Amendment_R0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Solicitation Number: W912DW-17-R-0007, Amendment 0001

The purpose of this amendment is to reflect the additions and changes to the solicitation.

SEE ATTACHED SUMMARY OF CHANGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 18-Aug-2017

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 W912DW-17-R-0007

X 9B. DATED (SEE ITEM 11)

18-Jul-2017

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

18-Aug-2017

CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DW-17-R-0007

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION/CONTRACT FORM

The standard size code $15,000,000 has been added.

The required response date/time has changed from 29-Aug-2017 02:00 PM to 01-Sep-2017 02:00 PM.

The Issued By organization has changed from

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

to

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

The following have been added by full text:

SUMMARY

1. This amendment one (0001) provides for the following changes:

a. Standard Form (SF) 1442 is included;

b. Section 00 73 00 is provided;

c. Section 00 10 00-A is revised.

2. The current proposal due date of 29 August 2017 at 2:00PM PST, will be extended to 1 September 2017 at

2:00PM PST.

3. NOTICE TO OFFERORS: Offerors must acknowledge receipt of this amendment by number and date on proposal. Please mark outside of envelope in which your offer is enclosed to show amendment received.

4. The attached revised sections are to be replaced in their entirety. Specifications changes are generally identified, for convenience, either by strikeout for deletions, and double underlining of text for additions or a single dark line in the margin. All portions of the revised sections shall apply whether or not changes have been indicated.

Encl:

SF1442

Section 00 73 00

Section 00 10 00-A

(End of Summary of Changes)

(End of Summary of Changes)

SUSAN F NEWBY 206-764-6754

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

18-Jul-2017

(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 _______10 calendar days and complete it w ithin ________900 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect 00 73 00

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 __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________01 Sep 2017 (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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CECT-NWS

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

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)

FAX:TEL: TEL: FAX:

W912DW-17-R-0007 39

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

JBLM Decentralize Heating Plants 16008 Joint Base Lewis-McChord, WA W912DW-17-R-0007

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 1.1 REFERENCES

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

1.3 Exception To Completion Period(s)

1.4 Option For Increased Quantity

1.5 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

1.6 VARIATION IN ESTIMATED QUANTITY (FAR 52.212-11)

1.7 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.8 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

1.8.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

1.8.2 Environmental Liability

1.9 PHYSICAL DATA (FAR 52.236-4)

1.10 QUANTITY SURVEYS (FAR 52.236-16)

1.11 LAYOUT OF WORK (FAR 52.236-17)

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

1.13 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5000)

1.14 FIELD OFFICE OVERHEAD

1.14.1 Per Diem Rate

1.14.2 Percentage Markup

1.15 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

1.16 EPA ENERGY STAR

1.17 PROPRIETARY REFERENCES

1.18 PERFORMANCE EVALUATIONS

1.19 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1)

1.20 PARTNERING (UAI 52.236-5009)

1.21 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

1.22 ORDER OF PRECEDENCE - DESIGN/BUILD CONTRACT

1.23 LIMITATION OF PAYMENT FOR DESIGN

1.24 TECHNICAL PROPOSAL - COPIES TO BE FURNISHED UPON AWARD

1.25 COMPLIANCE CERTIFICATION

1.26 PROPOSED BETTERMENTS

1.27 SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR

1.28 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (UAI 52.236-5004)

1.29 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (UAI

52.236-5005)

1.30 CONTRACTOR'S ROLE DURING DESIGN (UAI 52.236-5007)

1.31 DEVIATING FROM THE ACCEPTED DESIGN (UAI 52.236-5006)

1.32 GOVERNMENT RE-USE OF DESIGN (UAI 52.236-5010)

1.33 GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS AND SURVEYS IN THE

REQUEST FOR PROPOSAL (JUL 2002) (UAI 52.236-5002)

1.34 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(JUL 2003) (UAI 52.236-5003)

PART 2 PRODUCTS

PART 3 EXECUTION

DOCUMENT 00 73 00 Page 1

R0001

-- End of Section Table of Contents --

DOCUMENT 00 73 00 Page 2

SECTION 00 73 00

SPECIAL CLAUSES

PART 1 GENERAL

1.1 1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-8 (2014) Construction Equipment Ownership and Operating Expense Schedule

ER 415-1-15 (1989) Construction Time Extensions for Weather

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10)

The Contractor shall be required to (a) commence work under this Contract within 10 calendar days after the date the Contractor receives the initial Notice to Proceed for design, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than nine hundred (900) calendar days after date of receipt by Contractor of initial Notice to Proceed for design. The time stated for completion shall include final cleanup of the premises. At award, the successful offeror's proposed schedule may be added to the Contract via alterations to the Contract page and shall supercede the schedule shown above to become the Contract completion schedule.

1.3 Exception To Completion Period(s)

In case the Contracting Officer determines that completion of seeding, sodding, and planting, and establishment of same is not feasible within the completion period(s) stated above, accomplish such work in the first planting period following the contract completion period and shall complete such work as specified, unless other planting periods are directed or approved by the Contracting Officer.

1.4 Option For Increased Quantity

a. The Government may increase the quantity of work awarded by exercising one or more of the Optional Bid Item(s) at any time, or none at all, but no later than ninety (90) calendar days after receipt by Contractor of Notice to Proceed for the base items. Notice to Proceed on work Item(s) added by exercise of the option(s) will be given upon execution of consent of surety.

b. The parties hereto further agree that any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail.

c. The time allowed for completion of any optional items awarded under

DOCUMENT 00 73 00 Page 3 this contract will run concurrently with the performance period for the base item(s), and will be measured from the date of receipt of the Notice to Proceed for the base item(s).

1.5 LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12)

a. If the Contractor fails to complete the work within the time specified in the Contract, the Contractor shall pay liquidated damages to the Government in the amount of $905.00 for each calendar day of delay until the work is completed or accepted.

b. If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause of the CONTRACT CLAUSES.

Exception to Liquidated Damage: If the Contracting Officer determines that completion of work stated above in Paragraph EXCEPTION TO COMPLETION PERIOD(S) is not feasible during the contractual completion period(s), such work will be exempted from liquidated damages.

1.6 VARIATION IN ESTIMATED QUANTITY (FAR 52.212-11)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

1.7 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "Default (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the Contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

Per ER 415-1-15, the following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the

DOCUMENT 00 73 00 Page 4 base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

JOINT BASE LEWIS-MCCHORD MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

|JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC |

| 9 8 8 4 2 3 1 2 4 7 10 10 |

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractors' scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated, as mentioned above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract clause entitled "Default (Fixed Price Construction)".

1.8 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this Contract, at least the kinds and minimum amounts of insurance required in the Insurance Liability Schedule or elsewhere in the Contract.

b. Before commencing work under this Contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective:

1. For such period as the laws of the State in which this Contract is to be performed prescribe; or

2. Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph, in subcontracts under this Contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the Contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

1.8.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

a. Workers' compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational

DOCUMENT 00 73 00 Page 5 diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when Contract operations are so commingled with a Contractor's commercial operation that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

b. General Liability:

1. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

2. Property damage liability insurance shall be required only in special circumstances as determined by the agency.

c. Automobile liability: The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

d. Aircraft public and passenger liability: When aircraft are used in connection with performing the Contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

e. Vessel liability: When Contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

1.8.2 Environmental Liability

If this Contract includes the transport, treatment, storage, or disposal of hazardous material waste the following coverage is required.

The Contractor shall ensure the transporter and disposal facility have liability insurance if effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000.00 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.

1.9 PHYSICAL DATA (FAR 52.236-4)

Data and information furnished or referred to below is for the Contractor's

DOCUMENT 00 73 00 Page 6 information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. Physical Conditions: The indications of physical conditions on the drawings and in the specifications are the result of site investigations by test pits shown on the drawings.

b. Weather Conditions: Each bidder shall be satisfied before submitting his bid as to the hazards likely to arise from weather conditions.

Complete weather records and reports may be obtained from any National Weather Service Office.

c. Transportation Facilities: Each bidder, before submitting his bid, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work.

d. Right-of-Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense.

e. Condition of Area: The condition of the area when last surveyed is shown on the drawings. Topography is in feet and represents elevation with vertical reference as shown on the drawings.

f. Datum and Bench Marks: The plane of reference as used in these specifications is that determined by the benchmarks as shown on the drawings.

1.10 QUANTITY SURVEYS (FAR 52.236-16)

a. Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

b. The Contractor shall conduct the original and final surveys and surveys for any periods for which progress payments are requested. All these surveys shall be conducted under the direction of the Contracting Officer Representative, unless the Contracting Officer waives this requirement in a specific instance. The Government shall make such computations as are necessary to determine the quantities of work performed or finally in place. The Contractor shall make the

DOCUMENT 00 73 00 Page 7 computations based on the surveys for any periods for which progress payments are requested.

c. Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

1.11 LAYOUT OF WORK (FAR 52.236-17)

The Contractor shall lay out its work from Government established base lines and benchmarks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer.

The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (UAI 31.105-101)

a. This clause does not apply to terminations. See 52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS and FAR Part 49.

b. Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VIII (Oregon, Washington, and Idaho.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

DOCUMENT 00 73 00 Page 8

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the small acquisition threshold (SAT), the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

Copies of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" Volumes 1 through 12 are available in Portable Document Format (PDF) and can be viewed or downloaded at:

http://140.194.76.129/publications/eng-pamphlets/EP_1110-1-8/toc.html.

1.13 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5000)

a. Pursuant to FAR 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to:

1. Materials required by the technical provisions; or

2. Materials that have been fabricated to the point where they are identifiable to an item of work required under this Contract.

b. Payment for materials delivered off-site shall be made only after receipt of paid invoices with a canceled check showing the Prime Contractor's title to the items delivered off-site. Payment for materials delivered off-site shall be limited to the following items:

any construction material stored off-site may be considered in determining the amount of a progress payment.

1.14 FIELD OFFICE OVERHEAD

Notice to Offerors: You must declare below the accounting practice that you apply to Contracts to calculate field office overhead for all change orders, modifications, and requests for equitable adjustment. Pursuant to Federal Acquisition Regulation (FAR) Parts 31.105(d)(3) and 31.203(d)(1), an accounting practice that varies from modification to modification is not allowable. Select one of the following:

a. If you use Time Distribution Base for Per Diem Rate practice, see Special Contract Requirement SC-17 "Field Office Overhead - Per Diem Rate".

b. If you use Direct Cost Distribution Base for a Percentage Mark-up practice, see Special Contract Requirement SC-18 "Field Office Overhead

- Percentage Markup".

c. If you choose Other Accounting Practice That is Allowed Under the FAR and That Uses a Single Distribution Base, you must describe the accounting practice in sufficient detail below to allow the Contracting Officer to determine what accounting practice is being utilized by your company and that it complies with the criteria for acceptable accounting practices as set out in FAR Parts 31.105(d)(3) and 31.203(d)(1).

DOCUMENT 00 73 00 Page 9

1.14.1 Per Diem Rate

The Contracting Officer shall make an equitable adjustment and modify the Contract in writing for any change to the Contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the Contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its Bid Schedule.

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a Contractor indicates that it follows a per diem basis, no overhead percentage markup rate for office overhead costs shall be allowed.

Under such an equitable adjustment, the Contractor shall be reimbursed for field office overhead on a per diem basis when the completion of the Contract is extended by reason of the change issued under any clause, except the Default clause, subject to the Contractor substantiating the variable expense by providing a detailed breakdown of its proposed increase or decrease of costs as required by the Contract Clause DFARS 252.236-7000 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN. No payment of field office overhead on a per diem basis shall be allowed for any change when the completion of the Contract is not extended by reason of the change.

1.14.2 Percentage Markup

The Contracting Officer shall make an equitable adjustment and modify the Contract in writing for any change to the Contract, issued pursuant to the Changes clause or otherwise, for which the Government is responsible, and which causes either an increase or decrease in the Contractor's costs as to time or performance under the Contract. Under such an equitable adjustment, the Contractor's field office overhead shall be an allowable cost, in accordance with the Contractor's accounting practice as identified by the Contractor in its Bid Schedule.

The Contractor shall declare which standard form of accounting practice it applies to field overhead costs: if a Contractor indicates that it follows a percentage basis, no per diem rate for office overhead costs shall be allowed.

Under such an equitable adjustment, payment of office overhead costs shall be allowed for any change on a percentage markup basis regardless of whether the completion of the Contract is, or, is not, extended by reason of the change, except for modifications issued pursuant to the Default Clause. The Contractor shall provide a detailed breakdown of its proposed increase or decrease of costs as required by Contract Clause DFARS

252.236-7000 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN.

1.15 CONTRACT DRAWINGS AND SPECIFICATIONS (DOD FAR SUPP 252.236-7001)

a. The Government will provide to the Contractor, without charge, one set of Contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

b. Upon receipt:

DOCUMENT 00 73 00 Page 10

1. Check all drawings furnished immediately upon receipt;

2. Compare all drawings and verify the figures before laying out the work;

3. Promptly notify the Contracting Officer of any discrepancies;

4. Be responsible for any errors which might have been avoided by complying with this paragraph; and

5. Reproduce and print Contract drawings and specifications as needed.

c. Order of Precedence:

1. Large scale drawings shall take precedence over small scale drawings; and

2. The Contractor shall follow figures marked on drawings in preference to scale measurements.

d. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

e. The work shall conform to the specifications and the Contract drawings identified in the index of drawings attached at the end of this section.

1.16 EPA ENERGY STAR

The Government requires that certain equipment be Energy Star compliant.

Initially, the sole Energy Star requirement shall be the self-certification by the bidder that the specified equipment is Energy Star compliant.

Within 3 months of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.

1.17 PROPRIETARY REFERENCES

All items specified on a brand name basis are to indicate the general type desired based on level of quality, and are not intended to restrict selection to products of any particular manufacturer.

1.18 PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction Contractor's performance shall be evaluated throughout the performance of the Contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction Contracts awarded at or above $100,000.00, the USACE will evaluate Contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor

DOCUMENT 00 73 00 Page 11 will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for Contacting vendors can be found on the web site: http://www.cpars.gov/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.19 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen percent (15%) of the total amount of work to be performed under the Contract. The percentage may be reduced by a supplemental agreement to this Contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

1.20 PARTNERING (UAI 52.236-5009)

In order to most effectively accomplish this Contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Corps of Engineers, Joint Base Lewis-McChord, the Contractor, primary subcontractors and the designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule.

This partnership would be bilateral in membership and participation will be totally voluntary. Any costs associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by each party.

1.21 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.22 ORDER OF PRECEDENCE - DESIGN/BUILD CONTRACT

a. The Contract includes the standard Contract clauses and schedules current at the time of Contract award. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations and any amendments, and (2) the successful offeror's accepted proposal.

The Contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

DOCUMENT 00 73 00 Page 12

b. In the event of conflict or inconsistency between any of the provisions of this Contract, including the Request for Proposal, Contractor's proposal, or Contract deliverable, precedence shall be given in the following order:

1. Betterments: Any portions of the accepted proposal, or any subsequent design or other submittal, which both conform to and exceed the provisions of the Request for Proposal. "Betterment" is defined as any product, component, or system, which exceeds the minimum requirements stated in the Request for Proposal.

2. The provisions of the solicitations, including drawings and attachments.

3. All other provisions of the accepted proposal including RFP Standard Form SF 1442 and Schedule.

4. Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the Contract and must conform to or exceed all provisions of the Contract, in the order of precedence herein.

1.23 LIMITATION OF PAYMENT FOR DESIGN

If it should be necessary to terminate this Contract, for any reason, prior to completion, the Government will pay the Contractor a fair and reasonable price for the design or construction services performed and delivered to the Government. However, such payment will not exceed a sum greater than the amount allowable under 10 USC 4540 regardless of the actual costs the Contractor may be able to substantiate.

1.24 TECHNICAL PROPOSAL - COPIES TO BE FURNISHED UPON AWARD

The selected firm is required to furnish three complete additional copies of the technical proposal, including any revisions thereto and final proposal revisions (fprs), if applicable, within 5 working days of award.

1.25 COMPLIANCE CERTIFICATION

The offeror shall certify, in the technical proposal cover letter and by note on each sheet of working drawings, that all items submitted in proposal and final design documents comply with RFP requirements. The requirements specified in the RFP are binding Contract requirements. In case of any conflicts after the Contract award between the requirements stated in the RFP and the offeror's proposal, the RFP requirements shall govern.

1.26 PROPOSED BETTERMENTS

a. The minimum requirements of the Contract are identified in the Request for Proposal. All betterments offered in the accepted proposal become a requirement of the awarded Contract.

b. "Betterment" is defined as any component or system in the accepted proposal which exceeds the minimum requirements stated in the Request for Proposal.

c. This includes all betterments identified in the accepted proposal. It

DOCUMENT 00 73 00 Page 13 also includes all Government identified betterments in the accepted proposal, whether or not the Government specifically identifies such betterments in a "list of Accepted Project Betterments", made part of the Contract award by alteration. It also includes any other betterments in the accepted Proposal that might be identified after award.

1.27 SELF-PERFORMANCE OF WORK BY THE PRIME CONTRACTOR

a. The following describes the applicable clause or requirement for self-performance of work by the Contractor, depending upon the type of solicitation (e.g., unrestricted or full or partial set-aside) and/or whether or not a price evaluation preference was provided for in the source selection evaluation.

b. Contract clause 52.236-1, PERFORMANCE OF WORK BY THE CONTRACTOR, is applicable to unrestricted procurement contract awards to any business except as explained in paragraphs c. and e., below.

c. In lieu of the above clause, contract clause 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS is applicable for award to a HUBZone small business concern on an unrestricted solicitation when the awardee is a HUBZone small business concern or joint venture and claimed a price evaluation preference in accordance with the clause. For purposes of this clause, "cost of the contract" includes all direct and indirect costs, excluding profit or fees.

"Cost of contract performance incurred for personnel" means direct labor costs and any overhead which has only direct labor as its base, plus the concern's general and administrative overhead rate multiplied by the labor cost.

d. Contract clause 52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE is applicable to awards made under a partial or total HubZone set-aside. For purposes of this clause, "cost of the contract" includes all direct and indirect costs, excluding profit or fees. "Cost of contract performance incurred for personnel" means direct labor costs and any overhead which has only direct labor as its base, plus the concern's general and administrative overhead rate multiplied by the labor cost.

e. Contract Clause 52.219-14, LIMITATIONS ON SUBCONTRACTING, is the applicable requirement for awards to small business concerns for solicitations that were fully or partially set-aside for Small Business, 8(a), or award to a small disadvantaged business (SDB) concern on an unrestricted procurement where an SDB concern has claimed a price evaluation preference (but see next paragraph for suspension of the SDB price preference).

f. By Memorandum dated March 12, 2010, the Director of Defense Procurement and Acquisition Policy directed cessation of the use of the price evaluation adjustment for SDBs in DoD procurements (FAR Clause 52.219-23),. Said FAR Clause is not included in or made a part of this RFP. FAR Clause 52.219-4, relating to a 10% price evaluation preference for HUB ZONE small business concerns, is included in and made a part of this RFP. PLEASE NOTE HOWEVER, that paragraph (b) (3) of the FAR Clause 52.219-4, is inapplicable also due to the referenced cessation of FAR Clause 52.219-23.

DOCUMENT 00 73 00 Page 14

1.28 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (UAI 52.236-5004)

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 Contract 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.

1.29 WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT) (UAI

52.236-5005)

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…