W912DS-12-B-0002 Amend 07.pdf

W912DS-12-B-0002

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this Amendment is to:

1. CANCEL IFB No. W912DS-12-B-0002 in accordance with Subsection (c)(6) of FAR 14-404-1 "Cancellation of Invitations After Opening" in its entirety, and CONVERT it to Negotiated Procurement in accordance w ith Subsection (e)(1) of FAR 14-404-1.

2. Issue the Revised Price Schedule.

3. Make changes to the Drawings.

4. Make changes to the Specifications.

5. Incorporate FAR Part 15 Negotiated Procurement clauses and add Design-Build clauses.

Only those contractors who submitted bids for IFB No. W912DS-12-B-0002 will be permitted to enter into negotiations. Proposals are due no later than 10:30 a.m. EST (New York Time) / 1630 hrs. Denmark Time on 27 February 2012, and may be sent via facsimile (FAR 52.214-13) at 212-264-3013 OR by e-mail to ALL of the following: Francis.Cashman@usace.army.mil, Loretta.E.Parris@usace.army.mil, AND Matthew.Lubiak@usace.army.mil.

SEE CONTINUATION PAGE...

1. CONTRACT ID CODE PAGE OF PAGES

J 1 38

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

16C. DATE SIGNED

BY 16-Feb-2012

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DS-12-B-0002

X 9B. DATED (SEE ITEM 11)

13-Dec-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

16-Feb-2012

CODE

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The following have been added by full text:

REVISED PRICE SCHEDULE

CONTINUED FROM BLOCK 14:

The offeror acceptance period is 30 Days from submission of the proposal.

NOTE: Offerors must acknowledge receipt of this amendment by the date specified in the proposal (or as amended) by one of the following methods: In the space provided on the SF 1442, by separate letter, by telegram, or by signing block 15 below. FAILURE TO

ACKNOWLEDGE AMENDMENT BY THE DATE AND TIME SPECIFIED MAY RESULT

IN REJECTION OF YOUR PROPOSAL IN ACCORDANCE WITH THE LATE PROPOSAL,

LATE MODIFICATION OF PROPOSAL, OR LATE WITHDRAWAL OF PROPOSAL (FAR

15.208).

PRICE SCHEDULE

FY12 Dormitory (72 Room) Thule AB, Greenland

NOTE: Offerors must submit any Betterment deductions using the attached Schedule Addendum PDF file with the Price Proposal.

ITEM

NO 0001

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

1 Lump Sum

FY12 Construct Dormitory Thule Air Base: All work (includes all plant, labor, and material) for the FY12 Dormitory as described in the plans and specifications, except the 3rd floor will not be finish-out (Option 1 and Option 2, CLIN 0006 and 0008, respectively, will be the finish-out effort for the 3rd floor, thus not included in this line item). Please refer to Drawings U-003 and U-004 for further description of the Basic Work.

AMOUNT

NO 0002

FY12 Construct Dormitory Thule Air Base: Site work, all work outside the five-foot line of the building perimeter, inclusive of demolition (As defined by the Civil (C-series) drawings and specifications)

NO 0003

FY12 Dormitory Thule Air Base: All work for the Final Record Drawing Submission (See paragraph 11 of Section 00800).

_________83,700 DKK

NO 0004

FY12 Dormitory Thule Air Base: Transportation: All Government Furnished Transportation From Norfolk, Virginia to Thule Air Base.

Transportation from the supplier to port of Norfolk, VA. See Section 00800 paragraph 75, page 88 of 94 and Appendix K for rates.

If using Government provided Transportation, provide Tonnage:

Volume from Norfolk, Virginia to Thule Air Base

___________________(MT)

Volume from Thule Air Base to Norfolk, Virginia

NO 0005

FY12 Dormitory Thule Air Base: Transportation: From Denmark to Thule AB and Thule AB to Denmark

NO 0006

FY12 Dormitory Thule Air Base: Defense Base Act (DBA) Insurance.

NO 0007

OPTION OPTIONAL ITEM No. 1

FY12 Dormitory Thule Air Base: All labor and materials for all interior finish-out work, complete, for the 3rd floor EAST Side (Part B as defined on the plans) of the Dormitory. Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark. Please refer to Drawings U-003 and U-004 for further description of the Optional Items.

NO 0008

OPTION OPTIONAL ITEM No. 2

FY12 Dormitory Thule Air Base: All labor and materials for all interior finish-out work, complete, for the 3rd floor WEST Side (Part A as defined on the plans) of the Dormitory inclusive of the Central Area. Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark.. Please refer to Drawings U- 003 and U-004 for further description of the Optional Items.

NO 0009

OPTION OPTIONAL ITEM No. 3

FY12 Dormitory Thule Air Base: Deduct labor and materials for all work associated with removal of 6 “B” Type units, as shown on the plans.

Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark..

If using Government provided Transportation, provide reduction in Tonnage:

NO 0010

OPTION OPTIONAL ITEM No. 4

FY12 Dormitory Thule Air Base: Deduct labor and materials for all work associated with removal of 12 “D” Type units, as shown on the plans.

Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark..

If using Government provided Transportation, provide reduction in Tonnage:

NO 0011

OPTION OPTIONAL ITEM No. 5

FY12 Dormitory Thule Air Base: Purchase, deliver, and install Furnishings and Appliances, per CID Package. Inclusive of transportation from Norfolk, Virginia and/or Denmark to Thule AB and return to Norfolk, Virginia and/or Denmark.

NO 0012

OPTION OPTIONAL ITEM No. 6

FY12 Dormitory Thule Air Base: Deduct Transportation of all laborers from Denmark to Thule and Thule to Denmark. (Transportations may be provided by Government, see Appendix J for schedule of flights.)

NO 0013

OPTION OPTIONAL ITEM No. 7

FY12 Dormitory Thule Air Base: Deduct Defense Base Act (DBA) Insurance.

TOTAL AMOUNT:

TOTAL BASE PRICE FOR LINE ITEMS 0001- 0006

TOTAL BASE PRICE WITH OPTIONAL LINE ITEMS 0001 – 0013

NOTES:

1. All goods must be wrapped accordingly. It should be protected to withstand handling as well as storage and transportation by sea. Due to packing in containers, in warehouse and on ship every package must be able to withstand a pressure from above of at least it's own weight. If you have any questions please contact Royal Arctic Line Helle Christensen by phone: 99 30 32 26 or by e-mail: hch@ral.dk.

2. “Transportation from Denmark” means that the U.S. Embassy will provide a ship from Denmark to Thule AB,GL; however, it is not free. This is not considered Government Furnished Transportation.

3. Amounts must be in Danish Kroners.

4. Contractors not utilizing Government Furnished Transportation shall include shipping costs in their Base Items, as applicable. In such cases, the price schedule should be marked “NOT

APPLICABLE”.

5. The Contractor shall be billed for all quantities over the tonnage stated in the items for Government Furnished Transportation or shall ship at his own expense through private carrier all items over the amounts stated in the items.

6. CLIN 0004 and optional items 1 thru 5 also include a non monetary estimates of anticipated volume being shipped using government provided sealift. Since the sealift is free to use by the contractors the port needs to know the anticipated volume of goods being shipped so that adequate space is reserved on the vessel being chartered.

7. CLIN 0004 will be used in the evaluation of proposals but will not be included as part of the award amount. The contractors are required to price this line item, refer to Appendix K for rates.

8. The Basis of evaluation will be the lowest responsive/responsible offeror calculated based on ABSOLUTE VALUES of each CLIN: Base (sum of CLIN 0001 thru 0006) plus Option No 1 (CLIN 0007) plus Option No 2 (CLIN 0008) minus Option No 3 (CLIN 0009) minus Option No 4 (CLIN 0010) plus Option No 5 (CLIN 0011) minus Option No 6 (CLIN 0012) minus Option No 7 (CLIN 0013).

9. Offerors are required to propose on the Base and all Optional Items or their offers will be rejected.

10. Offerors are reminded that they must propose on the issued plans and specifications as amended.

Any deviations, conditions or attachments made by the offeror himself thereto may render the offer non-responsive and be cause for its rejection.

11. Options #3 and #4 (CLIN 0009 and CLIN 0010) are deductive Options that shall reduce the total building dimensions as noted on the plans and specifications.

12. Option #3 MAY ONLY be awarded if Option #2 has been awarded.

13. Option #4 MAY ONLY be awarded if Option #1 has been awarded.

14. Option #1 thru Option #4 and Option #6 thru Option #7 may be exercised any time prior to 120 calendar days after award of the contract.

15. Option #5: At any time prior to 420 calendar days after award of the contract, the Government at its option, may direct the Contractor, by written order, to perform the work and/or services provided under this Option. Execution of this option will not alter the project completion date of the contract.

16. All pallets and containers used for the transportation of contractor’s cargo from Denmark shall be the contractor’s responsibility and the contractor’s expense.

17. Line Item Number 0003 is pre-priced at 83,700 DKK, it’s a firm fixed line item, and the price shown may not be changed, see paragraph 11(i) of Section 00800.

The following have been deleted:

BID SCHEDULE REVISED/REISSUED

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

EVALUATION FACTORS

SECTION 00110

FACTORS FOR EVALUATION

BASIS OF AWARD, EVALUATION CRITERIA, RATING SYSTEM AND DEFINITIONS

1.0 NOTICE TO OFFERORS

1.1 Acquisition

1.1. This is a “Best Value - Lowest Price Technically Acceptable” solicitation, in accordance with FAR 15.101-2, for the New Dormitory (PN72) at Thule Air Base, Greenland. 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, lowest price technically acceptable, to the Government.

1.2 Target

The targeted price range of the proposed work is valued between $24,000,000 and $25,000,000.

Offerors are under no obligation to approach this amount.

1.3 Who May Submit - Only the bidders who submitted bids on 8 February 2012 at the original Bid

Opening for this project.

1.4 Professional Registration - Not Used.

2.0 PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

2.1 Proposal Requirements and Submission

Proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Two (2) separate volumes shall be submitted as Volume I - Technical Proposal and Volume II - Price Proposal. Do not assume that Offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals

Do not submit any material not required by this solicitation (such as company or system brochures).

It is assumed that the Offerors will meet all technical portions (construction criteria) of the RFP.

The fact that the technical specifications and the drawings are not evaluated factors during solicitation does not relieve the Offerors from meeting all technical, or other, requirements of the

RFP.

2.2 Where to Submit

Offerors shall submit their proposal packages to the Corps of Engineers (USACE) at the address shown in Block 7 of Standard Form 1442. Also, Offerors will be permitted to fax their proposals to

USACE.

2.3 Submission Deadline

The USACE must receive proposals not later than the time and date specified in Block 13 of Standard Form 1442.

2.4 Incurring Costs

The Government is not liable for any costs incurred by the Offerors submitting an offer in response to this solicitation.

2.5 Format Requirements

All proposals shall contain the volume number and the name, address and telephone number of the Prime and Subcontractors, Joint Venture, or other entity identified on the cover. Proposal clarity and material organization in each volume are mandatory. No material shall be incorporated by reference. The proposal shall address and contain the information listed below.

The information will be used by the Source Selection Board to evaluate each proposal. Offerors are advised that conciseness and relevance of the proposal is important and unrelated information will not be evaluated. Proposals that provide only superficial coverage of the information required below, may not receive additional consideration and may be excluded from the competitive range.

Additionally, should the proposal include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the proposal may be determined to be "unacceptable" and thus ineligible for award.

3. VOLUME 1 – TECHNICAL PROPOSAL PORTION

3.1. FACTOR 1 - CONTRACTOR PAST RELEVANT EXPERIENCE -

The Offeror will demonstrate past experience of construction by providing recent and relevant construction experience. The Contractor (or their major Subcontractor(s)) as a team shall demonstrate two (2) examples of relevant projects not less than 75% complete or physically completed within the last ten (10) years. Submit no more than 2 examples. Relevant projects are those which are similar in scope, magnitude and complexity.

Scope: Examples of acceptable type projects are past construction of buildings that are two or more stories high and that required all building utilities to be installed, such as heating and cooling systems, sewer, sanitary and communication systems, etc. Such facilities could have been administration buildings, hospitals, schools, etc. Additionally, the facilities should have been constructed in the arctic-type climate weather.

Magnitude: Shall be at least 28,000,000 Kroner in construction value.

Complexity: Multi-trades would have been required to build the facilities.

Offerors’ experience must use the Construction – Specialized Experience form – (Attachment 1).

Rating Guidelines for Factor 1:

The government will not award to an Offeror that receives an unacceptable rating for this factor.

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable: Proposal does not clearly meet the minimum requirements of the solicitation

3.2. FACTOR 2 - CONTRACTOR PAST PERFORMANCE

The Government will determine whether the offeror has a satisfactory history of past performance by reviewing CCAS reports, discussions with other clients, and any information submitted by the offeror.

The offeror is invited to submit any letters of recommendation from past clients or past performance questionnaires to aid the government in this determination.

The offeror is required to submit information concerning any Cure Notices or terminations of any contracts it received within the past 5 years. The submitted information should indicate the nature of the action (Cure Notice or Termination) the name of the project, name of client, and Point of Contact (POC) information and an explanation of the action and what actions the offeror has taken to improve its performance.

Rating Guidelines for Factor 2

The Government will not award to an Offeror that receives unacceptable rating in this factor:

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

3.3. FACTOR 3 – BETTERMENTS

The contractors are encouraged to propose innovative ways of construction that will reduce the overall construction cost, however, WITHOUT diminishing the structural, functional and thermal integrity of the building.

The contractors can propose alternative material(s) and/or product(s) as well as means and methods of construction, however, they shall include detailed technical information outlining whether or not the material(s) and/or product(s) meet the requirements of the specifications. Contractors shall be specific in identifying the equivalency and/or short comings of product(s) and/or material(s). The Government, at its discretion, will review and make a determination whether the proposed material(s) and/or product(s) can be substituted.

The alternate items shall include proposed price reduction to the project with the price proposal. The reduction in price shall be listed per item proposed and the CLIN it applies to. If an item applies to more than one CLIN it shall be appropriately broken out and noted. Refer to Price Schedule Addendum.

To facilitate the government's review of the betterments, the offerors are encouraged to submit information concerning this factor prior to the proposal due date. The proposed betterments shall be described clearly and completely so that the review process can be expedited given that no futher discussions are planned.

As part of the betterments the contractors are asked to investigate an alternative foundation system, at-freeze/end bearing piles, see Appendix G for geotechnical investigation report and Appendix I for governing foundation forces. The contractor will be responsible for complete design of the alternate foundation system should it be approved and selected by the Government. For the proposal the contractor shall outline the means and methods of pile foundation design and construction. As part of the pile foundation design submission the contractors are required to provide credentials of their design team, i.e. Geotechnical Engineer and Structural Engineer. Both should demonstrate experience in permafrost environment and pile foundations design.

Rating Guidelines for Factor 3

Acceptable betterment: The betterments do not diminish the structural, functional and thermal integrity of the building. Factor 3 betterment(s) shall include detailed technical information outlining whether or not the material(s)/product(s) meet the requirements of the specifications and credentials of the design team are presented.

Unacceptable betterment: The betterment does (in some way) diminish the structural, functional or thermal integrity of the building. Factor 3 betterment(s) does not include enough detailed technical information outlining whether or not the material(s)/product(s) meet the requirements of the specifications for the TEB to be able to make a determination and the design team credentials are not provided.

Neutral: No betterments are proposed.

VOLUME 2 - PRICE PROPOSAL PORTION *

Factor/Sub Location Description

Factor

N/A Vol. 2 TAB A Price (Standard Form 1442 and Proposal Bid Schedules)

N/A Vol. 2 TAB B Bid Bond

N/A Vol. 2 TAB C Required Pre-Award Information

N/A Vol. 2 TAB D Price Breakdown Sheet

N/A Vol. 2 TAB E Representations and Certifications

*NOTE - The Government will evaluate price independently from the technical evaluation. Price will not be rated, but will be evaluated for fairness and reasonableness through the use of a price analysis.

The price proposal and addendum shall be submitted in a separate binder/folder labeled "Volume II – Price Proposal". The sections shall parallel the submission requirements identified in the bid schedule

Submit the Pro Forma information labeled: “Volume II - Pro Forma Requirements.”

4. DEFINITIONS

4.1. Deficiency

A material failure of a proposal to meet a Government requirement, where correction of this error is not possible without major revisions to the proposal, or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level or when a failure to meet the RFP requirements is a life/safety issue.

4.2. Weakness

A flaw in the proposal that increases the risk of unsuccessful contract performance but is easily correctable. Successful contract performance is defined by customer satisfaction.

4.3. Significant Weakness

As flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Successful contract performance is defined by customer satisfaction.

4.4 Uncertainty

Any aspect of the proposal for which the intent of the Offeror is unclear because there may be more than one way to interpret the offer or because inconsistencies in the offer indicate that there may be an error, omission, or mistake.

4.5. Deviation

Proposal implies or specifically offers a deviation below the specified criteria. The Offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

4.6 EVALUATION RATING SYSTEM -

4.6.1. General: The Government will review the proposals and rate the quality of each evaluation factor.

The SSEB will rate each proposal against the specified evaluation criteria in the Solicitation requirements.

They will not compare proposals.

4.6.2. Review Write-up: The Government will support each rating with a narrative, separately listing all strengths or advantages, weaknesses or disadvantages, deficiencies, and required clarifications.

5.0 BASIS OF AWARD

5.1. The Government will award a firm fixed price contract to the responsible Offeror whose technically acceptable proposal represents the lowest price.

5.2. The basis of award will be the Government’s assessment as to which proposal is determined to be technically acceptable and is the lowest price determined fair and reasonable through the use price analysis. Offerors that do not receive an acceptable rating (technically acceptable), will not be selected, regardless of their price (lowest Offeror may not be selected).

5.3. Offerors have been reminded to include their best technical and price terms in their initial offer and not to automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government may make award of an acceptable proposal without further discussions, if deemed to be in the best interests of the Government.

5.4 In order for the Offeror to be considered Technically Acceptable the Offeror shall be acceptable in Factor 1 and acceptable or neutral in Factor 2. Factor 3 will not be considered in determining whether offeror is technically acceptable.

5.5 An independent Technical Evaluation Board will review the proposed betterments, the methods and/or materials proposed to be used along with the designer’s credentials An independent determination will be made of which firms are deemed Technically Acceptable by the Source Selection Authority. The lowest price will be determined on the basis of the initial price schedule and any betterments/deducts accepted by the Government.

6.0 REVELANT PROJECT INFORMATION SHEET

PRIME CONTRACTOR/SUBCONTRACTOR EXPERIENCE

Offeror’s Name: _______________________________________________________________________

Project Name: ________________________________________________________________________

Project Location: ______________________________________________________________________

Project Size (i.e.; square foot area): ________________________________________________________

Project Description (scope and complexity): _________________________________________________

Facility Type (i.e.; office, educational, etc.): _________________________________________________

Role (i.e. prime, joint venture, sub-contractor) and work Company/Firm self-performed on this project:

Project Award Amount: _________________ Project Completion Amount: ______________________

Project Original Contract Duration and Completion Date: ______________________________________

Project Final Contract Duration and Completion Date: _________________________________________

Client/Agency (if Government, give contract number and name of Contracting Officer):

Client/Agency Point of Contact, Phone Number and Address (if Government, give contract number and name of Contracting Officer):

Construction Contractor and Subcontractor(s): ______________________________________________

7.0 PAST PERFORMANCE CUSTOMER QUESTIONNAIRE

The Offeror/Contractor listed is being considered in a Source Selection by the US Army Corps of Engineers, New York District. This is a request for past performance information on a project the Offeror has identified as being relevant to this solicitation. This information will be used in the evaluation of the Offeror's performance of that project. The following information, once submitted, will be treated as confidential and will not be released. This information will only be used to evaluate this Offeror for this solicitation. Please complete and return the forms to the US Army Corps of Engineers, New York District at the following mailing address or via fax to (917-790-8708 (Attn: Ivan Damaso):

US Army Corps of Engineers, New York District Attn: Contracting Division, Room 1843 Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278-0090

Ivan.V.Damaso@usace.army.mil and matthew.lubiak@us.army.mil

USACE PAST PERFORMANCE QUESTIONNAIRE

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture

Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS.

CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or E VG S M U N priority, including planning, execution and response to Government changes

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client E VG S M U N

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

E VG S M U N

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements.

E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor. E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks.

Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

Return to:

US Army Corps of Engineers, New York District Attn: Contracting Division, Room 1843 Jacob K. Javits Federal Building 26 Federal Plaza New York, NY 10278-0090

Ivan.V.Damaso@usace.army.mil and matthew.lubiak@us.army.mil

Dormitory (72 Person) Thule Air Base, Greenland

W921DS-12-B-0002

Amendment 0007

The following changes shall be made to the drawings and specifications.

a.) DRAWINGS:

1. The following DRAWINGS have been REVISED but NOT REISSUED:

None

2. The following DRAWINGS have been REVISED and REISSUED:

None

3. The following DRAWINGS have been ADDED:

None b.) SPECIFICATIONS:

1. The following SPECIFICATION SECTIONS have been ADDED and are provided in their entirety herein:

- Appendix G – Geotechnical Investigation Report

- Appendix H – NFS Material Borrow Site

- Appendix I – Governing Foundation Forces

- Appendix J – Flight Schedule (Gov Furnished)

- Appendix K – Shipping Rates from Norfolk VA to Thule AB

2. The following SPECIFICATIONS SECTIONS have been DELETED in their entirety: None

3. The following SPECIFICATIONS SECTIONS have been REVISED and REISSUED:

- Section 00010 – Solicitation Contract Form is replaced in its entirety.

4. The following SPECIFICATIONS have been REVISED but NOT REISSUED:

- Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS - replace paragraph

1.5.1.1 - Site Safety and Health Officer (SSHO) in its entirety with the following:

“Provide a site Safety and Health Officer (SSHO) at the work site at all times to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The Contractor Quality Control (QC) person can be the SSHO on this project. SSHO may share the role of site superintendent.

SSHO shall meet the following requirements within the SSHO: Level 3:

A minimum of 5 years safety work on similar projects.

30-hour OSHA construction safety class or equivalent within the last 5 years.

An average of at least 24 hours of formal safety training each year for the past 5 years.

Competent person training as needed.

If the contractor elects to have only one individual with shared roles, that individual shell meet the specified qualifications of each role.”

- Section 00 80 00.00 18 SPECIAL CONTRACT REQUIREMENTS – replace paragraph 1 (c) in its entirety with the following: “c. The Contractor shall furnish all labor, materials, equipment and services (except those furnished by the Government) for the following work: Construction of a new Dormitory (72 Person).”

- Section 00 80 00.00 18 SPECIAL CONTRACT REQUIREMENTS – replace paragraph 1 (e) in its entirety with the following: “e. Magnitude of construction Project: The targeted price range of the proposed work is valued between $24,000,000 and $25,000,000.”

- Section 00 80 00.00 18 SPECIAL CONTRACT REQUIREMENTS – add the following subparagraph “i” to paragraph 1 - Commencements, Prosecution And Completion Of Work: “i. The Non Frost Susceptible (NFS) material is available at Thule. The material is free, however the contractor will have to process the material to achieve the proper gradation as required by the specifications. Please refer to Appendix H for location of the NFS Borrow Site.”

c.) DESIGN-BUILD CLAUSES:

The following clauses have been ADDED. THESE CLAUSES ARE FOR BETTERMENTS

ONLY:

KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR

CONSULTANTS - AUG 1997

In connection with the services covered by this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to the individuals or firms that were specifically identified and agreed to during negotiations. The contractor shall obtain the Contracting Officer’s written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants.

(End of Clause)

RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN - MAY 2002

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contact shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) – MAY 2002

(a) The Contractor warrants that the design shall be performed in accordance with the Contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF

THE CONTRACTOR FOR DESIGN”.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

WARRANTY OF CONSTRUCTION WORK – AUG 1997

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, or workmanship.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice:

(2) Require all warranties to be executed, in writing, for the benefit of the

Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the

Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and

Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a.) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed and concurred design, before proceeding with the revision.

(b.) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed and concurred design.

(c.) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence. The Government reserves the right to disapprove such a revision.

(d.) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e.) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

52.227-7022 GOVERNMENT RIGHTS (UNLIMITED)(DFARS, Mar 1979)

The Government shall have unlimited rights in all drawings, designs, specifications, notes and all other works developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor.

The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.

d.) E-MAIL PROPOSALS:

Offerors may submit proposals via e-mail as responses to this solicitation. E-mail proposals are subject to the same rules as paper proposals.

The e-mail addresses to be used are francis.cashman@usace.army.mil;

loretta.e.parris@usace.army.mil; and matthew.lubiak@usace.army.mil.

If any portion of the e-mail proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document—

(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

The date and time that the proposal is due is stated on the SF-30 Amendment cover page.

SECTION 00700 - CONTRACT CLAUSES

52.214-13 TELEGRAPHIC BIDS (APR 1984)

(a) Bidders may submit telegraphic bids as responses to this solicitation. These responses must arrive at the place, and by the time, specified in the solicitation.

(b) Telegraphic bids shall refer to this solicitation and include the items or subitems, quantities, unit prices, time and place of delivery, all representations and other information required by this solicitation, and a statement of agreement with all the terms, conditions, and provisions of the invitation for bids.

(c) Telegraphic bids that fail to furnish required representations or information, or that reject any of the terms, conditions, and provisions of the solicitation, may be excluded from consideration.

(d) Bidders must promptly sign and submit complete copies of the bids in confirmation of their telegraphic bids.

(e) The term "telegraphic bids," as used in this provision, includes mailgrams.

(End of provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)—ALTERNATE II

(OCT 1997)

(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, 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, or revision of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and…