W912DS-08-R-0015 SPECS.pdf

NEW YORK DISTRICT

Request for Proposal

Guthrie Medical Clinic Add/Alt

Fort Drum, New York

PN 63864

W912DS-08-R-0015

W16ROE80956131

NAICS CODE: 236220, Size Standard: $31.0 Million

a. This Procuremen is a Best Value solicitation in accordance w ith Federal Aquisition Regulation (FAR) 15.101-1. The Authority for this action is FAR 15.101-1 Trade Off Process. For the Addition/Alteration of Guthrie Medical Clinic, Fort Drum, New York.

b. Contract Specialist: Loretta Parris, (917-790-8182) or Alternate - Shaukat Syed, (917- 790-8176)

c. Unrestricted w ith HUB Zone Price Evaluation Preference (FAR Clause 52.219-4)

PURSUANT TO SMALL BUSINESS COMPETITIVENESS DEMONSTRATION

LORETTA E PARRIS 917-790-8182

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

15-May-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 w ithin _______5 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________6 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________16 Jun 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 X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

212 264-3013FAX:TEL: 212 264-0238 TEL: FAX:

W912DS-08-R-0015 126

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

(Construction, Alteration, or Repair)

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Construction of the Addition

FFP

All work required to construct the approximately 49,500 SF addition to the existing Guthrie Medical Clinic within the 5 foot line.

FOB: Destination

MILSTRIP: W16ROE80956131

PURCHASE REQUEST NUMBER: W16ROE80956131

NET AMT

Section 00 10 00 - SOLICITATION/CONTRACT FORM

0002 1 Lump Sum Alteration of Existing

FFP

All work required to construct the approximately 62,500 SF of alterations to the existing Guthrie Medical Clinic.

FOB: Destination

0003 1 Lump Sum Site Work

FFP

All work required to construct the Site work including parking/paving, sidewalks, utilities, grading, storm water pollution prevention measures, Landscaping, retaining wall, fencing etc…outside the 5 foot line of the Guthrie Medical Clinic addition and existing.

CPARS/CCASS

FFP

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. CCASS is a web-enabled application that supports the completion, distribution, and retrieval of construction contractor performance evaluations (DD Form 2626). Contractor Representatives are responsible for reviewing and commenting on evaluations submitted by Government Assessment Reporting System (CPARS) website https://www.nwp.usace.army.mil/ct/I/home.asp. This CLIN is Not Separately Priced (NSP).

0005 1 Lump Sum OPTION Deduct Landscaping

FFP

Deduct all Landscaping from contract including The rock sculpture at the drop off point, all trees and all shrubs excluding seeding (expressed as a negative number).

e3enmmwe Typewritten Text

NSP

0006 1 Lump Sum OPTION Deduct Alteration Duct work

FFP

Deduct all work reqired to construct and install the new duct work in the exisiting Guthrie Medical Clinic. Existing Clinic to retain plenum return system (expressed as a negative number).

0007 1 Lump Sum OPTION Deduct AHU Renovations

FFP

Deduct all work required renovate the existing AHUs in Guthrie Medical Clinic (expressed as a negative number)

0008 1 Lump Sum OPTION Additional Alteration Duct Work

FFP

All work required to construct and install additional duct work in the existing Guthrie Medical Clinic to eliminate all plenum return air systems. This Duct work covers all areas in the Exisiting Clinic not ducted in the base bid.

TOTAL BID

TOTAL BASE BID (LINE ITEMS 0001 through 0004) $________________________

TOTAL OPTIONS (LINE ITEMS 0005 through 0008) $_________________________

TOTAL BASE BID INCLUDING OPTIONS

(LINE ITEMS 0001 through 0008) $__________________________

NOTES:

1. Offerors are requested to bid on the Base Bid and all Optional Bid Items or their proposal will be rejected.

2. Deduct Options CLINS 0005 – LINE ITEM 0007 and shall be priced as negative numbers.

3. The Government, at its discretion may exercise optional items, LINE ITEMS 0005-0008 individually or in combination within 180 days after Notice To Proceed (NTP). The contract completion date shall remain unchanged if any options are awarded.

Section 00 21 16 - INSTRUCTIONS, CONDITIONS AND NOTICE TO OFFEROR

SECTION 00 21 00

SECTION 00 21 00

REV 2.3 - 15 NOV 2007

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT TARGET AMOUNT FOR CONTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

1.14 SOLICITATION PROVISIONS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The scope of work for this project is to construct a medical clinic addition/alteration of reinforced concrete foundation, reinforced concrete/steel/masonry exterior and standing seam metal roof. Services include troop and family primary and specialty care, information management, patient administration, pharmacy and command services. Supporting facilities include utility connections, communications, parking, sidewalks, landscaping, erosion control, storm water management, site improvements and antiterrorism measures. Building commissioning and operations and maintenance manuals will be provided. Air Conditioning: 438 Tons Air Conditioning (Estimated 358 Tons).

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The construction costs will be subject to the funds available for this project. The target amount for contract award for construction is $32,640,000 for this project. The Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this amount.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the USACE (New York District) District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.

Please use the following address:

U.S. Army Corps of Engineers (New York District), ATTN: Contracting Division, Loretta E. Parris, Room 1843, 26 Federal Plaza, New York, NY 10278-0090.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Technical Data Solutions (FedTeDS) website at:

http://www.fedteds.gov/fedteds/start.nsf/frm.vendorlogin?openform&SolicitationNumber=[CONTRACT_NUMBE R] http://www.nan.usace.army.mil/business/buslinks/contract/index.htm

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov/ via Quick Search (Solicitation No. W912DS-08- R-0015).

Additional information regarding this solicitation and potential offerors and/or subcontractors is available at http://www.nan.usace.army.mil/business/buslinks/contract/index.htm.

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

http://www.fedteds.gov/fedteds/start.nsf/frm.vendorlogin?openform&SolicitationNumber=%5BCONTRACT_NUMBER http://www.fedteds.gov/fedteds/start.nsf/frm.vendorlogin?openform&SolicitationNumber=%5BCONTRACT_NUMBER http://www.nan.usace.army.mil/business/buslinks/contract/index.htm

Contract Specialist – Primary POC

U.S. Army Corps of Engineers, USACE (New York District) ATTN: Contracting Division, Loretta E. Parris, Room 1843, 26 Federal Plaza, New York, NY 10278-0090.

Phone: 917-790-8182 Fax: 212-264-3013 Email: Loretta.E.Parris@usace.army.mil

Contract Specialist – Support POC

U.S. Army Corps of Engineers, USACE (New York District) ATTN: Contracting Division, Shaukat Syed, Room 1843, 26 Federal Plaza, New York, NY 10278-0090.

Phone: 917-790-8176 Fax: 212-264-3013 Email: Shaukat.M.Syed@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than Five (5) calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.219-1 for the small business size standard/NAICS Code.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal.

1.8. PRE-PROPOSAL CONFERENCE

N/A

1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

Due to heightened security at Government installations, those offerors who have their proposals hand-delivered shall contact Loretta Parris, Contract Specialist, at 917-790-8182 or the Contracting Office Main Desk, at 917-790- 8074, prior to delivering to the address shown below. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See FAR 52.215-1 for rules concerning late proposals.

As stated on Standard Form SF 1442: Proposals will be received until 1400 (2:00 pm) (GMT -5:00) Eastern Time on 16 June 2008 at:

U.S. Army Corps of Engineers, USACE (New York District) ATTN: Loretta E. Parris USACE (New York District) ATTN: Contracting Division Room 1843, 26 Federal Plaza, New York, NY 10278-0090

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W912DS-08-R-0015, DO NOT OPEN”

1.11. PROPOSAL FORMAT

a Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders (except that Pro Forma material and price proposal shall be submitted in a closed manila envelope. Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

(a) Drawing sheets: Use 22” x 34” for full size drawings. Half-size sheets are also acceptable.

(b) Electronic Format: Provide two CDs in read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format. (Volume I on one CD; Volume II on the other CD).

(c) Number of copies: Submit one original and Six (6) copies of drawings and printed matter (Bound Volumes), as well as Two (2) CDs. For Pro Forma information: Submit the original and one copy and one separate CD. (Volume I on one CD; Volume II on the other CD).

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or HubZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively.

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

(a) Application. This clause applies to all offerors submitting proposals.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Sub Contracting Plan (Alternate I) (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large Business)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(c) Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

(i) 70.0 % of subcontracted amount contract amount with small business concerns.

(ii) 6.2 % of subcontracted amount contract amount with those small business concerns owned and controlled by socially and economically disadvantaged individuals.

(iii) 7.0 % of subcontracted amount contract amount with those small business concerns owned and controlled by women.

(iv) 0.9 % of subcontracted amount contract amount with those small business concerns owned and controlled by Service-Disabled Veterans.

(v) 9.8 % of subcontracted amount contract amount with those small business concerns owned and controlled by HUBZones.

(vi) 0 % of subcontracted amount contract amount with those minority institutions and historically black colleges and universities

(vii) 3.0 % of subcontracted amount contract amount with those small business concerns owned and controlled by veteran-owned firms.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number OCT 2003 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 52.232-18 Availability Of Funds APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND

OTHER RESPONSIBILITY MATTERS (DEC 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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.

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

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

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

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

OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

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

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

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

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

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

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

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

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.222-23 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

2.5% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

U.S. Army Corps of Engineers, New York District, ATTN: Ella D. Snell, Contracting Division, Room 1843, 26 Federal Plaza, New York, New York 10278-0090.

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

52.236-27 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: James Valianos Address: 4895 Nininger Street, Fort Drum, NY 13602 Telephone: 917-790-6135

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 provision

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.

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

00 22 11 http://farsite.hill.af.mil/ http://www.arnet.gov/far http://www.dtic.mil/dfars

SECTION 00 22 11

PROPOSAL SUBMISSION REQUIREMENTS EVALUATION CRITERIA AND BASIS OF AWARD ONE

STEP - -BEST VALUE – TRADE-OFF

(SINGLE AWARD)

1.0 OVERVIEW

2.0 BASIS OF AWARD

3.0 GENERAL INSTRUCTIONS

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

4.1 VOLUME 1 – PERFORMANCE CAPABILITY

4.2 VOLUME 2 – PRICE AND PRO-FORMA INFORMATION

5.0 VOLUME 1 – PERFORMANCE CAPABILITY

5.1 TAB A – FACTOR 1 - SPECIALIZED EXPERIENCE

5.2 TAB B – FACTOR 2 - PAST PERFORMANCE

5.3 TAB C – FACTOR 3 – PLANNING, SCHEDULING AND PHASING

5.4 TAB D – FACTOR 4 – QUALIFICATIONS OF THE OFFEROR’S TEAM

6.0 VOLUME 2 – SUBCONTRACTING PLAN, PRICE AND PRO FORMA INFORMATION

6.1 GENERAL

6.2 TAB A – FACTOR 5 – SMALL BUSINESS UTILIZATION

6.3 TAB B – PRICE (STANDARD FORM 1442, PROPOSAL DATA SHEET AND CONTRACT LINE ITEM

SCHEDULE)

6.4 TAB C – BID BOND

6.5 TAB D – SELF-PERFORMED WORK

6.6 TAB E – REQUIRED PRE-AWARD INFORMATION

6.7 TAB F – SUBCONTRACTING PLAN

7.0 EVALUATION PROCEDURES

7.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

7.2 EVALUATION

7.3 DEFINITIONS

7.4 EVALUATION RATING SYSTEM

7.5 PAST PERFORMANCE RISK RATINGS

ATTACHMENTS

1 - COMPANY SPECIALIZED EXPERIENCE CONSTRUCTION OR PRIME CONTRACTOR

2 - COMPANY SPECIALIZED EXPERIENCE KEY SUBCONTRACTOR (OR PRIME IF WORK NOT TO BE

SUBCONTRACTED)

3 - PAST PERFORMANCE EVALUATION QUESTIONNAIRE

4 - LETTER OF COMMITMENT FOR KEY SUBCONTRACTORS

5 - PROPOSAL DATA SHEETS

6 - KEY PERSONNEL RESUME

7 - LETTER OF COMMITMENT FOR KEY PERSONNEL

8 - REQUIRED SMALL BUSINESS UTILIZATION CHART

1.0 OVERVIEW

1.1. This is a “Best Value Trade-off” solicitation for the Construction of the Guthrie Medical Clinic Addition/Alteration located at Fort Drum, NY. The Government will evaluate the proposals in accordance with the criteria described herein, and award a firm fixed price contract to the responsible offeror, whose proposal conforms with all the terms and conditions of the solicitation and whose proposal is determined to represent the overall best value to the Government.

2.0 BASIS OF AWARD

2.1. The Contracting Officer will award a firm fixed-price contract to that responsible Offeror whose proposal the

Source Selection Authority has determined conforms to the solicitation, is fair and reasonable, and offers the best overall value to the Government, considering all non-price factors described herein, and price. All evaluation factors, other than price, when combined, are considered significantly more important than the price. However, offerors are reminded that the target amount described in Section 00 21 00 for this project represents funds available and Government cannot guarantee that additional funds can be made available for award. Offerors are under no obligation to approach this amount. The intent of this solicitation is to obtain the best proposal within the target amount. There is no obligation to approach or match the target amount in the offer. After the Government individually evaluates and rates each proposal, the Source Selection Authority will compare proposals to determine which proposal represents the best value. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in FAR 15.001. If there is a lower priced, conforming offer(s), the Source Selection Official must determine that the added value of a more expensive proposal (within the target amount) would justify award to that offeror.

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

3.0 GENERAL INSTRUCTIONS

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

3.2. Submit proposals in tabbed, three-ring binders. Note that the Government will not evaluate any material that exceeds the page limits, where indicated below.

4.0 PROPOSAL INFORMATION AND RELATED EVALUATION FACTORS, SUBFACTORS AND

ELEMENTS

4.1. VOLUME 1 – PERFORMANCE CAPABILITY FOR SOLICITATION NO. W912DS-08-R-XXXX

All Factors are of equal weight.

Factor/Sub Factor

Location

Description

FACTOR 1

Vol. 1 TAB A

Specialized Experience

FACTOR 2

Vol. 1 TAB B

Past Performance

FACTOR 3 Vol. 1 TAB C

Planning, Scheduling and Phasing

FACTOR 4

Vol. 1 TAB D

Qualifications of the Offeror’s Team

4.2. VOLUME 2 – FACTOR 5, PRICE AND PRO FORMA INFORMATION

Factor/Sub Factor

Location

Description

Relative Importance

FACTOR 5

Vol. 2 TAB A

Small Business Utilization Plan

All 5 factors are equally weighted.

N/A

Vol. 2 TAB B

Price (Standard Form 1442 and Proposal Bid

Schedules)

(weighted significantly less important than

Factor 1, 2, 3, 4 and 5 combined)

N/A Vol. 2 TAB C Bid Bond Not Rated

Vol. 2 TAB D

Self-Performed Work

GO/NO-GO

Vol. 2 TAB E

Required Pre-Award Information

Not Rated

N/A Vol. 2 TAB F Subcontracting Plan GO/NO-GO

NOTE: 8(a) Joint Venture Offeror or Offeror submitting Proposal as HubZone Joint Venture shall submit evidence from Offerors SBA Servicing Agency that the Offeror has notified and discussed the proposed joint venture for this specific project with the appropriate SBA Representative or Business Opportunity Specialist

5.0 VOLUME 1 – PERFORMANCE CAPABILITY

5.1. TAB A – FACTOR 1 - SPECIALIZED EXPERIENCE

5.1.1. Submission Requirements:

5.1.1.1. The offeror shall submit two (2) to five (5) examples of past experience. The Government will allow submissions of the Offeror’s key subcontractors (key subcontractors defined as structural construction and mechanical) past experience, however experiences by the prime will be given greater weight in the evaluation. At least one (1) of their past experiences submitted must be an example of renovating an occupied space following all air quality and safety procedures, and at least one (1) of their past experience submitted must be an example of new construction similar in scope, magnitude and complexity as the Guthrie Medical Clinic Addition. The prime contractor and/or key subcontractor(s) shall demonstrate recent, relevant experience on similar projects, using attachments 1 and 2 at the end of the section. Offerors may identify state and local government and private contracts that are similar to the Government’s requirements. If the offeror is a joint venture, each firm shall provide information, demonstrating experience relevant to their role on this project. Submit projects selected from those discussed in the experience narrative that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer that seven (7) years preceding the date of this Solicitation. If any firm has multiple functions or divisions, limit the project examples to those preformed by the division or unit submitting the offer or by the team member. The prime contractor and/or the key subcontractor(s) shall submit one two (2) to five (5) projects (with at least one (1) project renovating an occupied space following all air quality and safety procedures, and at least one (1) must be an example of new construction similar in scope, magnitude and complexity as the Guthrie Medical Clinic Addition) as examples of equivalent or similar commercial or institutional types such as:

(1) New…