am_5.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53 243

The Solicitation for Design-Build, Request for Proposal, Engineers Battalion Headquarters, White Sands Missile Range, New Mexico, is amended as follows:

See SF30 Continuation Sheet(s)

NOTE: Proposal Receipt date is 30 April 2009, 3:00 p.m., local time, as shown on next page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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 9A. AMENDMENT OF SOLICITATION NO.

W9126G-09-R-0044

X 9B. DATED (SEE ITEM 11)

13-Mar-2009

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

22-April-2009

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-09-R-0044

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

CHANGE TO PROPOSAL RECEIPT DATE

1. Proposal Receipt Date: Change the proposal receipt date from "28 April, 2009, 3:00 p.m. local time" to "30 April 2009, 3:00 p.m. local time ".

CHANGES TO DOCUMENTS 00 - INTRODUCTORY, BIDDING, AND CONTRACT REQUIREMENTS

2. New Sections - Add the following accompanying new section, bearing the notation "W9126G-09-R-0044 - 0005:"

SECTION 00 73 00 SPECIAL CONTRACT REQUIREMENTS

3. Replacement Sections: Replace the following section with the accompanying new section of the same number and title bearing the notation " W9126G-09-R-0044 - 0005:"

SECTION 00 73 10 SUPPLEMENTAL CONTRACT REQUIREMENTS

CHANGES TO DIVISION 01 - GENERAL REQUIREMENTS

4. Section 01 10 00 Statement of Work, paragraph 6.4.1 - Revise that portion of this paragraph that was previously revised by Amend. No. 0001, to read:

The Finished Pad Elevation is at 12 inches below the Finished Floor Elevation requiring the DB Contractor to cut the pad down to the elevation needed for the slab and/or base couse. Excess soil in a clean condition may be placed into the borrow pit.

5. Section 01 10 00 Statement of Work, paragraph 6.3(a) -

Add the following sentence:

The minimum wall and gate height of the dumpster enclosure shall be 8 feet. The wall shall be constructed of natural stone per the White Sands Missile Range Engineers Battalion - Unit Operations Facility Area Development Guide and the White Sands Missile Range Installation Design Guide. The color of the gate shall match Pantone color 18-1124, "Partridge".

QUESTIONS AND ANSWERS

A copy of Bidders Questions and Answers is included with this amendment.

End of Summary of Changes

Section 00 73 00 W9126G-09-R-0044-0005

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

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 SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06/UPDATED FEB 08)

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

1.20 Restricted Access Requirements

1.21 RMS/QCS

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

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.

1.4. SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR (MAR 06/UPDATED FEB 08)

(a) The following describes the applicable clause or requirement for self-performance of work by the Contractor, depending upon the type of solicitation (e.g., unrestricted or full or partial set-aside) and/or whether or not a price evaluation preference was provided for in the source selection evaluation.

(b) Contract clause 52.236-1, PERFORMANCE OF WORK BY THE CONTRACTOR, is applicable to unrestricted procurement contract awards to any business except as explained in paragraphs c. and e., below.

(c) In lieu of the above clause, contract clause 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS is applicable for award to a HUBZone small business concern on an unrestricted solicitation when the awardee is a HUBZone small business concern or joint venture and claimed a price evaluation preference in accordance with the clause. For purposes of this clause, “cost of the contract” includes all direct and indirect costs, excluding profit or fees. “Cost of contract performance incurred for personnel” means direct labor costs and any overhead which has only direct labor as its base, plus the concern’s general and administrative overhead rate multiplied by the labor cost.

(d) Contract clause 52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE is applicable to awards made under a partial or total HubZone set-aside. For purposes of this clause, “cost of the contract” includes all direct and indirect costs, excluding profit or fees. “Cost of contract performance incurred for personnel” means direct labor costs and any overhead which has only direct labor as its base, plus the concern’s general and administrative overhead rate multiplied by the labor cost.

(e) Contract Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING, is the applicable requirement for awards to small business concerns for solicitations that were fully or partially set-aside for Small Business, 8(a), or award to a small disadvantaged business (SDB) concern on an unrestricted procurement where an SDB concern has claimed a price evaluation preference (but see next paragraph for suspension of the SDB price preference).

(f) The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for SDBs in DoD procurements (FAR Clause 52.219-23), as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2007. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2008. This suspension applies to all solicitations issued during the period from March 10, 2008, to March 9, 2009. Said FAR Clause is not included in or made a part of this RFP. FAR Clause 52.219-4, relating to a 10% price evaluation preference for HUB ZONE small business concerns, is included in and made a part of this RFP. PLEASE NOTE HOWEVER, that paragraph (b) (3) of the FAR Clause 52.219-4, is inapplicable also due to the referenced suspension of FAR Clause 52.219-23.

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.

(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.

(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.

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.

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): See Section

00 73 10 Paragraph 1.9

1.19 CONTRACTOR PERFORMANCE EVALUATION: See Section 00 73 10 Paragraph 1.29

1.20 Restricted Access Requirements

1. NOTICE OF RESTRICTED ACCESS TO WHITE SANDS MISSILE RANGE: See Section 00 73 10 Paragraph 1.32

2. SECURITY REQUIREMENTS: See Section 00 73 10 Paragraph 1.33

2.1 Contractor Access Program: See Section 00 73 10 Paragraph 1.33.1

2.2 Background Checks: See Section 00 73 10 Paragraph 1.33.2

2.2 Identification of Employees: See Section 00 73 10 Paragraph 1.33.3

3. UNEXPLODED ORDNANCE: See Section 00 73 10 Paragraph 1.34

4. RESTRICTED ACCESS, ROADBLOCKS, AND UXOs: See Section 00 73 10 Paragraph 1.35

2.21 RMS/QCS: See Section 00 73 10 Paragraph 1.36

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

W9126G-09-R-0044-0005

SECTION 00 73 10

REV 1.1 - 15 JAN 2008

SUPPLEMENTAL CONTRACT REQUIREMENTS

1.0 GENERAL

1.1 COST LIMITATION

1.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984).

1.3 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000).

1.4 252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (AUG 2000).

1.5 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15) (OCT 1989).

1.6 PHYSICAL DATA (FAR 52.236-4) (APR 1984).

1.7 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

1.8 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (EFARS 52.232-5000) (MAR 1995).

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

1.10 CORRESPONDENCE IDENTIFICATION

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12 ELECTRONIC SUBMITTAL OF OFFEROR’S PROPOSAL

1.13 ACCESS TO AUTOMATED INFORMATION SYSTEMS (AIS)

1.14 IDENTIFICATION OF CONTRACTOR EMPLOYEES IN THE FEDERAL WORKPLACE (Sep 2008)

1.15 STREET CLOSINGS

1.16 CONTRACTOR VERIFICATION OF CONTRACT SURVEY DATA

1.17 DEFINITIONS

1.18 CONTRACTOR TEMPORARY FACILITIES

1.19 TEMPORARY PROJECT SAFETY FENCING

1.20 CONSTRUCTION QUALITY MANAGEMENT FOR CONTRACTORS"COURSE

1.21 BACKFLOW PREVENTERS CERTIFICATE

1.22 CLEANUP

W9126G-09-R-0044 - 0005

1.23 REAL PROPERTY MAINTENANCE RECORDS

1.24 TERMINOLOGY

1.25 REQUIRED INSURANCE

1.26 UTILITIES

1.27 SECURITY REQUIREMENTS

1.28 HAZARDOUS MATERIALS

1.29 CONTRACTOR PERFORMANCE EVALUATIONS

1.30 CONTRACTOR PAYROLL RECORD

1.31 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-l-l

1.32 NOTICE OF RESTRICTED ACCESS TO WHITE SANDS MISSILE RANGE

1.33 SECURITY REQUIREMENTS

1.34 UNEXPLODED ORDNANCE

1.35 RESTRICTED ACCESS, ROADBLOCKS, AND UXOs

1.36 RMS/QCS

1.0 GENERAL

1.1. COST LIMITATION

The cost limitation for this task order is $ 3,800,000.00

1.2. 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984).

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the number of calendar days specified below. The time stated for completion shall include final cleanup of the premises.

a. Complete the Design and Construction of the Engineers Battalion Headquarters Facilities and site work, exclusive of turfing and landscaping, no later than 540 calendar days from receipt of the notice to proceed.

b. Commencement and Completion of Turfing: Turfing work shall be accomplished during the first planting season, or portion thereof (but not less than 15 days), following substantial completion of building construction. Maintenance of turfing work shall commence immediately after completion of initial watering and shall continue for a period of not less than 45 calendar days. Refertilizing shall commence not earlier than 5 weeks after commencement of maintenance and shall be completed not later than 3 days after commencement. No payment will be made for establishment of turf until all requirements for turfing are adequately performed and accepted as determined by the contracting officer.

c. Commencement and Completion of Landscaping: Planting of trees, shrubs, and vines shall be accomplished during the first planting season, or portion thereof (but not less than 15 days), following substantial completion of building construction. Maintenance and replacement of trees, shrubs, and vines shall commence immediately after each plant is planted, mulched, and staked and shall continue for a period of 120 calendar days after all plants are planted, mulched, and staked.

Notes:

(1) If the Offeror proposes a shorter duration than what is shown above, the Offeror’s duration will become the contractually binding completion period, inclusive of all review periods and Government phasing requirements specified. If the Government accepts a proposal for a completion period of lesser duration, and such proposal alters the time periods for review and phasing, the Contract shall be read to include the original periods for review and phasing.

(2) As-Built Drawings. The Contractor shall complete work on the final as-built drawings upon his receipt of the approved working as-built drawings. The Contractor shall provide final as-built drawings as specified in Section 01 78

02.00 44 Closeout Submittals. Upon satisfactory completion of this work the Contractor shall have earned the the withholding amount shown for Final As-Built Drawings in Section 01 78 02.00 44 Closeout Submittals.

(3) O & M Manuals. O & M Manuals shall be developed and submitted in accordance with Section 01 78 02.00 10 Design Build Project Closeout, at least 60 calendar days prior to the scheduled contract completion date. Upon approval of fully developed O & M Manuals, the Contractor shall have earned the withholding amount shown for "Operations and Maintenance Manuals" in Section 01 78 02.00 44 Closeout Submittals.

(4) In the event the Heating and/or Air Conditioning Systems cannot be tested at or near design temperatures during the above period, beneficial occupancy and use of the facilities may be accepted and final testing and adjustments of the heating and/or air conditioning deferred as specified in the appropriate testing clauses of the Technical Provisions. The HVAC Testing that the Contractor schedules after substantial completion has a value to the Government of 10 percent of the value of the equipment to be tested. The Contractor shall reserve that amount to be paid on any equipment that will require testing after substantial completion pursuant to the above referenced specification paragraph.

1.3. 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 $ 400.00 for each calendar day of delay until the work is completed or accepted. In the event that the completion date for the work covered by two or more items of work becomes delinquent concurrently, the liquidated damages will not be the sum of the liquidated damages for each item of work which becomes delinquent in the amounts stated.

(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.

1.4. 252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (AUG 2000).

(a) The Government -

(1) The Contract shall consist of the documents enumerated in Section 00 73 00 SPECIAL CONTRACT REQUIRMENTS’ clause DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE. It is the Contractor’s responsibility to reproduce a set of contract drawings and specifications from the solicitation, including amendments.

The Government will not provide the Contractor contract drawings or specifications beyond the documents provided during the solicitation stage. The Government will not provide the Contractor any hard copy paper drawings or specifications for any contract resulting from this solicitation. Publications incorporated into the technical provisions by reference will not be provided except as chosen by the Contracting Officer.

(b) The Contractor shall -

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general -

(1) Large-scale drawings shall govern small-scale drawings.

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

1.5. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989)

(ER 415-1-15)(52.0001-4038 1/96)

a. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause FAR 52.249-10 entitled "DEFAULT: (FIXED PRICE CONSTRUCTION)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor.

b. Weather Conditions

(1) Climate is typical of the southwest desert with a wide temperature range between day and night, often as high as 50 degrees F change in 24 hours. The annual range temperature is from a maximum of 108 degrees F in summer to an extreme low of 0 degrees F in winter. The recorded low was -10 degrees F.

(2) Average annual rainfall varies from about 9.5 inches in the southern part of the reservation to over 10 inches in the northern part. During most years, about 60 percent precipitation occurs in July, August, and September.

(3) The prevailing winds are out of the west. A salient feature of these winds is their gusty nature. Wind velocities have reached a maximum of 123 miles per hour. The higher velocities are experienced adjacent to the mountains, and the lower velocities in the valley regions. These winds, chiefly from the west and southwest, vary from small whirlwinds known as "dust-devil," to high winds of more than 24-hour duration. The dust-devil type of whirlwinds throw sand and gravel with sufficient velocity to cause visible pitting of automobile windows and impingement. The high winds with their gusts have removed windows and roofs from houses and buildings in the Post Area. The sand and dust (most prevalent in the spring), cause rapid deterioration of unprotected equipment and instruments. Damaging high winds have also been recorded in November, December, and March. (4) The following schedule of monthly anticipated adverse weather delays due to precipitation and temperature is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. Wind is not considered in the Monthly Anticipated Adverse Weather Calendar Day Schedule.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

WHITE SANDS, NM AREA (WSMR AND RESEREVE CTR AT LAS CRUCES)

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

1 1 1 1 2 1 4 4 2 1 1 3

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph "b", above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)."

1.6. PHYSICAL DATA (FAR 52.236-4) (APR 1984).

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and borings.

1.7. IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

(a) The Government will furnish to the Contractor the property identified in the Schedule to be incorporated or installed into the work or used in performing the contract. If the property will be furnished from storage at Fort Bliss, Texas. The Contractor will be required to load and transport the property to the job site at its own expense. If the listed property will be furnished f.o.b. railroad cars at the place specified in the contract schedule or f.o.b. truck at the project site, the Contractor is required to accept delivery, pay any demurrage or detention charges, and unload and transport the property to the job site at its own expense. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this Contract.

(b) Each item of property to be furnished under this clause shall be identified in subparagraph (d).

(c) The Government will deliver the listed property between the dates shown. The Contractor will be responsible for the proper storage and maintenance of the property from the time of acceptance until such time as it is returned to the Government.

(d) Government-Furnished/Contractor-Installed Property: None

1.8. PAYMENT FOR MATERIALS DELIVERED OFF-SITE (EFARS 52.232-5000) (MAR 1995).

(a) Pursuant to FAR clause 52.232-5, "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS", materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled.

Payment for items delivered to locations other than the work site will be limited to: (1) materials required by the Technical Provisions; or (2) materials that have been fabricated to the point where they are identifiable to an item of work required under this contract.

(b) Such payments will be made only after receipt of paid or receipted invoices or invoices with canceled check showing title to the items in the prime contractor and including the value of material and labor incorporated into the item. In addition to petroleum products, payment for materials delivered off?site is limited to the following items: None.

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

(AM#5)

(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. (/AM#5)

(b) The SSHO duties will be the employee’s sole, full-time responsibility. The SSHO shall have, as a minimum:

(1) 5 years safety work on similar type construction, and

(2) The 30-hour OSHA construction safety class or equivalent within the last 5 years, and

(3) An average of at least 24 hours of formal safety training each year for the past 3 years, and

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

1.10 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.

1.11 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. 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.

1.12 ELECTRONIC SUBMITTAL OF OFFEROR’S PROPOSAL

In accordance with Section 0120, Proposal Submission Requirements, 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.

1.13 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).

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

1.14 IDENTIFICATION OF CONTRACTOR EMPLOYEES IN THE FEDERAL WORKPLACE (Sep 2008)

(a) The contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with an identification (ID) badge. The ID badge shall clearly display the contractor’s name and the employee’s name and color photograph. The Contracting Officer or his/her designee shall approve the ID badge before the commencement of contract performance. It is the contractor’s responsibility to ensure that all contractor personnel wear the ID badge at all times when performing work under this contract at a Government facility. Unless otherwise specified in the contract, each contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement. This requirement is in addition to any Government facility security provisions that require that a Government-issued security badge also be worn.

(b) Contractor personnel shall clearly identify themselves to all attendees as a contractor employee before the commencement of meetings with Government or other contractor personnel. Contractor personnel shall clearly and immediately identify themselves as a contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other contractor personnel.

(c) When contractor personnel send e-mail messages from or to a Government-owned computer, they shall include a signature block that includes their employer’s name and the employee’s full name and e-mail address.

(d) Each of the requirements set forth in paragraphs a-c above, must be included in all subcontracts at any tier.

1.15 STREET CLOSINGS

The Contractor shall coordinate all requests for street closings with the Contracting Officer in writing 14 days prior to date of requested outage:

a. One lane traffic shall be maintained at all times

b. The final street repair shall be completed within 14 days after the start of any street crossing. Any part of the street returned to service prior to final repair shall be maintained smooth with hot-mix cold-lay surface course.

1.16 CONTRACTOR VERIFICATION OF CONTRACT SURVEY DATA

During initial site layout and before existing conditions are disturbed the Contractor shall verify, in writing, the basic survey data provided on the contract drawings. Verification shall be initiated from the point shown on the contract drawings or from the contract drawing reference point designated by the Contracting Officer's Authorized Representative and shall include, as a minimum, benchmark elevations, horizontal control points, and sufficient spot checks of critical elevations to ensure that the survey data adequately reflects existing conditions. The Contractor shall not proceed with construction until survey verification is provided to the Contracting Officer's Authorized Representative. Before an existing benchmark referenced on the contract drawings is disturbed the Contractor shall establish a new benchmark which has been approved by the Contracting Officer's Authorized Representative.