10-R-0012-Spec.pdf

RFP W912BU-10-R-0012

US Army Corps of Engineers

Philadelphia District

Job Order Contract (JOC)

Joint Base M-D-L Wrightstown, New Jersey

Construction Solicitation and Specifications

24 February 2010

THIS PAGE IS INTENTIONALLY LEFT BLANK

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.

[ ] Have you completed the "Representations and Certifications" {Section 00600} portion of the Solicitation? Is your Contractor Establishment Code listed on the Standard Form 1442?

[ ] 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?

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

[ ] 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 $550,000 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?

[ ] Will your bid arrive on time? See paragraph entitled "Late Submissions, Modifications, and Withdrawals of Bids" in the Instructions to Bidders {Section 00100} of the solicitation.

March 14, 2007

MTC-i

Request for Proposal

W912BU-10-R-0012

MAIN TABLE OF CONTENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

SECTION TITLE

00010 SF 1442 AND BID SCHEDULE

00100 INSTRUCTIONS, CONDITIONS, AND

NOTICE TO BIDDERS

00110 PROPOSAL SUBMISSION REQUIREMENTS

AND PROPOSAL EVALUATION PROCESS

(Attachments A – D)

00600 REPRESENTATIONS AND CERTIFICATIONS

AND OTHER STATEMENTS OF BIDDERS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT CLAUSES

MTC-i

THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK

TC00010-i

Request for Proposal

W912BU-10-R-0012

TABLE OF CONTENTS

SECTION 00010

TITLE

SOLICITATION, OFFER & AWARD (SF 1442)

BID SCHEDULE

TC00010-i

THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK

Request for Proposal Number: W912BU-10-R-0012

Project Title: Job Order Contact (JOC) for Joint Base M-D-L, Wrightstown, New Jersey

Issue Date: 24 February 2010 Proposal Due Date: 30 March 2010 at 2:00 PM EST

This procurement is advertised as an 8(a) Small Business Set-Aside

NAICS 236220

RYAN R ANNIBALI 215-656-6295

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

24-Feb-2010

(RFP)

(IFB)

X

CALL:

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

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

POC: RYAN R ANNIBALI

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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 within _______ * calendar days and complete it within ________* calendar days after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________Individual Task Orders

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 X 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 ___________ local time ______________ 30 Mar 2010 (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) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______ 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE

PHILADELPHIA PA 19107-3390

W912BU

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (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:

W912BU-10-R-0012 2

E5CTCRRA

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

RFP W912BU-10-R-0012

Section 00010 – BID SCHEDULE

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 9,000,000.00 Each $1.00 $9,000,000.00 (EST.)

BASE YEAR

FFP

JOB ORDER CONTRACT FOR MAINTENANCE, REPAIR, AND MINOR

CONSTRUCTION PROJECTS FOR THE JOINT BASE M-D-L WHICH

INCLUDES BURLINGTON AND OCEAN COUNTIES.

PURCHASE REQUEST NUMBER:

MAX NET AMT $9,000,000.00 (EST.)

Fort Dix (Ocean and Burlington Counties)

ITEM DESCRIPTION COEFFICIENT

0001AA Normal Working Hours _____________

0002AB Other than Normal Working Hours _____________

0003AC Overhead and Profit Rate for all Non-Prepriced Items _____________

W912BU-10-R-0012 INDEX-1

Section 00100 - Bidding Schedule/Instructions to Bidders

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 52.217-5 Evaluation Of Options JUL 1990 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

52.225-10 Notice of Buy American Act Requirement--Construction Materials

FEB 2009

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 252.215-7003 Excessive Pass-Through Charges--Identification of

Subcontract Effort

MAY 2008

W912BU-10-R-0012 00100-1

Section 00100 - Bidding Schedule/Instructions to Bidders

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)

CLAUSES INCORPORATED BY FULL TEXT

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.

W912BU-10-R-0012 00100-2

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);

(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;

W912BU-10-R-0012 00100-3

(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.

W912BU-10-R-0012 00100-4

(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 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

W912BU-10-R-0012 00100-5

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--

(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, W912BU-10-R-0012 00100-6 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 Pice contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

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.

W912BU-10-R-0012 00100-7

(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

17.3% 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.

W912BU-10-R-0012 00100-8

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

New Jersey, Burlington and Ocean Counties

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (FEB

2009)

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

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

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

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

(d) Alternate offers.

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

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

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

W912BU-10-R-0012 00100-9

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, TN 38054-5005

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Robert Sharamatew, Contracting Officer U.S. Army Corps of Engineers, Philadelphia District Wanamaker Building 100 Penn Square East, Rm 643 Philadlephia, PA 19107

(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--

W912BU-10-R-0012 00100-10

(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.

252.215-7003 EXCESSIVE PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT EFFORT

(MAY 2008)

(a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Excessive Pass-Through Charges'' (DFARS 252.215-7004).

(b) General. The offeror's proposal shall exclude excessive pass-through charges.

(c) Performance of work by the Contractor or a subcontractor.

(1) The offeror shall identify in its proposal the total cost of the work to be performed by the offeror, and the total cost of the work to be performed by each subcontractor, under the contract, task order, or delivery order.

(2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, the offeror shall identify in its proposal--

(i) The amount of the offeror's indirect costs and profit applicable to the work to be performed by the subcontractor(s); and

(ii) A description of the added value provided by the offeror as related to the work to be performed by the subcontractor(s).

(3) If any subcontractor proposed under the contract, task order, or delivery order intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract, the offeror shall identify in its proposal--

(i) The amount of the subcontractor's indirect costs and profit applicable to the work to be performed by the lower-tier subcontractor(s); and

(ii) A description of the added value provided by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).

W912BU-10-R-0012 00 110 00 - 1

REQUEST FOR PROPOSAL SUBMITTAL REQUIREMENTS

(INCLUDING EVALUATION FACTORS)

FACTORS FOR EVALUATION, EVALUATION CRITERIA, RATING SYSTEM,

RATING GUIDELINES, DEFINITIONS AND BASIS OF AWARD

A. OVERVIEW

This is a -Low Price Technically Acceptable” solicitation. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed-price contract to the responsible Offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

B. GENERAL INSTRUCTIONS

Proposals will be evaluated on their technical merits. Volume 1, the Technical Evaluation Factor Criteria is to be organized in the order shown below. Two separate volumes shall be submitted as Volume I - Technical Proposal and Volume II - Price Proposal. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

B1.1 Format Requirements

B.1.1 General. Submit your proposal in two volumes. The overall proposal shall be submitted in two (2) volumes. Volume 1 will contain the Technical Items Requested and Volume 2 shall contain the Price Proposal & Other Related Financial Information.

Each Volume shall be clearly marked as to its content, i.e., project title, technical or price proposal, solicitation number, name and address of the offeror, and the time specified for receipt. Information, within each volume, shall be organized sequentially under the specified tabs to facilitate evaluation. Offerors are not expected to exceed page limitations prescribed below.

a. Volume 1, submit one original and five copies. Volume 1 shall be limited to a maximum of 100 typed written pages excluding table of contents. The technical proposal shall be submitted in binder with a Table of Contents and tabbed section divider:

Introduction followed by each evaluation factor identified below. The pages of this volume shall be: in 8 ½” x 11" format; have one inch margins with three holes punched, and; be placed in a three-ring binder. Each page of this volume of the proposal, except for the table of contents, shall have a page number on the bottom of the page starting with the first page to the last. The proposed schedule may be of any size but should be folded and inserted within the appropriate tab of the binder. The Offeror is cautioned to refrain from quoting prices, or other pricing terms of any nature, in the technical portion of the proposal.

W912BU-10-R-0012 00 110 00 - 2

b. Volume 2, Submit one original and five copies. It shall contain the price proposal and other related information. Including:

(1) SECTION 00600. Completed Section 00600, Representations and Certifications of this Request for Proposal.

(2) The original of the SF 1442—Solicitation, Offer and Award, Proposal Schedule

(3) Preaward Survey

C. FACTORS FOR EVALUATION

Volume I - Technical Factors - (Factors 1, 2, 3, and 4)

Volume II – Price Proposal

Factor Location Description FACTOR 1 Vol. I TAB A Past Relevant Experience of Offeror’s Team FACTOR 2 Vol. I TAB B Past Performance of Offeror’s Team FACTOR 3 Vol. I TAB C Qualifications of the Offeror’s Team FACTOR 4 Vol. I TAB D Sample Task Order FACTOR 5 Vol. II Proposed Price Schedule

W912BU-10-R-0012 00 110 00 - 3

D. VOLUME 1 - PROPOSAL FACTOR SUBMISSION REQUIREMENTS

1) Factor 1: Past Experience of Offeror's Team

The Offeror will demonstrate past experience by providing recent and relevant Job Order Contracts Experience. Design-Build Experience and/or Design-Bid-Build Experience.

Job Order Contracts Experience: The contractor will show that they have performed work under a Job Order Contract by either being a prime contractor or a subcontractor or shows that their prime subcontractors have worked on a Job Order Contract in the last 7 years.

Design-Build Experience: Design Architect/Engineer and the Contractor, as a team shall demonstrate at least one (1) but no more than three (3) examples of projects not less than 75% complete or physically completed within the last seven (7) years and shall be similar in scope, magnitude and complexity. If they have not completed projects as a team together previously, then they shall submit one (1) design/build project for the contractor and one (1) design/build project for the designer.

Design-Bid-Build Experience: The Architect/Engineer shall demonstrate not less than two (2) but no more than four (4) examples of past experience in design and the Contractor shall demonstrate not less than two (2) but no more than four (4) examples of past experience in construction.

All past projects in both categories shall be not less than 75% complete or physically completed within the last seven (7) years and shall be similar in scope, magnitude and complexity. Physical completion is defined as the date the facility was turned over to or occupied by the owner. Scope is defined as the construction of a steel framed facility, over 8,000 SF, including site work and all supporting utilities. The scope for this type of facility involves the management and coordination of all engineering disciplines. Magnitude is defined as the construction or renovation of a facility over $2.5 M in a singular building. Complexity is defined as the use of a multi- disciplined engineering team in design and construction. Projects of a similar nature may include but are not limited to the following: maintenance facilities, administrative facilities, schools, fire stations, dormitories, etc. (including Federal, State, local government or privately funded projects). Past experience may include information regarding predecessor companies, company’s key personnel, and/or primary subcontractors that will perform major critical aspects of the project or any project where the principal Offeror was a primary subcontractor (> 35% of total). Any firm acting as a significant subcontractor may submit projects for past experience if they performed work on major critical aspects of the project and their portion of the work is not less than 75% complete.

Information shall be provided on the form, Project Experience Information Sheet that includes the following:

a. Company/firm name.

b. Project name.

W912BU-10-R-0012 00 110 00 - 4

c. Project location.

d. Project size (square footage and number of units).

e. Project relevance (i.e. maintenance facilities, garages, etc.).

f. Type of contract (design-build or design-bid-build).

g. Role (i.e. prime, joint venture, sub contractor) and work company/firm self-performed on project.

h. Project award amount and completion amount.

i. Project original contract duration and completion date and project final contract duration and completion date.

j. Client/agency (if Government give contract number and name of Contracting Officer) and point of contact, phone number, and address for information on the role the Offeror had in the project.

k. Designer of record.

l. Construction contractor and subcontractor(s).

2) Factor 2 - Past Performance of Offeror's Team

Offerors are required to provide a Past Performance questionnaire to their previous Client(s) for their past Client’s input on their firm’s and/or that of any past Team Association or sub-contractors Past Performance. For those projects submitted under Factor 1, Offerors shall submit Past Performance questionnaires for every project submitted for Past Performance Review. Projects must be recent (project constructed within the past 5 years), relevant project similar in scope. The submitted projects shall have at least a “satisfactory” performance rating. Submission of correspondence from project owners will suffice if performance evaluation forms are not available. For government agency projects, the offeror shall submit that agency’s performance evaluation forms. The Government may contact the individuals identified by the offeror to confirm performance capabilities. The offeror must take whatever steps are necessary to ensure that the named individuals can be reached at the number indicated for a reference. The Government may use other information that is readily available to determine an Offeror’s past performance, such as the USACE Construction Contractor or Architect-Engineers Appraisal Support System (CCASS/ACASS). The requirement to submit information pertaining to this evaluation factor is a separate requirement from the submission of the pre-award survey information with the cost proposal.

Offeror’s Past Performance Evaluation. At the end of this section is included a sample Past Performance Evaluation Questionnaire. The offeror shall identify the in-progress or completed projects to be used for reference and evaluation purposes. Provide a questionnaire to the Point of Contact for each project listed for completion. It is the Contractor’s responsibility to ensure that the reference documentation is provided. The Government WILL NOT make additional requests for past performance information or references. Completed projects from which questionnaires are received shall have been completed within five years of the date of the solicitation. In the event a Final Revised Proposal is requested, and the Offeror wishes to submit different examples from what was submitted in the original proposal, the offeror will be responsible to provide the past performance and evaluation information to the Government.

W912BU-10-R-0012 00 110 00 - 5

NOTE: Should an offeror have no record of past performance, a neutral rating will be assigned. Should an offeror intentionally not submit past performance information, this will adversely impact their past performance rating.

3) Factor 3 - Qualifications of the Offeror's Team (Project Key Personnel)

i) The Offeror shall identify in the construction portion of the team the areas and percent of construction they intend to self perform and the areas and percent of construction they intend to subcontract along with the names of the subcontractors.

ii) The offeror shall provide an organization chart showing key personnel for the Offeror's Design-Build Team. At a minimum, the organizational chart shall identify the key personnel, the contractor and/or subcontractor entities, their responsibilities, structure and lines of authority. The following minimum key personnel shall be identified by Contractor’s Project Manager, Design Team Leader/Design Quality Control Manager, Construction Quality Control Manager, and a Superintendent/Subcontractor Manager/Safety Manager. The Offeror shall develop a chart specific to their organization.

iii) Provide individual resumes of Key Personnel in a Resume Format. The following information shall be provided:

a. Name.

b. Management title on this project.

c. Number of years with firm and other firms.

d. Number of years in this management title or role.

e. Specialization.

f. Professional registration.

g. Specific experience and qualifications relevant to this project.

Contractor's Project Manager: (Overall Manager of the Project)

- The Overall Project Manager shall have a minimum of five (5) years of project management experience in design and/or construction on projects of comparable complexity, scope and cost.

Design Team Leader:

-The Design Team leader must be a must be a registered professional engineer or architect with a least five (5) years of design lead experience.

Design Team:

Resumes of the Design Team Leaders in each discipline shall also be required.

The Offeror shall submit this information regarding their…