RFP_No._W9126G-13-R-0014.pdf

Request For Proposal

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Construction Services (Design Build, Design-Bid-Build) for the US Army Corps of Engineers Southwestern Division (SWD), Small Business Pool of Contractors

W9126G-13-R-0014

May 2013

US Army Corps of Engineers Fort Worth District

SWD IDIQ MATOC for Const Services - Small Business SWMSB13

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442

00 11 00.02 CONTRACT LINE ITEM SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 10 PHASE 1 OF A 2 PHASE DESIGN-BUILD SELECTION PROCEDURES

00 22 20 PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF

AWARD

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

00 90 00 DESCRIPTION/SPECS/WORK STATEMENT

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 44 DESIGN AND CONSTRUCTION SCHEDULE

01 01 00.00 44 WORK PLAN REQUIREMENTS

01 31 19.00 44 PROJECT MEETINGS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 16 DESIGN AFTER AWARD

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 56 00.00 44 DUST CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 57 24.01 44 STORM WATER POLLUTION PREVENTION PLAN (TEXAS)

01 57 25.00 44 SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM

01 58 00 PROJECT IDENTIFICATION

01 62 35 RECYCLED / RECOVERED MATERIALS

01 64 00.00 44 GOVERNMENT FURNISHED PROPERTY

01 71 23.00 44 SURVEY, LAYOUT, AND OTHER DATA

01 72 00.00 44 ALTERATIONS TO EXISTING FACILITIES

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

Small Business Multiple Aw ard Task Order Contract (MATOC) for Construction Services for the United States Army Corps of Engineers (USACE) in Southw estern Division (SWD) and other SWF and SWD customers on a limited nationw ide basis.

See continuation page for additional information

NAICS: 236220 Size Standard: $33.5M

Offeror must be registered in System for Aw ard Management (SAM) to be eligible for aw ard

**Blocks 11 and 12: As specified per Task Order.

**Block 13B: A Bid Guarantee is not required until Phase 2 of this solicitation. See Section 00 21 00, Contract Clause 52.228-1, Bid Guarantee.

JENNIFER R FOX 817-886-1220

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

02-May-2013

(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 w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 __0__ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________03 Jun 2013 (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 is, X is not required.

C. All offers are subject to the (1) w ork 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 w ill not be considered and w ill 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 CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A19

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) 886-1043 TEL: FAX:

W9126G-13-R-0014 93

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) 2 OF 93

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ 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 of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or at tached 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

(M ust 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

Funded Amt:

SWD SB MATOC- Base Year

SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for a BASE PERIOD of 12 months. (See next contract line items for option year details).

NAICS CD: 236220

, FSC CD: Y1FC

OPTION Funded Amt:

SWD SB MATOC- Option Year 1

SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), for option year one.

OPTION Funded Amt:

SWD SB MATOC- Option Year 2

SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery option year two.

OPTION Funded Amt:

SWD SB MATOC- Option Year 3

SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery option year three.

OPTION Funded Amt:

SWD SB MATOC- Option Year 4

SWD Construction MATOC: This contract is a firm fixed price Indefinite Delivery option year four.

BLOCK 10 CONTINUATION

This solicitation will be evaluated under the 2 Phase Design Build Process. In Phase 1, interested firms or joint venture entities (referred to as “Offerors”) may submit certain specified performance capability proposals, demonstrating their capability to successfully execute the design-build construction IDIQ contract resulting from this solicitation. The Government will evaluate the performance capability proposals in accordance with the criteria described in the solicitation and intends to select up to ten (10) of the Phase 1 Offerors to compete in Phase 2. The Government reserves the right to select more than ten (10) of the Phase 1 Offerors if, in the opinion of the Contracting Officer, consideration of additional offerors is warranted.

In Phase 2, the selected Offerors will submit preliminary technical design proposals for an initial task, the contract duration, a preliminary schedule and a price proposal. The Government will evaluate the Phase 2 proposals, in accordance with the criteria described for Phase 2 in the solicitation, and intends to award the first IDIQ to the Offeror whose proposal is determined to represent the best overall value to the Government based on the evaluated ratings from Phase 1 and Phase 2 proposals and the proposed price for the initial task order. 2.3. Award of the subsequent contracts will be made to the Offeror(s) whose proposal(s) is (are) considered to represent the second (2nd) and up to the top six (6) best value(s) to the Government based on the evaluated ratings from Phase 1 and Phase 2 and the proposed price for the initial task order. Offeror(s) selected for the MATOC pool (not awarded the seed contract) will be awarded an initial task order based on the minimum guarantee amount of $2,500.00.

The total estimated contract capacity is $537,840,000.00. The Government anticipates award no more than six (6) IDIQ contracts as a result of this solicitation.

The bid schedule provides maximum contract capacity. It is not intended for Offerors to complete and provide price information in Phase 1. A Task Order CLIN schedule will be provided in Phase 2, which will require pricing by the Offeror.

NOTE: THE CONTRACT LINE ITEM (CLIN) SCHEDULE WILL BE INCLUDED IN THE

RFP FOR PHASE 2-SECTION 00 11 00

Work executed under these MATOCs is limited to the geographic boundaries of the Southwestern Division (SWD) consisting of Arkansas, Louisiana, New Mexico, Oklahoma and Texas and those nationwide customers where SWD has been designated as the primary responsible agent for the Corps of Engineers via established agreements. However, because SWD services customers whose boundaries exceed the geographical area, it is necessary to provide for maximum flexibility to ensure that possible execution gaps can be covered. Therefore, it is anticipated that these contracts will execute an estimated 15% of the total MATOC capacity outside of the established geographical area or for nationwide customers identified above as long as capacity exists and the contractors agree to perform the requirement. If capacity is used outside the SWD geographic boundaries for other than the Division’s nationwide customers, prior MSC coordination will be made or capacity will be granted to the appropriate geographic District.

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

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST LIMITATION FOR DESIGN AND CONTRUCTION COSTS

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.4 OFFEROR'S QUESTIONS AND COMMENTS

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.7 PRE-PROPOSAL CONFERENCE

1.8 ACCURACY IN PROPOSALS

1.9 PROPOSAL SUBMITTAL

1.10 PROPOSAL FORMAT & GENERAL INSTRUCTIONS

1.11 JOINT VENTURE PROPOSAL REQUIREMENTS

1.12 BID GUARANTEE

1.13 CONTRACT PRICES - BIDDING SCHEDULE (PHASE 2 ONLY)

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The Fort Worth District intends to award up to six (6) contracts as Small Business Multiple Award Task Order Contracts (MATOCs) in Southwestern Division (SWD) and other Southwest Fort Worth (SWF) and SWD customers on a limited nationwide basis. The estimated maximum task order limitation of $25,000,000 and a minimum task order limitation of $2,500.

The Government may exceed the stated maximum task order limitation upon mutual agreement of all parties. The solicitation will be a negotiated acquisition; there will be no public bid opening. All contracts will be awarded based upon an evaluation of the overall Best Value to the Government.

General Description of Work: Scope of work includes, but is not limited to, construction activities such as new construction, maintenance, repair, alteration and minor construction type tasks, including asbestos and lead based paint abatement and other environmental remediation incidental to the construction, for both military and civil projects. Only construction task orders will be awarded under the MATOC. The contracts are not only intended to execute new construction, design-build and design-bid-build, but to provide a timely response to remediation of real and personal property facilities, e.g., maintenance, repair and minor construction situations relating to, but not limited to, civil, mechanical, plumbing, structural, electrical, heating, ventilation and air conditioning (HVAC), instrumentation, anti-terrorism and force protection.

General Description of Seed Task Order: Design and construct two (2) standard-design General Purpose Storage Buildings and supporting facilities for use as Supply Storage Activity (SSA) warehouses. Storage Buildings are required to accommodate logistic and administrative operations and will provide space for organizational supply storage. The Storage Buildings will provide deployment and sustainment operations critical to meeting materiel end-item maintenance, repair, and deployment supply storage. The Storage Buildings will also include enclosed, covered and open storage space to accomplish materiel receiving, turn-in, shipping, distribution, and storage. Primary facilities include storage buildings, loading dock, covered storage shed, organizational vehicle parking, building information systems, fire protection and alarm systems, and energy monitoring and control systems (EMCS) connection. Facilities will require special foundations. Facility shall meet LEED Silver sustainability and energy reduction measures per ASHRAE 189.1. Supporting facilities include underground utilities (water, sewer, gas), electric service, loading docks, ramps, parking and access roads, paving, sidewalks, curb and gutter, storm drainage, information systems, landscaping, and site improvements. Facilities shall comply with Department of Defense (DoD) Anti-Terrorism / Force Protection criteria.

Facilities shall include self-contained systems for heating and air conditioning. Comprehensive Interior Design and furnishings related design services are required. Access for individuals with disabilities is required. The complete Request for Proposal for the seed project, Design and Construction of Two Supply Storage Activity (SSA) Warehouses, Fort Bliss, Texas, will be provided during Phase 2 to the selected Phase 2 offerors.

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION

COSTS

The Contract Cost Limitation (CCL) will be provided with the Request for Proposals (RFPs) for each Task Order. It is the Government's intent to award at full scope within the CCL. The Magnitude of Construction for 100% designed projects will be stated on each Task Order in accordance with DFARS 236.204.

1.3. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and all amendments are available by INTERNET ACCESS ONLY.

All solicitation documents and amendments will be posted on Federal Business Opportunities (FBO) website at http://www.fbo.gov/ and Offeror can access solicitation documents by solicitation number without dashes (i.e., for sample W9126G13R0014).

It is solely the Contractor’s responsibility to check the fbo.gov website for the solicitation and any amendments prior to the RFP closing date. The Offeror shall submit in its proposal all requested information as specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Additional information regarding this solicitation and potential Offerors (i.e., interested vendors list) and/or subcontractors will be available fbo.gov website under the solicitation number.

1.4. OFFEROR'S QUESTIONS AND COMMENTS

1.4.1 Bidder Inquiry

1.4.1.1 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.

1.4.1.1.1 To submit and review bid inquiry 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 to continue.

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

1.4.1.1.3 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.

1.4.1.1.4 The Solicitation Number is: W9126G-13-R-0014

1.4.1.1.5 The Bidder Inquiry Key is: I629BU-5UVDC9

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

1.4.1.3 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.

1.4.1.4 The bidder 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.

1.4.1.5 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. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) for the small business size standard/NAICS Code.

1.6. 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 by the Offeror in the preparation and submission of its proposal or revisions. A stipend is not authorized for unsuccessful Phase 2 Offerors in accordance with Section 00 22 20.

1.7. PRE-PROPOSAL CONFERENCE

If the Government intends to hold a pre-proposal conference, it will be announced after the Offerors are selected to participate in Phase 2 of the solicitation process.

1.8. ACCURACY IN PROPOSALS

Proposals must set forth with 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.

1.9. PROPOSAL SUBMITTALS (PHASE 1 & 2)

1.9.1 In an effort to reduce paperwork and cost, ALL Phase 1 and Phase 2 proposals shall be submitted electronically via the AMRDEC SAFE website at:

https://safe.amrdec.army.mil/SAFE2/Welcome.aspx .

At the AMRDEC SAFE website, select the link: I do not have a CAC or this machine is not configured to read my CAC and I would like to access SAFE as the Guest User, to register, access the site and submit your proposal(s). When completing the information for transmittal at the AMRDEC SAFE website, notification should be submitted to Contract Specialist, Jennifer Fox, email Jennifer.R.Fox@usace.army.mil and Contracting Officer, Linda Griffith, email Linda.M.Griffith@usace.army.mil.

1.9.2 Offers received by telegraph, modifications thereto, or cancellations of offers will not be accepted.

1.9.3 Facsimile offers, modifications thereto, or cancellations of offers will not be accepted.

1.9.4 Offers received by e mail, modifications thereto, or cancellations of offers will be accepted.

1.9.5 SITE VISIT: See Specification Section – Site Visit (PHASE 2)

IMPORTANT NOTES: (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

1.10. PROPOSAL FORMAT & GENERAL INSTRUCTIONS (PHASE 1)

1.10.1 Submit only the electronic-documents. Submit only the electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages should be numbered.

1.10.2 PDF pages should be formatted to print on 8 ½ by 11 inch paper, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Spreadsheets must fit to 11” x 14” or 11” x 17” paper size unless specifically authorized in this section for a particular submission. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers of the solicitation, project title and company.

1.10.3 Hard copies will not be submitted.

1.10.4 “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215- 1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

1.10.5 In the case of an Offeror that is part of a large, multi-segmented business concern, provide information directly pertaining to the specific segment of the business concern (i.e., the division, group, unit, etc.) that will perform work under the prospective contract.

1.10.6 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 or amendment, e.g., Error, Omission or Clarification shall be included and be annotated for each revision. Proposal replacement pages shall be numbered and clearly marked “REVISED”, with the date of revision.

Revised page will be submitted in a different color than the original pages being replaced.

1.10.8 Within three (3) days of contract award, the awarded contractors shall submit their conformed proposal via the AMRDEC SAFE website at:

https://safe.amrdec.army.mil/SAFE2/Welcome.aspx .

1.11. 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.

1.12. BID GUARANTEE (PHASE 2 ONLY)

A Bid Guarantee is not required for the Phase 1 proposal submission. A Bid Guarantee will be required for the initial Task Order during Phase 2 of this solicitation. The penal sum of the bond for the task order will be required as in provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

1.13. CONTRACT PRICES - BIDDING SCHEDULE (PHASE 2 ONLY)

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.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number 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 52.214-5000 aPPARENT cLERICAL mISTAKE FEB 2013 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

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

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

MAY 1999

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.215-7008 Only One Offer JUN 2012 252.236-7007 Additive or Deductive Items DEC 1991 252.236-7008 Contract Prices-Bidding Schedules 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)

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

(OCT 1997)

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

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

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

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

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

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

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a at least two Indefinite Delivery / Indefinite Quantity (IDIQ) Firm Fixed Price contract resulting from this solicitation.

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.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

See Section 00 73 46 (to be provided with each task order

See Section 00 73 46 (to be provided with each task order

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is See Section 00 73 46 (to be provided with each task order).

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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

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 a 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.

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.

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

(b) Domestic preference.

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

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) 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 requirements 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)(3) 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)(3)(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 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)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

(a)…