g09r0115.pdf

Request For Proposal

Single Award Indefinite Delivery Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services.

U.S. Army Medical Command (Medcom) and other Corps of Engineers customers with Healthcare Facilities Needs - 8(a) Set Aside for the Western United States Small Business Region 9

W9126G-09-R-0115 June, 2009

US Army Corps of Engineers Fort Worth District

U.S. Air Force Medical Services U.S. Army Medical Command

(MEDCOM)

Secton: 00 01 10 W9126G-09-R-0115

SECTION 00 01 10

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

DIVISION 00 PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

SF 1442, Solicitation, Offer, And Award

00 11 00 CLIN Schedule

00 21 00 Local Instructions, Instructions, Conditions and Notices to Offerors

00 22 11 Proposal Submission Instructions, Conditions,Notice To Offerors, Basis Of Award, And Local Instructions

00 45 00 Representations and Certifications

00 72 00 - Contract Clauses

00 73 00 Special Contract Requirements

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 Base Contract Statement of Work

SEED TASK ORDER 0001: Renovate Repair Radiology 355th Medical Group Davis-Monthan Air Force Base, AZ

00 21 30 Site Visits

00 73 46 Wage Rates and Affirmative Action Requirements

01 10 00 Task Order Scope of Work

Attachments

SEED TASK ORDER 0002: Renovate Dental/Mental Health Bldg 5513 95th Medical Group Edwards Air Force Base, CA

00 21 30 Site Visits

00 73 46 Wage Rates and Affirmative Action Requirements

01 10 00 Task Order Scope of Work

Attachments

End of Table of Contents

W9126G-09-R-0115 Single Award Indefinite Delivery Indefinite Quantity Task Order Contract (SATOC) for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services. U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs- Set Aside for Section 8(a) firms in SBA Region 9.

NAICS 236220

FSC Y299

SIC 1542

E-mail: edward.a.chambers@usace.army.mil

THIS IS A Section 8(a) SET ASIDE FOR THE WESTERN UNITED STATES SMALL BUSINESS, REGION 9.

EDWARD A. CHAMBERS 817-886-1170

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

01 JULY 2009

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______calendar days and complete it within ________ calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________TASK ORDER

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ 6 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 31 July 2009 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY 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

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

817-886-6403FAX: TEL: 817-886-1070 TEL: FAX:

W9126G-09-R-0115 37

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY: 26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lump Sum

Funded Amt:

BASE YEAR 2009-2010

Single Award Indefinite Delivery, Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services, U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs. - SET ASIDE FOR SECTION 8(a) Small Business. Provide all necessary labor, material, supervision, and equipment for repairs, alterations, design-build and construction for sustainment, restoration and modernization (SRM) of clinics, ancillary facilities and wellness centers using military construction and operation and maintenance processes.

Estimated total contract duration (Base period plus four (4) Option Periods) is sixty

(60) 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 is $12,000,000.00. Option Periods will be executed at the Government's discretion.

The Government will obligate to the contractor a guaranteed minimum amount for the base period only. Guarantee amount will be $12,000.

PRICING SHOULD BE PLACED ON THE ATTACHED BID SCHEDULE.

FOB Destination

0002 Lump Sum

OPTION Funded Amt:

Option Year 1 2010-2011

Single Award Indefinite Delivery, Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services, U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs. - SET ASIDE FOR SECTION 8(a) Small Business. Provide all necessary labor, material, supervision, and equipment for repairs, alterations, design-build and construction for sustainment, restoration and modernization (SRM) of clinics, ancillary facilities and wellness centers using military construction and operation and maintenance processes.

Estimated total contract duration (Base period plus four (4) Option Periods) is sixty

(60) 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 is $12,000,000.00. Option Periods will be executed at the Government's discretion.

The Government will obligate to the contractor a guaranteed minimum amount for the base period only.

PRICING SHOULD BE PLACED ON THE ATTACHED BID SCHEDULE

0003 Lump Sum

OPTION Funded Amt:

Option Year 2 2011-2012

Single Award Indefinite Delivery, Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services, U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs. - SET ASIDE FOR SECTION 8(a) Small Business. Provide all necessary labor, material, supervision, and equipment for repairs, alterations, design-build and construction for sustainment, restoration and modernization (SRM) of clinics, ancillary facilities and wellness centers using military construction and operation and maintenance processes.

Estimated total contract duration (Base period plus four (4) Option Periods) is sixty

(60) 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 is $12,000,000.00. Option Periods will be executed at the Government's discretion.

The Government will obligate to the contractor a guaranteed minimum amount for the base period only.

0004 Lump Sum

OPTION Funded Amt:

Option Year 3 2012-2013

Single Award Indefinite Delivery, Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services, U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs. - SET ASIDE FOR SECTION 8(a) Small Business. Provide all necessary labor, material, supervision, and equipment for repairs, alterations, design-build and construction for sustainment, restoration and modernization (SRM) of clinics, ancillary facilities and wellness centers using military construction and operation and maintenance processes.

Estimated total contract duration (Base period plus four (4) Option Periods) is sixty

(60) 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 is $12,000,000.00. Option Periods will be executed at the Government's discretion.

The Government will obligate to the contractor a guaranteed minimum amount for the base period only.

0005 Lump Sum

OPTION Funded Amt:

Option Year 4 2013-2014

Single Award Indefinite Delivery, Indefinite Quantity Task Order Contract for Construction and Design Build for Healthcare Facilities for the U.S. Air Force Medical Services, U.S. Army Medical Command (MEDCOM) and other Corps of Engineers customers with Healthcare Facilities Needs. - SET ASIDE FOR SECTION 8(a) Small Business. Provide all necessary labor, material, supervision, and equipment for repairs, alterations, design-build and construction for sustainment, restoration and modernization (SRM) of clinics, ancillary facilities and wellness centers using military construction and operation and maintenance processes.

Estimated total contract duration (Base period plus four (4) Option Periods) is sixty

(60) 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 is $12,000,000.00. Option Periods will be executed at the Government's discretion.

The Government will obligate to the contractor a guaranteed minimum amount for the base period only.

LOCAL INSTRUCTIONS, SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION

OF SMALL BUSINESS CONCERNS

1.14. BID GUARANTEE

1.15 CONTRACT PRICES/BIDDING SCHEDULE

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The United States Air Force Medical Service (AFMS) is responsible for providing medical service support to active duty members and their families. A priority responsibility is facility sustainment, restoration and modernization (SRM), to include military construction (MILCON), repair, and maintenance of hospitals, clinics, administrative buildings, health facilities, warehouses, veterinary clinics, ancillary facilities and wellness centers. The execution of this program/contract may cross USACE division/district geographical boundaries, and may include Operations and Maintenance (O&M) and MILCON (Military Construction) BRAC (Base Realignment and Closure) funded projects.

Project Objectives: To deliver nationwide quality, timely and cost effective repair, restoration and minor/major construction projects with minimal impact to staff and patients. Work consists of design-build constructions and remediation of real property, to include (but not limited) planning, designing and constructing new and/or renovated medical facilities for Air Force real property medical inventory and for the USACE MILCON program. Projects are to be executed by Contractors well-versed in medical infrastructure and design-build construction. The work will occur in the Small Business Region 9 which includes the states of California, Arizona & Nevada.

Contract Provisions: The Contractor shall ensure that all work provided meets the scope of work for each task order, and any special specifications included within the individual task order. The Contractor’s work and responsibility shall include all Contractor planning, programming, administration, and management necessary to provide design-build, construction (major and minor) or remediation (e.g. maintenance, repair and or construction and initial outfitting as specified by the task order. All design documents shall be sealed by a registered professional architect or engineer.

All Task Order Contracts will be firm fixed price task orders. The Contractor shall NOT provide language in their proposals that would allow price adjustments after design development. The Contractor shall not assume that following design, the price can be adjusted. Only a change in scope or direction may merit a price adjustment.

Scope of Services: Upon receipt of a task order, the contractor shall provide all services, labor, materials, supplies, parts, plant, supervision, and equipment (except when specified as government furnished) to plan, design, repair, construct, and or maintain military or federal medical real property facilities and structures located nation-wide. Work accomplished shall be in strict accordance with all terms, conditions, and special contract/task order requirements, and attachments contained in the contract task order or incorporated by reference. Requirements include, but are not limited to, preparation of block or line plans, design, site planning’s, cost estimating, investigation services, site visits, validation of required clinical programs and related data, master planning activities, development of schematic alternatives, initial outfitting and other related activities. Award of individual task orders is contingent upon project funding and may vary in scope and size. The Contractors shall be responsible for all site surveys; feasibility studies, calculations, work plans remediation actions, equipment startups and testing, repair and or training required by each individual task order. This shall include, but not be limited to, providing labor, equipment, materials, applicable engineering documentation and other necessary actions and or products for the remediation, implementation, or testing that may be required by the individual task order.

References, Codes, Criteria and Standards: The work shall be conducted by the Contractor in strict accordance with the contract and all applicable federal, state, and local laws and code, as well as stated military/federal regulations, codes, and directives (whichever is the most stringent). The publications listed in the attachments form the basis for the work under this contract. Additional references may be identified as required in the task orders. Work done under individual task orders shall utilize the latest issue of the publications dated at the time of the task order award. When a required publication is not referenced in the list or the task order, the contractor shall utilize one that has national applications. Where conflicts arise between publications, the contractor is required to elevate the conflict to the Government’s Contracting Officer’s Representative responsible for the task order and provide a recommendation of how to resolve the conflict.

Equipment Requirement: The Contractor is to provide and maintain in operational condition a minimum number of compatible personal computer systems similar in nature to the specifications. The listing is not all-inclusive, but provides a general description of similar systems currently being utilized by the Government; U.S. Air Force Medical Services (AFMS), the U.S. Army Medical Command (Medcom), and other customers of the US Army Corps of Engineers that may have healthcare facility needs. Resultant contract will be an Indefinite Delivery, Indefinite Quantity Construction Contract to provide all necessary labor, material , supervision and equipment for repair, alterations, design build and construction, for sustainment, restoration and modernization (SRM) of clinics, hospitals, administrative buildings, health facilities, warehouses, veterinary clinics, ancillary facilities and wellness centers, using military construction (MILCON), Operation and Maintenance (O&M) or BRAC (Base Realignment and Closure.

There will be only one contractor selected to create this Region 9 Section 8(a) pool. If there are not enough offerors in any one of the pools noted above to establish a pool of contractors, then the remaining contract capacity of the pool not established will be distributed as follows: 1) equally distributing the total contract capacity to the unrestricted pool and/or an additional unrestricted contract(s) will be established.

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONTRUCTION COSTS

The estimated capacity of this Section 8(a) SATOC is $12 million, with a maximum task order limit of $5 million. The minimum guarantee for the base award only is $12,000.00. The Government reserves the right to exceed the stated maximum task order limitation.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Fort Worth District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. Failure to include a return address will cause mail to be rejected. There will be no exceptions. To ensure that mail is properly received please use the following address:

U.S. Army Engineer District, Fort Worth Attn: CESWF-CT-C, Edward A. Chambers PO Box 17300 819 Taylor Street (Room 2A19) Fort Worth, Texas 76102-0300

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunity (FBO) website at:

http://www.fbo.gov

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.5 OFFEROR’S QUESTIONS AND COMMENTS

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

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

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

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

1.5.1.1.4 The Solicitation Number is : W9126G-09-R-0115

1.5.1.1.5 The Bidder Inquiry Key is: OQCQ6A-Y7A68V Davis-Monthan

11NN3R-CL5P7R Edwards

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

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

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

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

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted to the Projnet Website System. See below for more details.

Contract Specialist – Primary POC U.S. Army Corps of Engineers, Fort Worth District ATTN: Edward A. Chambers

CESWF-CT-C, PO Box 17300, Fort Worth, TX, 76102-0300 Email: edward.a.chambers@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than Five (5) calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

NAICs Code 236220, Small Business size is 33.5 million.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.8 PRE-PROPOSAL CONFERENCES: The Government conducted the pre-proposal conferences at Edwards Air Force Base located near Los Angeles, California on 25 June 2009 and at Davis-Monthan Air Force Base near Tucson, Arizona on 23 June 2009. The Government Points of Contact is as follows:

U.S. Army Corps of Engineers, Ft. Worth District Attn: Mr. William Begole or Mr. Dwight Jones

CESWF-PM-J

P.O. Box 17300 Fort Worth, TX 76102-0300 Phone 817 886-1968 or 817 886-1795 FAX number: 817 886- 6536 E-mail bill.begole@usace.army.mil or dwight.jones@usace.army.mil

1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

As stated on Standard Form SF 1442:

U.S. Army Corps of Engineers, Fort Worth District ATTN: Edward A. Chambers, CESWF-CT-C, PO Box 17300, Fort Worth, TX, 76102-0300 The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W9126G-09-R-0115, DO NOT OPEN”

1.11. PROPOSAL FORMAT:

Written proposal materials shall be submitted in standard three ring loose-leaf binders. Proposals shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Font size shall not be less than 10 point. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal; however, if drawings, charts, or other graphics are submitted, sheets no larger than 11 inches x 17 inches and folded to 8-1/2 inches x 11 inches shall be used. 11 x 17 inch sheets will be counted as two 8-1/2 inch x 11 inch sheets. Volume II, Technical Proposal, shall not exceed 80 pages (80 single-sided or 40 double-sided sheets), excluding the cover sheet and Table of Contents. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror must comply with the page limitation. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

The proposals shall contain a detailed table of contents. If more than one binder is used, the complete table of contents shall be included in each. A cover sheet identifying the Offeror (name, address, point of contact) project description and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration. The Government will not evaluate any information beyond the page limitation noted above.

Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., bold face print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies (e.g., if two (2) copies of the original page was required, then two (2) copies of the revised page will also be required, and shall be a different color than the original pages they are to replace.

Number of Copies. Offerors shall submit an original and one (1) hard copy of Volume I and an original and four (5) hard copies of Volume II of their Proposal in both hard copy and electronic format.

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or HubZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION

OF SMALL BUSINESS CONCERNS

(a) Application. This clause applies to all offerors submitting proposals.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Sub Contracting Plan (Alternate I) (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large Business)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(c) Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

(i) 70.0% of subcontracted amount contract amount with small business concerns.

(ii) 6.2% of subcontracted amount contract amount with those small business concerns owned and controlled by socially and economically disadvantaged individuals.

(iii) 7.0% of subcontracted amount contract amount with those small business concerns owned and controlled by women.

(iv) 9.8% of subcontracted amount contract amount with those small business concerns owned and controlled by HubZone small business.

(v) 3.0% of subcontracted amount contract amount with those small business concerns owned and controlled by Veteran-Owned small business.

(vi) 0.9% of subcontracted amount contract amount with those small business concerns owned and controlled by Service-Disabled Veteran-Owned small business.

1.14. BID GUARANTEE

A Bid Guarantee is required for proposal submission. The penal sum of the bond will be required as in provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

1.15. CONTRACT PRICES-BIDDING SCHEDULE

Payment for the various items listed in the bidding schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials and bonds (performance and payment) and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Bidding Schedule shall be included in the contract prices for the items listed.

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2004)

- Alternate I

OCT 1997

52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data

OCT 1997

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.232-13 Notice Of Progress Payments APR 1984 252.236-7007 Additive or Deductive Items DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JAN 2006)

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

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

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

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

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

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

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

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. Facsimile proposal, as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.

(c) The telephone number of receiving facsimile equipment is: 817 886-6407.

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA (OCT 1997)

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

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

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

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

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

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

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

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price IDIQ contract resulting from this solicitation.

(End of provision)

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAR 2009)

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

Caribbean Basin country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Costa Rica, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St.

Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) Construction materials.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the

(2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause.

(3) The requirement in paragraph (b)(2) of this clause does not apply to the construction materials or components listed by the Government as follows: none

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Government determines that--

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1:

Foreign construction material Domestic construction material Item 2:

Foreign construction material Domestic construction material \1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual…