Amend_10_-_W9126G-13-R-0017.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The Solicitation W9126G-13-R-0017 for the Fort Hood Small Business IDIQ New MATOC FY13 is amended as follows:

See SF30 Continuation Sheet(s)

NOTE: The proposal receipt date is 13 Dec 2013, 2:00 p.m., Central Time as previously announced.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

W9126G-13-R0017

X 9B. DATED (SEE ITEM 11)

26-Feb-2013

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

05-Dec-2013

CODE

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A19

P.O. BOX 17300

FORT WORTH TX 76102-0300

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W9126G-13-R-0017

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. Replacement Sections: Replace the following sections in their entirety with the attached new sections, bearing the notation “W9126G-13-R-0017, Amendment No. 0010”.

MATOC CONTRACT SECTIONS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

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

• 00 73 00 - SPECIAL CONTRACT REQUIREMENTS

SEED TASK ORDER SECTIONS

DIVISION 01 – GENERAL REQUIREMENTS

• 01 10 00 - STATEMENT OF WORK

End of Summary of Changes

SECTION 00 22 20

PHASE 2 DESIGN-BUILD SELECTION PROCEDURES AND BASIS OF AWARD

Solicitation W9126G-13-R-0017, Phase 2

Fort Hood SB MATOC

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 PHASE 2 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

4.0 VOLUME 1 - FACTOR 3, DESIGN TECHNICAL

4.1. GENERAL

5.0 VOLUME 1 - FACTOR 4, SUMMARY SCHEDULE & NARRATIVE

5.1 SUBMISSION REQUIREMENTS

5.2 EVALUATION CRITERIA

6.0 VOLUME 2 – PRICE AND OTHER REQUIRED INFORMATION

6.1 GENERAL

6.2 TAB A – FACTOR 5 – PRICE (STANDARD FORM 1442 AND CONTRACT LINE ITEM

SCHEDULE)

6.3 TAB B – BID BOND GUARANTEE

6.4 TAB C – REQUIRED PRE-AWARD INFORMATION

6.5 TAB D - REPRESENTATIONS AND CERTIFICATIONS

7.0 EVALUATION PROCEDURES

7.1 GENERAL

7.2 DISCUSSIONS (IF NECESSARY)

8.0 OFFEROR'S QUESTIONS AND COMMENTS

W9126G-13-R-0017, Amendment No. 0010

1.0 OVERVIEW

THE SECTION 00 22 20 ISSUED DURING PHASE 1 WAS FOR INFORMATIONAL

PURPOSES ONLY AND IS REVISED HEREIN. Those Offerors short-listed in Phase 1 are invited to submit a Phase 2 proposal, as indicated below. The Government will evaluate the proposals in accordance with the evaluation criteria described herein, using the evaluation rating systems outlined in the Phase 1 Design-Build selection procedures. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, as described herein.

The Phase 2 evaluation will be conducted in accordance with FAR Part 15.

2.0 BASIS OF AWARD (MATOC)

2.1 The Contracting Officer will award a firm fixed-price contract to that responsible Phase 2 Offeror whose proposal the Source Selection Authority determines conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering the non-price factors described herein, and price. The Contracting Officer will award at least four (4) but not to exceed six (6) contracts. All evaluation factors, other than price, when combined, are considered significantly more important than the price; however the initial Task Order award should not exceed the cost limitation described in 01 10 00 the Statement of Work (SOW) for the seed project. The intent of this solicitation is to obtain the best value proposal within the contract cost limitation for the initial task order. There is no obligation to approach or match the contract cost limitation in the offer. After the Government evaluates and rates each proposal, a determination will be made by the Source Selection Authority (SSA) based on which proposals represent the best value for award. The SSA will compare the proposals, if needed, to determine the offer(s) that represent(s) the best value to the Government, taking into consideration the stated evaluation factors and their respective weightings as specified in the RFP. The selection process is complex and depending upon the evaluation factors, the SSA may exercise a significant degree of judgment in selecting the successful offeror(s).

2.2 Award of the first IDIQ will be made 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. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the SSA must determine that the added value of a more expensive proposal would justify award to that Offeror.

2.3 Award of the subsequent contracts will be made to the Offeror(s) whose proposal(s) is (are) considered to represent the remaining best value to the Government based on the evaluated ratings from Phase 1 and Phase 2. The price proposed under Phase 2 will be used to assist in the evaluation of the best value proposals for award of an IDIQ. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined under FAR Subpart 15.001. If there is a lower priced, conforming offer(s), the SSA must determine that the value added of a more expensive proposal justifies award of a basic IDIQ to that Offeror.

3.0 PHASE 2 PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS

NOTE: Factor 1 and Factor 2 were evaluated in PHASE 1 (One). They shall not be reviewed again in Phase 2. They are present below for informational purposes only.

Factor Location Description Relative Importance

FACTOR 1 (Volume 1 -from Phase 1)

Past Performance 2nd Most Important Factor, equal in importance to Factor 2, less important than factor 3, and more important than Factor 4

FACTOR 2 (Volume 1 – from Phase 1)

Organization and Technical Approach

2nd Most Important Factor, equal in importance to Factor 1, less important than factor 3, and more important than Factor 4

VOLUME 1 – PHASE 2, TECHNICAL PROPOSAL CONTENTS AND RELATED

EVAULATION FACTORS

Factor Location Description Relative Importance

FACTOR 3 Vol. 1,TAB A DESIGN TECHNICAL (Seed Task Order)

Most Important Factor; more important than all other factors

FACTOR 4 Vol. 1,TAB B DURATION AND SUMMARY

SCHEDULE

4th Most Important Factor, less important than Factors 1 and 2 and 3

VOLUME 2 – PHASE 2, PRICE AND OTHER REQUIRED INFORMATION

Factor Location Description Relative Importance

FACTOR 5 Vol. 2 TAB A Price (Standard Form 1442 and Proposal Bid Schedules)

Not rated. Significantly less important than all technical factors

Factor Location Description Relative Importance combined.

N/A Vol. 2 TAB B Bid Guarantee

Acceptable/Unacceptable N/A Vol. 2 TAB C Required Pre-Award Information

N/A (AM#10) Vol. 3 2 TAB D (/AM#10) Representations and Certifications

4.0 VOLUME 1, FACTOR 3 – DESIGN TECHNICAL

4.1 GENERAL

The design technical factor consists of technical approach narratives, conceptual level presentation drawings, and information regarding material and system quality. The proposal must clearly define the proposed scope, functional requirements and quality levels that the design-build team is offering to the Government in enough detail for the Government and the Offeror to mutually understand whether or not the proposal meets or exceeds the minimum Solicitation requirements. The use of BIM to prepare or submit proposals is NOT required.

Fully developed drawings, details, or specifications are not required or desired. The proposal shall clearly identify all items that the Offeror considers to exceed the minimum solicitation requirements.

4.1.1. Submission Requirements:

4.1.1.1. Technical Approach Narratives:

Project technical narratives, by discipline, demonstrating your understanding of the design, demolition and construction requirements for the subject project, base bid and options.

Narratives shall also address maintenance considerations, operability, durability, and energy consumption, as applicable, by discipline. The narratives may include simple sketches or drawings to help illustrate the Offeror’s approach. Discussions shall include the following, as a minimum:

(a) Demolition and abatement

(b) Furniture and equipment removal, storage and reinstallation

(c) Building exterior, to include roof, walls, doors, windows, canopies, stairs, ATFP considerations, ABA considerations.

(d) Kitchen renovation, including finishes, equipment, operability, durability, maintenance considerations.

(e) Architectural interior and finishes for each space in the building, to include walls, flooring, ceilings, casework, countertops, maintenance considerations, durability, sustainability.

(f) Mechanical – HVAC and plumbing, to include ATFP considerations, maintenance considerations, operability, durability, efficiency, and energy consumption.

(g) Interior electrical, to include power, interior lighting, mass notification/fire alarm system, communications, maintenance considerations, operability, energy consumption, sustainability.

(h) Site exterior, to include site civil, site utilities, parking lots, sidewalks, site electrical, exterior lighting, parking lot lighting, communications, fire protection considerations, ATFP considerations, ABA considerations.

4.1.1.2 Presentation Drawings:

As a minimum, provide the following conceptual level drawings:

(a) Schematic floor plan for each floor.

(b) Floor plan and elevation of the kitchen area.

(c) Wall/roof section

(d) Overall site plan(s), showing building footprints, sidewalk layouts, underground utilities, parking lots and proposed striping. Indicate base proposal requirements and option requirements.

4.1.1.3 Product Data:

Provide product data for the items listed below, including catalog information as applicable. The products provided shall indicate the minimum level of quality that will be provided for construction. Product data shall include the manufacturer’s name, model number, length of warranty, size/capacity (where applicable), efficiency (where applicable), and any other notes or information selected by the Offeror. The Government will evaluate and consider material and equipment proposed by brand name and model number as quality standard. If the successful Offeror desires to substitute manufacturers, brand names or models after award, the substituted product must meet the contract requirements and be approved by the Designer of Record and the Government as equal in function, performance, quality and salient features to that initially proposed. Acceptance of the proposal is not a guarantee that the proposed products meet the contractual requirements.

(a) HVAC equipment

(b) Hot water heater

(c) Interior and exterior lighting, including parking lot lighting

(d) Floor finishes

(e) Bleachers

(f) Kitchen equipment

4.1.2. Evaluation Criteria:

4.1.2.1. General: It is the Army’s objective with this renovation project that this building will have a 20- year useful design life before an additional reuse/repurpose or renovation requirement, to include normal sustainment, restoration, and modernization activities. Residential or similar grade finishes and materials are not acceptable for inclusion in this building. Inclusion of these materials in a proposal will result with a significant weakness in the rating. be considered a deficiency.

4.1.2.2. The Government will evaluate the information submitted to ensure the Offeror has considered all technical requirements. The Government will ensure that the proposal is complete, realistic and takes into consideration all requirements set forth in the RFP, (AM#10) especially those unique aspects of this project in regards to planning and execution of the work within an occupied facility. (/AM#10) The Government will evaluate the proposed materials, equipment and systems in terms of maintenance considerations (frequency, estimated cost, access, equipment locations), operability (ease of use, placement of control features, simplicity), durability (withstand troop usage, ease of cleaning), sustainability, and energy consumption.

Any portion of the technical narratives which parrots back the wording from the RFP documents is not acceptable and will be considered deficient.

5.0 VOLUME 1, TAB B - FACTOR 4 – DURATION AND SUMMARY SCHEDULE

5.1 Submission Requirements:

5.1.1 Proposed Contract Duration. The Offeror shall propose the overall contract duration on the CLIN Schedule, not to exceed the maximum contract duration specified in Section 01 00

50.00 44.

5.1.2 Summary Schedule: Submit a summary level schedule for integrated design and construction. This summary schedule will, after contract award, be replaced with a project schedule as required by Section 01 32 01.00 10: Project Schedule. The summary schedule shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Offeror may use a critical path or other method of his choice;

however, schedules shall be graphically represented. The proposed project schedule shall reflect the proposed overall contract duration: Give attention to the following features:

(a) Provide a narrative, describing the design packaging plan for separate design packages to include the Offeror’s plan for fast tracking. Describe all design and construction to be “fast-tracked” (See section 01 33 16: Design After Award). If long lead item equipment must be ordered prior to completion of a design phase, describe the requirement in the narrative and show the required ordering date in the schedule.

(b) Describe and show the design phase, including events associated with coordinating the interim and final design submittals for each package and the proper handling of the review comments for each design package (See section 01 33 16).

(c) Describe and show the overall construction phase for the base bid and all options. Show fast track starts for design and construction packages but it isn’t necessary to show the detailed breakdown construction (e.g., by trades)for the building, site work, and utilities. Provide sufficient detail to show phasing/sequencing of work for the project.

(d) Show turnover of the facility. The time to complete the facility and turnover to the Government must consider the requirement for the Contractor’s CQC completion inspection and the subsequent joint Contractor-Government turnover inspection.

(e) Show as-built submissions, O&M Manuals and close-out processes (See section 01 78 00).

(f) Constraints: Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the proposed contract completion period. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.). Indicate the anticipated overall critical path on the schedule.

5.2 Evaluation Criteria:

5.2.1 Proposed Contract Duration: This duration will become the contractually binding duration. The Government will evaluate the contract duration, as proposed by the Offeror herein and also on the Price Proposal Schedule, not to exceed the maximum allowed duration listed in Section 01 00 50.00 44. This duration shall also include all bid options. In assessing the reasonableness of the proposed contract duration, the Government will take into account how well the proposed summary schedule supports the proposed duration, as well as use other information, such as but not limited to independent judgment concerning logic, constraints and typical design and construction durations. The Government will rate a proposed contract duration matching the maximum allowed contract duration as “acceptable”, provided that the schedule provided is logical and realistic. A proposed contract duration shorter than the maximum allowed duration, will be considered value added and receive greater consideration, provided the schedule is realistic and deemed to be achievable. The Government will consider an unreasonably condensed contract duration, which places additional cost or schedule risk on the Government or which may create a risk of contract or performance failure, as a significant weakness or a deficiency, depending upon the evaluators' judgment.

5.2.2 Summary Schedule: The Government will evaluate the summary schedule for integrated design and construction. The Government will evaluate the schedule to assess the strength of understanding of the project scope, restrictions which must be considered in the schedule, e.g., sequencing of work, long lead items, etc. The Government will evaluate the strength of understanding of events associated with coordinating design submittals, reviews and incorporating review comments, the Offeror's capability to schedule the complete project within the proposed contract duration and the realism of the schedule. The Government will evaluate the design packaging plan for logic, reasonableness, how it facilitates meeting the proposed contract duration and how it facilitates the Government’s ability to perform its design reviews.

The packaging plan should minimize risk to the Contracting and to the Government for tear-out and coordination for reviews. A schedule that offers advantage(s) to the Government over one that merely indicates an adequate understanding of the scope, restrictions, major milestones and general understanding of the various events that can affect start and completion of construction will receive additional consideration.

6.0 VOLUME 2 – PRICE AND OTHER REQUIRED INFORMATION

6.1 GENERAL

Submit the other required information in a separate envelope labeled: “Phase 2, Volume 2 – Price and Other Required Information.”

6.2 VOLUME 2, TAB A – FACTOR 5 – PRICE (STANDARD FORM 1442 AND

CONTRACT LINE ITEM SCHEDULE).

6.2.1 Submission Requirements:

6.2.1.1 Submit the properly filled out and executed SF 1442, along with the CLIN Schedule, containing proposed line item and total pricing, as well as the proposed contract duration. See instructions in Section 00 21 00, “Instructions to Offerors”. All elements of the Offeror’s technical proposal shall be included in the total price for the project.

6.2.1.2. Supplemental Price Breakdown. If deemed necessary to evaluate the price proposals, the Government’s will request a Phase 2 price breakdown of the Contract Line items as a separate electronic file labeled “Phase 2 Price Breakdown Information”, in Excel format. The Government will provide details on where and how to send the breakdown. This information will not be needed sooner than three working days after the proposal submission due date. This information may be required for the initial Phase 2 proposal and, if requested, for any revised proposals. This information is not an opportunity for an Offeror to revise its non-price or price proposal.

6.2.1.3 In accordance with Department of Defense Federal Acquisition Regulation Supplement, DFAR 236.204 Disclosure of the magnitude of construction projects, the price ranges for the SEED Project, Fort Hood Building Number 52019, Renovate Youth Center is between $1,000,000.00 and $5,000,000.00. The contract award amount for design and construction shall not exceed $2,350,000.00 for this project. Offerors are under no obligation to approach this amount.

6.2.2 Evaluation Criteria:

6.2.2.1 Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. .

6.2.2.2 If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

6.2.2.3 Award may not be made for an Offeror’s proposal for design and construction that exceeds the cost limitation described herein.

6.3 VOLUME 2, TAB B – BID GUARANTEE

6.3.2 Submission Requirements

Submit the Bid Guarantee in accordance with the Instructions in Section 00 21 00, Provision 52.228-1 Bid Guarantee. Bid guarantee shall be submitted electronically as part of Volume 2, and one (1) hard copy submission of the bid guarantee is due by the date and time for proposal submission. The bid guarantee shall be sent to:

U.S. Army Engineer District, Fort Worth ATTN: CESWF-CT, Ali Marshall 819 Taylor Street (Room 2A17) Fort Worth, Texas 76102-0300

6.3.3 Evaluation requirements:

This item is not rated. The Government will review the Bid Guarantee for legal sufficiency. The Bond must be legally sufficient. Failure to submit a bid bond may make the Offeror’s proposal ineligible for award.

6.4 VOLUME 2, TAB C – REQUIRED PRE-AWARD INFORMATION

6.4.1 Submission Requirements:

64.1.1 Submit this information for the Contracting Officer’s determination of Offeror responsibility, which includes, but is not limited to the following:

(a) A list of present commitments, including the dollar value thereof, and name of the organization under which the work is being performed. Include names and telephone numbers of personnel within each organization who are familiar with the prospective contractor’s performance.

(b) A certified statement listing; (1) each contract awarded within the preceding three month period exceeding $750,000.00 in value with a brief description of the contract; and (2) each contract awarded within the preceding three year period not already physically completed and exceeding $5,000,000.00 in value with a brief description of the contract.

(c) If the prospective contractor is a joint venture, each joint venture member will be required to submit the above defined certification.

6.4.2 Evaluation Requirements:

In addition to the other Phase 1 and Phase 2 proposal information, the Contracting Officer shall use this information in making an affirmative responsibility determination for award to the Successful Offeror, in accordance with FAR Part 9. Failure to achieve an affirmative responsibility determination will make the Offeror ineligible for award.

6.5 VOLUME 2, TAB D– REPRESENTATIONS AND CERTIFICATIONS

6.5.1 Submission requirements

Confirm that the Offeror’s representations and certifications have been completed in the Online Representations and Certifications Application (ORCA) in accordance with FAR 52.204-8.

Submit the representations and certifications not covered by ORCA that are included in Section 00 45 00 of this solicitation, under this tab.

6.5.2 Evaluation Criteria

The representations and certifications submitted under this requirement as well as online will be reviewed to ensure the Offeror’s representations are consistent, accurate and in accordance with regulation. It will not be rated.

7.0 EVALUATION PROCEDURES

7.1 GENERAL:

The Source Selection Evaluation Board will evaluate the Phase 2 proposals and assign a consensus rating for each evaluation factor, utilizing the evaluation and rating system described in section 00 22 10.

7.2 DISCUSSIONS (If Necessary) –

7.2.1 During Phase 2, the Government intends to award without discussions. A “Competitive Range” is a subjective determination of the most highly rated Phase 2 proposals in the event that discussions with Offerors are required in Phase 2. In such an event, the SSA will approve a competitive range of all the most highly rated Phase 2 proposals.

7.2.2 If discussions are held, the Government may engage in a broad give and take with each Offeror in the competitive range, in accordance with FAR 15.306 (d). The Government will provide the Offeror an advance agenda for the discussions. During discussions, the Government may ask the Offeror to further explain its proposal and to answer questions about it.

7.2.3 Upon conclusion of discussions, those Offerors still considered the most highly rated, will be afforded an opportunity to submit their Phase 2 proposal revisions for final evaluation and selection.

8.0 OFFEROR'S QUESTIONS AND COMMENTS

8.1 Bidder Inquiry

8.2 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.

8.3 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.

8.4 From this page you may view all bidder inquiries or add inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as single inquiries.

8.5 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.

8.6 The Solicitation Number is: W9126G-13-R-0017 (Phase 2)

8.7 The Bidder Inquiry Key is: TA8WKW-8SFN8Q

8.8 The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. If the System is not closed in a timely manner, an inquiry posted within seven calendar days of the receipt of proposals will still be regarding as untimely and will not afforded a substantive response.

8.9 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.

8.10 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.

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

[End of Section 00 22 20]

SECTION 00 73 00

SPECIAL CONTRACT REQUIREMENTS

For a Phase 2 Design-Build Selection Procedures Fort Hood New MATOC

Solicitation W9126G-13-R-0017

1.0 GENERAL

1.1 REFERENCES – NOT USED

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

(AM#08) 1.3 PROPOSED BETTERMENTS (APR 12) Number 1.3 is deleted in its entirety, per the US Army Corps of Engineers, USACE Acquisition Instruction (UAI). (/AM#08)

1.4 PARTNERING (AUG 97)

1.5 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

(MAY 06)

1.6 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

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

1.8 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

1.9 VALUE ENGINEERING AFTER AWARD (JUN 99)

1.10 DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

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

1.12 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JAN 11)

1.13 GOVERNMENT RE-USE OF DESIGN (SEP 05)

1.14 US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (JUL

11)

1.15 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

1.16 SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (JUL 11)

1.17 CONTRACTOR PERFORMANCE EVALUATION

1.18 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (JULY 2011)

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

1.0 GENERAL

1.1 REFERENCES - NOT USED

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

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

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

(1) (AM#10) Betterments: (/AM#10) Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

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

DRAWINGS FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

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

1.3 (AM#08) PROPOSED BETTERMENTS (APR 12) Number 1.3 is deleted in its entirety, per the US Army Corps of Engineers, USACE Acquisition Instruction (UAI).

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

(b) “Betterment” is defined as any component or system in the accepted proposal which exceeds the minimum requirements stated in the Request for Proposal.

(c) This includes all betterments identified in the accepted proposal. It also includes all Government identified betterments in the accepted proposal, whether or not the Government specifically identifies such betterments in a "List of Accepted Project Betterments", made part of the contract award by alteration. It also includes any other betterments in the accepted Proposal that might be identified after award. (/AM#08)

1.4 PARTNERING (AUG 97)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. All costs, excluding labor and travel expenses, shall be shared equally between the Government and the Contractor. The Contractor and Government shall be responsible for their own labor and travel costs.

1.5 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

(MAY 2006)

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

1.6 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 02)

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

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

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

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

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

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

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

DESIGN.

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

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

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

1.8 CONSTRUCTOR'S ROLE DURING DESIGN (JUN 98)

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

1.9 VALUE ENGINEERING AFTER AWARD (JUNE 99)

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

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

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

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

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

1.10 DEVIATING FROM THE ACCEPTED DESIGN (JUN 02)

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

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

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

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

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

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

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

1.12 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JAN 2011)

This is to clarify that contract clause 52.236-21, SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION, refers to any specifications and drawings furnished in the Request for Proposal (RFP).

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

1.13 GOVERNMENT RE-USE OF DESIGN (MAY 06)

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

1.14 US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (JUL

11)

In accordance with Contract Clause 52.236-13, ACCIDENT PREVENTION, the Contractor shall comply with the latest version of Engineer Manual 385-1-1, including any interim revisions, in effect at the time of the solicitation. EM 385-1-1 and its changes are available through www.usace.army.mil/CESO/Pages/EM385-1-1.aspx

1.15 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION:

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

1.16 SITE SAFETY AND HEALTH OFFICER REQUIREMENTS AND QUALIFICATIONS (JUL 11)

(a) The Contractor shall employ a competent person at each project to function as the Site Safety and Health Officer (SSHO) in accordance with EM 385-1-1, Section 01.A.17. The SSHO shall report to the senior project official or to a senior corporate official. Submit the qualifications of the proposed SSHO for Government Approval.

(b) The SSHO may be a collateral duty responsibility.

1.17 CONTRACTOR PERFORMANCE EVALUATION

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.csd.disa.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

1.18 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (JULY 2011)

(a) The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The Davis-Bacon Act (DBA) establishes requirements for preparing, processing and providing certified payrolls, as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND

RELATED REGULATIONS.

(b) If the Contractor elects to use an electronic DBA payroll processing system, obtain and provide all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing all payrolls and other data required to comply with DBA and related Act regulations. An electronic DBA payroll system shall use the electronic payroll service to prepare, process, and maintain the relevant payrolls and basic records during all work under the contract.

The electronic payroll service shall be capable of preserving these payrolls and related records for the required three years after contract completion. Obtain and provide electronic system access to the Government, as required to comply with the DBA and related Act regulations over the duration of the contract. Access shall include electronic review access by the Government contract administration office to the Contractor’s electronic processing system.

(c) The provision and use of an electronic payroll system shall meet the following functional criteria:

commercially available; compliant with appropriate DBA payroll provisions in the FAR; able to accommodate the required number of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.mssupport.com/guides.aspx) for export in an excel spreadsheet to be imported into the Contractor’s Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government’s Resident Management System (RMS);

demonstrated security of data and data entry rights; ability to produce Contractor-certified electronic versions of weekly payroll data; ability to identify erroneous data entries and track the data/time of all versions of the certified DBA payrolls submitted to the Government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. Provide the durable record copy to the Government during contract closeout.

(d) Include all Contractor-incurred costs related to the provision and use of an electronic payroll processing service in the contract price for the overall work under the contract. There will be no separate line item for or payment of costs for DBA compliance or the use of electronic payroll processing services.

2.0 PRODUCTS NOT USED

3.0 EXECUTION NOT USED

End of Section 00 73 00 http://www.cpars.csd.disa.mil/ http://www.mssupport.com/guides.aspx

SECTION 01 10 00

STATEMENT OF WORK (SOW) Bldg 52019

PART 1 – PROJECT DESIGN CRITERIA

All applicable Federal, State and industry standards, including those not referenced constitute design criteria for this project.

1.1 Design Requirements

Contractor shall use the Southwestern Division Architectural and Engineering Instructions Manual (AEIM), UFC 1-200-01 General Building Requirements, and the Fort Hood Installation Design Guide for design guidance. The Unified Facility Criteria library is located at: http://www.wbdg.org

Facility design, materials, equipment, and installation shall be in accordance with the requirements of listed codes, design manuals and military criteria in conjunction with industry standard criteria, material and efficient practices. The latest version of building codes may be used as design guides as long as there are no conflicts between standards;

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