08R2011.pdf

RFP No.: W912BV-08-R-2011

Tulsa District

DESIGN-BUILD INDEFINITE DELIVERY

CONTRACT FOR PERFORMANCE

ORIENTED CONSTRUCTION ACTIVITIES

ASSIGNED TO THE TULSA DISTRICT

Specifications

APRIL 2008

TOC - i

TABLE OF CONTENTS

00010 SOLICITATION, OFFER, AND AWARD

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00110 PROPOSAL PREPARATION, EVALUATION, AND CONTRACT AWARD

SAMPLE PROJECT

00600 REPRESENTATIONS & CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

01000 PROJECT DESCRIPTION/SCOPE OF WORK DESIGN-BUILD (DB) PERFORMANCE

ORIENTED CONSTRUCTION ACTIVITIES

DESIGN-BUILD INDEFINITE DELIVERY CONTRACT FOR PERFORMANCE ORIENTED CONSTRUCTION

ACTIVITIES (D-B POCA) ASSIGNED TO THE TULSA DISTRICT

PROJECT IS SET ASIDE UNDER THE US SMALL BUSINESS ADMINISTRATION 8(a) PROGRAM

APPROXIMATE VALUE IS $15,000,000

SUSAN M KILLGORE 918-669-7136

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

18-Apr-2008

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance within _______calendar days and complete it within ________ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________8 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________20 May 2008 (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 _______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

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (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:

W912BV-08-R-2011

OFFER (Must be fully completed by the offeror)

15. TELEPHONE NO. (Include Area Code)

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

CAGE Contractor Established No.

DUNS Contractor Established No.

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in item 13D.)

AMOUNTS > $__________________________________

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

23. ACCOUNTING AND APPROPRIATION DATA22. AMOUNT

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) > ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing Office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30C. DATE 31B. UNITED STATES OF AMERICA

BY

30B. SIGNATURE

3OA. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or Print) 31A. NAME OF CONTRACTING OFFICER (Type or Print)

31C. AWARD DATE

STANDARD FORM 1442 BACK (Rev 4-85)

29. AWARD ( Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consist of (a) the Government solicitation and your offer, and (b) this contract award, No further contractual document is necessary.

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

FAX NO.

GPO : 1985 0 - 469-796

00010-2

SERVICES AND PRICES/COSTS

ITEM DESCRIPTION AMOUNT

0001 PROVIDE SERVICES IN ACCORDANCE WITH SECTION 01000 TO

INVESTIGATE AND SOLVE MAINTENANCE, REPAIR, AND REHABILITATION

PROBLEMS AT GOVERNMENT INSTALLATIONS AND FACILITIES. SERVICES

WILL BE FURTHER DEFINED AND WORK ACCOMPLISHED BY ISSUANCE OF

INDIVIDUAL TASK ORDERS. TASK ORDERS AND DELIVERY TERMS WILL BE

NEGOTIATED IN ACCORDANCE WITH PARAGRAPH 4 OF SECTION 01000

AND THE AMOUNTS SET FORTH IN THIS BIDDING SCHEDULE.

0002 DIRECT COSTS TO BE DETERMINED

BY TASK ORDER

0003 LABOR BURDEN COSTS

(PERCENT OF DIRECT LABOR COSTS)* ________________%

0004 EXTENDED OVERHEAD (FIELD OFFICE) TO BE DETERMINED

(APPLICABLE TO CONSTRUCTION WORK ONLY) BY TASK ORDER

0005 GENERAL AND ADMINSTRATIVE COSTS

(PERCENT OF DIRECT, LABOR BURDEN, AND

OVERHEAD COSTS)* ________________%

0006 PROFIT/FEE TO BE DETERMINED

BY TASK ORDER

* NEGOTIATED RATES SUBJECT TO ANNUAL REVIEW AND ADJUSTMENT IF NECESSARY.

THE GOVERNMENT RESERVES THE RIGHT TO AWARD MORE THAN ONE (1) CONTRACT

FROM THIS SOLICITATION

00100-i

SECTION 00100

INDEX OF CLAUSES

1. 52.204-6 Data Universal Numbering System (DUNS) Number OCT 2003

2. 52.204-7 Central Contractor Registration JUL 2006

3. 52.214-4 False Statements In Bids APR 1984

4. 52.214-34 Submission Of Offers In The English Language APR 1991

5. 52.214-35 Submission Of Offers In U.S. Currency APR 1991

6. 52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements JAN 2005

7. 52.228-14 Irrevocable Letter of Credit DEC 1999

8. 52.228-15 Performance and Payment Bonds--Construction NOV 2006

9. 252.204-7001 Commercial And Government Entity (CAGE) Code Reporting

AUG 1999

10. 52.0000-4023 BIDDER'S QUALIFICATIONS (APR 1984) (FAR 9.1)

11. 52.0000-4025 PERFORMANCE OF WORK BY CONTRACTOR

12. 52.0000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS'

UNCLASSIFIED CONTRACTS (APR 2004)

13. 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION

(JAN 2004)

14. 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA (OCT 1997)

15. 52.216-1 TYPE OF CONTRACT (APR 1984)

16. 52.222-6 DAVIS-BACON ACT (JUL 2005)

17. 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

18. 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

19. 52.233-2 SERVICE OF PROTEST (SEP 2006)

20. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

21. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

22. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

00100-1

SECTION 00100

BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

CLAUSES INCORPORATED BY REFERENCE

1. 52.204-6 Data Universal Numbering System (DUNS) Number OCT 2003

2. 52.204-7 Central Contractor Registration JUL 2006

3. 52.214-4 False Statements In Bids APR 1984

4. 52.214-34 Submission Of Offers In The English Language APR 1991

5. 52.214-35 Submission Of Offers In U.S. Currency APR 1991

6. 52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements JAN 2005

7. 52.228-14 Irrevocable Letter of Credit DEC 1999

8. 52.228-15 Performance and Payment Bonds--Construction NOV 2006

9. 252.204-7001 Commercial And Government Entity (CAGE) Code Reporting

AUG 1999

CLAUSES INCORPORATED BY FULL TEXT

10. 52.0000-4023 BIDDER'S QUALIFICATIONS (APR 1984) (FAR 9.1)

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

11. 52.0000-4025 PERFORMANCE OF WORK BY CONTRACTOR

Unless he has submitted such description with his bid, the successful bidder must furnish the Contracting Officer within l4 calendar days after award a description of the work which he intends to perform with his own organization (e.g., earthwork, paving, brickwork, or roofing), the percentage of the total work this represents, and the estimated cost thereof. (See Section 00800 clause entitled "Performance of Work by Contractor.")

12. 52.0000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS'

UNCLASSIFIED CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee

00100-2 complete a SF-85P and FD-258 fingerprint card and submit to the Tulsa District Security Office, 1645 South 101st East Avenue, Tulsa, OK 74128-4609, within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Tulsa District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Tulsa District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORT

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer require a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement, anyone qualified in the Tulsa District Field Offices, or by making an appointment with the District Security Officer, Patricia Lutz (telephone 918/669-7326). The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Tulsa District Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

(End of clause)

00100-3

13. 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

(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.

00100-4

(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.

00100-5

(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.

00100-6

(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.

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

14. 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, 00100-7 or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

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

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

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

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

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

(b) Requirements for 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.

(End of provision)

15. 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

00100-8

16. 52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition.--Site of the work -

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is--

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

00100-9

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an

00100-10 authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(End of clause)

17. 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

Applicable by County TBD by Individual

Task Order 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

00100-11 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.

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

(End of provision)

18. 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

(a) Definition. As used in this clause--

Energy-efficient product-

(1) Means a product that--

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program.

(2) The term "product" does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C.

8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR products or FEMP-designated products) at the time of contract award, for products that are--

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

00100-12

(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless--

(1) The energy-consuming product is not listed in the ENERGY STAR Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for--

(1) ENERGY STAR at http://www.energystar.gov/products; and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

(End of clause)

19. 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 the Chief, Contracting Division, 1645 South 101st East Avenue, Tulsa, Oklahoma 74128-4609.

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

(End of provision)

20. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: To be determined by each Task Order Address:

Telephone:

(End of provision)

21. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.arnet.gov/far http://www.dtic.mil/dfars

(End of clause)

00100-13

22. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(iv) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Design/Build Indefinite Delivery Contract for Performance Oriented Construction Activities Assigned to Tulsa District

00110-1

SECTION 00110

PROPOSAL PREPARATION, EVALUATION, AND CONTRACT AWARD

PART 1 – GENERAL

This section covers the requirements for preparation of proposals, the criteria used to evaluate proposals, and contract award.

Proposals will be evaluated in four areas (Management, Past Performance, Technical, and Cost) by a Source Selection Evaluation Board (SSEB). The SSEB will be composed of Corps of Engineers personnel. Identities of SSEB members are confidential and members will not be available for contact or discussion prior to submission of proposals.

All evaluation factors with respect to the technical portion of the proposal when combined together will carry more weight than price. All remaining evaluation factors when combined are approximately equal to price.

1.1 WHERE AND WHEN TO SUBMIT PROPOSAL

Proposals are due as indicated on the Solicitation, Offer and Award form

(Standard Form 1442) found in Section 00010, SOLICITATION, OFFER, AND

AWARD.

1.2 INQUIRIES ABOUT THIS REQUEST FOR PROPOSALS (RFP)

Inquiries about this RFP shall be directed to the Ms. Susan Killgore, Contracting Division, 918-669-7136. Collect calls will not be accepted.

1.3 PROPOSAL PREPARATION SUMMARY

Instructions for the preparation and organization of each area of the complete proposal are included herein. The proposal shall be submitted as summarized below and as required by the specifications.

a. Volume I – Management Proposal.

(1) Management Control Systems, Implementation, and Past Success.

(2) Offeror Experience.

(3) Project Organization and Personnel.

(4) Historical Cost and Schedule Growth.

b. Past Performance (To be tabbed separately and included in Volume I).

c. Volume II – Technical (Preliminary Design) Proposal.

The Government’s intent is to keep the technical information for the Sample Project separated. Therefore, Offerors shall provide separate volumes for the Technical proposal for the Sample Project.

The architectural and engineering design from Offerors should include, but not limited to, the items summarized below:

(1) Functional/Organizational.

(a) Site Plan

00110-2

(b) Floor Plan(s)

(2) Preliminary Project Description.

(3) Product Data.

(4) Project Schedule.

d. Volume III - Cost/Price Proposal that address in depth the following:

(1) Price reasonableness.

(2) Price realism.

(3) Representation & Certifications.

1.4 MANAGEMENT PROPOSAL (VOLUME I)

1.4.1 Content

The Management area of the proposal shall include the information as described below and shall be presented in the sequence listed.

a. Management Control Systems, Implementation, and Past Success.

(1) Ensuring Cost Reasonableness on Future Task Orders.

(a) Describe your firm’s plan to ensure how reasonable prices on materials, labor, equipment, subcontractor pricing, etc. will be obtained on future task orders.

(b) Describe how you will obtain pricing for future task orders, and how you will format and provide the government with your price breakout for future task orders.

(c) Describe any rates, to include labor burden and, general and administration (G&A) costs, which you intend to keep constant for the duration of this POCA contract.

(d) Limit discussion to three pages.

(2) Controlling Time.

(a) Demonstrate team’s ability to control the time during the design and construction phases of the project. Present the plan to control design time and construction time. Limit discussion to one page.

(b) Demonstrate ability to minimize time overruns due to changes, unforeseen circumstances and delays. Present the plan for maintaining the design and construction schedules. Describe the time control systems to be utilized and how time control savings proposal will be presented. Limit discussion to two pages.

(3) Quality Assurance. Demonstrate ability to control quality throughout the design development and construction documentation of the project. Present a plan to control quality throughout the construction process including testing, inspection, and safety. Provide one or more examples of past successes. Limit discussion to five pages.

(4) Limiting Cost Growth.

(a) Describe team's ability to maintain a project budget during

00110-3 both design and construction.

(b) Describe the cost control systems and procedures that will be utilized.

(c) Describe the procedures and the format with which cost savings proposals will be presented.

(d) Describe a plan to minimize cost overruns caused by owner initiated changes, unnecessary specification requirements, unforeseen circumstances, and delays.

(e) Describe a plan to recognize and maximize user requirements while minimizing or maintaining costs.

(f) Provide one or more examples of how you have controlled project budgets in the past.

(g) Limit discussion to approximately three pages.

(5) Past Success. Verify management control with examples of past successes. Limit discussion to two pages.

b. Offeror Experience.

(1) Experience. Demonstrate the experience of the team, including subcontractors, to successfully complete Task Orders using a process similar to the POCA process and the Design/Build process. This section may be in any format but must, however, as a minimum, provide the following:

(a) A list of similar facility projects, currently underway or completed in the last 5 years that best demonstrates your firm’s experience with the POCA process or similar process and the Design/Build process.

List no more than 10 projects total. The list of projects shall include the following information:

Project Name and Location.

Nature of Firm’s Responsibility (design, construction or both).

Project Owner’s Name and Address and Project Manager’s (Point of Contact) Name and Phone Number.

Project Completion Date (actual or estimated).

Overall Size of Facility (in square feet or square meters).

Construction Cost (excluding design costs).

Duration of Construction (excluding design time).

Identify any of these projects delivered by Design-Build method.

Problems encountered and corrective actions taken.

Safety record.

(b) For each listed project, provide a brief statement (not to exceed 150 words in length) as to how the project illustrates your performance capabilities. Information may be presented in the format of Block 19 of Standard Form 330 and should be limited to one page per project.

(2) Resource Commitment. Demonstrate personnel and resources to be utilized for this project as well as additional resources available if necessary. Response to this section shall include the following:

(a) A list of key professional job titles and the number of…