W912DQ-11-R-1046 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

Revise CLIN 0001 to read "performance w ork statement" Revise and reissue the performance w ork statement in its entirety.

Add clauses 52.212-2, 52.212-4, 52.228-16 and 52.246-17.

Delete clauses 52.217-7 and 52.217-5 Proposal Due date remains the same

1. CONTRACT ID CODE PAGE OF PAGES

J 1 20

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 15-Jun-2011

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DQ-11-R-1046

X 9B. DATED (SEE ITEM 11)

13-Jun-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Jun-2011

CODE

USACE, KANSAS CITY

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DQ-11-R-1046

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from Contractor shall furnish all materials, equipment, labor, layouts of work features, installation and supervision needed to complete the attached scope of work dated June 2011. 101 North Rangeline Road, Building D Joplin Missouri 64801 to Contractor shall furnish all materials, equipment, labor, layouts of work features, installation and supervision needed to complete the attached performance work statement dated June 2011. Site location is 101 North Rangeline Road, Building D Joplin Missouri 64801.

The following have been added by full text:

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Experience, Technical Approach, and Price

Technical Past Experience is equal to past performance which are both more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

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

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 5 days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for a minimum of one year or as stated in manufacture warrenty that exceeds one year.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

The following have been modified:

EVALUATION FACTORS

GENERAL PROPOSAL INFORMATION

The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities to perform the contract. This Emergency Response Contract falls under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150). Contract will be set aside for Small Business with first preference given to Small Businesses that have a geographical address inside the Jasper or Newton Counties of the state of Missouri

GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

All offerors shall be required to submit a proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard Form 1449 at the following address:

U.S. Army Engineer Recovery Field Office ATTN: CECT-NWK Nicholas Emanuel 1230 E 7th Street Joplin Missouri 64801

Hand Delivery: If proposals are hand-delivered, you must be aware of enhanced security requirements in effect in the Recovery Field Office and allow for extra time to clear security. You must have a valid picture ID in order to enter the building. No additional time will be allowed due to security requirements.

E-MAILED OR FAXED PROPOSALS ARE NOT AUTHORIZED AND WILL NOT BEACCEPTED.

PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

In order to be considered for award of a contract for the requirements of this solicitation, the offeror must submit a proposal with its offer. Failure to submit a complete proposal may result in the entire offer being rejected. The proposal shall consist of two (2) Volumes:

1)Volume 1, Technical Proposal (Tabs A and B) 2)Volume 2, Price Proposal, (Tab A) consists of an original signed Standard Form 1449 “Solicitation/Contract/Award, providing a price for all line items in the corresponding bid schedule; and acknowledgment of all amendments to the solicitation.

Proposal Characteristics:

All text must be legible and easily read. The page size of the Offeror’s proposal shall not exceed 8-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced. Margins (1-inch) shall be clean and clear.

If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size with the title clearly visible at the bottom right corner.

Offerors shall limit Volume 1, Technical Proposal, to a maximum of 10 pages including drawings. Pages in excess of 10 pages will not be evaluated.

Volumes 1 and 2 shall be contained within separate 3-ring loose leaf binders and submitted in the following quantities (no heat or spiral bound volumes).

Volume 1 – Technical Proposal Original & 2 copies Volume 2 – Price Proposal Original & 1 copies The Offeror’s name, address, signature and telephone number shall appear on any document submitted to be evaluated. Each Volume of the proposal shall be identified by the Solicitation Number, Volume Number, name, address, and telephone number of the Offeror on the cover page. The cover page of each Volume shall be properly printed with: i) the solicitation number; ii) the project title – Modular Schools iii) the name, address, and telephone number of the Offeror submitting the proposal, and the name of the Offeror’s point of contact; and one of the following on each volume in bold letters:

VOLUME 1: TECHNICAL PROPOSAL

VOLUME 2: PRICE PROPOSAL

The Proposal shall be organized by factors. They shall be described in separate sections, appropriately tabbed in a report form. All pages of each factor shall be sequentially numbered. Elaborate or lengthy presentations are not necessary or desirable.

BASIS OF AWARD

This procurement will use informal Source Selection procedures. The Source Selection Organization (SSO) consists of a Source Selection Authority, a Contracting Officer, a Source Selection Evaluation Board, an Attorney, and other technical experts and advisors, as required. The organization is structured to ensure continuity and continued involvement of the members. Proposal prices must be entered for all items of the Proposal Schedule. The Government intends to select, without discussions, the responsible offeror for the contract award, whose proposal conforms to this solicitation and is determined to be the lowest priced, technically acceptable proposal (LPTA).

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The non-cost factors are Past Experience and Technical Approach. Each technical factor will receive one of two ratings: Acceptable or Unacceptable. Offerors receiving one Unacceptable rating will be deemed overall Unacceptable and will not be considered for award. Offerors must receive Acceptable on both technical factors to be considered for award. Price will be evaluated by the Price Evaluation Team (PET). The PET will evaluate the price proposals for completeness and reasonableness.

LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) SOURCE SELECTION PROCESS.

An evaluation for acceptability will be performed on each proposal in accordance with FAR 15.101-2. A proposal that is technically acceptable in all factors will be eligible for award. To be considered technically acceptable, no technical factor in the proposal may be determined to be unacceptable. The failure of a proposal to meet all of the requirements under any Factor will result in a technically unacceptable rating and preclude award. No factor will be rated as “Unacceptable” unless there is a consensus among the SSEB members that the assessment is consistent with the evaluation criteria stated in this section. Should no proposal be determined technically acceptable, the Contracting Officer will establish a competitive range consisting of the most highly rated proposals. The lowest priced tehnically acceptable offer will be awarded the contract.

FACTOR 1, – PAST EXPERIENCE

SUBMISSION REQUIREMENTS:

In order to be determined to be technically acceptable, offeror must demonstrate that it possesses a minimum of three years experience with modular/portable building units similar to the requirements identified in the Scope of Work. Offeror shall provide a minimum of three previous projects completed within the past five years with at least one contract cost of $500,000 or more.

Offeror shall provide the following information:

Customer Name Date of work was completed Dollar Size of the Project Duration Type of Modular/Portable Units placed

EVALUATION APPROACH:

To receive an Acceptable rating, Offerer must demonstrate the following:

a. Three or more years of relevant experience.

b. Commercial, Federal, or State and Local experience with modular/portable building units within the last five years, which one project magnitude of at least $500,000.

c. Experience of teaming or joint venture partners will be evaluated as part of the offeror’s experience provided that an executed teaming agreement in accordance to Far Part 9.6 or joint venture agreement is in place.

VOLUME 1, FACTOR 2 - TECHNICAL APPROACH

SUBMISSION REQUIREMENTS:

Proposal shall explain offeror’s technical approach (ie Schedule to complete the work/work plan) to accomplishing the PWS, offeror must meet or exceed the requirements in the PWS. Proposal shall include at a minimum the following:

-Indicate number of crews, including laborers and foreman -Provide an equipment list -Activation time from award notification and notice to proceed -Hours of operation

- Contractor management approach to ensure timely completion of the work. Approach shall include a schedule with the following considerations:

- Award Notification

- Contractor Safety Plan

- Contractor Quality Assurance/Quality Control Plan

- Operation/Management Plan

- Obtaining all required permits and licenses

- Notice to proceed

EVALUATION APPROACH:

To receive an Acceptable rating, the Offeror must provide an approach that addresses the submission requirements and follows the requirements of the scope of work.

VOLUME 2, FACTOR 3 – PRICE

SUBMISSION REQUIREMENTS:

Offeror shall provide pricing in the supplemental price schedule found in Section B of the solicitation. Offerors must submit a price proposal for the project to be considered for award. Offeror shall use the supplemental price schedule to submit a price proposal for the project. The project and Price Proposal Schedule located at the end of this section (Attachment A) will be used to evaluate the price. Proposed prices must be entered for all items of the Price Proposal Schedule to include the unit price, extended amount, and grand total amount. The lowest price will be determined by the Grand Total for the project.

ADDITIONAL INFORMATION TO BE PROVIDED IN VOLUME 2.

Pro Forma Requirements. This information should be submitted in an envelope labeled “Pro Forma Requirements”.

Provide an original and two copies. This information consists of the following:

-The Offeror will submit a cover letter containing:

(1) Solicitation number.

(2) Name, address, federal tax identification, e-mail, and telephone and fax numbers of the Offeror.

(3) Names, title, email, and telephone and fax numbers of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this RFP.

(4) Name, title and signature of the person authorized to sign the proposal.

(5) A statement specifying agreement with all terms, conditions and provisions included in the RFP.

(6) Include the following completed statement “The offeror represents that it [ ] does [ ] does not reside or primarily do business in Jasper or Newton Counties of the state of Missouri”.

-To receive preference under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, offeror shall provide proof that the Offeror is residing or primarily doing business in the Jasper or Newton Counties of the state of Missouri for the past twelve months. Proof will be based on:

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. If the offeror does not meet the above criteria, Offeror will need to submit the following information to determine whether an offeror resides or primarily does business in the set-aside area include—

(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

-The Offer (the SF33) duly executed with an original signature by an official authorized to bind the company.

Include the Offeror’s DUNS number in block 14.

- Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

- The completed Section of the RFP (Representations and Certifications), including the ORCA certification.

- Financial statement and bank letter that verify that sufficient funds will be available to finance the work.

- For joint ventures, the information required by paragraph “Joint Ventures”.

- Teaming Agreement (if applicable).

EVALUATION CRITERIA:

Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of price analysis. The Price Evaluation Team (PET) will evaluate the reasonableness of the price proposal using its expert judgment. In the event, during the course of the analysis, the PET has reason to question the reasonableness of a price proposal, the PET may conduct such additional analysis as it requires in order to complete a thorough price analysis. Because the evaluation of the price proposal will represent a portion of the total evaluation, it is possible that an offeror might not be selected because of an unreasonable price proposal. The overall price used in evaluation will be inclusive of options. The price proposal will also be evaluated for completeness; all price information required by the RFP must be submitted.

PERFORMANCE WORK STATEMENT

Performance Work Statement June 2011

General: This project consists of furnishing and installing Modular/Portable Building Units and Storm Shelters at the subject location in Joplin, MO. Units shall consist of new units or reconditioned units in like new condition.

The site location and number and type of units shall be as defined in APPENDIX A: Site Specific Information and Requirements. The contractor will provide all equipment, labor, materials, supplies and incidentals necessary to complete the installation and preparation of the modular buildings and storm shelters. The contractor shall perform any clearing, grubbing, and grading as necessary for modular building installation and insure that current drainage patterns are not affected. The Contractor shall obtain and pay for all required permits for installation and local inspection of the modular units, portable units, and storm shelters as required by state/local authorities having jurisdiction.

All work performed in accordance with these specifications shall be in accordance with all applicable Federal, State and local codes and regulations.

Concept Sketches: General concept sketches are provided in APPENDIX A: Site Specific Information and Requirements. The dimensions and layouts indicated in these sketches will serve as guidance only. The Contractor may modify the dimensions and layouts indicated in the Concept Sketches, especially in regards to complying with IBC 2006 (fire sprinkler requirements). The Contractor will submit a proposed site sketch along with equipment data sheets for approval prior to ordering any equipment. Contractor shall provide to the COR within 72 hours of NTP the estimated loads for all utilities and the sizes of conveyance (size of pipe, size of wire). Contractor shall coordinate the utilities with the COR and local school authority.

Supervision: The Contractor shall provide adequate supervision, safety and quality control to assure the accuracy, quality, completeness, and safe progress of the work.

Site Set-up: Contractor shall layout and mark traffic lanes to facilitate vehicle movement through the site during delivery of units. The Contractor shall coordinate with the local Fire Department and Emergency Medical Services to ensure adequate access to all portable buildings units in the event of an emergency. Site layout shall be field adjusted to accommodate emergency vehicles.

Concrete: All concrete shall have a minimum 28-day compressive strength of 3000 psi. Concrete shall be batched, delivered and placed in accordance with ACI standards.

Load Bearing Stone: For filling wet areas to be used to support any structure, use a 1”(-) crushed stone or 1” (-) reclaimed concrete to a depth of 6 “ or more.

Standard Products: Materials and equipment shall be the standard products of a manufacturer regularly engaged in the manufacture of such products and shall essentially duplicate items that have been in satisfactory use for at least 2 years prior to bid opening. Equipment shall be supported by a service organization that is in the opinion of the Contracting Officer, reasonably convenient to the site.

Protection of Travel Lanes: The Contractor shall maintain and protect traffic on all roads impacted by the Contractors operations. Measures for the protection and diversion of traffic, including the provision of watchmen and flagmen, erection of barricades, placing of lights around and in front of equipment and the work, and the erection and maintenance of adequate warning, danger, and direction signs, shall be as required by the State and local authorities having jurisdiction.

Walkways/Canopies: Contractor shall furnish and install a continuous walkway with canopy to access each modular facility. Walkways/canopies may be pre-engineered or constructed on-site using pressure treated lumber posts and framing and roofing consisting of corrugated roof panels, plexiglass panels, plywood with shingles, or approved equal. Canopies shall be designed to withstand 30 pound per square feet snow loads and be in compliance with all local building codes. Contractor shall submit shop drawings for approval prior to ordering. Contractor shall consider fire sprinkler requirements when determining walkway material and modular unit spacing. Install non-slip finish on all steps and landings.

Fire Sprinkler: Fire sprinkler requirements for modular building complex must conform to IBC 2006. Careful consideration shall be given to walkway/canopy construction when determining fire sprinkler requirements.

Utilities: Contractor is responsible to provide and install necessary distribution systems for water, electric and sewer to one main connection point five feet outside of the modular unit complex. Final connection will be made by others. For the electrical distribution, the contractor will furnish and install a main distribution panel and will supply and install all feeders from the main distribution panel to units. Contractor will also provide and install all meter pans/CT cabinets, etc. as may be required by the servicing utility company. All work shall be in accordance with NEC 2008. Final line connections to be made by others.

Survey: The Contractor is responsible for providing all required surveying and layout services during construction.

Surveys during construction shall be at the discretion of the Contractor.

Sanitation: The Contractor shall provide and maintain within the construction area field-type sanitary facilities in accordance with EM 385-1-1.

Operational Plan: The Contractor shall develop and provide a written operation plan and warranties at move in. The operational plan shall include information on all emergency and regular operation of equipment supplied. Contact numbers and names and locations of installation contractors, sub-contractors and warranty providers shall be included in the operational plan. Contractor and/or vendor shall guarantee all labor, materials, and equipment for a period of one year after final acceptance of units in contract.

Schedule: The units shall be set-up and ready for occupancy by 10 August 2011.

Wage Rates: The modular/portable building units, pre-fabricated structures, storm shelters and the area five feet around them are non-Davis-Bacon Act covered.

Basis of Award: An evaluation for acceptability will be performed on each proposal in accordance with FAR 15.101-2. The lowest priced technically acceptable offer will be awarded the contract.

Appendix A

Site Specific Information and Requirements

Appendix A Joplin High School @ ShopKo Campus

ADDRESS: 101 N Rangeline Rd, Building D, Joplin, MO 64801

Modular/Portable Kitchen Requirements:

Cooking/food preparation facilities and equipment capable of producing 2,400 meals per day Dry storage facilities sufficient for a one week stock Cooler unit facilities sufficient for a one week stock Freezer unit facilities sufficient for a one week stock

Modular/Portable Units:

2 modular science classrooms; each classroom to be approximately 28 feet x 48 feet 1 modular classroom; approximately 28 feet x 48 feet 2 modular chemistry classrooms; each classroom to be approximately 28 feet x 48 feet 2 modular chemistry laboratory classrooms, each classroom to be approximately 40 feet x 48 feet, consisting of the following:

o Minimum of 3 sinks and eye wash facilities that meet applicable requirements o Fume hood that meets all…