09R0015-Specs-VOL1.PDF

RFP W912BU-09-R-0015

US Army Corps of Engineers

Philadelphia District

Design-Build Armed Forces Medical Examiner System Facility

Dover Air Force Base, Delaware

Volume 1 of 2

Design Criteria and Specifications

3 June 2009

This page was intentionally left blank for duplex printing.

3 June 2009

RFP NO. W912BU-09-R-0015

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

REQUEST FOR PROPOSALS

FOR

DESIGN-BUILD

ARMED FORCES MEDICAL EXAMINER FACILITY

DOVER AIR FORCE BASE,

DELAWARE

I. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS

SOLICITATION.

II. OFFERORS ARE REQUIRED TO COMPLETE THE REPRESENTATIONS AND

CERTIFICATIONS PORTION OF SECTION 00600 OF THIS SOLICITATION AND

SUBMIT THIS WITH THEIR OFFEROR.

III. PROSPECTIVE BIDDERS ARE INVITED TO VISIT THE SITE OF THE WORK

TO ACQUAINT THEMSELVES WITH THE SITE CONDITIONS AND ANY PROBLEMS

INCIDENT TO THE PROSECUTION OF THE WORK. A SITE VISIT WILL BE HELD

ON 23 JUNE, 2009. THE SITE VISIT WILL BEGIN AT 9:00 AM FROM THE

BLUE HEN MALL/CORPORATE CENTER, 655 BAY ROAD, DOVER AFB. VISITORS

WILL BOARD MILITARY TRANSPORTATION TO BE ESCORTED TO THE PROJECT

SITE. TRANSPORTATION WILL DEPART PROMPTLY AT 9:30 AM. ALL THOSE

PLANNING TO ATTEND SHOULD CONTACT MR. STEVEN McNAMARA, NO LATER THAN 19 JUNE, 2009, VIA EMAIL AT STEVEN.J.McNAMARA@USACE.ARMY.MIL TO BE

PLACED ON THE DOVER AFB VISITORS LIST. INFORMATION REQUIRED: NAME,

COMPANY NAME, AND PHONE NUMBER.

DIRECTIONS TO THE BLUE HEN MALL/CORPORATE CENTER ARE AS FOLLOWS:

FROM THE NORTH: TAKE ROUTE 1 SOUTH; TAKE ROUTE 113 NORTH

EXIT(DOVER AIR FORCE BASE (DAFB) EXIT); TURN RIGHT ONTO ROUTE

113 NORTH; THE BLUE HEN MALL/CORPORATE CENTER IS 0.5 MILES AHEAD

ON THE RIGHT.

RFI – Page 1

Requests for Information (RFI) Procedure

The Philadelphia District requests that all offerors follow the instructions below when submitting Requests for Information (RFI’s).

Requests for information will be answered by an Amendment so all offerors are given the same information. Individual replies will not be issued.

RFI responses that affect the specifications will be issued as an Amendment to the specifications. If an RFI response conflicts with the Contract plans or specs, the Contract plans and/or specs will govern.

RFI responses may indicate that a resolution to an issue may be found in a Specific Amendment;

however Offerors should always check all amendments to the plans and specs and prepare their bid/offer accordingly. RFI responses that become invalid or inaccurate as the result of changes to the plans or specs issued by subsequent Amendments will not be revised.

Please do not submit an RFI more than once. Do not add subsequent questions to the list and resubmit your entire set of questions.

The following is the preferred format for submitting RFI’s. Questions submitted in this standard format will enable the Government to generate responses in a timelier manner.

Requests for information shall be submitted using a spreadsheet style method as shown below. A file with this format may also be downloaded from www.fbo.gov along with the plans and specs files for this project. Please attach the spreadsheet file as an attachment to an email message to Ms. Michelle Johnson at Michelle.L.Johnson@usace.army.mil.

The spreadsheet shall contain the following columns: 1) RFI Number, 2) Reference to applicable Spec Section or Drawing Sheet Number, 3) applicable discipline involved (Mechanical, Electrical, Civil, etc…), and 4) a Clear and concise statement of the problem or clarification requested.

Example:

Spec Sect/ RFI # Discipline Drawing Description 1 Mechanical 15 22 00 Para. 2.5.1 specifies 4-inch pipe, however Dwg P2.01 shows piping is 8-inch in size.

2 Architectural A5.1.2 Unable to locate the specifications for the Grab Bars shown in the Toilet rooms.

CAUTION TO BIDDERS

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

[ ] Is the name in which you submitted the bid the same on your bid as on the bid bond?

[ ] Is your bid bond signed and sealed by you and your surety and is it in the proper amount?

[ ] Have you completed the "Representations and Certifications" {Section 000600} portion of the Solicitation? Is your CAGE Code listed on the Standard Form 1442?

[ ] Is your Central Contractor Registration up to date and complete. Go to www.ccr.gov for further information.

[ ] Is your VETS100 reporting up to date? Go to http://vets.dol.gov/vets100 for further information.

[ ] Is your bid properly signed by an officer of your company?

[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?

[ ] If required, have you entered a unit price for each bid item? {The solicitation will specifically state when this is necessary.}

[ ] The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Have you restricted your bid by altering the provisions of the solicitation?

[ ] If you are a large business and your bid is greater than $500,000 for service or $1,000,000.00 for construction have you included your Sub-Contracting Plan in your bid package?

[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time and address?

[ ] Will your bid arrive on time? See paragraph entitled "Late Submissions, Modifications, and Withdrawals of Bids" in the Instructions to Bidders {Section 000100} of the solicitation.

August 9, 2006 http://www.ccr.gov/ http://vets.dol.gov/vets100

MTC-1

Request for Proposals

W912BU-09-R-0015

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE

00010 SF 1442 AND BIDDING SCHEDULE

00100 INSTRUCTIONS, CONDITIONS, AND

NOTICE TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

AND OTHER STATEMENTS OF BIDDERS

00605 SMALL BUSINESS SUBCONTRACTING PLAN

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

SPECIFICATIONS

MTC-1

THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK

TABLE OF CONTENTS

SECTION 00010

TITLE PAGE NOS.

SOLICITATION, OFFER & AWARD (SF 1442) 00010-1 to 00010-2

BID SCHEDULE 00010-3

TC00010-i

THIS PAGE HAS BEEN LEFT INTENTIONALY BLANK

W25PHS

PROJECT TITLE: DESIGN--BUILD ARMED FORCES MEDICAL EXAMINER SYSTEM FACILITY, DOVER AIR FORCE BASE, DOVER, DE

IFB NUMBER: W912BU-09-R-0015

ISSUE DATE: 3 June 2009

PROPOSAL DUE DATE: 21 July 2009, 2:00 PM

THIS PROCUREMENT IS UNRESTRICTED

NAICS 236220, $33.5 M

A SITE VISIT WILL BE HELD ON 23 JUNE, 2009. THE SITE VISIT WILL BEGIN AT 9:00 AM FROM THE BLUE HEN MALL/CORPORATE CENTER, 655 BAY ROAD, DOVER AFB. VISITORS WILL BOARD MILITARY TRANSPORTATION TO BE ESCORTED TO THE PROJECT SITE. TRANSPORTATION WILL DEPART PROMPTLY AT 9:30 AM. ALL THOSE PLANNING TO ATTEND SHOULD CONTACT MR. STEVEN McNAMARA, NO LATER THAN 19 JUNE, 2009, VIA EMAIL AT STEVEN.J.McNAMARA@USACE.ARMY.MIL TO BE PLACED ON THE DOVER AFB

VISITORS LIST.

MICHELLE L JOHNSON 215-656-6774

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

3-June-2009

(RFP)

(IFB)

CALL:

B. TELEPHONE NO.

215-656-6774TEL:

(Include area code) (NO COLLECT CALLS)

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101

00010-1

STANDARD FORM 1442 (REV. 4-85)

11. The Contractor shall begin performance within _10_ calendar days and complete it within _540 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _ 00800 SECTION____

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.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 5_____ copies to perform the work required are due at the place specified in Item 8 by __2:00 PM___ local time 21 Jul 2009__(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 X 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 90 calendar days for Government acceptance after the date offers are due will not be considered and will 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.

8. ADDRESS OFFER TO7. ISSUED BY CODE

W912BU-09-R-0015

TEL: FAX:

5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

1 OF

CODE E5CTCMLJ

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour) Sealed envelopes containing offers

215-656-6780FAX:

(If Other Than Item 7)

6. PROJECT NO.

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC:MICHELLE L. JOHNSON

WANAMAKER BLDG

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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

X

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

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212 00010-2

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 isaccepted by the Government in writing within ________ 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 (Include area code)15. TELEPHONE NO.

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

00010-3

DESIGN BUILD

ARMED FORCES MEDICAL EXAMINER

SYSTEM (AFMES) FACILITY

Dover Air Force Base

Dover, Delaware

1. Armed Forces Medical Examiner System (AFMES) Facility – Design and Construction 1 Job LS $___________

2. Demolition of Consolidated Skills Center 1 Job LS $___________

3. Demolition of Car Wash 1 Job LS $___________

4. City of Dover Electric Department for Purchase of Pedestal 1 Job LS $_16,560.00_

TOTAL ESTIMATED AMOUNT: $___________

NOTES:

1. Bidders must bid on all items.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-20 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data

OCT 1997

52.216-1 Type Of Contract APR 1984 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

JAN 2005

52.228-1 Bid Guarantee SEP 1996 52.232-35 Designation of Office for Government Receipt of Electronic

Funds Transfer Information

MAY 1999

52.233-2 Service Of Protest SEP 2006 52.236-28 Preparation of Proposals--Construction OCT 1997

W912BU-09-R-0015 INDEX-1

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Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

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

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

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(End of provision)

W912BU-09-R-0015 00100-1

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing 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);

W912BU-09-R-0015 00100-2

(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

W912BU-09-R-0015 00100-3

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

W912BU-09-R-0015 00100-4

Government.

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

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

COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting 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--

W912BU-09-R-0015 00100-5

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

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

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 Firm, Fixed-Price contract resulting from this solicitation.

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

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(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

14.5% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

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(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Dover Air Force Base, Dover, Delaware Kent County

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (JAN 2005)

(a) Definitions. ``Construction material,'' ``designated country construction material,'' ``domestic construction material,'' and ``foreign construction material,'' as used in this provision, are defined in the clause of this solicitation entitled ``Buy American Act--Construction Materials Under Trade Agreements'' (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (MAY 1999)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

USACE Finance Center 5722 Integrity Drive Millington, Tennessee 38054 Phone (901) 874-8650

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Linda M. Toth, Contracting Officer U.S. Army Engineer District, Philadelphia 100 Penn Square East, Wanamaker Building, Room 643 Philadelphia, Pennsylvania 19107-3390

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

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

Section 00120 Page 1

SECTION 00120

PROPOSAL SUBMSSION REQUIREMENTS EVALUATION CRITERIA

AND BASIS OF AWARD

ONE STEP – BEST VALUE, DESIGN BUILD

1.0 OVERVIEW

The Government will evaluate proposals in accordance with the evaluation criteria and the evaluation rating system described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, also as described herein. The evaluation will be conducted in accordance with FAR Part 15.

2.0 BASIS OF AWARD

2.1. The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whose proposal the Source Selection Authority determines conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering the non-price factors described herein, and price. All evaluation factors, other than price, when combined, are considered significantly more important than the price. However, Offerors are reminded that the Contract award shall not exceed the cost limitation described in Section 00700 CONTRACT CLAUSES for this project. The intent of this solicitation is to obtain the best proposal within the cost limitation. There is no obligation to approach or match the cost limitation in the offer. After the Government individually evaluates and rates each proposal, the Contracting Officer/Source Selection Authority will compare proposals to determine which proposal represents the best value. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001.

If there is a lower priced, conforming offer(s), the Contracting Officer/Source Selection Official must determine that the added value of a more expensive proposal (within the cost limitation) would justify award to that Offeror.

2.2. As part of the evaluation, the Government will evaluate

betterments in proposals relative to the minimum standards in the RFP to determine if they offer additional value to the Government. In addition, innovations in proposals will be evaluated to determine if creative ideas of the Offeror are a better value to the Government compared to the minimum criteria.

3.0 GENERAL INSTRUCTIONS

3.1 Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

Section 00120 Page 2

3.2. Firms formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of firms or any other interested parties may submit proposals. Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal, provided that the Offeror or Offeror's subcontractor has or will have professional architects and engineers, registered in the appropriate technical disciplines and provided that the requirements specified in Contract clause, "Requirements for Registration of Designers", are met.

All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

3.3. Submit proposals in tabbed, three-ring binders.

3.4 Page Limits: The following page limits shall apply, which do not include title sheets, indices, tables of content, schedules, or cover sheets: 75 pages maximum excluding past performance information/ evaluation questionnaires or substitute correspondence from references.

This page limit includes pages with illustrations/photos/sketches. Any evaluation documentation beyond 75 pages will not be read or considered during the evaluation process. A page printed on both sides will be counted as two pages. Pages containing text shall be submitted on 8-1/2 x 11 inch paper. Each page shall be minimally single spaced with a minimum of a 12-point font and one inch margins all around.

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

4.1 VOLUME 1 – TECHNICAL

Factor/Sub Factor

Location Description Relative Importance

FACTOR 1 TECHNICAL Most Important Factor

Subfactor 1 Vol. 1 TAB A Quality of Building Systems and Materials

Most Important Subfactor

Subfactor 2 Vol. 1 TAB B Sustainability Requirements

Slightly less important than Subfactor 1.

4.2 VOLUME 2 – PERFORMANCE RISK

Factor

Location Description Relative Importance

FACTOR 2 Vol. 2 PERFORMANCE RISK Slightly less important than Factor 1.

Subfactor 1 Vol. 2 TAB Specialized Most Important Subfactor.

Section 00120 Page 3

A Experience

Subfactor 2 Vol. 2 TAB B

Design-Build Team Slightly less important than Subfactor 1.

Subfactor 3 Vol. 2 TAB C

Proposed Contract Duration and Summary Schedule

Slightly less important than Subfactor 2. Equal to Subfactors 4 and 5.

Subfactor 4 Vol. 2 TAB D

Organization/Technica l Approach

Slightly less important than Subfactor 2. Equal to Subfactors 3 and 5.

Subfactor 5 Vol. 2 TAB E

Key Personnel Capabilities and Experience

Slightly less important than Subfactor 2. Equal to Subfactors 3 and 4.

4.3 VOLUME 3 – PAST PERFORMANCE

Factor

Location Description Relative Importance

FACTOR 3 Vol. 3 PAST PERFORMANCE Slightly less important than Factor 2.

4.4 VOLUME 4 – PRICE AND PRO FORMA INFORMATION

Factor

Location Description Relative Importance

FACTOR 4

Vol. 4 TAB A

Price (Standard Form 1442 and Proposal Bid Schedules) than Factor 3.

N/A

Vol. 4 TAB B

Evidence of Bondability

Not Rated

N/A

Vol. 4 TAB C

Required Pre-Award Information

Not Rated

N/A Vol. 4 TAB D Subcontracting Plan GO/NO-GO

4.5 VOLUME 5 – SMALL BUSINESS UTILIZATION

Factor

Location Description Relative Importance

FACTOR 5 Vol 5 SMALL BUSINESS

UTILIZATION

than Factor 4.

5.0 VOLUME 1 – FACTOR 1 – TECHNICAL

5.1. GENERAL: The Technical Factor consists of technical approach narratives and information regarding material and system quality. It

Section 00120 Page 4 must clearly define the proposed scope and quality levels that the design-build team is offering to the Government in enough detail for the Government and the Offeror to mutually understand whether or not the proposal meets or exceeds the minimum Solicitation requirements. Fully developed drawings, details, or specifications are not desired or required. The Offeror shall identify what it considers to be Betterments in its proposal for Subfactor 1 (See Section 00800, Special Clauses “Proposed Betterments“).

5.2. VOLUME 1 - TAB A – SUBFACTOR 1 - QUALITY OF BUILDING SYSTEMS AND

MATERIALS

5.2.1 Submission Requirements:

5.2.1.1. Presentation Drawings

(a) There are no specific drawings requirements for this Subfactor.

However, the Offeror has the option of providing concept level drawing information for specific materials and/or systems which the Offeror feels are necessary to describe the proposed systems or materials.

5.2.1.2. Technical Approach Narratives:

Provide technical approach narratives, both qualitative and quantitative, defining the elements of the proposal. It is acceptable to include all the sub-items shown below into a single combined narrative for the entire facility. It is the responsibility of the proposer to ensure that all aspects identified in the evaluation criteria below are addressed. Whether individual narratives or a single combined narrative is provided, the maximum total length for narratives shall be ten (10) typewritten pages.

(a) Architectural Finishes: Describe how the materials selected provide for a suitable environment for the expected population of the facility. Discuss how these selections provide value to the Government and how they address the minimum requirements of the solicitation.

Narrative should focus on aesthetics, durability and maintenance of the finishes proposed.

(b)…