W912DS-09-R-0012.pdf

W16ROE90852917

Multiple Aw ard Task Order Contract (MATOC) for Design-Build, General Facilities Construction for the Northeast Region (CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, VA, VT, WV). This solicitation contains tw o accompanying projects w hich may be aw arded as Task Orders for FY 09.

THIS PROCUREMENT IS 100% SMALL BUSINESS HUBZONE SET ASIDE

See Block 10 Continuation Sheet

NOTE: Block 11 - The completion and performance period w ill be issued w ith each Task Order.

SHAUKAT M SYED (917)790-8176

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

14-May-2009

(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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Note above

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 ______________12 Jun 2009 (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 _______90 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-09-R-0012 103

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DS-09-R-0012

SECTION 00 01 10

TABLE OF CONTENTS (IDIQ)

REQUEST FOR PROPOSAL

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

FOR DESIGN-BUILD, GENERAL FACILITIES CONSTRUCTION

NORTHEAST REGION

(CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, VA, VT, WV)

PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

Sections

00 11 00 SF1442/CLIN SCHEDULE

00 21 00 Instructions to Offerors

00 22 11 Design-Build Selection Procedures

00 45 00 Representations and Certifications

00 72 00 Contract Clauses

00 73 00 Special Contract Requirements

DIVISION 01 - General Requirements

Sections

01 32 01.00 10 Project Schedule

01 33 00 Submittal Procedures

01 33 16 Design After Award

01 45 01.10 Quality Control System (QCS)

01 45 04.00 10 Contractor Quality Control

01 50 02 Temporary Construction Facilities

01 57 20.00 10 Environmental Protection

01 62 35 Recycled/Recovered Materials

01 78 02.00 10 Closeout Submittals

TASK ORDER SPECIFIC REQUIREMENTS:

Sections

00 11 00 CLIN SCHEDULE (See Task Order)

00 22 31 Task Order Design-Build Selection Procedures and Basis of Award (See Task Order)

00 73 10 Supplemental Contract Requirements (See Task Order)

00 73 46 Wage Determination Schedule (See Task Order)

DIVISION 01 – General Requirements

Sections (Task Order Specific Requirements)

01 10 00 Task Order Statement of Work (See Task Order)

01 33 00 Submittal Procedures (See Task Order)

01 33 16 Design After Award (See Task Order)

01 45 04.00 10 Contractor Quality Control (See Task Order)

01 50 02 Temporary Construction Facilities (See Task Order)

Appendices A – U Task Order Specific Requirements (See Task Order)

End of Table of Contents

SECTION 00 11 00

Multiple Award Task Order Contract (MATOC) for Design-Build, General Facilities Construction for the Northeast Region (CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, VA, VT, WV). This solicitation contains two accompanying projects which may be awarded as Task Orders for FY 09.

The magnitude of the initial two projects is between $10,000,000.00 and $25,000,000.00.

NAICS: 236210 Size Standard: $33.5M

Offeror’s must be registered in CCR to be eligible for award.

**Blocks 11 and 12: As specified per Task Order.

**Block 13B: See Section 00 21 00, Section 1.14 for Bid Guarantee requirement and Section 00 73 00, Contract Clause 52.228-1, Bid Guarantee.

Reference Contract Clause Federal Acquisition Regulation (FAR) 52.236-1, Performance of Work by the Contractor.

This solicitation will be evaluated under a Single Phase Design Build Process. Interested firms or joint venture entities (referred to as “Offerors”) will submit certain specified performance capability information, demonstrating their capability to successfully execute the design-build construction IDIQ contract resulting from this solicitation.

The Government will evaluate the performance capability information in accordance with the criteria described in the solicitation.

Offerors will submit preliminary technical design proposals for initial tasks, the contract duration, a preliminary schedule and a price proposal. The Government will evaluate the proposals, in accordance with the criteria described in the solicitation, and award the 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, considering past performance, technical-design quality, performance capability, and cost.

The Government intends to award up to 4 contracts as a result of this solicitation and the duration of each contract award will be for the total contract period of 60 months. The total estimated contract capacity of $400,000,000.00 is for all contracts. The Government does not anticipate any one contract to approach this amount. The minimum guarantee amount will be $5,000 or award of a task order for each contract awarded.

The bid schedule provides maximum contract capacity. It is not intended for Offerors to complete and provide price information. A Task Order CLIN schedule for the initial project will be provided, which will require pricing by the

Offeror.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 400,000,000 Lump Sum

Design Build, General Facilities Constr.

FFP

Multiple Award Task Order Contract (MATOC) for Design-Build, General Facilities Construction for the Northeast Region (CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, VA, VT, WV). The minimum guarantee amount will be $5,000 or award of a task order for each contract awarded. . The total estimated contract capacity of $400,000,000.00 is for all contracts. The bid schedule provides the maximum contract capacity. It is not intended for Offerors to complete and provide price information for this CLIN. A Task Order CLIN schedule for the initial projects is provided, which will require pricing by the Offeror.

DO NOT PROVIDE A PRICE FOR THIS CLIN.

FOB: Destination

MILSTRIP: W16ROE90852917

PURCHASE REQUEST NUMBER: W16ROE90852917

MAX

NET AMT

PRICE SCHEDULE

TASK ORDER NO. 0001

FIRE STATION II

FORT DRUM, NY

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum All Work required to design the Two

FFP

Company Fire Station II FOB: Destination

0002 1 Lump Sum All Work required to construct the Two

FFP

Company Fire Station II FOB: Destination

0003 1 Lump Sum All work required to construct the

FFP

6000 SF Storage Building

0004 1 Lump Sum Petroleum Contaminated Soil

FFP

All work required to remove and dispose off site of Petroleum Contaminated soil in place quantity disposal per all State, Local and Federal Regulations. Includes all testing, removal and disposal.

TOTAL

TOTAL BASE BID (LINE ITEMS 0001 THRU 0004) $_________________________

PRICE SCHEDULE

TASK ORDER NO. 0002

CHILD DEVELOPMENT CENTER

FORT DRUM, NY

0001 1 Lump Sum All work required to design the Child

Development Center-under 6 years old.

FOB: Destination

0002 1 Lump Sum All work required to construct the Child

Development Center-under 6 years old.

FOB: Destination

0003 1 Lump Sum OPTION Option 1 - Design and construct a Geothermal Building and Site

Requirements Heating/Cooling System to include but not limited to the wells, pumps, distribution and control system, etc. to make for a complete and usable system. See requirements in preference number 3 in section 00 22 30.

FOB: Destination

0004 1 Lump Sum OPTION Option 2 - LEED GOLD: Design and build the facility to a meet LEED GOLD standards.

Provide external certifcation from USGBC (US Green Building Council) for a GOLD rating FOB: Destination

TOTAL BASE BID (LINE ITEMS 0001 & 0002) $___________________________

TOTAL OPTIONS (LINE ITEMs 0003 & 0004) $____________________________

TOTAL BASE BID INCLUDING OPTIONS

(LINE ITEMS 0001 through 0004) $_____________________________

SECTION 00 21 00 (ID/IQ)

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT TARGET COST FOR DESIGN AND 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 SITE VISIT

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 (NOT USED)

1.14 BID GUARANTEE

1.15 CONTRACT PRICES - BIDDING SCHEDULE

1.16 SOLICITATION PROVISIONS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

This solicitation is for the multiple award Base Indefinite Delivery/Indefinite Quantity ID/IQ Contract for Design- Build, General Facilities Construction for the Northeast Region (CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, VA, VT, WV) Small Business HubZone MATOC. The Government will award up to 4 base ID/IQ contracts award to firms under this solicitation. Individual projects under this contract will be awarded by task order. This solicitation also includes the initial two task orders which may also be awarded to one of the base contract awardees.

General Description of Work: This multiple award task order contract is to be utilized primarily within the Northeast Region. Multiple Award Task Order Construction (MATOC) contract for construction projects located in the following states: Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, West Virginia, Virginia and within the limits of the North Atlantic Division. The primary focus of the work will be, but not limited to the following locations: Ft Drum/Watertown NY; West Point, NY; the greater New York City area; Picatinny Arsenal, NJ; and Ft Lee, VA. The types of construction include, design/build, adapt/build, renovations and general construction of the following types of facilities: Barracks, Child Development Centers, Fitness Facilities, Warehouse, Administrative Office Buildings, Maintenance/Motor Pools, Medical Clinics, Weapons Research/Testing Facilities, Reserve Centers, Bridges, Roads, Chapels, Fire Stations, and any other non standard facility types. Development of the facilities includes Force Protection measures, communication, fire protection systems, electrical systems, HVAC and mechanical systems, landscaping/site work: consisting of access roads, parking, sidewalks, access drives, and all supporting utilities.

1.1.1. Task Orders

The scope of the initial task orders include all work required to design and construct a Fire Station and Child Development Center at Fort Drum, New York. The work shall be in accordance with the Request for Proposal (RFP) documents issued with the initial task orders, which are included in this solicitation and which offerors must submit prices in the bid schedule. All Future Task Orders can be for any type of facility listed in paragraph 1.1 above. Davis Bacon wages rates will be issued with the RFP for future Task Orders. Task Order One is Fire Station II and Task Order Two is Child Development Center, which is an American Recover and Reinvestment Act (ARRA) Project. ARRA clauses FAR 52.52.203-15 52.204-11, 52.215-2 Alt I, 52.225-21, 52.225-22, 52.225-23 and 52.225-24 only apply to the Child Development Center and any future ARRA Task Orders. Below is the description of the potential initial Task Orders to be awarded as seed projects under this solicitation.

Task Order No. 0001 Description of Work: Construction of a two company fire station for the Directorate of Emergency Services, Fire & Emergency Services Division, Fort Drum, New York and construction of a Child Development Center for MWR, Fort Drum, New York. The fire station building consists of five apparatus bays, dorm rooms for 10 fire fighters, administrative space for the fire officers and inspectors, physical training area, training classroom, Emergency Medical Service/decontamination area, latrines, laundry, various types of storage areas, extinguisher storage areas and detached storage building.

Task Order No. 0002 Description of Work: Construct a standard design Child Development Center for 126 children from 6 Weeks to 5 years of age. The 15,850 sf primary facilities includes a 16,670 sf outdoor activity area with playground equipment, installation of video surveillance systems, building information systems, and connection to energy monitoring and control system (EMCS). Access for individuals with disabilities will be provided. Heating will be provided by self-contained units. Supporting facilities for the fire station include:

utilities; electric service; fire protection and alarm systems; paving, walks, curbs and gutters; security lighting; storm drainage; information systems; and site improvements. Heating will be by natural gas. Comprehensive building and furnishings related interior design services are required. Antiterrorist/Force Protection (AT/FP) measures include laminated glass and standoff distances. Air Conditioning in the fire station for work and sleep areas only; (Estimated 22 Tons.) Supporting facilities for the Child Development Center include all utilities, paving, curbs and gutters, exterior lighting, storm drainage, information systems, and landscaping. Force protection measures include appropriate standoff distances, blast resistant glass, a mass notification system, perimeter barriers and vehicle control devices. Sustainable Design and Development (SDD) and Energy Policy Act of 2005 (EPAct05) features will be provided. Site improvements include providing fencing, and pedestrian walkways. Site layout will provide drop off area for and bus and provide for parking for caregivers, visitors and employees. The site will be graded for positive surface water drainage from building pad areas and pavements. Comprehensive building and furnishings related interior design services are required. Air Conditioning (Estimated 25 Tons).

1.2. CONTRACT TARGET COST FOR DESIGN AND CONSTRUCTION COSTS

The Contract Target Cost will be provided with the Request for Proposals (RFPs) for each individual requirement in Section 00 73 10. It is the Government's intent to award at full scope within the Contract Target Cost. Preferences shall only be provided in the Offeror's proposal if the price can be provided within or at the Contract Target Cost.

1.3. GOVERNMENT SECURITY REQUIREMENTS

NOT USED

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 to the Federal Business Opportunities website at: https://www.fbo.gov

It shall be the contractor’s responsibility to check the website 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) and available at: http://www.fbo.gov/ via Quick Search (Solicitation No. W912DS- 09-R-0012).

1.5. OFFEROR'S QUESTIONS AND COMMENTS

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

Contract Specialist – Support POC

U.S. Army Corps of Engineers, New York District

ATTN: Shaukat Syed

26 Federal Plaza, Room 1843; New York, NY 10278

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 Contract Specialist (Shaukat Syed) no later than Seven (7) calendar days after the site visit, in order that they may be given consideration or actions taken prior to receipt of offers.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

NAICS Code: 236210, Size Standard: $33.5M

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. SITE VISIT

The Government intends to hold a site visit on May 27, 2009. All participants will meet at Building 4884- located at 4884 Jones Street, Fort Drum, New York on May 27, 2009 at 0900 Phone: 315-772-6745. Specific details will be posted on the FedBizOpps website. The offeror must submit in writing, via fax or e-mail, the firm’s name, address, point of contact, telephone number, and number of personnel planning to attend to the following no later than five (5) working days prior to the site visit:

U.S. Army Corps of Engineers, New York District

ATTN: Phillip Favret

Building 4884 – located at 4884 Jones Street, Fort Drum, New York

Phone: 315-772-6745 Fax: 315-772-1566

Email: phillip.m.favret@usace.army.mil

All interested offerors are urged to attend.

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 Contract Specialist, Shaukat Syed at 917-790-8176 or the Contracting Office Main Desk, at 917-790- 8082, prior to delivering to the address shown below. On the date specified, and thirty minutes prior to the time specified on Standard Form SF 1442, Page 1, Item 9, a Contracting representative will be in room 1843 to accept proposals. At the time specified on Standard Form SF 1442, Page 1, Item 9, it will be announced that receipt of proposals is closed. Official time will be established by the clock located in the area where the proposals are received. 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.

See Standard Form SF 1442 for proposal due date and time

U.S. Army Corps of Engineers, New York District, Contracting Division

ATTN: Shaukat Syed

26 Federal Plaza, Room 1843, New York, NY

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W912DS-09-R-0012, 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).

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

(c) Electronic Format: Provide two CDs in read-only format, preferably using .pdf files. All price breakdown information to aid in the price evaluation shall be submitted in Excel format.

(d) Number of copies: Submit one original and Six (6) copies of drawings and printed matter (Bound Volumes), as well as Six (6) CDs. For Pro Forma information required: Submit the original and one copy and one separate 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.

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF

SMALL BUSINESS CONCERNS

NOT USED

1.14. BID GUARANTEE

A Bid Guarantee will be required for the initial Task Orders. The penal sum of the bond will be required as in provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

1.15. CONTRACT PRICES - BIDDING SCHEDULE

Payment for the various items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials and bonds (performance and payment), and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Bidding Schedule shall be included in the contract prices for the items listed.

1.16. SOLICITIATION PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-12 Notice of Buy American Act Requirement - Construction Materials Under Trade Agreements

FEB 2009

52.236-28 Preparation of Proposals--Construction OCT 1997 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(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.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of up to Four Indefinite Delivery Indefinite Quantity (IDIQ) Firm Fixed Price MATOC contract resulting from this solicitation.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Mr. Jerry Rifkin (Contracting Officer) US Army Corps of Engineers Contracting Division (CENAN-CT) 26 Federal Plaza, Room 1843 New York, NY 10278

(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: Phillip Favret Address: Building 4884 Jones Street, Fort Drum NY Telephone: 315-772-6745 Email: Phillip.M.Favret@usace.army.mil

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

00 22 11 (IDIQ)

31 March 2009

DESIGN-BUILD SELECTION PROCEDURES

1.0 OVERVIEW

2.0 BASIS OF AW ARD

3.0 STIPEND

4.0 GENERAL INSTRUCTIONS

4.3 PROPOSAL CONTENTS & RELATED EVALUATION FACTORS

5.0 VOLUME 1 - FACTOR 1 - PERFORMANCE CAPABILITY & PRO FORMA INFORMATION

5.1 VOLUME 1 - TAB A - PROPOSAL DATA SHEET

5.2 VOLUME 1 - TAB B - ORGANIZATION AND TECHNICAL APPROACH

5.3 VOLUME 1 - TAB C - PROPOSED TASK ORDER DURATION AND SUMMARY SCHEDULE

5.4 VOLUME 1 - TAB D - SPECIALIZED EXPERIENCE

5.5 VOLUME 1 - TAB E - PAST PERFORMANCE

6.0 VOLUME 2 - FACTOR 2 - DESIGN TECHNICAL

6.2 VOLUME 2 - TAB A - BUILDING FUNCTIONAL, AESTHETICS AND SPACE

6.3 VOLUME 2 - TAB B - QUALITY OF BUILDING SYSTEMS AND MATERIALS

6.4 VOLUME 2 - TAB C - SITE DESIGN

6.5 VOLUME 2 - TAB D - SUSTAINABILITY REQUIREMENTS

7.0 VOLUME 3 - PRICE

7.1 VOLUME 3 - TAB A - PRICE (Standard Form 1442 and Proposal)

7.3 VOLUME 3 - TAB B - BID GUARANTEE

7.4 VOLUME 3 - TAB C - EVIDENCE OF BONDABILITY

7.6 VOLUME 3 - TAB D - REPRESENTATIONS AND CERTIFICATIONS

7.7 VOLUME 1- TAB E - REQUIRED PRE-AWARD INFORMATION

8.0 EVALUATION PROCEDURES

8.1 SOURCE SELECTION EVALUATION BOARD (SSEB)

8.2 EVALUATION

8.3 EVALUATION AND RATING SYSTEM

8.4 DEFINITIONS

8.5 PAST PERFORMANCE RISK RATINGS

SECTION 00 22 11 ATTACHMENTS

1 – PROPOSAL DATA SHEETS

2 – COMPANY SPECIALIZED EXPERIENCE CONSTRUCTION OR PRIME CONTRACTOR

3 – COMPANY SPECIALIZED EXPERIENCE DESIGN FIRM OR IN-HOUSE DESIGN CAPABILITY

4 – PAST PERFORMANCE EVALUATION TELEPHONE INTERVIEW QUESTIONNAIRE

5 – LETTER OF COMMITMENT FOR DESIGN FIRM

6 – FORMAT FOR TABLE OF FACILITIES

7 – FORMAT FOR TABLE OF SPACES

1.0 OVERVIEW

1.1. The Government is looking for ways to streamline construction, manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule in executing task orders to meet the Army’s Transformation program goals of faster project execution at lower cost, while taking advantage of industry standards, means and methods.

1.2. The Government will evaluate the proposals in accordance with the evaluation criteria described herein. Price information will be evaluated for fairness, reasonableness, and for material unbalancing, as described herein. The proposal evaluation will be conducted in accordance with FAR Part 15.

1.3. Offerors will submit proposals for the initial task orders in accordance with Section 00 22 11.

2.0 BASIS OF AWARD (MATOC)

2.1. The prices will be evaluated based on the total for the Fire Station and Child Development Center. However, it is the Governments intent to award each project (seed) to a separate Offeror if it provides the best value to the Government. The Contracting Officer will award up to four firm fixed-price Indefinite Delivery Indefinite Quantity contracts to the responsible Offerors whose proposal the Source Selection Authority determines conforms to the solicitation, is fair and reasonable with regard to pricing for the initial task order, and whose proposal offers the best overall value to the Government, considering the price and non-price factors described herein. All evaluation factors, other than price, when combined, are considered significantly more important than the price. The intent of this solicitation is to obtain the best proposals within the target for the initial task orders. There is no obligation to approach or match the target in the offer. 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 strengths or betterments of the Offeror are a better value to the Government compared to the minimum criteria. After the Government individually evaluates and rates each proposal, the Contracting Officer/Source Selection Authority will compare proposals to determine which proposals represent the best value for award. Award of the first IDIQ and initial task orders will be made to the Offeror whose proposal is determined to represent the best overall value to the Government based on the evaluated ratings from the proposal. The Government reserves the right to accept other than the lowest priced offer or to reject all offers.

2.2. The Contracting Officer will award the subsequent contracts to the Offerors whose proposals are considered to represent the remaining best value to the Government based on the evaluated rating to meet the Government's intend to award up to 4 contracts.

2.3 The Government will not award a contract to an Offeror whose proposal contains a deficiency, as defined in

FAR 15.001.

2.4 Future Task Orders will be competed based on Technical requirements of the task order and Price.

3.0 STIPEND. No stipend will be offered for this solicitation.

4.0 GENERAL INSTRUCTIONS

4.1. Small Business HubZone Firms formally organized as design-build entities, design firms and construction contractors that have associated specifically for this project, consortia of firms may submit proposals. Associations may be as joint ventures or as key team subcontractors. Any legally organized Offeror may submit a proposal. The Offeror’s design entity is required to have professional architects and engineers, registered in the appropriate technical disciplines and the requirements specified in Section 00 72 00, ”Requirements for Registration of Designers”, must be met. All designs must be under the direct supervision of appropriately licensed professionals for each discipline involved.

4.2. Submit proposal in a tabbed, three-ring binder. Each volume shall have its own tabbed three-ring binder. Note that the Government will not evaluate any material that exceeds the specified page limitation.

4.3. PROPOSAL CONTENTS AND RELATED EVALUATION FACTORS & ELEMENTS

VOLUME 1 – PERFORMANCE CAPABILITY & PRO FORMA INFORMATION

Factor/ Element

Location Description Relative Importance

FACTOR 1 PERFORMANCE CAPABILITY 2nd Most Important Factor N/A Vol 1 Tab A Proposal Data Sheet Not Rated Element Vol 1 Tab B Organization and Technical Approach Not Separately Rated Element Vol 1 Tab C Proposed Task Order Duration and Summary

Schedule Not Separately Rated

Element Vol 1 Tab D Specialized Experience Not Separately Rated Element Vol 1 Tab E Past Performance Rated For Risk

VOLUME 2 – DESIGN TECHNICAL

Factor/ Element

Location Description Relative Importance

FACTOR

Volume 2 DESIGN TECHNICAL Most Important Factor

Element Vol. 2 Tab A Building Functional, Aesthetics and Space Not Separately Rated Element Vol. 2 Tab B Quality of Building Systems and Materials Not Separately Rated Element Vol. 2 Tab C Site Design Not Separately Rated Element Vol. 2 Tab D Sustainability Not Separately Rated

VOLUME 3 – PRICE

Factor/ Element

Location Description Relative Importance

Vol. 3 Tab A

Price (Standard Form 1442 and Proposal Bid Schedules)

N/A Vol. 3 Tab B Bid Guarantee Not Rated N/A Vol. 3 Tab C Evidence of Bondability Not Rated N/A Vol 3 Tab D Representations and Certifications Not Rated N/A Vol 3 Tab E Required Pre-Award Information Not Rated

5.0 VOLUME 1 - FACTOR 1 - PERFORMANCE CAPABILITY & PRO FORMA INFORMATION

5.1. VOLUME 1 - TAB A - PROPOSAL DATA SHEET

5.1.1. SUBMISSION REQUIREMENTS: Submit the completed proposal data sheet (See Attachment 1, provided at the end of this Section) and Joint Venture Agreement (if applicable).

5.2. VOLUME 1 - TAB B - ORGANIZATION AND TECHNICAL APPROACH

5.2.1. SUBMISSION REQUIREMENTS:

5.2.1.1. This information should address the Offeror’s organization and intended technical approach to executing the contract and design-build task orders. Demonstrate an understanding of the risk management process associated with design-build process. Limit the information to fifteen pages or less clearly but concisely describe the organizational and technical approach to project management and execution.

5.2.1.2. Organization: Describe the team members, their resources, how their resources will be utilized, and their roles and responsibilities. Include a general description of the work the Offeror will self-perform to be compliant with the requirements of the FAR Part 52.236-1 (15%) applicable to this solicitation (See Section 00 73 00).

Generally describe the items the Offeror will self-perform to comply with the requirements in 00 73 00, paragraph

1.3. Discuss the Offeror’s ability to perform concurrent work at multiple sites.

5.2.1.3. Technical Approach for Design-Build: Describe the technical approach to design and build this facility type.