12R0002_C-5M_Specs_Volume 1.pdf

RFP W912BU-12-R-0002

US Army Corps of Engineers Philadelphia District

Design-Build C-5M Formal Training Unit Facility

Dover Air Force Base, Delaware

Volume 1 of 2

Design Criteria and Specifications

14 November 2011

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14 November 2011

RFP NO. W912BU-12-R-0002

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

REQUEST FOR PROPOSALS

FOR

C-5M FORMAL TRAINING UNIT 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 OFERORS 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 29 NOVEMBER 2011. THE

SITE VISIT WILL BEGIN AT 10:00 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 10:00 AM.

ALL THOSE PLANNING TO ATTEND SHOULD CONTACT MR. STEVEN McNAMARA, NO LATER THAN

22 NOVEMBER 2011, 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.

IV. PROSPECTIVE OFFERORS SHALL FOLLOW THE PROCEDURES ON THE NEXT PAGE

REGARDING REQUESTS FOR INFORMATION.

RFI – Page 1 of 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 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 michelle.j.bertoline@usace.army.mil. Please include the Solicitation Number (W912BU-12-R-0002) in the subject line.

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:

RFI# Discipline

Spec Sect/ 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.

Request for Proposal

W912BU-12-R-0002

TABLE OF CONTENTS Page 1 of 2

TABLE OF CONTENTS

C-5M Formal Training Unit Facility Dover Air Force Base, Delaware

Volume 1 of 2:

PROPOSAL REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT

00010 SF 1442 and Bidding Schedule 00100 Instructions, Conditions, and Notice to Bidders 00120 Proposal Submission Requirements, Evaluation Criteria and Basis of Award, One Step-Lowest-Price Technically Acceptable (LPTA) 00600 Representations and Certifications 00700 Contract Clauses 00800 Special Contract Requirements

TECHNICAL SPECIFICATIONS

The following specifications are for design requirements. They specify minimum requirements that shall be required in the final design and construction of this project. Final specifications shall be prepared incorporating these requirements as specified in Section: 01 33 16 Design After Award.

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 Statement of Work 01 11 00 Dover AFB General Requirements 01 32 01 Project Schedule 01 32 33 Construction Photography 01 33 00 Submittal Procedures 01 33 16 Design After Award 01 33 29 LEED™ Documentation 01 35 26 Government Safety Requirements 01 35 40 Dover AFB Hazardous Material Usage 01 45 01 Quality Control System (QCS) 01 45 04 Contractor Quality Control 01 50 02 Temporary Construction Facilities 01 50 10 Dover AFB Site Management 01 57 20 Environmental Protection 01 57 25 Dover AFB Additional Environmental Protection Requirements 01 62 00 Dover AFB Affirmative Procurement 01 62 35 Recycled or Recovered Materials 01 74 19 Dover AFB Construction and Demolition Waste Management 01 78 02 Closeout Submittals 01 80 00 Commissioning

DIVISION 31 – EARTHWORK

31 25 10 DOVER AFB Sediment and Erosion Control

(Continued on next page)

TABLE OF CONTENTS Page 2 of 2

Volume 2 of 2: Appendices

Appendix A Geotechnical Report and Requirements Appendix B Geophysical Investigation Drawings and Report Appendix C LEED Project Checklist Appendix D Dover Air Force Base, Local MILCON and SRM Design Guide Appendix E Dover Air Force Base Architectural Compatibility Plan Appendix F Justification for Stormwater Management Waiver Appendix G Required Fire Flow Demand

W912BU-11-B-0013

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

00120 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND

BASIS OF AWARD ONE STEP-LOWEST-PRICE TECHNICALLY ACCEPTABLE

(LPTA)

00600 REPRESENTATIONS AND CERTIFICATIONS

AND OTHER STATEMENTS OF BIDDERS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

SPECIFICATIONS

W912BU-11-B-0013

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TABLE OF CONTENTS

SECTION 00010

TITLE

SOLICITATION, OFFER & AWARD (SF 1442)

BIDDING SCHEDULE

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00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount

BASE BID:

1. C-5M Formal Training Unit Facility (FTUF) – Design and Construction 1 Job LS $____________

OPTION 1:

2. Furniture, Furnishings and Equipment 1 Job LS $____________

TOTAL ESTIMATED BASE BID AND OPTION 1 AMOUNT: $____________

OPTION 2:

3. Enhanced Commissioning 1 Job LS $____________

TOTAL ESTIMATED BASE BID, OPTION 1 AND OPTION 2 AMOUNT: $____________

NOTES:

1. Offerors must bid on all items.

W912BU-12-R-0002 INDEX-1

Section 00100 - Bidding Schedule/Instructions to Bidders

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.211-6 Brand Name or Equal AUG 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.214-5000 Apparent Clerical Mistakes MAR 2000 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 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

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W912BU-12-R-0002 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

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

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(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

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.

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

W912BU-12-R-0002 00100-3

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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;

(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

W912BU-12-R-0002 00100-4

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

(3) Submission, modification, or revision, of proposals.

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

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(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 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.

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(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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price 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.

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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

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.

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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:

Name:

USACE Finance Center, Millington

Mailing Address:

5722 Integrity Drive Millington, TN 38054-5005

Telephone Number:

901-874-8429

(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 Mr. Joseph T. Bujnowski, Chief, Contracts Branch, US Army Corps of Engineers, Philadelphia, Wanamaker Building, 100 Penn Square East, 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, W912BU-12-R-0002 00100-10 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 SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD

ONE STEP-LOWEST-PRICE TECHNICALLY ACCEPTABLE (LPTA)

1.0 OVERVIEW: The Government will evaluate proposals in accordance with the evaluation criteria and the evaluation rating described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, also as described herein.

2.0 BASIS OF AWARD: In accordance with FAR 15.101-2, award will be made on the basis of the lowest evaluated price of proposals satisfying the requirements of the technical evaluation factors set forth in the solicitation.

3.0 GENERAL INSTRUCTIONS

3.1 The solicitation is to inform all potential offerors that the Government intends to make a contract award without discussions except when the Government determines that it is in its best interest to hold discussions. 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.

3.2 Firms formally organized as 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 term 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 listed as key personnel in accordance with Section 01 45 04, CONTRACTOR QUALITY CONTROL, registered in the appropriate technical field as indicated.

3.3 Submit hard copy of proposals in two volumes in tabbed, three-ring binders. Technical and Price proposal shall be submitted under separate cover. Volume 1 shall 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. Proposals shall not exceed page limitations prescribed below. Offerors shall also submit electronic copies of Volume 1 Technical Items Requested on compact disc(s) in PDF format. Within three (3) days of contract award, the awardee shall submit ALL volumes in electronic format.

3.4 Page Limits: The following page limits shall apply, which do not include title sheets, indices, tables of content, schedules, or cover sheets: Seventy-five (75) pages maximum for Volume 1 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 EVALUATION FACTORS: Proposals must meet all of the evaluation factors listed below to be considered acceptable. Proposals which do not meet all of the evaluation factors listed below will be unacceptable and will receive no further consideration.

Section 00120 Page 2

4.1 FACTOR 1 - EXPERIENCE: The Government will review the experience of the offeror. Offerors must meet all of the following requirements to receive an “acceptable” rating for this evaluation factor.

a. Experience with Similar Scope: An offeror shall convincingly demonstrate design and construction experience by providing evidence of at least three (3) projects of at least the scope, dollar value, and complexity described below, and substantially completed (greater than or equal to 75%) within the last five years as of the date of this proposal submission. For this acquisition, a project of similar scope, dollar value, and complexity is defined as a project involving the construction or design of administrative facilities of similar size. Each project must have a construction value of at least $2,000,000 U.S. dollars. For joint venture, teaming agreement, or partnership offerors, this experience shall be satisfied by submitting conforming experience from any or all of the joint venture, partnership, or teaming agreement partners. Offerors shall also provide experience information in the same manner as required for the prime contractor offeror for each subcontractor proposed to perform more than 20 percent of the project design and/or on-site construction work.

Each project submitted for evaluation shall include the following descriptive information: (i) project title, (ii) geographic location, (iii) date that the project was substantially completed, (iv) final project U.S. dollar value, (v) detailed description of the project, and (vi) a description of the actual involvement in the performance of the presented project. Offerors are required to provide information that convincingly demonstrates that the experience presented meets the requirements of qualifying construction and design experience (see requirements above).

b. If an offeror is a joint venture or a partnership or has a teaming agreement composed of two or more partners or proposes subcontractor(s) to perform more than 20 percent of the project on-site construction work, the offeror shall describe the project work that each member of the joint venture, partnership, teaming agreement or the subcontractors would perform. The Government will assess the experience information provided in relation to the work that each of the joint venture or teaming agreement partners or subcontractors would be performing.

4.2 FACTOR 2 - KEY PERSONNEL: An offeror shall provide resume information concerning the qualifications and experience of its intended key personnel as identified below:

a. Designer(s) of Record

b. Design Quality Control Manager

c. On-Site Construction Superintendant/Manager

d. On-Site Safety Officer (Site Safety and Health Officer (SSHO))

e. Contractor Quality Control Manager (Contractor Quality Contract Systems Manager (CQCSM))

The Government will compare this resume information against any and all requirements contained in the RFP in the locations shown below:

a. Designer(s) of Record - Section 00700 - Contract Clauses: 52.236-25 and SECTION 01 33 16

b. On-Site Safety Officer (Site Safety and Health Officer (SSHO)) – SECTION 01 35 26.

c. Design Quality Control Manager and Contractor Quality Control Systems Manager – SECTION

01 45 04.

The qualifications of the On-Site Construction Superintendant/Manager are as follows:

Section 00120 Page 3

a. Minimum of 5 years experience as a construction superintendent with projects of similar scope and complexity.

Failure to satisfy a material requirement for any of the personnel listed above will be a basis for receiving an unacceptable rating.

All resumes shall include the following information to the extent required by the solicitation and are not to exceed three pages in length for each resume. Information presented beyond the three-page limitation for each resume will not be considered in the Government’s evaluation process.

a. Name of person

b. Proposed project assignment

c. Name of firm with which presently associated and or employed

d. Years of experience as it applies to the position that would be filled

e. Educational degree(s), year of graduation and institution

f. Active professional registration (if any), year first registered, if applicable List of projects in which the individual has worked to include name of project(s), project location(s), and work assignments performed

4.3. FACTOR 3 - PAST PERFORMANCE: Past performance pertains to how well an offeror has performed relevant past work that is an indicator of future performance. Past performance information is not the same as experience information. Experience information pertains to what types of work an offeror has performed.

Past performance pertains to how well an offeror performs project work. For the purpose of this evaluation, past performance means an offeror’s reputation for satisfying its customers by delivering:

a. quality work

b. in a timely manner

c. at a reasonable cost

d. in a safe working environment as well as its reputation for

e. reasonable and cooperative conduct

f. overall commitment to customer satisfaction

Offerors are reminded that while the Government may elect to consider past performance information obtained from other sources, the primary responsibility for providing past performance information rests with the offeror. In the case of an offeror that does not have a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably as concerns its past performance. In situations of this kind, the adjective rating of neutral will be applied to the evaluation factor of Past Performance, to include the evaluation of Construction Contractor(s) and Subcontractor(s) Past Performance and Designer(s) Past Performance. There are two categories of Past Performance with this evaluation factor.

a. Construction Contractor(s) and Subcontractor(s) Past Performance:

(1) The Government will evaluate an offeror’s reputation for performing work in a manner commensurate with the six areas of interest listed above.

(2) This evaluation element is applicable to Construction contractors and subcontractors, where the total subcontracting efforts performed on site (involving management and/or construction efforts) equates to twenty percent or more of the on-site project work effort. An offeror should provide written evidence of the above described six past performance qualities (see items (a) through (f)) in the form of, but not limited to:

1. letters and certificates of commendation

Section 00120 Page 4

2. performance awards

3. performance evaluations

4. evidence of repeat work with the same clients or owners (particularly when noncompetitively obtained), etc.

(3) Offerors are encouraged to solicit and obtain letters of recommendation from past owners, customers and clients from which written documentation contemporaneous with project performance may not be available. These past performance documents should not reference work completed more than six years prior to the date of proposal submission for this solicitation. Past performance documents older than six years will not be considered in the evaluation and selection processes.

(4) If an offeror is a joint venture or partnership, information pertaining to the areas identified as

(a) through (f), above should be presented for each member of the joint venture or partnership (unless the information being presented is in regard to the joint venture or partnership as constituted in response to this solicitation). Although the Government prefers all members of a joint venture or partnership to have satisfied all the above indicated six performance areas, the Government will consider the complementary aspects of the separate participants in a joint venture or partnership, by evaluating the joint venture or partnership as a whole.

(5) Past performance information provided for a member of a joint venture or partnership having no involvement in the project will not be considered in the Government’s Past Performance factor evaluation. Past performance information will only be evaluated from firms proposed to be involved in an offeror’s approach for performance of the solicitation work.

(6) In addition to the evidence submitted by an offeror, the Government may consider information from other sources, including but not limited to: past and present customers and their current and former employees; federal, state and local agencies (including court records); private consumer organizations; and Government past performance databases. In gathering this additional past performance information, the Government will attempt to contact an offeror’s past customers and clients for which contact information is provided by the offeror in response to the portion of the factor.

b. Designer(s) Past Performance:

(1) The Government will evaluate a proposed Designer’s reputation for performing work in a manner commensurate with the six areas of interest listed above.

(2) An offeror should provide written evidence for its proposed Designers of the above described six past performance areas of interest (see (a) and (f above) in the form of, but not limited to:

1. letters and certificates of commendation, performance awards, performance evaluations

2. evidence of repeat work with the same clients or owners (particularly when noncompetitively obtained), etc.

(3) Offerors are encouraged to solicit and obtain letters of recommendation for its proposed

Designers, from past owners, and/or customers and clients from which contemporaneous written documentation may not be presently available. These past performance documents should not reference work completed more than six years from the date of the solicitation.

Past performance documents that are older than six years will not be considered in the evaluation and selection processes.

(4) In addition to the past performance documentation submitted by an offeror for its proposed

Section 00120 Page 5

Designers, the Government may consider information from other sources, including but not limited to: past and present customers and their current and former employees; federal, state and local agencies (including court records); private consumer organizations; and Government past performance databases. In gathering this additional past performance information, the Government will attempt to contact an offeror’s past customers and clients for which contact information is provided by the offeror in response to the Experience portion of this factor.

4.4 FACTOR 4 – DESIGN QUALITY CONTROL: The Offeror shall provide information on the disciplined processes that will be utilized by the Designer to ensure the design portion of this contract is performed and provided in a manner that meets professional architectural and engineering quality standards.

Provide copies of checklists, as required by the contract in Section 01 45 04 Contractor Quality Control, that will be utilized in the contract, as well as, other procedures utilized in the Design Quality Control process.

The Offeror’s Design Quality Control program will be reviewed to determine if it the Offeror receives an “acceptable” rating for this Factor.

5.0 PRICE EVALUATION: The Government will evaluate proposals for the purpose of determining the reasonableness and completeness of the prices offered. Price proposals will be analyzed for unbalanced pricing as a part of the Government’s reasonableness determination. Completeness includes review of Proposal.

5.1 FACTOR 5 – PRICE (STANDARD FORM 1442 AND CONTRACT LINE ITEM SCHEDULE).

5.1.1 Submission Requirements:

5.1.1.1 Submit the properly filled out and executed SF 1442, along with the Price Proposal Schedule, executed Bid Bond, and Section 00600,…