W9128F20R0062-Draft RFP-400M_Airfield Paving Construction MATOC.pdf

ERICKA T COLLINS 402-995-2116

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

16-Sep-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

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

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

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128F20R0062 138

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

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

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

LABOR RATE AND OH RATE TABLES

Section 00 10 00

CONTRACT RATE PRICING

SCHEDULE

TABLE 1: Binding Labor Rates

Labor Discipline

U nb ur de ne d

La bo r Ra te

(B as e Pe rio d)

B ur de ne d La bo r e

Pe rio d 1) de ne d La bo r e

Pe rio

2) de ne d La bo r e

Pe rio

3) de ne d La bo r e

Pe rio d

4) de ne d La bo r

(O pt io n Pe rio d

5) de ne d La bo r io n Pe rio d

6) de ne d La bo r io n Pe rio d

7) de ne d La bo r

R at e (6

-M on th E xt en sio n)

Program Manager/ Construction Operations Manager (Home Office)

Corporate Quality Control Manager (Home Office)

Corporate Safety and Health Manager (Home

Project Manager (Home

Engineer (Home Office)

Engineer (Field Office)

Site Superintendent (Field Office)

Quality Control Specialist/CQC System Manager (Field Office)

Site Safety and Health Officer (Field Office)

1. Firm Fixed Pricing Task Orders

1.1 Binding Capped Hourly Labor Rates

The binding capped labor rates for this contract shall be provided by the Offeror in Table 1. The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table 1, “Binding Labor Rates.” The fully burdened labor rates provided in Table 1 will also be used for negotiation of task order modifications.

1.1.1 The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of profit.

1.1.2 Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

1.1.3 The Offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column. For example, “CADD Operator (SUB)”.

The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

1.1.4 The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

1.1.5 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

1.1.6 If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

1.1.7 The applicable capped labor rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 will apply.

1.1.8 The Offeror has the responsibility to provide labor rates that comply with Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the Request for Task Order Proposal (RTOP).

1.1.9 Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted.

1.2 Firm-Fixed Price Escalation and Maximum Profit

1.2.1 The escalation rate applied to years 2 through 7 shall be provided by the Offeror in Table 2:

Table 2: Escalation Rate

Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table 3, “Maximum Profit.” The maximum profit shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

1.2.2 The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

1.2.3 The maximum profit on this contract shall be provided by the Offeror in Table 3:

Table 3: Maximum Profit

2. Binding Capped Rates for Firm Fixed and Cost Reimbursable Task Orders

The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable contracts and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

2.1 The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the duration of the contract. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Binding Capped Rates for OH, G&A and other indirect rates. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order.

2.2 The Binding Capped Rates for this contract shall be provided by the Offeror in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications, unless adjusted in accordance with paragraph 3.1.

3. Department of Labor Wage Rates The appropriate Department of Labor Wage Determination/Decision will be provided for individual Task Orders issued against the contract.

4. Travel The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

Table 5: Binding Capped Rates

Overhead Rate

G&A Rate

If Applicable: Other Indirect Applied Rates (Specifically identify rate and reason for rate below) http://www.defensetravel.dod.mil/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 400,000,000 Job Base Period - AFP UNR MATOC (4 Years)

FFP

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job OPTION Option Period - AFP UNR MATOC (3 Years)

FFP

FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

http://www.sam.gov/ http://www.sam.gov/

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision) https://www.sam.gov/

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

1. GENERAL CONTRACTOR

This contract is a Multiple Award Task Order Contract (MATOC) Request for Proposal (RFP). This solicitation is unrestricted and open to both large and small business participation.

2. MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) LIMITS

See Section 00 22 10 and other sections of the Solicitaiton for information on the contract limits.

3. ESTIMATED CONSTRUCTION COST

The estimated construction cost of projects associated with individual task orders will be shared in this space as appropriate.

4. 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.

5. SUBMISSION DEADLINE

Offers shall be submitted at the location stated and by the time and date as specified in Section 00 10 00, Page 1.

{Submit proposals via the Procurement Integrated Enterprise Environment (PIEE) Site: https://wawf.eb.mil/piee-landing/

Ericka.t.collins@usace.army.mil Doug.e.hadley@usace.army.mil

Send a pdf copy of your proposal to the e-mail addresses above as a secondary means of receipt.] Due to heightened security at Government installations, those offerors who have their proposals hand-carried* shall contact [Ericka Collins], Contract Specialist at (402) 995-2116/995-2068 prior to delivering to the U.S. Army Corps of Engineer District, Omaha, 1616 Capitol Ave, Omaha, NE 68102-4901.

On the date specified and for thirty (30) minutes prior to the specified time, a Contracting representative will be in the lobby to receive proposals. Containers (i.e. envelopes, packages, boxes) will be screened for security purposes. Hand-carried means the individual must be able to carry on their person. If due to size or volume, packages or boxes need to be wheeled in on a cart or dolly, you will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, you will be allowed in the building after presenting valid photo identification. At the time specified in Section 00 10 00, Page 1, local time, it will be announced that receipt of proposals is closed.

Official time will be established by time/stamp clock designated by the Contract Specialist.

https://wawf.eb.mil/piee-landing/

*This instruction shall also apply to those proposals delivered through a delivery or parcel service.

NOTE: No parking on the street in front of the facility entrances will be allowed. Passenger vehicles will need to locate parking meters or parking garages before delivering proposals. Delivery trucks must go to the dock. The vehicle will be inspected and packages screened at the dock.

After inspection and screening, the delivery person will be allowed into the building.

6. 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.

7. CADD AND ELECTRONIC DESIGN FILES (FOR TASK ORDERS ONLY)

If provided, the CADD survey files and other electronic design files are provided on an as-is basis. Any Government provided survey, and the other electronic design files are provided to assist the Contractor in preparing their proposal using their own commercially purchased software. The Contractor shall take all professionally prudent and reasonable actions to verify the accuracy of the data provided and shall assume all liability from the use of these files. The Contractor shall be responsible for obtaining any other software necessary to view the files provided. No other CADD design files will be provided for proposal preparation other than those provided at the time of RFP issuance. No assistance with the files will be provided.

8. COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. It shall be the Contractor's responsibility to check email or other correspondence from the Contracting Specialist for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

9. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via Bidder Inquiry as indicated below. See instructions on when e-mail or mailing is appropriate. Mailing address is shown on the Standard Form SF 1442, Item 8, unless directed otherwise.

Questions and/or comments relative to these bidding (proposal) documents that is proprietary in nature or if Bidder Inquiry system (See Below) is out of service should be submitted to the Contract Specialist:

Contract Specialist - Primary POC:

Ericka Collins ericka.t.collins@usace.army.mil 402-995-2116 (Telephone) 402-995-2081 (Fax)

10. BIDDER INQUIRY

** Please note that the Government does not intend to provide responses to PROJNET questions for this Draft Solicitaiton. However, the Government will review the questions and will make changes to the actual Solicitaiton posted for this requirement, if appropriate.**

Technical inquiries and questions relating to technical requirements, proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than ten (10) calendar days before due date of proposals, in order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: [W9128F-20-R-0062]

The Bidder Inquiry Key is: G9ZNJ8-65IJ38

10.1. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

Identify the Agency. This should be marked as USACE.

Key. Enter the Bidder Inquiry Key listed above.

Email. Enter the email address you would like to use for communication.

Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

http://www.projnet.org/projnet/

Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

10.2. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

For future access to ProjNet, you will not be emailed any type of password.

You will utilize your Secret Question and Secret Answer to log in.

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

Identify the Agency. This should be marked as USACE.

Key. Enter the Bidder Inquiry Key listed above.

Email. Enter the email address you used to register previously in ProjNet.

Click Continue. A page will then open asking you to enter the answer to your Secret Question.

Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

Follow online screen instructions to enter specific bidder inquiries for the project.

The Bidder Inquiry System will be unavailable for new inquires after ten

(10) calendar days in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

10.3. 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, betaSAM has these features available ( https://www.beta.sam.gov/). For this solicitation, go to https://www.beta.sam.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.

https://www.beta.sam.gov/ https://www.beta.sam.gov/

10.4. GENERAL DESCRIPTION OF WORK

The general template below will be edited to reflect details for individual task orders:

Scope of project includes all work required to [design and ]construct a located at . Work shall be in accordance with Request for Proposal documents issued with this task order.

11. FEDERAL, STATE AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE

AND LOCAL TAXES.

12. COLORADO SALES AND USE TAX

Specific exemption from the Colorado Sales and Use Taxes will be granted by the Colorado Tax authorities with respect to all materials used by a prime Contractor or subcontractor and which are built into structures furnished under contract to a Government agency. The Colorado Sales and Use Taxes shall be excluded from the proposal prices. Exemption certificates are available to both Contractors and subcontractors provided personal application is made therefore to the Colorado Department of Revenue (www.taxcolorado.com). The Contractor or subcontractor will be required to submit required information (i.e. the date of the contract, the amount of the contract, and the proposed date for completion of the contract).

Telephone: (303) 238-7378 (General Information).

13. CITY TAXES

For the U.S. Air Force Academy and Peterson AFB, the Municipality of Colorado Springs also has a sales and use tax. The Municipal tax authorities should be contacted by the bidder to determine applicability of the tax to this project.

14. IOWA SALES AND USE TAX

The Contractor shall be responsible for payment of Iowa Sales and Use taxes with respect to all materials used under this contract. Section 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS, provision "IOWA SALES AND USE TAX," requires the Contractor to furnish to the Contracting Officer the statement required by Section 422.45 (7a), Iowa Code annotated, and to include in subcontracts and purchase orders a clause insuring submission of the statement by first tier subcontractors and suppliers and their subcontractors and suppliers. Telephone: (515)281-3114 (Department of Revenue).

In the event goods, wares or merchandise on which the Contractor has paid Iowa sales or use tax become an integral part of the project, the Contractor shall obtain appropriate forms from the Iowa State Tax Commission for recording the amount of purchases of such goods, wares, or merchandise, and shall complete, execute, and deliver them to the Contracting Officer prior to final settlement of the contract. The Contractor shall provide and report all data and information which may be necessary or required to enable the Contracting Officer to obtain all refunds from the Iowa Tax Commission to which the Federal Government may be entitled.

The Contractor shall insert a clause containing the substance of the foregoing paragraph a. in every first tier subcontractor or vendor to include such a clause in any subcontract or purchase order which he places.

The Contractor shall obtain completed forms from his subcontractor and suppliers for submission to the Contracting Officer before final settlement of the contract.

15. TAXES - STATE OF SOUTH DAKOTA

15.1. EXCISE TAX

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

15.2. 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 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government Furnished Property."

15.3. INFORMATION

The "excise" and "use" taxes shall be included in the price or prices bid. For information concerning the taxes contact: http://dor.sd.gov/

16. NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt and the tax must be included in the amount bid. Telephone: (402) 595-2065 (Department of Revenue-Omaha).

17. WYOMING SALES AND USE TAXES, LOCAL LABOR, AND INCREMENTAL

BONDING REQUIREMENT

17.1. WYOMING SALES AND USE TAXES

The Contractor and subcontractors (as defined by Section 39 6 601 of Wyoming Law) will obtain Wyoming sales and use tax license specific for each county in which work will be performed. Except as otherwise provided by applicable state law, all purchases of materials shall be reported on a Wyoming license, and taxes shall be remitted under the applicable county license in which the work was performed. Each Contractor and subcontractor will report their sales and use tax payments by license number to the Department of Revenue and Taxation. They will also provide written permission authorizing the Wyoming Department of Revenue and Taxation to release gross county tax payment information on the contract to the Peacekeeper Working Group which is comprised of various state and Federal representatives. Telephone: (307) 777-7011 (General Information).

17.2. LOCAL LABOR

http://dor.sd.gov/

The Contractor and the subcontractor will recruit workers to the maximum extent possible from the local pool in preference to recruiting outside the local area of the work site.

17.3. INCREMENTAL BONDING REQUIREMENT

(W.S. 27 3 516). The State of Wyoming has interpreted W.S. 27 3 516, Incremental Bonding Requirements, to be applicable to some contractors performing work on projects comprising the Peacekeeper Program. The law provides for an unemployment tax surcharge in addition to a contractor's regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to the Wyoming Employment Security Commission, P.O. Box 2760, Casper, Wyoming, (303) 235 3222.

18. TAXES - NORTH DAKOTA

18.1. UNEMPLOYMENT TAX SURCHARGE

(The North Dakota Unemployment Tax Surcharge clause only applies to contracts exceeding $25,000,000 or to other contracts with an estimated value of less than $25,000,000 but which are a part of a program estimated to cost in excess of $25,000,000.)The State of North Dakota has enacted legislation applicable to certain some contractors concerning an unemployment tax surcharge. See the North Dakota Century Code, Section 52-04-06.1, Incremental Bond for Impact Projects. The law provides for an unemployment tax surcharge in addition to regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to Job Service of North Dakota, Post Office Box 1537, Bismarck, North Dakota 58502. Telephone: (701) 224-3470 (Department of Revenue).

18.2. USE TAX

Bidders are advised of the possible applicability of North Dakota Use Tax. Government furnished Construction material used by the Contractor may be subject to Use Tax. The value of material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government-Furnished Property." Specific inquiries as to the applicability of North Dakota Use Tax should be referred to the North

Dakota State Tax Commission.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation Of Options JUL 1990

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

MAR 2015

52.232-18 Availability Of Funds APR 1984 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

(3) Submission, modification, or revision, 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 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 line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a $400M Firm Fixed Price (FFP)…