Am_0002.pdf

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

PERMANENT PARTY CHAPEL

PN 21640

FORT LEE, VIRGINIA

See attached documentation for content of the amendment to the RFP.

Date for receipt of Proposals is 17 JULY 2008 at 1400 hours.

Government Point of Contact: Diana Vanderzanden at (402) 995-2066.

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

MODIFICATION OF CONTRACTS/ORDER

NO.

E. IMPORTANT: Contractor

15B. CONTRACTOR/OFFEROR

is not, copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer tended.

Offers 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 submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT 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.

is extended, B.

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

TRACT ORDER NO. IN ITEM 10A.

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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.

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) is required to sign this document and return

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

PAGE OF PAGES 1. CONTRACT ID CODE

5. PROJECT NO. (If applicable) 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

7. ADMINISTERED BY (If other than Item 6)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY

16C. DATE SIGNED

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10B. DATED (SEE ITEM 13)

CODE CODE

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.

is not ex-copies to the issuing office.

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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

USAPPC V1.00

10A.

30-105-02

See Item 6U.S. ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

1616 CAPITOL AVE.

OMAHA, NE 68102-4901

CODE

W9128F

FACILITY CODE

J 1

0002 1-Jul-2008

W9128F-08-R-0034

6 JUN 2008

1-Jul-2008

Am #0002 - 1

Am #0002 - 2 (Continuation SF 30)

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers 1616 Capitol Avenue Omaha, Nebraska 68102-4901 :NOTICE: Failure to acknowledge : Solicitation No. W9128F 08 R 0034 :all amendments may cause rejec- :

:tion of the offer. See FAR : Date of Issue: 4 JUN 2008 :52.215-1 of Section 00 21 00 : New Date of Receiving Proposals:

17 JUL 2008

Amendment No. 0002 1 July 2008

SUBJECT: Amendment No. 0002 to Request for Proposal Solicitation Package for Design and Construction of PERMANENT PARTY CHAPEL, PN 21640, FORT LEE, VIRGINIA.

Solicitation No. W9128F 08 R 0034.

TO: Prospective Offerors and Others Concerned

1. The specifications and drawings for subject project are hereby modified as follows (revise all specification indices, attachment lists, and drawing indices accordingly).

a. Specifications. (Descriptive Changes.)

(1) Section 00 11 00, SF 1442 and CLIN PRICING SCHEDULE, delete this section in its entirety and substitute the attached revise Section 00 11 00, SF 1442 and CLIN Pricing Schedule. CCL and date of receipt of proposals are the only revisions.

(2) Section 00 21 00, Page 2, paragraph 1.2, line 2, delete “$6,000,000.00” and substitute “$5,040,000.00”.

(3) Section 00 22 11, Page 4, paragraph 1.1, line 3, delete “task orders” and substitute “solicitations”.

(4) Section 00 72 00, CONTRACT CLAUSES, delete this section in its entirety and substitute attached revised Section 00 72 00.

Revisions have been highlighted in yellow.

(5) Section 01 10 00 Statement of Work, Page 87 of 668, Paragraph 3.2.1.3 GROSS BUILDING AREA, line 1, after “IBC”, insert:

"(except that overhangs and canopies shall only be counted as half of the calculated area)" .

(6) Section 01 10 00 Statement of Work, delete Pages 99 thru 101 and substitute attached revised Pages 99 thru 101. Paragraphs

3.2.10 and 3.2.11 were extensively revised.

Am #0002 - 3

(7) Section 01 10 00 Statement of Work, Page 136 of 668, following paragraph 6.9.9, insert:

“6.9.10 Existing Cathodic Protection System

The existing transformer on site provides power to an existing impressed current cathodic protection system. This cathodic protection system is to remain undamaged and in service. The existing transformer shall be removed, and power to the existing cathodic protection system shall be provided from the new facility transformer.”

(8) Appendix B LIST OF DRAWINGS, delete Pages 321 and 322 in their entirety and substitute the attached revised Pages 321 and 322.

(9) Appendix D FIRE FLOW TESTS, Page 324 of 668, delete “This information to be developed ... Advertisement.” and substitute:

"Hydrant 201 Static Pressure 62 psi, Residual Pressure 52 psi

Hydrant 251 Pitot Pressure 40 psi, 1060 gpm"

(10) Appendix E ENVIRONMENTAL INFORMATION, Page 333 of 668, to the end of paragraph 1.5.2 Stormwater Permit, add:

“Contractor shall apply for registration coverage under the General Permit for Discharges of Stormwater From Construction Activities, DCR01, (Form DCR199-146), and submit the appropriate fee (Form DCR199-

145) to the Virginia Department of Conservation and Recreation (VA

DCR).

Contractor shall provide copy of Form DCR199-146 and any required plans and specifications to DOL/DPW EMO for review at least 30 days prior to submission to VA DCR. Contractor shall submit this registration and any required plans and specifications to VA DCR at least 30 days prior to construction start.”

(11) Appendix J Drawings, delete Pages 376 thru 381 in their entirety and substitute attached revised Pages 376 thru 381.

(12) Appendix S Project Work Requirements and Restrictions, Page 668 of 668, revise paragraph 1.27 WAGE APPLICATION to read:

“1.27 WAGE APPLICATION

1.27.1 Building

Applicable to all work within the 5 foot building line and exterior Paving, Walks, Curbs and Gutters.

1.27.2 Heavy

Applicable to all work outside the 5 foot building line, excluding exterior Paving, Walks, Curbs and Gutters.”

Am #0002 - 4

(13) Appendix S Project Work Requirements and Restrictions, after Page 12 of this section, insert the attached Wage Determination Schedule VA080023 dated 06/06/2008.

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged. All other conditions and requirements of the request for proposal] remain unchanged. If the proposals have been mailed prior to receiving this amendment, you will notify the office where proposals are received, in the specified manner, immediately of its receipt and of any changes in your proposal occasioned thereby.

a. Hand-Carried Proposals shall be delivered to the U.S. Army Corps of Engineers, Omaha District, Contracting Division, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

b. Mailed Proposals shall be addressed as noted in Item 8 on Page 00 11 00 - 1 of Standard Form 1442.

c. Electronic Media. It is acceptable to provide pricing proposals by electronic media to the following address.

Email to

Diana.L.Vanderzanen@usace.army.mil or Ken.A.Spohn@usace.army.mil

It is recommended that once sent to either of the above email addresses, a phone call is made advising of the media of transmission.

To send pricing proposals by FAX, please send it to (402) 995-2081. Any message transmitted in this manner must be followed by a call advising of the media used and followed by a hard copy of the cost proposal sent to arrive in the office listed below the next business day.

Any electronic pricing (email or FAX) provided on the date required in the request for a cost proposal must be followed by a hard copy to arrive in the following office no later than the next business day (Monday through Friday).

U.S.Army Corps of Engineers, Omaha District CENWO-CT-M (Vanderzanden/Spohn) 1616 Capitol Avenue Omaha, NE 68102-4901

3. Offers will be received until 2:00 p.m., local time at place of receiving proposals, 17 JUL 2008.

Attachments:

Section 00 11 00, SF 1442 and CLIN Pricing Schedule Section 00 72 00 Contract Clauses Section 01 10 00, Statement of Work, Pages 99 thru 101 Appendix B List of Drawings, Pages 321 and 322 Appendix J Drawings, Pages 376 thru 381 Wage Determination Schedule VA080023 dated 06/06/2008

Am #0002 - 5

CADD Files (Utility Drawings) and RFP drawings are available only on the FTP Site indicated below: Contact Contract Specialist (Vanderzanden) Diana.L.Vanderzanden@usace.army.mil for Password. You will be required to furnish Company Name, CAGE Code, DUNS number, Point of Contact and Phone number with Area Code. Contract Specialist will verify information before sending password.

ftp://ftp.usace.army.mil/pub/nwo/W9128F-08-R-0034/

June 18 Pre-Proposal Conference Agenda June 18 Pre-Proposal Conference Attendance Roster June 18 Pre-Proposal Conference Meeting Questions and Responses (For Information Only)

U.S. Army Corps of Engineers, Omaha District 1616 Capitol Avenue Omaha, Nebraska 68102-4901

1 July 2008

DRL/2181

00 11 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-08-R-0034

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

4 JUN 2008

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capital Ave Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT) 1616 Capital Ave

9. FOR INFORMATION

CALL:

A. NAME

DIANA VANDERZANDEN

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

(402) 995-2066

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The offeror hereby agrees to do all work described in the documents entitled:

PERMANENT PARTY CHAPEL

PN 21640

FORT LEE, VIRGINIA

*BLOCK 13A. – REFER TO SECTION 00 22 11 FOR THE NUMBER OF COPIES TO BE SUBMITTED WITH THE ORIGINAL OFFER.

11. The Contractor shall begin performance within _8_________ calendar days and complete it within ___*____ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See CLIN Pricing Schedule_________)

12A. 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

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ___*____ copies to perform the work required are due at the place specified in Item 8 by__1400___ (hour) local time 17 JUL 2008 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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, is not required.

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

D. Offers providing less than __60______ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

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

Am #0002

00 11 00 - 2

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

DUNS Number:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ** calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement

AMOUNTS

SEE ATTACHED CLIN PRICING SCHEDULE

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha 1616 Capital Ave.

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

CLIN SCHEDULE Attachment to 00 11 00 (SF1442) - 3 W9128F-08-R-0034

RFP NUMBER:________________________________

OFFEROR'S NAME:____________________________

CONTRACT LINE ITEM (CLIN) PRICING SCHEDULE

ITEM

NO.

DESCRIPTION QUANTITY UNIT UNIT

PRICE

LINE ITEM AMOUNT

Design of Permanent Party Chapel, PN 21640, including sitework and utilities.

Job

1- L.S.

XXX

Construction of

SITEWORK AND

UTILITIES, complete to from the five-foot line of the Permanent Party Chapel, PN 21640 to the limits of construction.

Construction of Permanent Party Chapel, PN 21640, complete to the five-foot line.

TOTAL OFFER ( ITEMS 0001, 0002, AND 0003) $_____________________

CONTRACT COST LIMITATION (CCL)

Should not exceed $ 5,040,000.00

CLIN SCHEDULE Attachment to 00 11 00 (SF1442) - 4 W9128F-08-R-0034

Performance Duration in Calendar Days After the Notice to Proceed is Received Should Not to Exceed benchmark duration of 460 Days.

(See Note No. 11) ____________ DAYS

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) Pricing schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Pricing Schedule. Failure to do so may result in the offer being unacceptable. Additions will be subject to verification by the Government. In case of variation between the lump-sum (L.S.) prices and the total amount, the lump-sum prices will be considered the price. In case of variation between the unit prices and the extensions, the unit prices will be considered the amount proposed.

NOTE NO. 3. Not Used.

NOTE NO. 4. Not Used.

NOTE NO. 5. Not Used.

NOTE NO. 6. Not Used.

NOTE NO. 7. This procurement is restricted to Hubzone Small Business..

NOTE NO. 8. CLIN 0001, Design of Permanent Party Chapel, PN 21640, includes costs for efforts related to the design of the complex, as well as any related costs for the constructor’s coordination during design (see Special Contract Requirement (SCR):

Constructor’s Role During Design). The Offeror shall distribute costs for the designer’s role during construction into the construction CLIN’s, as appropriate for those efforts, including any costs associated with as-built documentation. In general, include engineering and designer costs for efforts after the Design Complete or Issued for Construction documents in the construction CLIN’s.

NOTE NO. 9. Not Used.

NOTE NO. 10. Not Used.

NOTE NO. 11. The Offeror shall propose a performance duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for design and construction through completion, ready for turnover should not exceed 460 calendar days. The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP. See also Section 00 22 11 and SCR: COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK.

Section 00 72 00

Section 00 72 00, Page 1 of 13

SECTION 00 72 00

CONTRACT CLAUSES

Section 00 72 00 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://acquisition.gov/far/index.html http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/dars/dfars/index.htm

(End of Provision)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/comp/far/index.html http://farsite.hill.af.mil http://www.acq.osd.mil/dpap/ (End of clause)

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal Transactions SEPT 2007 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEPT 2007 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

SEPT 2006

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation JUN 1999 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

Section 00 72 00, Page 2 of 13

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions

JUL 2005

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.219-3 Notice of Total HUBZone Set-Aside JAN 1999 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns

JUL 2005

52.219-8 Utilization of Small Business Concerns MAY 2004

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation JUL 2005 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for Construction FEB 1999 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans

SEPT 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The

Vietnam Era, and Other Eligible Veterans

SEPT 2006

52.222-38 Compliance With Veterans' Employment Reporting Requirements DEC 2001 52.222-50 Combating Trafficking in Persons AUG 2007 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.225-13 Restrictions on Certain Foreign Purchases JUNE 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets FEB 1992 52.228-12 Prospective Subcontractor Requests for Bonds OCT 1995 52.228-14 Irrevocable Letter of Credit DEC 1999 52.228-15 Performance and Payment Bonds--Construction NOV 2006 52.229-3 Federal, State And Local Taxes APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest JUN 1996 52.232-23 Assignment Of Claims JAN 1986 52.232-27 Prompt Payment for Construction Contracts SEP 2005 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration OCT 2003 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984

Section 00 72 00, Page 3 of 13

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-25 Requirements for Registration of Designers JUN 2003 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUNE 2007 52.244-2 Subcontracts JUNE 2007 52.244-6 Subcontracts for Commercial Items MAR 2007 52.245-1 Government Property JUNE 2007 52.245-9 Use and Charges JUNE 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction SEPT 2006 52.249-2 Termination For Convenience Of The Government (Fixed-Price) MAY 2004 52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-4 Alternations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-

Contracting Officer's Representative DEC 1991

252.203-

Prohibition On Persons Convicted of Fraud or Other Defense-Contract- Related Felonies

DEC 2004

252.203-

Display Of DOD Hotline Poster DEC 1991

252.204-

Control Of Government Personnel Work Product APR 1992

252.204-

Disclosure of Information DEC 1991

252.204- 7004 Alt A

Central Contractor Registration (52.204-7) Alternate A SEP 2007

252.209-

Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.215-

Pricing Adjustments DEC 1991

252.219-

Alternate A JUN 1998

252.223-

Drug-Free Work Force SEP 1988

252.223-

Prohibition On Storage And Disposal Of Toxic And Hazardous Materials APR 1993

Section 00 72 00, Page 4 of 13

252.227-

Government Rights (Unlimited) MAR 1979

252.227-

Drawings And Other Data To Become Property Of Government MAR 1979

252.227-

Rights in Shop Drawings APR 1966

252.231-

Supplemental Cost Principles DEC 1991

252.232-

Levies on Contract Payments DEC 2006

252.236-

Modification Proposals-Price Breakdown DEC 1991

252.243-

Pricing Of Contract Modifications DEC 1991

252.243-

Requests for Equitable Adjustment MAR 1998

252.247-

Transportation of Supplies by Sea MAY 2002

252.247-

Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within eight (8) calendar days after the date of receipt by him of Notice to Proceed, (b) prosecute said work diligently, and (c) complete the entire work ready for use not later than the number of calendar days (which includes design, design reviews and all construction activities) indicated by the Contractor on the CLIN Pricing Schedule (Phase

2) for this contract. The time stated for completion of the project shall include final cleanup of the premises.

FAR 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete interim work items affecting other projects and to complete the work within the time indicated by the Contractor, the Contractor shall pay liquidated damages to the Government in the amount of $1100 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

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(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall—

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.219-14 – LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

FAR 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 Goals for Female Participation for Each Trade for Each Trade

30.6 6.9

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

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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 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 Petersburg-Colonial Heights-Hopewell, VA, SMSA-6140, of which Prince George Co., Virginia is a part of.

FAR 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause- "United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana

Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the

Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees.

However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

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If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

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(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c).

For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

FAR 52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (JAN 2005) (For Contracts less than $7.443 million)

(a) Definitions. As used in this clause— “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; or

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

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

“United States” means the 50 States and 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. 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 the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(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—

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(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 BuyAmerican 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)*

Item 1:

Foreign construction material _________ _______ _________ Domestic construction material _________ _______ _________

Item 2:

Foreign construction material ________ ______ _________ Domestic construction material ________ ______ _________

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

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FAR 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS

(MAY 2002) (Applicable with FAR 52.225-9)

(a) Definitions. “Construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act— Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material.