Amendment_0004_-W9128F-18-R-0048.pdf

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

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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.

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Amendment No. 0004 W9128F

INDOOR FIRING RANGE, MINOT AIR FORCE BASE, NORTH DAKOTA

See attached documentation for content of the changes to RFP

Date for receipt of proposals is 13 MAR 2019 at 1400 hours

Government Point of Contact: Lauren Levy, Contract Specialist (402) 995-2049

U.S ARMY CORPS OF ENGINEERS, OMAHA DISTRICT

CONTRACTING OFFICE

1616 CAPITOL AVE.

OMAHA, NE 68102-4901

See Item 6

W9128F-18-R-0048

03/08/2019

01/25/2019

03/08/2019

Am #0004 - 2 (Continuation of SF30)

DEPARTMENT OF THE ARMY

Omaha District, Corps of Engineers

1616 Capitol Avenue Omaha, Nebraska 68102-4901

:NOTICE: Failure to acknowledge : Solicitation No. W9128F-18-R-0048 :all amendments may cause rejec-:

:tion of the offer. See FAR : Date of Issue: 25 JAN 2019 :52.215-1 of Section 00 21 00. : NEW Date of Receiving Proposals:

13 MAR 2019

Amendment No. 0004

8 MAR 2019

SUBJECT: Amendment No. 0004 to Request for Proposal Solicitation Package for Design and Construction of Indoor Firing Range at Minot AFB, ND

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 (New and/or Revised and Reissued). Delete and substitute or add specification pages as noted below. The substituted pages are revised and reissued with this amendment. For convenience, in sections marked with asterisks, changes have been identified with underlined (additions) and strikethrough (deletions) text. All portions of reissued specification pages shall apply whether or not changes have been indicated in this manner.

Pages Deleted Pages Substituted or Added 00 10 00 00 10 00* 01 30 00.24 01 30 00.24* 01 86 10 01 86 10*

b. Drawings (Reissued). The following drawing(s) are revised with a revision date as indicated in the title block, and reissued with this amendment.

(1) Sheet MID3CU001, UTILITY PLAN COMPOSITE (ALL UTILITIES)

2. This amendment is a part of the proposing papers and its receipt shall be acknowledged on the new Standard Form 1442. All other conditions and requirements of the request for proposal remain unchanged.

3. Offers will be received until 2:00 p.m., local time at place of receiving proposals, 13 MAR 2019.

Attachments:

Specification pages listed in 1.a. above Drawings listed in 1.b. above (under separate cover)

Am #0004 - 3 (Continuation of SF30)

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

8 MAR 2019

jlb/2099

00 10 00 Page 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-18-R-0048

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

25 JAN 2019

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 Capitol Ave

U.S.ARMY CORPS OF ENGINEERS, OMAHA

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

9. FOR INFORMATION

CALL:

A. NAME

Lauren Levy

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

(402) 995-2049

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:

INDOOR FIRING RANGE

MINOT AIR FORCE BASE, NORTH DAKOTA

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

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

THIS SOLICITATION IS UNRESTRICTED AND IS OPEN TO BOTH LARGE AND SMALL BUSINESS PARTICIPITATION.

This solicitation contains additional security requirements that were not in effect prior to 2014. Please reference Section 01 30 00.24, Paragraph 1.4.

11. The Contractor shall begin performance within 10 calendar days and complete it within 600* calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

*NOTE: Please see Section 00 22 00 for additional information regarding the period of performance.

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 131 MAR 2019. 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 30 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(d)

Am_0004

00 10 00 Page 2

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

DUNS or Unique Entity Identifier 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 30 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

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 Capitol Ave.

Omaha, Nebraska 68102-4901

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)

00 10 00 - 3

CONTRACT LINE ITEM PRICING SCHEDULE

ITEM NO. DESCRIPTION QUANTITY UNIT AMOUNT

BASIC ITEMS

Entire work complete to Design an Indoor Firing Range and Site Work, including items 0004 – 0010 (also referred to as Options 1 – 7) listed below.

Job

Construct an Indoor Firing Range, up to 5 feet outside of the building, excluding Option items listed below.

Construct Sitework, complete from the five-foot line to the limits of construction of the Indoor Small Arms Firing Range, excluding Option items listed below.

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option 1]

Additional cost to Construct Option Area of Indoor Firing Range as shown on the Plans.

[Option 2]

Option Site Work as shown on Sheet CS103A.

[Option 3]

Option Site Work as shown on Sheet CS103B.

[Option 4]

Additional cost to Procure and Install Furniture, Fixtures, and Equipment in accordance with the Plans and Specifications.

00 10 00 - 4

[Option 5] and Install Water Lines and Appurtenances as shown on the Plans.

[Option 6] and Install Sanitary Sewer Lines as shown on the Plans.

[Option 7] and Install Gas Lines as shown on the Plans.

TOTAL AMOUNT (BASIC PLUS OPTIONS) $_________________________________

NOTES:

1. See SECTION 00 21 01, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The Government reserves the right to exercise the options within 365 days after issuance of Notice to Proceed.

2. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the Job (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. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0001.

4. CLIN 0006 (Option 3) will only be awarded if CLIN 0005 (Option 2) is also awarded.

Indoor Firing Range - Minot AFB, ND MID3

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

10/17

PART 1 GENERAL

1.1 (UAI 5152.231-9000) EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995)

1.2 (UAI 5152.232-9000) PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR

2009)

1.3 (UAI 5152.236-9000) DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE (AUG

1997)

1.4 (UAI 5152.236-9001) PERSONNEL, SUBCONTRACTORS AND OUTSIDE

ASSOCIATES OR CONSULTANTS (MAY 2006)

1.5 (UAI 5152.236-9002) GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS,

SURVEYS, AND SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)

1.6 (UAI 5152.236-9003) GOVERNMENT-FURNISHED SPECIFICATIONS AND

DRAWINGS FOR CONSTRUCTION (JUL 2003)

1.7 (UAI 5152.236-9004) RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

(MAY 2002)

1.8 (UAI 5152.236-9005) WARRANTY OF DESIGN (MAY 2002)

1.9 (UAI 5152.236-9006) DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

1.10 (UAI 5152.236-9007) CONTRACTOR'S ROLE DURING DESIGN PROCESS (JUN

1998)

1.11 (UAI 5152.236-9008) VALUE ENGINEERING AFTER AWARD (JUN 1999)

1.12 (UAI 5152.236-9009) PARTNERING (FEB 2000)

1.13 (UAI 5152.236-9010) GOVERNMENT RE-USE OF DESIGN (MAY 2006)

1.14 (UAI 5152.222-9000) CONTRACTOR SUPPLY AND USE OF ELECTRONIC

SOFTWARE FOR PROCESSING CONSTRUCTION WAGE RATE REQUIREMENTS

STATUTE CERTIFIED LABOR PAYROLLS (APRIL 2011)

1.15 (UAI 5115.504) AWARD TO SUCCESSFUL OFFEROR

1.16 (UAI 5122.1302-100) VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY

CORPS OF ENGINEERS CONTRACTS

1.17 UAI 5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

1.18 COMPLETION OF WORK

1.18.1 Sequence of Design-Construction

1.19 CONTRACTOR PERFORMANCE EVALUATIONS

1.20 LIQUIDATED DAMAGES-CONSTRUCTION

1.21 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1.22 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

1.23 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE

1.24 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

1.25 ORDER OF WORK

1.26 REQUEST FOR PROPOSAL (RFP) DRAWINGS

1.27 SUBMITTALS

1.28 CONCURRENT CONSTRUCTION

1.29 PAYMENT

1.29.1 PROMPT PAYMENT ACT

1.29.2 PAYMENT FOR MATERIALS DELIVERED OFFSITE

1.30 AVAILABILITY OF UTILITY SERVICES

SECTION 01 30 00.24 Page 1

1.31 UTILITY SERVICE INTERRUPTIONS

1.32 DIGGING PERMITS AND ROAD CLOSINGS

1.33 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.34 INSURANCE REQUIRED

1.35 SECURITY REQUIREMENTS

1.35.1 Contractor's Employee Identification

1.36 CONTRACTOR PERSONNEL

1.37 CONTRACTOR QUALITY CONTROL (CQC)

1.38 NONDOMESTIC CONSTRUCTION MATERIALS

1.39 DAILY WORK SCHEDULES AND WEEKLY COORDINATION MEETINGS

1.40 AS-BUILT DRAWINGS

1.41 SIGN

1.42 EQUIPMENT ROOM DRAWINGS

1.43 CONTRACTOR FURNISHED EQUIPMENT DATA

1.44 ASBESTOS AND LEAD

1.45 PARTNERING

1.46 PROFIT

1.47 LABOR CONDITIONS APPLICABLE TO TEMPORARY FACILITIES

1.48 DRAWING SCALES

1.49 WAGE RATE APPLICATION

1.50 FEDERAL HOLIDAYS

1.51 BASE HOURS

1.52 USACE BIM PROJECT EXECUTION PLAN (USACE PxP) TEMPLATE

PART 2 NOT USED

PART 3 NOT USED

ATTACHMENTS:

Project Sign Details

General Wage Decision No. ND180039

-- End of Section Table of Contents --

SECTION 01 30 00.24 Page 2

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

10/17

PART 1 GENERAL

Attachments:

Project Sign Details General Wage Decision No. ND180039

1.1 (UAI 5152.231-9000) EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(MAR 1995)

Note: Copies of each regional schedule may be obtained through the following Internet site:

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

Currently the "Construction Equipment Ownership and Operating Expense Schedule" can be accessed on page 11 of 14 of the afore indicated URL.

(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for settlement of proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series of equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region IV. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be developed using the formula provided in the schedule. For forward pricing, the Schedule in effect at the time of negotiations shall apply. For retrospective pricing, the Schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data as appropriate. The data

SECTION 01 30 00.24 Page 3 shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.2 (UAI 5152.232-9000) PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR 2009)

(a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to:

(1) materials required by the technical provisions; or

(2) materials that have been fabricated to the point where they are identifiable to an item of work required under this contract;

or.

(3) Items specifically listed below.

(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the time delivered off site. Payment for materials delivered off-site shall be limited to the following items:

(List specific material items to be considered for payment when off-site delivery is made.)

1.3 (UAI 5152.236-9000) DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE (AUG

1997)

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

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

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

(2) The provisions of the solicitation. (See also FAR 52.236-21, Specifications and Drawings for Construction)

(3) All other provisions of the accepted proposal.

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

(End of clause)

SECTION 01 30 00.24 Page 4

1.4 (UAI 5152.236-9001) PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS (MAY 2006)

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

(End of clause)

1.5 (UAI 5152.236-9002) GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS,

SURVEYS, AND SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)

This is to clarify DFARS 252.236-7001, Contract Drawings and Specifications, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

(End of clause)

1.6 (UAI 5152.236-9003) GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION (JUL 2003)

This is to clarify FAR 52.236-21, Specifications and Drawings for Construction, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.

(End of clause)

1.7 (UAI 5152.236-9004) RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY

2002)

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

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

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

SECTION 01 30 00.24 Page 5 law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

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

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

(End of clause)

1.8 (UAI 5152.236-9005) WARRANTY OF DESIGN (MAY 2002)

(a) The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of special contract requirement UAI 5152.236-9004, Responsibility of the Contractor for Design.

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

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

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

(Emd of Clause)

1.9 (UAI 5152.236-9006) DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed design, before proceeding with the revision. The Government reserves the right to disapprove such a revision.

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

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

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

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record

SECTION 01 30 00.24 Page 6 shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

(End of clause)

1.10 (UAI 5152.236-9007) CONTRACTOR'S ROLE DURING DESIGN PROCESS (JUN 1998)

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

(End of clause)

1.11 (UAI 5152.236-9008) VALUE ENGINEERING AFTER AWARD (JUN 1999)

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

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

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

(d) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

(End of clause)

SECTION 01 30 00.24 Page 7

1.12 (UAI 5152.236-9009) PARTNERING (FEB 2000)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the relevant personnel at the installation and/or facility at which work for each task order will be performed, the Contractor, primary subcontractors and designers and the Corps of Engineers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by each party. The partnering meetings shall be held in a location and at a date and time mutually agreed upon by representatives of each interested party at the pre-construction meeting.

(End of clause)

1.13 (UAI 5152.236-9010) GOVERNMENT RE-USE OF DESIGN (MAY 2006)

In conjunction with the Clause 252.227-7022, GOVERNMENT RIGHTS UNLIMITED, the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and as-built documentation under the instant contract.

Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

(End of clause)

1.14 (UAI 5152.222-9000) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE

FOR PROCESSING CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR

PAYROLLS (APRIL 2011)

(a) The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the Contractor elects to use an electronic payroll processing system, then the Contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the Contractor to comply with the Wage Rate Requirements statute. When the Contractor uses an electronic payroll system, the electronic payroll service shall be used by the Contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the Contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The

SECTION 01 30 00.24 Page 8 access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The Contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the FAR;

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rms.usace.army.mil) for export in an Excel spreadsheet to be imported into the Contractor's Quality Control System (QCS) version of Resident Management System (RMS);, that in turn shall export payroll data to the Government's Resident Management System (RMS);

(5) demonstrated security of data and data entry rights;

(6) ability to produce Contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the data/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Construction Wage Rate payroll processing system shall be provided to the Government during contract closeout.

(d) All Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service shall be included in the Contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of Clause)

1.15 (UAI 5115.504) AWARD TO SUCCESSFUL OFFEROR

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

SECTION 01 30 00.24 Page 9

1.16 (UAI 5122.1302-100) VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS

OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

U.S. Department of Labor Veterans employment: https://www.vets.gov/

Federal Veteran employment information at https://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warrior Program-http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation-Hiring Our Heros https://www.uschamberfoundation.org/hiring-our-heroes

Guide to Hiring Veterans - Reference Material https://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_

1.17 UAI 5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

Actual costs will be used to determine equipment cost for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable and unallocable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205 11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

SECTION 01 30 00.24 Page 10

(End of clause)

1.18 COMPLETION OF WORK

See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT

REQUIREMENTS), FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984).

1.18.1 Sequence of Design-Construction

(a) After receipt of the Contract Notice to Proceed (NTP), the Contractor shall initiate design, comply with all design submission requirements as covered in Division 01 General Requirements of the advertised Solicitation, and obtain Government review of each submission. No construction may be started until the Government reviews the 100 Percent Corrected Design submission and determines it satisfactory for purposes of beginning construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(b) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed 100 Percent Corrected Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government. Proceeding with limited construction requires written authorization by the Contracting Officer.

1.19 CONTRACTOR PERFORMANCE EVALUATIONS

Federal Acquisition Regulation (FAR) Subpart 36.201(Evaluation of Contractor Performance) requires evaluation of the construction contractor's performance throughout the contract period of performance. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering and Construction Bulletin 2014-13 to fulfill this FAR requirement. For construction contracts valued at or above $700,000.00, including all modifications, the USACE will evaluate Contractor's performance using the web-based Contractors Performance Assessment Reporting System (CPARS). After the USACE drafts an evaluation (interim or final), the Contractor will have the opportunity to access, review, comment and either concur or non-concur with the evaluation in the CPARS system for a period of 60 days. Access to the CPARS system requires either specific software called PKI certification (recommended method) or a username and password. The PKI certification is a Department of Defense recommendation and to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and may be purchased from an External Certificate Authorities (ECA) vendor.

Current information about the PKI certification process and contacting vendors can be found on the web site: https://www.cpars.gov.

1.20 LIQUIDATED DAMAGES-CONSTRUCTION

See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT

REQUIREMENTS), FAR 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000).

1.21 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1. AT Level I Training

SECTION 01 30 00.24 Page 11

All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

2. Access and General Protection/Security Policy and Procedures

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

2b. for Contractors Who Do Not Require CAC, But Require Access To A Dod Facility Or Installation

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. Not Used

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something)

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

SECTION 01 30 00.24 Page 12

5. Contractor Employees Who Require Access to Government Information Systems.

Not Applicable

6. OPSEC Standing Operating Procedure/Plan

Not Applicable

7. OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

8. Information Assurance (IA)/Information Technology (IT) Training

Not Applicable

9. Information Assurance (IA)/Information Technology (IT) Certification

Not Applicable

10. Not Used

11. Not Used

12. Handling or Access to Classified Information.

Not Applicable

13. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas

If applicable, all contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

14. Contractor Company to Obtain a Facility Clearance and Individual Clearances at the Appropriate Level

The Prime Contractor Company must have (or will have) a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance.

Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.

SECTION 01 30 00.24 Page 13

15. Pre-Screen Candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

16. Required Armed Security Guards

Not Applicable

17. Threat Awareness Reporting Program (TARP) Training

All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12 . The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized webbased TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

1.22 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

In case the Contracting Officer determines that seeding, sodding, and/or planting and/or the specified maintenance thereof is not feasible during the construction period, such work will be exempt from the completion time and liquidated damages. This work shall be accomplished during the first seeding, sodding, and/or planting period and the specified maintenance period following the completion date.

1.23 DESIGN-BUILD CONTRACT - ORDER OF PRECEDENCE

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror's accepted…