments of 1980, as amended, PL 96-482.

j. Title 40, Code of Federal Regulations, Part 260-265, Hazardous Waste Management System, 1980, and Part 761, Polycholorinated Biphenyls (PCBs), 1988.

k. Texas Solid Waste Disposal Act, Article 4477-7 of the Revised Civil Statutes, effective September 1, 1981.

l. Texas Water Quality Act, 1967, as revised.

SECTION 01 57 20.17 44 Page 4

m. Clean Water Act (40CFR120).

n. Water Conservation Policy for Lackland AFB (May 2000).

o. Soil Management Plan for Lackland AFB.

p. Emergency Planning and Community Right-To-Know Act (EPCRA) of 1986

q. Department of Defense (DOD) Non-Hazardous Solid Waste Diversion Rate Measure of Merit (MoM) dated 26 Jan 1999.

r. "Greening the Government," Executive Order (EO) 13148, EO 13101, EO 13123, and EO 13134.

s. Lackland AFB Pollution Prevention Management Action Plan dated September 2002.

t. Lackland AFB Solid Waste Management Plan dated January 2000.

1.3.3 ECATTS Training

Contractor personnel performing construction work on this projcect shall complete "Environmental Compliance Assessment Training and Tracking System (ECATTS) training prior to starting their respective portions of the construction work." This class is mandatory for the Contractor's Project Manager, Project Supertintendent, and Contractor Quality Control Manager.

This training is web-based and can be accessed from any computer with Internet access. Prior to registration and completion of training the Contractor Company Name and Contract Number shall be in the training database. Furnish copies of course completion certificates to the Contracting Officer upon completion of the course. The Contracting Officer will provide required information to access this web-based system."

1.4 SUBCONTRACTORS

The Contractor shall ensure compliance with this section by subcontractors.

1.5 PAYMENT

No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, application, and/or notices obtained by the Contractor, such for as paint booths, welding, brake and clutch service, oil water separator, fuel storage tank, on-site septic system, storm water construction permits, utilties, digging, [Texas Department of Health (TDH) Demolition/Renovation Notification Form,] and occupational safety and health. obtained by the Contractor. In addition, the Contractor shall be responsible for all licenses and permits required for workers, sub-contractors, and transporters. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines/fees for violation or non-compliance with Federal, State, Regional and local laws and regulations.

1.6 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office

SECTION 01 57 20.17 44 Page 5 that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Environmental Protection Plan; G

The environmental protection plan.

ECATTS Training

Furnish training completion certificates prior to start of work of respective activities.

Storm Water Pollution Prevention Plan; G

Submit a copy of the Contractor's Storm Water Pollution Prevention Plan (SWPPP), including both narrative and the EROSION AND SEDIMENT CONTROL drawings, in accordance with the Section

01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN.

SD-02 Shop Drawings

Hazardous Substance Reporting;

The Contractor shall submit a copy of the attached Emergency Planning and Community Right to Know notification and other reports to the Contracting Officer and to the Facility Emergency Coordinator (FEC) as specified in PART 3 paragraph EMERGENCY

PLANNING AND COMMUNITY RIGHT-TO-KNOW REQUIREMENTS.

1.7 ENVIRONMENTAL PROTECTION PLAN

Prior to commencing construction activities or delivery of materials to the site, the Contractor shall submit an Environmental Protection Plan for review and approval by the Contracting Officer. The purpose of the Environmental Protection Plan is to present a comprehensive overview of known or potential environmental issues which the Contractor must address during construction. Issues of concern shall be defined within the Environmental Protection Plan as outlined in this section. The Contractor shall address each topic at a level of detail commensurate with the environmental issue and required construction task(s). Topics or issues which are not identified in this section, but which the Contractor considers necessary, shall be identified and discussed after those items formally identified in this section. Prior to submittal of the Environmental Protection Plan, the Contractor shall meet with the Contracting Officer for the purpose of discussing the implementation of the initial Environmental Protection Plan; possible subsequent additions and revisions to the plan including any reporting requirements; and methods for administration of the Contractor's Environmental Plans. The Environmental Protection Plan shall be current and maintained onsite by the Contractor.

1.7.1 Compliance

No requirement in this Section shall be construed as relieving the Contractor of any applicable Federal, State, and local environmental protection laws and regulations. During Construction, the Contractor shall be responsible for identifying, implementing, and submitting for approval any additional requirements to be included in the Environmental Protection

SECTION 01 57 20.17 44 Page 6

Plan.

1.7.2 Contents

The environmental protection plan shall include, but shall not be limited to, the following:

a. Name(s) of person(s) within the Contractor's organization who is(are) responsible for ensuring adherence to the Environmental Protection Plan.

b. Name(s) and qualifications of person(s) responsible for manifesting hazardous waste to be removed from the site, if applicable.

c. Name(s) and qualifications of person(s) responsible for training the Contractor's environmental protection personnel.

d. Description of the Contractor's environmental protection personnel training program.

e. An erosion and sediment control plan which identifies the type and location of the erosion and sediment controls to be provided. The plan shall include monitoring and reporting requirements to assure that the control measures are in compliance with the erosion and sediment control plan, Federal, State, and local laws and regulations. A Storm Water Pollution Prevention Plan (SWPPP), following TCEQ's Permit TXR15000 requirements, may be substituted for this plan. The Storm Water Pollution Prevention Plan (SWPPP), or erosion and sediment control plan, shall include name(s) and qualifications of person(s) responsible for monitoirng compliance of erosion and sediment control for the duration of the construction until final acceptance by the Contracting Officer representative (COR). Storm Water Pollution Plan shall be prepared in accordance with Section 01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN. The Contractor shall start soil disturbing activities, 48 hours (7 days for NPDES) after submittal of the Contractor's NOI (by the Contractor) and the Government's NOI (by the Government). The Government's NOI shall be submitted after review and approval of the Contractor's field and operation specific SWPPP (with all ATTACHMENTS stated in PART 12, Section 01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN. The Contractor shall post at construction site entrance the following: Construction Site Notice, the signed Contractor's NOI, the signed Government's NOI. The Contractor shall have on-site the SWPPP with all ATTACHMENTS (as stated in PART 12 of Section 01 57 24.00 44 STORM WATER POLLUTION PREVENTION PLAN) available to the regulatory agency.

f. Drawings showing locations of proposed temporary excavations or embankments for haul roads, stream crossings, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials including methods to control runoff and to contain materials on the site.

g. Traffic control plans including measures to reduce erosion of temporary roadbeds by construction traffic, especially during wet weather. Plan shall include measures to minimize the amount of mud transported onto paved public roads by vehicles or runoff.

h. Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should

SECTION 01 57 20.17 44 Page 7 include measures for marking the limits of use areas including methods for protection of features to be preserved within authorized work areas.

i. Drawing showing the location of borrow areas.

j. The Spill Control plan shall include the procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under State or Local laws and regulations. The Spill Control Plan supplements the requirements of EM 385-1-1. This plan shall include as a minimum:

1. The name of the individual who will report any spills or hazardous substance releases and who will follow up with complete documentation. This individual shall immediately notify the Contracting Officer and [the local Fire Department] [Facility Fire Department] [Facility Response Personnel] [Facility Environmental Office] in addition to the legally required Federal, State, and local reporting channels (including the National Response Center 1-800-424-8802) if a reportable quantity is released to the environment. The plan shall contain a list of the required reporting channels and telephone numbers.

2. The name and qualifications of the individual who will be responsible for implementing and supervising the containment and cleanup.

3. Training requirements for Contractor's personnel and methods of accomplishing the training.

4. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work of the potential hazard(s) identified.

5. The names and locations of suppliers of containment materials and locations of additional fuel oil recovery, cleanup, restoration,…