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W9126G-08-R-0192

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - CONTINUATION PAGE

SUMMARY OF CHANGES

CHANGES TO DOCUMENTS 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

1. Replacement Sections.- Replace the following sections with the accompanying new sections of the same title and number, each bearing the notation "ACCOMPANYING AMENDMENT NO. 0005 TO SOLICITATION NO.

W9126G-08-R-0192:"

00 11 00 PRICING SCHEDULE

00 73 00 SPECIAL CONTRACT REQUIREMENTS

End of Summary of Changes

ACCOMPANYING AMENDMENT NO. 0005 TO SOLICITATION NO. W9126G-08-R-0192

Estimated Estimated Item No. Description Quantity Unit Unit Price Amount

0001 (AM#5) All design, base bid and options, including barracks, CEP's, structural wall repairs, except for design and analysis to meet (AM#4) AT/FP 82' standoff and progressive collapse requirements. 1 LS *** $

0002 TASK A for Drainage 1 LS *** $

0003 TASK B for Drainage: *** *** *** *** 0003A TASK B work for Bldg 1348 1 LS *** $ 0003B All work in Task B except Bldg 1348 1 LS *** $

0004 TASK C for Drainage 1 LS *** $

0005 TASK D for Drainage 1 LS *** $

0006 TASK E for Drainage 1 LS *** $

0007 TASK F for Drainage 1 LS *** $

0008 Renovate Bldg. 1348 1 LS *** $

0009 Renovate Bldg. 1150 1 LS *** $

0010 Renovate Bldg. 1154 1 LS *** $

0011 Renovate Bldg. 1156 1 LS *** $

0012 Renovate Bldg. 1346 1 LS *** $

0013 Renovate CEP 1172, demo existing piped water lines, install Chilled and Hot Water Lines to supply existing buildings serviced by this plant. Convert Mech. rm to 4 pipe in all bldgs. 1 LS *** $

0014 Operation and Maintenance Manuals 1 LS *** $ 75,000.00

0015 Final Record Drawings 1 LS *** $ 50,000.00

0016 Project Completion Time * Completion Time for Item of Work (1) (NOT to exceed the maximum time stated in Item of Work (1), Section 00 10 00.44) ______ calendar days *See Section 01 00 00.44, Design and Construction Schedule, paragraph 1.1a

PRICING SCHEDULE

TOTAL BASE PROPOSAL

BASE PROPOSAL (AM#4): All work required by the plans and specifications exclusive of work required by the Option Items.

SECTION 00 11 00.02

Estimated Estimated Item No. Description Quantity Unit Unit Price Amount

PRICING SCHEDULE

SECTION 00 11 00.02

OPTIONS

FOR PHASE 1

0017 OPT 1 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking, all Phase 1 except Bldg 1348 1 LS *** $

0018 OPT 2: Structural Wall Repairs, all Phase 1 except Bldg

1348 1 LS *** $

0019 OPT 3: Replace Cooling Towers 1 LS *** $ 0020 OPT 4: Install Solar For Domestic Hot Water 1 LS *** $ 0021 OPT 5: Install Gray Water Heat Recovery 1 LS *** $ 0022 OPT 6 : Decentralize Heating Plant 1 LS *** $ 0023 OPT 7: Mill/Overlay parkinging (14 AC), Striping 18000 LF

1 LS *** $

OPT 8 : BLDG 1348 (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $

0025 OPT 9 : BLDG 1348: Structural Wall Repairs 1 LS *** $

FOR PHASE 2

0026 OPT 10: Renovate CEP 1941, demo existing piped water lines, install Chilled and Hot Water Lines to supply existing buildings serviced by this plant. Convert Mech rm to 4 pipe in all bldgs. 1 LS *** $

0027 OPT 11: Replace Cooling Towers 1 LS *** $

'0028 BLDG 1945 *** *** *** ***

0028AA OPT 12: Renovate BLDG 1945 1 LS *** $ 0028AB OPT 13: Strutural wall repair 1 LS *** $ 0028AC OPT 14 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Dem parking 1 LS *** $ 0028AD OPT 15: Install Solar For Domestic Hot Water 1 LS *** $ 0028AE OPT 16: Install Gray Water Heat Recovery 1 LS *** $

'0029 BLDG 1948 *** *** *** ***

'0029AA OPT 17: Renovate BLDG 1948 1 LS *** $ '0029AB OPT 18: Structural Wall Repairs 1 LS *** $ '0029AC OPT 19 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ '0029AD OPT 20: Install Solar For Domestic Hot Water 1 LS *** $ '0029AE OPT 21: Install Gray Water Heat Recovery 1 LS *** $

'0030 BLDG 1950 *** *** *** ***

'0030AA OPT 22: Renovate Bldg. 1950 1 LS *** $ '0030AB OPT 23: Structural Wall Repairs 1 LS *** $ '0030AC OPT 24: (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ '0030AD OPT 25: Install Solar For Domestic Hot Water 1 LS *** $ '0030AE OPT 26: Install Gray Water Heat Recovery 1 LS *** $

TOTAL BLDG 1945

TOTAL BLDG 1950

TOTAL BLDG 1948

Estimated Estimated Item No. Description Quantity Unit Unit Price Amount

PRICING SCHEDULE

SECTION 00 11 00.02

'0031 BLDG 2043 *** *** *** ***

'0031AA OPT 27: Renovate Bldg. 2043 1 LS *** $ '0031AB OPT 28: Structural Wall Repairs 1 LS *** $ '0031AC OPT 29 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ '0031AD OPT 30: Install Solar For Domestic Hot Water 1 LS *** $ '0031AE OPT 31: Install Gray Water Heat Recovery 1 LS *** $

0032 OPT 32 : Decentralize Heating Plant 1 LS *** $ 0033 OPT 33: Mill/Overlay parkinging (14 AC),Striping 18000 1 LS *** $

FOR PHASE 3

0034 OPT 34 : Renovate CEP 2271, demo existing piped water lines, install Chilled and Hot Water Lines to supply existing buildings serviced by this plant. Convert Mech rm to 4 pipe in all bldgs. 1 LS *** $

0035 OPT 35: Replace Cooling Towers 1 LS *** $

0036 BLDG 2274 *** *** *** ***

0036AA OPT 36 : Renovate Bldg. 2274 1 LS *** $ 0036AB OPT 37: Structural Wall Repairs 1 LS *** $ 0036AC OPT 38 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0036AD OPT 39: Install Solar For Domestic Hot Water 1 LS *** $ 0036AE OPT 40: Install Gray Water Heat Recovery 1 LS *** $

0037 BLDG 2278 *** *** *** ***

0037AA OPT 41 : Renovate Bldg. 2278 1 LS *** $ 0037AB OPT 42: Structural Wall Repairs 1 LS *** $ 0037AC OPT 43 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0037AD OPT 44: Install Solar For Domestic Hot Water 1 LS *** $ 0037AE OPT 45: Install Gray Water Heat Recovery 1 LS *** $

0038 BLDG 2279 *** *** *** ***

0038AA OPT 46 : Renovate Bldg. 2279 1 LS *** $ 0038AB OPT 47: Structural Wall Repairs 1 LS *** $ 0038AC OPT 48 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0038AD OPT 49: Install Solar For Domestic Hot Water 1 LS *** $ 0038AE OPT 50: Install Gray Water Heat Recovery 1 LS *** $

TOTAL BLDG 2278

TOTAL BLDG 2279

TOTAL BLDG 2043

TOTAL BLDG 2274

Estimated Estimated Item No. Description Quantity Unit Unit Price Amount

PRICING SCHEDULE

SECTION 00 11 00.02

0039 BLDG 2386 *** *** *** ***

0039AA OPT 51 : Renovate Bldg. 2386 1 LS *** $ 0039AB OPT 52: Structural Wall Repairs 1 LS *** $ 0039AC OPT 53 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0039AD OPT 54: Install Solar For Domestic Hot Water 1 LS *** $ 0039AE OPT 55: Install Gray Water Heat Recovery 1 LS *** $

PHASE 3 (cont) 0040 OPT 56 : Renovate CEP 1628, demo existing piped water lines, install Chilled and Hot Water Lines to supply existing buildings serviced by this plant. Convert Mech rm to 4 pipe in all bldgs. 1 LS *** $

0041 OPT 57: Replace Cooling Towers 1 LS *** $

0042 BLDG 293 *** *** *** ***

0042AA OPT 58 : Renovate Bldg. 293 1 LS *** $ 0042AB OPT 59: Structural Wall Repairs 1 LS *** $ 0042AC OPT 60 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0042AD OPT 61: Install Solar For Domestic Hot Water 1 LS *** $ 0042AE OPT 62: Install Gray Water Heat Recovery 1 LS *** $

0043 BLDG 1631 *** *** *** ***

0043AA OPT 63 : Renovate Bldg. 1631 1 LS *** $ 0043AB OPT 64: Structural Wall Repairs 1 LS *** $ 0043AC OPT 65 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0043AD OPT 66: Install Solar For Domestic Hot Water 1 LS *** $ 0043AE OPT 67: Install Gray Water Heat Recovery 1 LS *** $

0044 BLDG 1635 *** *** *** ***

0044AA OPT 68 : Renovate Bldg. 1635 1 LS *** $ 0044AB OPT 69: Structural Wall Repairs 1 LS *** $ 0044AC OPT 70 : (AM#4) Design & construct AT/FP 82' standoff and Progressive Collapse/Demo parking 1 LS *** $ 0044AD OPT 71: Install Solar For Domestic Hot Water 1 LS *** $ 0044AE OPT 72: Install Gray Water Heat Recovery 1 LS *** $

0045 OPT 73 : Decentralize Heating Plant (all bldg in phase 3) 1 LS *** $ 0046 OPT 74: Mill/Overlay parkinging (28 AC)striping 36000 LF 1 LS *** $

TOTAL BLDG 2386

TOTAL (BASE PROPOSAL + ALL OPTIONS)

TOTAL (BASE PROPOSAL)

TOTAL BLDG 293

TOTAL BLDG 1635

TOTAL BLDG 1631

PRICING SCHEDULE (cont)

NOTES:

1. ARITHMETIC DISCREPANCIES (EFARS 14.407-2)

(a) For the purpose of initial evaluation of proposals, the following will be utilized in resolving arithmetic discrepancies found on the face of the clin schedule as submitted by offerors:

(1) Obviously misplaced decimal points will be corrected;

(2) In case of discrepancy between unit price and extended price, the unit price will govern;

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

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

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

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

2. If a modification to a proposal based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the clin schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the clin schedule.

3. Offerors must bid on all items.

4. Costs attributable to Division 01 - General Requirements are assumed to be prorated among price items listed.

5. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

6. The Army will procure this structure through a design and cost competition in accordance with the provisions set forth in this Request for Proposal (RFP). When a contract is awarded, it will be a Firm Fixed Price Contract.

7. Any proposal that is materially unbalanced as to prices for the Price Schedule may be rejected. An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.

8. EXERCISE OF OPTIONS (SWDR 715-1-1 (16 January 1996))

The Government reserves the right to exercise the option(s) by written notice to the Contractor either singularly or in any combination for up to 120 calendar days after award of the Base Proposal without an increase in the Offeror's Proposal Price. Completion of added items shall continue at the same schedule as the Base Proposal unless otherwise noted in Section 01 00 00.00 44 DESIGN AND CONSTRUCTION SCHEDULE, paragraph 1 entitled SCHEDULE.

PRICING SCHEDULE (cont)

NOTES: (cont

9. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. LS (lump sum)

END OF PRICING SCHEDULE

Section 00 73 00 Page 1

SECTION 00 73 00

REV 2.2 - 28 MAR 2008

SPECIAL CONTRACT REQUIREMENTS

(AM#4 and #5)

1.0 GENERAL

1.1 REFERENCES – NOT USED

1.2 DESIGN/BUILD CONTRACT – ORDER OF PRECEDENCE (AUG 97)

1.3 PROPOSED BETTERMENTS (AUG 97)

1.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (AM#4)

1.5 PARTNERING (AUG 97)

1.6 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

(MAY 06)

1.7 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

1.8 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

1.9 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

1.10 VALUE ENGINEERING AFTER AWARD (JUN 99)

1.11 DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

1.12 GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

1.13 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JUL 03)

1.14 GOVERNMENT RE-USE OF DESIGN (SEP 05)

1.15 ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (JULY 05)

1.16 US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL

(MAR 06)

1.17 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

1.18 SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (DEC 06)

1.19 CONTRACTOR PERFORMANCE EVALUATION

Section 00 73 00 Page 2

1.20 CORRESPONDENCE IDENTIFICATION

1.21 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.22 ELECTRONIC SUBMITTAL OF OFFEROR’S PROPOSAL

1.23 ACCESS TO AUTOMATED INFORMATION SYSTEMS (AIS)

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

Section 00 73 00 Page 3

1.0 GENERAL

1.1. REFERENCES - NOT USED

1.2. DESIGN/BUILD CONTRACT - ORDER OF PRECEDENCE (AUG 97)

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror's accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

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

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitations. (See also contract Clause: 52.236- 21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

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

1.3. PROPOSED BETTERMENTS (AUG 97)

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

(b) “Betterment” is defined as any component or system which exceeds the minimum requirements stated in the Request for Proposal. This includes all betterments identified in the proposal and/or all Government identified betterments.

(AM#4)

1.4 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 15% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract, if, during performing of the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

Section 00 73 00 Page 4

1.5. PARTNERING (AUG 97)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, [not supplied], the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. All costs, excluding labor and travel expenses, shall be shared equally between the Government and the Contractor. The Contractor and Government shall be responsible for their own labor and travel costs.

1.6. KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

(MAY 2006)

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor’s accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.7. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

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

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

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

Section 00 73 00 Page 5

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

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

1.8. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (MAY 02)

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph

(b) of Special Contract Requirement RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN.

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

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

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

1.9. CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

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

1.10. VALUE ENGINEERING AFTER AWARD (JUNE 99)

(a) In reference to Contract Clause 52.248-3, VALUE ENGINEERING - CONSTRUCTION, the Government may refuse to entertain a “Value Engineering Change Proposal” (VECP) for those “performance oriented” aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

Section 00 73 00 Page 6

(b) The Government may consider a VECP for those “prescriptive” aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(c) For purposes of this clause, the term “performance oriented” refers to those aspects of the design criteria or other contract requirements which allow the Offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term “prescriptive” refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific materials, approaches, systems and/or processes to be used.

Prescriptive aspects typically allow the Offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation or other approach to fulfill the contract requirements.

1.11. DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

(a) The Contractor shall obtain the approval of the Designer of Record and the Government's concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

(b) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the Request for Proposals and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

Section 00 73 00 Page 7

1.12. GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS (JUL 02)

This is to clarify that contract clause 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

1.13. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JUL 03)

This is to clarify that contract clause 252.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, refers to any specifications and drawings furnished in the Request for Proposal (RFP).

The term “specifications” refers to the design criteria or scope of work, in addition to any attached specifications.

1.14. GOVERNMENT RE-USE OF DESIGN (MAY 06)

In conjunction with the Clause 252.227-7022, GOVERNMENT RIGHTS UNLIMITED, the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and as-built documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

1.15. ADDITIONAL MONTHLY INCENTIVE PROGRESS PAYMENT (MAY 06)

(a) As an incentive for maintaining satisfactory progress, The Government offers to make an interim monthly progress payment for satisfactory design and construction work in compliance with the contract, while construction operations are underway, up to turnover of the facilities to the Government. This is a second monthly progress payment, in between the regular monthly progress payment that is described in Contract Clause 52.232-5, PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS.

(b) As a condition for the additional progress payment, the Contractor must maintain progress within 2% of scheduled progress and within 7 calendar days of the scheduled progress along the critical path(s) at the time of submission.

(c) All requirements of the contract clauses PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS and 52.232-25, PROMPT PAYMENT, will apply to the interim progress payment. In lieu of submitting an updated progress schedule to substantiate the amounts included in the interim progress payment, the Contracting Officer will determine what documentation is required to support an interim payment, including the required Prompt Payment Certification. For the next regular monthly progress payment following an interim payment, the Contractor shall reconcile the interim progress payment against actual progress.

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1.16. US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL

(MAR 06)

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil/hqhome/ . At the HQ homepage, select HQ Offices, scroll to Safety & Occ. Health; at the Safety and Occupational Health Home page, select EM 385-1-1, then most recent dated edition & changes, English Version (controlling with changes), then Changes to EM 385-1-1.

1.17. SUPPLEMENTAL PRICE BREAKDOWN INFORMATION:

After contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot, including major building systems to the five-foot line, for programming validation purposes. There will be no separate payment for this information and the Contractor shall include it in the contract price. The Government will provide a format with the directive.

1.18. SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (DEC 06)

(a) The Contractor shall employ a competent person at each project to function as the Site Safety and Health Officer (SSHO) in accordance with EM 385-1-1, Section 01.A.17. Based on project size and complexity, the SSHO will have at least the minimum qualifications listed below. Submit the qualifications of the proposed SSHO for Government Approval.

(b) The SSHO may be a collateral duty responsibility. The SSHO shall have, as a minimum:

(1) 3 years safety work on similar type construction, and

(2) The 30-hour OSHA construction safety class or equivalent within last 3 years and

(3) Competent person training as required based on applicability (Scaffolds, Cranes, Fall Protection, Confined space, or others).

1.19 CONTRACTOR PERFORMANCE EVALUATION

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s

Section 00 73 00 Page 9 computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site:

http://www.cpars.csd.disa.mil/ If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

1.20 CORRESPONDENCE IDENTIFICATION

a. The Contractor shall use a serial numbering system on all formal correspondence sent to the Contracting Officer or his representative. The Contractor will provide one original and two duplicate copies of all correspondence.

b. The Contractor may use a Request for Information (RFI) system for drawing/specification clarifications, subject to the following conditions:

1. The Contractor shall use a sequential numbering system for all RFI's separate and apart from the correspondence numbering system.

2. The Contractor shall provide one original and two copies of all RFI's.

3. The Contractor shall designate ONE individual responsible person, subject to approval by the Contracting Officer, for reviewing and issuing RFI's.

4. For projects requiring Network Analysis Systems (NAS), all RFI's shall identify the NAS activities directly or indirectly affected by the RFI on the progress schedule. The Contractor should anticipate a minimum of 10 calendar days for Government review and response.

5. No requests for deviations or variations from the contract by RFI will be allowed.

Deviations/variations are to be submitted on ENG Form 4025 as described in Section 01330 Submittal Procedures.

6. The use of RFI's does not relieve the Contractor of the responsibility for reviewing the contract documents and coordinating the work to be performed. If the Contracting Officer determines that the RFI system is being used for other than its intended purpose, the Contracting Officer has the authority to discontinue the use of the RFI's for the remainder of the contract.

1.21 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of

EFARS 52.231-5000, EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE.

Interested parties may purchase copies of EP 1110-1-8 (Volumes 1 through 12) by phoning (202) 783- 3238, or by writing "Superintendent of Documents U.S. Government Printing Office, Washington, D.C.

Section 00 73 00 Page 10

20402." Major credit cards are accepted. An electronic copy of this publication may be found the US Army Corps of Engineers Publication web site at http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/cecw.htm.

1.22 ELECTRONIC SUBMITTAL OF OFFEROR’S PROPOSAL

In accordance with Section 00 22 11, the Offeror is required to submit an electronic copy of the initial proposal and one electronic copy of the final proposal revision, if applicable. In the event any discrepancy is discovered between the printed version of the offeror’s submitted proposal and this electronic version, the printed version shall govern.

1.23 ACCESS TO AUTOMATED INFORMATION SYSTEMS (AIS)

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation.

The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF- 85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Fort Worth District Security Officer within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Fort Worth District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Fort Worth District Security Office will process the investigation in coordination with the Contractor and contract employees.

In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees.

(NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Section 00 73 00 Page 11

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

--End of Section--

ISSUED BY:

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT (RM 2A19)

PO BOX 17300

FORT WORTH, TX 76102-0300

See Continuation Sheet(s).

NOTE: Proposal due date remains 22 August 2008, at 2:00 p.m. local time, as previously announced.