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REQUEST FOR PROPOSAL

(FOR DESIGN-BUILD CONTRACT)

SOLICITATION NO. W9128F-08-R-0035

BASE CIVIL ENGINEERING

ADMINISTRATION FACILITY

ELLSWORTH AFB, South Dakota

JULY 2008

U.S. Army Corps of Engineers Omaha District

TC Page 1

BASE CIVIL ENGINEER ADMINISTRATION FACILITY

ELLSWORTH AFB, SOUTH DAKOTA

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 SOLICITATION/CONTRACT FORM (SF 1442) AND PRICING SCHEDULE

00 21 00 INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

00 22 00 PROPOSAL SUBMISSION REQUIREMENTS, INSTRUCTIONS AND

EVALUATION

00 45 00 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 30 10 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00.32 DESIGN AND CONSTRUCTION DELIVERABLES/PROCEDURES

01 33 00.36 60 PERCENT DESIGN REQUIREMENTS

01 33 00.38 100 PERCENT DESIGN REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26 (SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01.10 USACE QUALITY CONTROL SYSTEM (QCS)

01 45 01 USACE QUALITY CONTROL

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

01 62 35 RECYCLED / RECOVERED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 76 00 ELLSWORTH AFB SECURITY REQUIREMENTS

01 78 23 OPERATION AND MAINTENANCE DATA

01 78 36.00 24 WARRANTY OF CONSTRUCTION AND DESIGN

01 78 39.00 24 AS-BUILT DRAWINGS

01 81 00 SUMMARY OF THE WORK

01 82 00 ARCHITECTURAL BUILDING REQUIREMENTS

01 83 00 STRUCTURAL REQUIREMENTS

01 84 00 INTERIOR DESIGN REQUIREMENTS

01 86 10 MECHANICAL REQUIREMENTS

01 86 13 FIRE PROTECTION REQUIREMENTS

01 86 26 ELECTRICAL REQUIREMENTS

01 86 29 COMMUNICATIONS REQUIREMENTS

01 88 00 FORCE PROTECTION AND SECURITY REQUIREMENTS

01 89 00 S ITE WORK REQUIREMENTS

APPENDICES

APPENDIX A LEED NC VERSION 2.2 REGISTERED PROJECT CHECKLIST

APPENDIX B SITE SURVEY

APPENDIX C HYDRANT FLOW DATA

APPENDIX D GEOTECHNICAL EVALUATION

APPENDIX E PLANT PALETTE

APPENDIX F HAZARDOUS MATERIAL SURVEYS

APPENDIX G AVAILABLE EDITED AND UNEDITED GUIDE SPECIFICATIONS

APPENDIX H COMPREHENSIVE INTERIOR DESIGN (FURNITURE PROCUREMENT)

APPENDIX I SPACE REQUIREMENTS

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED PAGE 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 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

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

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):

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

X YES NO

12B. CALENDAR DAYS12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

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 (hour) local time (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.x

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 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

00010-1

STANDARD FORM 1442 (REV. 4-85)

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

W9128F-08-R-0035 02 Jul 2008 1 OF 5

U S ARMY ENGINEER DISTRICT, OMAHA

1616 CAPITOL AVENUE

OMAHA, NE 68102-4901

CT

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT)

1616 CAPITOL AVENUE

Omaha, Nebraska 68102-4901

Polina Poluektova (402) 995-2091

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

BASE CIVIL ENGINEER ADMINISTRATION FACILITY

ELLSWORTH AFB, SOUTH DAKOTA

RETURN WITH PROPOSAL: INFORMATION REQUIRED BY; SF1442;

SEE CONTRACT CLAUSES CLAUSE "PERFORMANCE AND PAYMENT BONDS".

** See Section 00 22 00 for number of copies

10 600

** 1400 08 Aug 2008

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

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

AMOUNTS

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

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 con-summates 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

00010-2

STANDARD FORM 1442 BACK (REV. 4-85)

DUNS Number:___________________________

SEE ATTACHED PRICING SCHEDULE

Contractor’s Fax No._____________ CAGE CODE _________________ Contractor’s E-Mail address________________

U.S. Army Engineer District, Omaha 1616 Capitol Ave Omaha, Nebraska 68102-4901

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

BASE CIVIL ENGINEERING ADMINISTRATION FACILITY (FXBM003007)

00 11 00 - 3 W9128F-08-R-0035

PRICING SCHEDULE

ITEM

NO.

DESCRIPTION QUANTITY UNIT AMOUNT

BASIC ITEMS

0001 All work complete for the Base Civil Engineering Admin Facility excluding items below.

Job

L.S.

0002 All design work complete for Item 0001 above.

TOTAL BASIC (ITEMS 0001 AND 0002) $_________________________

OPTION ITEMS

Option 1 - All work complete for Haz-Mat removal and demolition of Bldg. 8202 (See Dwg. C-111)

Option 2 - All work

Bldg. 8203 (See Dwg. C-111)

Option 3 - All work

Bldg. 8201 (See Dwg. C-111)

Option 4 All work complete to design and construct Bergstrom Court road extension shown on Dwg.

C-122.

Option 5 All work complete to provide and place O&M furniture. For types and locations see Attachment CID Furniture Package.

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________

BASE CIVIL ENGINEERING ADMINISTRATION FACILITY (FXBM003007)

00 11 00 - 4

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS for evaluation of options. The Government reserves the right to exercise Options in accordance with the schedule below:

OPTIONS ITEMS CALANDER DAYS AFTTER NTP

Option 1 360 Option 2 390 Option 3 390 Option 4 120 Option 5 420

Note: Upon BOD of the Base CE Admin Facility and award of Options 1, 2 and 3 the Contractor shall allow 30 calendar days for Air Force personnel to move from buildings 8202, 8203 and 8201 to the new facility.

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be considered non-responsive and subject to rejection. Additions will be subject to verification by the Government. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted.

3. A modification to a proposal which provides for a single adjustment to the total amount submitted, should state the application of the adjustment to each respective lump-sum price affected.

SECTION 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

(October 2006)

INDEX

Attachment: Required Central Contractor Registration

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003) 3

2 (FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

3 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN

2004)

4 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984)

5 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

6 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

7 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006)

8 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

9 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995)

10 DEFINITION OF "DESIGN-BUILD" PROCESS

11 SOLICITATION RESTRICTIONS

11.1 GENERAL CONTRACTOR

11.2 ESTIMATED DESIGN AND CONSTRUCTION COST

11.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

11.4 RETURN ADDRESS REQUIREMENTS

11.5 CADD AND ELECTRONIC DESIGN FILES

12 CHANGES PRIOR TO RECEIVING OFFERS

13 SMALL BUSINESS SIZE STANDARD

14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

15 OFFEROR'S QUESTIONS AND COMMENTS

15.1 PLAN HOLDER'S LIST

16 GENERAL DESCRIPTION OF WORK

17 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

18 SOURCE SELECTION BOARD (SSB)

19 TAXES – STATE OF SOUTH DAKOTA

SECTION 00 21 00 Page 2

19.1 EXCISE TAX

19.2 USE TAX

19.3 INFORMATION

SECTION 00 21 00 Page 3

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1 (FAR 52.204-6) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and

Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

2 (FAR 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

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

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

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

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

(b) Documents not available from ASSIST may be ordered from the

Department of Defense Single Stock Point (DoDSSP) by—

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

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-

SECTION 00 21 00 Page 4

Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins

Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile

(215) 697-1462.

3 (FAR 52.215-1) INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN

2004)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

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

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

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

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

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

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

and

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

SECTION 00 21 00 Page 5

(3) Submission, modification, revision, and withdrawal of proposals.

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

(7) Offerors may submit revised proposals only if requested or

SECTION 00 21 00 Page 6 allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award.

Withdrawals are effective upon receipt of notice by the Contracting Officer.

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

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

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract.

This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

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

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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

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

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

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

SECTION 00 21 00 Page 7

Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

4 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

5 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

6 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

SECTION 00 21 00 Page 8

7 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from District Counsel, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

8 (FAR 52.236-28) PREPARATION OF PROPOSALS—CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the

Government or on copies of those forms; and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including—

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words "no proposal" in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

9 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) A site visit is scheduled on 23 July 2008 at 0900 hours (local time). Contractors interested in inspecting the site should contact the Ellsworth AFB Resident Office, U.S. Army Corps of Engineers, P.O. Box 669, Box Elder, South Dakota 57719, Telephone: (605) 923-2983; Fax: (605) 923- 2558; e-mail dwight.d.pochant@usace.army.mil. All inquiries for registration should be made a minimum of 5 work days in advance of the scheduled site visit to coordinate base access and place of assembly.

SECTION 00 21 00 Page 9

10 DEFINITION OF "DESIGN-BUILD" PROCESS

The "Design-Build Process is the procurement of a facility utilizing a Request for Proposal (RFP) to solicit for the design and construction of a facility by a single contractual entity. The contractual entity may be a "Design-Build" firm, or joint venture between an architect-engineer (A-E) and construction firm, or a construction management (CM) firm joint venture with an A-E and a construction firm.

11 SOLICITATION RESTRICTIONS

11.1 GENERAL CONTRACTOR

This solicitation is UNRESTRICTED and open to both large and small business participation.

11.2 ESTIMATED DESIGN AND CONSTRUCTION COST

The estimated design and construction cost of this project is between $10,000,000 and $15,000,000.

11.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS

See FAR 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISTION, subparagraph “(c) Submission, modification, revision, and withdrawal of proposals.” below for acceptable methods. Note: Electronic commerce or facsimile are not acceptable methods, unless indicated otherwise.

11.4 RETURN ADDRESS REQUIREMENTS

Offeror(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1616 Capitol Avenue, Omaha, Nebraska 68102-4901 if it does not contain a return mailing address. There will be no exceptions.

11.5 CADD AND ELECTRONIC DESIGN FILES

No other CADD design files will be provided for proposal preparation.

12 CHANGES PRIOR TO RECEIVING OFFERS

The right is reserved, as the interest of the Government may require, revising the specifications and/or Request For Proposal drawings prior to the date set for receiving offers. Such revisions will be announced by an amendment or amendments to this Request For Proposal. It shall be the responsibility of the prospective offeror, subcontractor or supplier to obtain copies of amendments from the website link for this project on http://www.fbo.gov/.

SECTION 00 21 00 Page 10

13 SMALL BUSINESS SIZE STANDARD

The small business size standard for this procurement is $31 million in gross annual receipts for the preceding 3 fiscal years.

14 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS)

In accordance with Sector 23 of the NAICS Manual, the work in this solicitation is assigned classification code 236220.

15 OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to: U.S. Army Corps of Engineers, Omaha District, ATTN:

CENWO-CT-M 1616 Capitol Avenue, Omaha, NE 68102-4901. E-mail addresses, FAX numbers, items for question and points of contact are listed below. Phone calls with questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday.

Note: A courtesy copy of all questions shall be sent to the Contract Specialist (Contractual Matters Point of Contact), the Program Manager and the Specifications Section (Technical Contents Points of Contact), except for Small Business questions. Small Business questions shall go to the Small Business Matters point of contact.

Items for Question Points of Contact/ E-mail Addresses Phone numbers/ FAX Numbers

Contractual Matters: Polina Poluektova Polina.A.Poluecktova@usace.army.mil 402-995-2091 (phone)

Planholder's List See paragraph: PLAN HOLDER'S LIST, below.

Small Business Hubert Carter Hubert.J.Carter@usace.army.mil Matters 402-995-2910 (phone)

Technical Contents Michael Pisci Michael.R.Pisci@usace.army.mil Of Proposal 402-995-2775 (phone) Documents Specifications Marylee.F.Stobbe@usace.army.mil Section: Marylee Stobbe 402-995-2184(phone) Site Inspection See Paragraph: SITE INSPECTION, above

** - It shall be the Contractor's, Subcontractor's and Supplier's responsibility to check for amendments (Link available at:

http://www.fbo.gov/).

15.1 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, SECTION 00 21 00 Page 11

Federal Business Opportunities has these features available (www.fbo.gov.)

For a solicitation, go to www.fbo.gov and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the “Add me to Interested Vendors” for the solicitation.

16 GENERAL DESCRIPTION OF WORK

Scope of project includes all work required to design and construct the Base Civil Engineering Facility located at Ellsworth AFB, South Dakota. Work shall be in accordance with Request for Proposal documents issued with this

17 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION AND CONTRACT AWARD

See Section 00 22 00 PROPOSAL INSTRUCTIONS, SUBMISSION REQUIREMENTS, AND

EVALUATION.

18 SOURCE SELECTION BOARD (SSB)

The Contracting Officer has established a Source Selection Board to conduct an evaluation of each proposal received in response to this Solicitation. The evaluation will be based exclusively on the merits and content of the proposal and any subsequent discussion required. The identities of the SSB personnel are confidential, and any attempt by the proposers to contact these individuals is prohibited.

Note: In addition to the requirements of FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES the following known taxes are applicable.

19 TAXES – STATE OF SOUTH DAKOTA

19.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

19.2 USE TAX

Government furnished construction material used by the Contractor in the performance of the work is subject to use tax. The value of the material furnished is set forth in the SECTION 00 73 00, SPECIAL CONTRACT REQUIREMENTS clause "Government-Furnished Property."

19.3 INFORMATION

The "excise" and "use" taxes shall be included in the price or prices bid.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311.

SECTION 00 21 00 Page 12

REQUIRED CENTRAL CONTRACTOR REGISTRATION (CCR)

Register Now: Don’t wait until you submit an offer on a solicitation. You must be registered to receive the contract award. It can often take 30 days for CCR to process your registration information.

Register One of Three Ways:

Internet: http://www.ccr.gov

Value Added Network (VAN) for EDI users: Contact your VAN for information. If you need to find a VAN look at http://www.acq.osd.mil/ec/ecip/van_list.htm

FAX or Mail: Call (888)227-2423 or (616)961-4725 to receive a registration package. FAX or mail the completed information to the CCR Assistance Center. It can take up to 30 days to process a faxed or mailed package.

CCR Assistance Center 74 Washington Street North, Suite 7 Battle Creek, MI 49017-3084

FAX: (616)961-7243

Base Civil Engineering Administration Facility Ellsworth AFB, SD

Section 00 22 00 Page 1

SECTION 00 22 00

PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

INDEX

1. WHO MAY SUBMIT

2. GENERAL REQUIREMENTS

3. SIZE OF PRINTED MATTER SUBMISSIONS

4. WHERE TO SUBMIT

5. SUBMISSION DEADLINE

6. EVALUATION OF PROPOSALS

7. EVALUATION FACTORS FOR AWARD

8. PROPOSAL REQUIREMENTS AND SUBMISSION FORMAT

8.1. TAB 1 - CONSTRUCTION EXPERIENCE

8.1.1. Submission Requirements

8.1.2. Evaluation

8.2. TAB 2 – DESIGN EXPERIENCE

8.2.1. Submission Requirements

8.2.2. Evaluation

8.3. TAB 3 - PAST PERFORMANCE

8.3.1. Part A – Past Performance – Construction

8.3.2. Part B – Past Performance – Design

8.4. TAB 4 - PERSONNEL QUALIFICATIONS AND EXPERIENCE

8.4.1. Part A – Construction Personnel Qualifications and Experience

8.4.2. Part B – Design Personnel Qualifications and Experience

8.5. TAB 5 - PROJECT MANAGEMENT PLAN

8.5.1. Submission Requirements

8.5.2. Evaluation

8.6. TAB 6 – UTILIZATION OF SMALL BUSINESS CONCERNS

8.6.1. General Information

8.6.2. Submission Requirements - Small Business

8.6.3. Submission Requirements - Other Than Small Business Concerns

8.6.4. Evaluation

9. BINDER NO. 2 - PRICE

9.1.1. Submission Requirements

9.1.2. Evaluation of Price

10. JOINT VENTURES/CCR REGISTRATION

11. COMPETITIVE RANGE

12. CLARIFICATIONS AND DISCUSSIONS

Section 00 22 00 Page 2

13. FINAL PROPOSAL REVISIONS

14. DEBRIEFING

ATTACHMENTS:

Attachment 1 – Blank Performance Evaluation Forms (DD Form 2626 and DD Form 2631) Attachment 2 – General Subcontracting Plan Information Attachment 3 - Small Business Subcontracting Plan Sample Attachment 4 - Appendix DD – Subcontracting Plan Evaluation Guide

Section 00 22 00 Page 3

SECTION 00 22 00

PROPOSAL INSTRUCTIONS,

SUBMISSION REQUIREMENTS AND EVALUATION

1. WHO MAY SUBMIT

This solicitation is open to both large and small business participation.

All proposers, including joint ventures, must be registered in the Central Contractor Registration (CCR). See paragraph 10 JOINT VENTURES/CCR REGISTRATION.

There will be no public opening. All proposals submitted will become, upon receipt, the property of the U.S. Government and will not be returned. After evaluation of proposals, the original will be retained for the official contract file. Extra copies of the awardee’s proposal will be submitted to the Field and Area Offices in support of their contract administration functions.

Any extra copies of the proposals deemed unnecessary by the government will be destroyed.

2. GENERAL REQUIREMENTS

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the proposal submission requirements.

3. SIZE OF PRINTED MATTER SUBMISSIONS

All written portions (other than an organization chart (if provided)) shall be in 8-1/2" x 11" format.

4. WHERE TO SUBMIT

Offerors shall submit their proposal packages to the USACE Contracting Activity at the address shown in Block 8 of Standard Form 1442.

5. SUBMISSION DEADLINE

Proposals shall be received by the USACE Contracting Activity no later than the time and date specified in Block 13 of Standard Form 1442.

Due to heightened security at Government installations, those offerors who have their proposals hand-delivered shall contact Polina Poluektova, Contract Specialist at (402) 995-2091 prior to delivering to:

Department of the Army Corps of Engineers, Omaha District 1616 Capitol Avenue

Section 00 22 00 Page 4

Omaha, NE 68102-4901

On the date specified and for the thirty minutes prior to the time specified on the Standard Form SF 1442, Section 00 11 00, Page 1, Item 13A, a Contracting Representative will be in the lobby to accept proposals. At the time specified in Item 13A, it will be announced that receipt of proposals is closed. Official time will be established by the clock located in the area where proposals are received.

6. EVALUATION OF PROPOSALS

a. All proposals and documentation which have been properly submitted will be evaluated. Proposals will be evaluated on the basis of the factors stated in the solicitation to select the responsible offeror whose proposal is most advantageous to the Government. Because of the number of proposals anticipated, uniformity of all proposals is essential to assure fair and accurate evaluation. All proposals must comply with the instructions in the solicitation. Proposals that do not generally conform to the RFP requirements may be considered to have a “critical defect”, i.e.

a defect that cannot be remedied by exchanges and/or permitted proposal revisions. If a proposal is suspected of having a critical defect, it will be brought to the immediate attention of the appropriate authority who will determine if there is a critical defect. If the determination is made that a critical defect exists, the proposal will not be evaluated further and will be eliminated from further consideration. The affected offeror shall be promptly notified of the decision. Properly conforming proposals will be forwarded to the Source Selection Evaluation Board (SSEB) for evaluation. If, after award, the key personnel or sub-contractors identified in the proposal are replaced, replacement personnel or sub-contractors with similar skills and experience equal to those presented in the proposal shall be presented to the Contracting Officer for approval. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions for these designated personnel or sub-contractors.

b. Information obtained from owners, contract administrators, or other points of contact provided by the offeror may affect the evaluation rating given for the factors being evaluated by those discussions.

c. Evaluations will be conducted in accordance with the Tradeoff Process, FAR 15.101-1.

Tabs 1 through 6 will be rated using an adjectival methodology with a narrative assessment and Binder #2 (Price) will be evaluated after consensus scoring Tabs 1-6. Proposal evaluation is an assessment of the proposal and the offeror's ability to perform the resultant contract successfully.

Proposals will be evaluated to determine ratings supported by narratives, and to identify strengths, weaknesses, and deficiencies of the proposed approach in each proposal.

d. Evaluation Definitions.

(1) Strength. A substantive aspect, attribute, or specific item in the proposal that exceeds the solicitation requirements and enhances the probability of successful contract performance.

(2) Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. A significant weakness in the proposal is a flaw that appreciably increases the

Section 00 22 00 Page 5 risk.

(3) Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

(4) Clarification. Clarifications are limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. If award without discussions is anticipated, offerors may be given the opportunity to clarify certain aspects of their proposals or to resolve minor or clerical errors.

(5) Communications. Communications are exchanges between the Government and offerors after receipt of proposals, leading to establishment of the competitive range.

(6) Discussions. Discussions are negotiations conducted in a competitive acquisition and take place after establishment of the competitive range. Discussions are tailored to each offeror's proposal, and shall be conducted by the Contracting Officer with each offeror within the competitive range.

(7) Rating. The application of a scale of words, colors, or numbers used in conjunction with narrative to denote the degree to which the proposal has met the standard for a non-cost factor. For purposes of this solicitation, ratings will consist of words (adjectival method) used in conjunction with narratives. Ratings will be applied at the factor (tab) and subfactor level. If at any level of indentation an Offeror’s proposal is evaluated as not meeting a minimum requirement (that is, below the level of marginal), this fact must be included in the rating and narrative assessment at that level and each higher level of indentation. Therefore, an unacceptable rating at any level must be carried to the factor (tab) level. The following ratings will be used to evaluate Tabs 1 through 6:

Exceptional. Proposer possesses virtually all of the desired attributes and qualities set forth in the RFP, for the particular factor being evaluated. Strengths are present indicating maximum benefit to the government and no significant weaknesses are indicated.

Above Average. Proposer possesses many of the desired attributes and qualities set forth in the RFP for the particular factor being evaluated. Strengths are present indicating significant benefit to the government. The proposal has only minor weaknesses that have no impact on the proposal as a whole and do not require correction.

Average. Proposer possesses some of the desired attributes and qualities set forth in the RFP for the factor being evaluated. Strengths are present indicating some benefits to the government. Any weaknesses noted have only a minor impact on the proposal and are easily correctable.

Marginal. Proposer possesses only a few of the desired attributes and qualities

Section 00 22 00 Page 6 expressed in the RFP for the factor being evaluated. The Government may still receive benefit from the proposal submitted. Weaknesses and deficiencies noted are correctable without major revision of the proposal.

Unacceptable. Proposer lacks the desired attributes and qualities necessary to receive a higher rating. Weaknesses and/or deficiencies noted are uncorrectable without a major revision of the proposal. A proposal that receives a final rating of “Unacceptable” for any factor may not be considered for award.

Neutral. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance. *

*For Binder #1, Tab 3, Past Performance, a neutral rating will be awarded when no past performance records are provided or are otherwise unavailable. Per Federal Acquisition Regulation (FAR) 15.305(a)(2)(iv), “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated either favorably or unfavorably on past performance."

7. EVALUATION FACTORS FOR AWARD

The areas to be evaluated include Evaluation Factors which will be evaluated based on the adjectival method of evaluation. The requirements specified in the solicitation are considered to be minimum requirements. A more favorable evaluation rating may be given for exceeding the minimum requirements. Note: Tabs 1-6 are shown below in descending order of importance, excluding Binder 2 (Price), which is approximately equal to all of the combined tab elements contained in Binder No. 1.

Binder No. 1 Tab 1 – Construction Experience

Tab 2 – Design Experience

Tab 3 - Past Performance

A. Construction

B. Design

Tab 4 - Personnel Qualifications and Experience

A. Construction

B. Design

Tab 5 - Project Management Plan

Tab 6 - Utilization of Small Business Concerns

Binder No. 2 Price - (approximately equal to the combined tab elements in Binder 1)

Section 00 22 00 Page 7

Note: A low evaluation rating for any tab, or combination of different tabs, may cause the proposal to be evaluated as “Unacceptable”. Binder No. 2 - Price will be evaluated in accordance the requirements listed in paragraph 9.1.2, EVALUATION OF PRICE.

8. PROPOSAL REQUIREMENTS AND SUBMISSION FORMAT

a. Offerors shall submit the original and six (6) copies of their Binder 1 (containing Tabs 1-6). Only the original of Binder 2 – Price shall be submitted (copies of this binder are not required). Binder 1 shall consist of a 3-ring binder with Tabs (dividers) separating Tabs 1 through 6. Binder 2 shall be a separate binder containing the information shown below. The binders shall be divided as follows:

Binder No. 1

Tab 1 – Construction Experience

Tab 2 – Design Experience

Tab 3 - Past Performance

A. Construction

B. Design

Tab 4 - Personnel Qualifications and Experience

A. Construction

B. Design

Tab 5 – Project Management Plan

Tab 6 - Utilization of Small Business Concerns

b. Offerors shall submit only the original of their price proposal, along with the other information requested below, in a 3-ring binder designated as “Binder No. 2”.

Binder No. 2

Single Tab with the Solicitation/Contract Form and Pricing Schedule (Section 00 11

00) and Representations, Certifications and Other Statements of Offerors (Section 00 45 00)

All proposals shall contain the information stated herein. Proposal clarity, organization (as defined in this solicitation) and cross-referencing is mandatory. No material (information not part of proposal) shall be incorporated by reference.

Note: If you do not want the data submitted below disclosed by the Government, follow the procedure specified in Section 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, paragraph: RESTRICTION ON DISCLOSURE AND USE OF DATA. However, Section 00 22 00 Page 8 portions of the winning proposal will be incorporated into the contract and are subject to disclosure notwithstanding restrictive markings.

8.1. TAB 1 - CONSTRUCTION EXPERIENCE

8.1.1. Submission Requirements

In this tab, the offeror should submit three (3) examples of construction projects which best illustrate his experience on projects of similar function, scope, complexity, and size as this project.

Each project summary should consist of a one or two page narrative of the example project, discussing the project and providing specifics as noted herein. No more than 3 projects may be submitted.

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