R0001.pdf

W68MD970805559

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

Request for Proposal (RFP) W912DW18R0002 Amendment R0001

(Please see continuation page for details)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 8

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

16C. DATE SIGNED

BY 05-Apr-2018

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 W912DW18R0002

X 9B. DATED (SEE ITEM 11)

23-Mar-2018

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 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

05-Apr-2018

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:

W912DW18R0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

R0001

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

Revisions to Section 00 21 16, Instructions, Conditions and Notices to Offerors.

Revision to Section 00 73 00, Special Clauses Revision to Section 01 30 00, Administrative Requirements Revision to Section 01 50 00, Temporary Construction Facilities and Controls

2. The bid submittal time and date of 1:00:00 PM LOCAL TIME, 26 April 2018 remains the same.

3. 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.

4. NOTICE TO OFFERORS: Offerors must acknowledge receipt of all amendments including this amendment by number and date on SF1442.

Encl:

Section 00 21 16 (Revised) Section 00 73 00 (Revised) Section 01 30 00 (Revised) Section 01 50 00 (Revised)

W912DW18R0002 00 21 16 - 1 R0001

SECTION 00 21 16

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 MAGNITUDE OF CONSTRUCTION

1.3 SUBJECT TO AVAILABILITY OF FUNDS

1.4 GOVERNMENT SECURITY REQUIREMENTS

1.5 COPIES OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS AND AMENDMENTS

1.6 OFFEROR'S QUESTIONS AND COMMENTS

1.7 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.8 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.9 PRE-PROPOSAL CONFERENCE / SITE VISIT

1.10 ACCURACY IN PROPOSALS

1.11 PROPOSAL SUBMITTALS

1.12 PROPOSAL FORMAT

1.13 JOINT VENTURE PROPOSAL REQUIREMENTS

1.14 SOLICITATION PROVISIONS

W912DW18R0002 00 21 16 - 2 R0001

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK:

The scope of project includes all work required for the construction of Tactical Response Force Alert Facility at Malmstrom AFB, MT.

The work shall be in accordance with Request for Proposal documents.

General description of work:

The USACE Seattle District has a requirement for the construction of a 3,839 square meter (SM) (41,312 square feet) for a Tactical Alert Force Facility (TRF) with an 809 square meter (SM) space for a flight simulator.

Supporting facilities include pavements, utilities, and site improvements. The purpose of the newly constructed TRF is to provide an adequately sized and configured facility that will co-locate squadron operations facility and the sleeping quarters of the alert crew with aircraft to minimize crew response times for 24-hour a day/7-days per week/365 days per year readiness. The facility will support planning, briefing, administration, alert response, life support, maintenance, and crew equipment storage and issue tasks.

1.2 MAGNITUDE OF CONSTRUCTION:

In accordance with DFARS 236.204, Disclosure of Magnitude of Construction Projects, the Magnitude of Construction is between $10,000,000.00 and $25,000,000.00.

1.3 SUBJECT TO AVAILABILITY OF FUNDS:

FAR Clause 52.232-18 “Availability of Funds,” (APR 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

1.4 GOVERNMENT SECURITY REQUIREMENTS:

The Offeror(s) must ensure that ALL mail sent to the Seattle District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to; bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located in Building 1202, at 4735 East Marginal Way South, Seattle, WA 98134 if it does not contain a return mailing address. THERE WILL BE NO EXCEPTIONS.

1.5 COPIES OF RFP DOCUMENTS AND AMENDMENTS:

Copies of the RFP and amendments are available by INTERNET ACCESS ONLY. All RFP documents will be posted to the Federal Business Opportunities website at http://www.fbo.gov under RFP number W912DW18R0002.

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

A list of interested vendors (potential Offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov via Quick Search (RFP No. W912DW18R0002).

Additional information regarding this RFP and potential Offerors and/or subcontractors is available at http://www.nws.usace.army.mil/BusinessWithUs/Contracting.aspx.

W912DW18R0002 00 21 16 - 3 R0001

1.6 OFFEROR'S QUESTIONS AND COMMENTS:

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

Contract Specialist:

U.S. Army Corps of Engineers, Seattle District ATTN: John Scola Mailing Address:

P.O. Box 3755 Seattle, WA 98124-3755 Email: John.P.Scola@usace.army.mil

[ATTENTION: I prefer to be contacted by email because I’m hearing impaired]

Contracting Officer:

U.S. Army Corps of Engineers, Seattle District ATTN: Michael Miyagi Phone: (206) 764-3266 Email: Michael.M.Miyagi@usace.army.mil

1.6.1. Bidder Inquiry:

1.6.1.1. Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.6.1.1.1. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this RFP listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and then click continue.

1.6.1.1.2. From this page you may view all bidder inquiries or add inquiry.

1.6.1.1.3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.6.1.1.4. The RFP Number is: W912DW18R0002

1.6.1.1.5. The Bidder Inquiry Key is: E6G42R-4TKZHA

1.6.1.2. The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the RFP, if necessary.

1.6.1.3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

1.6.1.4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.6.1.5. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.7. SMALL BUSINESS SIZE STANDARD/NAICS CODE:

See Section 00 45 00, FAR 52.204-8 for the small business size standard/NAICS Code.

1.8. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS:

W912DW18R0002 00 21 16 - 4 R0001

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

1.9 PRE-PROPOSAL CONFERENCE:

Site visit meeting will be held at 1000 am (PST) on MondayThursday, 19 April 2018 at Building 770, 7218

Goddard Drive, Malmstrom AFB, MT 59402.

Contractors interested in attending the pre-bid site visit will need to apply for access to Malmstrom AFB. They must submit the attached information on the "CEAL Roster.” Please see attachment 1 at the end of this Section.

Please fill out your information and email to john.p.scola@usace.army.mil and Michael.m.miyagi@usace.army.mil by 1300 PST on 29 March 2018. Security Forces requires at least ten (10) calendar days to perform background checks.

IMPORTANT: The information provided in the CEAL Roster MUST MATCH your ID. Nicknames, misspellings will result in being disapproved for access. Contractors must submit information for EVERYONE that will attend the site visit; there is no exceptions.

Attendees are required to have picture identification (valid ID) to access the base.

Participants must provide their own transportation. USACE POC is Darrick Godfrey (Resident Engineer) at

(406) 771-0092 X 1430 or Darrick.D.Godfrey@usace.army.mil.

Please allow yourself enough time to find parking.

OFFERORS ARE URGED and expected to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract, to the extent, such information is reasonably obtainable. In no event, will a failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract.

1.10 ACCURACY IN PROPOSALS:

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

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

1.11 PROPOSAL SUBMITTALS:

Due to heightened security at Government installations, those Offerors who have their proposals hand-delivered shall contact Procurement Technician, Sonia Frees at 206-764-3516 prior to delivering to the address shown below.

At the time specified on the SF1442, it will be announced that receipt of proposals is closed.

Note that the official receipt of a bid shall be in accordance with FAR 52.214-7. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See FAR 52.215-1 for rules concerning late proposals.

See Box 13 of the Standard Form 1442 for the time and date your proposal is due.

EMAIL: Emailed Proposal will NOT be accepted.

FAX: Faxed Proposal will NOT be accepted.

FED-EX/UPS: John Scola, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

W912DW18R0002 00 21 16 - 5 R0001

CECT-NWS

4735 East Marginal Way S., Bldg. #1202 Seattle, WA 98134-2385 Note: Commercial Carriers will not deliver to PO Boxes

MAIL: John Scola, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS

PO Box 3755 Seattle, WA 98124-3755

HAND

DELIVERY: John Scola, Contract Specialist, Building 1202 U.S. Army Corps of Engineers, Seattle District

CECT-NWS

4735 East Marginal Way S., Bldg. #1202 Seattle, WA 98134-2385

The method of Hand Delivery has changed and takes longer than the previous method of arriving at the Federal Center South building (#1201) lobby to deliver your Offer, Bid or Proposal. Please allow sufficient time to allow for heightened security at Government installations and to get to our new location in Oxbow Building #1202. Allow time to park, pass through a metal detector, sign in, and receive a building pass at the Federal Center South Building (#1201). From there, you will be directed to the new USACE Oxbow Building (#1202) which sits behind the Federal Center South Building (#1201). Allow additional time.

Report to the Security Desk in the lobby of the USACE Oxbow Building and call Sonia Frees, Procurement Technician, at 206-674-3516. A Contracting representative will come down and accept your Offer, Bid or Proposal.

Note: If delivery is by any means other than Hand Delivery, please check prior to the due date and time to ensure that your Offer, Bid, or Proposal has arrived on time.

The Packaging that contains the Proposals shall be marked:

“Proposal for RFP Number: W912DW18R0002, DO NOT OPEN”

1.12 PROPOSAL FORMAT:

(a) Please refer to Section 00 22 16 for Submission Format requirements.

(b) Technical Proposal: Submit one (1) Original printed volume, one (1) Copy of printed volume and one (1) Electronic Copy in PDF on a CD (assembled in one document). Both must be identical.

(c) Price proposal and Pro Forma information: Submit one (1) Original printed volume and one

(1) Electronic Copy in PDF on a CD. Both must be identical, except for the price schedule as noted below.

Note: the Price Schedule can be handwritten and “excluded” from the Price Proposal CD, but all other required items in your proposal shall be included in the CDs.

1.13 JOINT VENTURE PROPOSAL REQUIREMENTS:

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond, unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a), SDVOSB or HubZone joint venture, the Offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124, 13 CFR Part 125 and 13 CFR Part 126, respectively.

W912DW18R0002 00 21 16 - 6 R0001

Any of the Joint Venture partners identified in the JV agreement can submit project(s) to meet the requirement in Section 00 22 16 for evaluation.

1.14 RFP PROVISIONS:

Please see Section 00 21 16 “Additional Clauses.”

END OF SECTION 00 21 16

MAFB Tactical Response Force Alert Facility 16031 Malmstrom AFB, Great Falls, MT W912DW18R0002

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 52.211-18)

1.7 ELECTRONIC SOFTWARE SYSTEM FOR SUBMITTING CERTIFIED LABOR PAYROLLS

AND RECORDS

1.8 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

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

1.9.1 REQUIRED INSURANCE IN ACCORDANCE WITH FAR 28.307-2

1.9.2 Environmental Liability

1.10 PHYSICAL DATA (FAR 52.236-4)

1.11 QUANTITY SURVEYS (FAR 52.236-16)

1.12 LAYOUT OF WORK (FAR 52.236-17)

1.13 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY (FAR 52.245-3)

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 PROPRIETARY REFERENCES

1.17 PERFORMANCE EVALUATIONS

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

1.19 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 73 00 Page 1

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 Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than seven hundred thirty (730) calendar days after date of receipt by Contractor of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

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 one hundred eighty (180) 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 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).

DOCUMENT 00 73 00 Page 2 R0001

G3ENDRDN

Rectangle

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 $1,793 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 52.211-18)

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 ELECTRONIC SOFTWARE SYSTEM FOR SUBMITTING CERTIFIED LABOR PAYROLLS AND

RECORDS

The Contractor is required to use a commercially available software system to process and submit certified payrolls electronically to the Government.

The requirements for preparing, processing, and submitting certified labor payrolls are established by the requirements as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH CONSTRUCTION

WAGE RATE REQUIREMENTS AND RELATED REGULATIONS.

Provide all access, licenses, and other services required for the receipt, processing, certifying, and electronically transmitting payrolls to the Government, and storing weekly payroll and other data required to comply with Construction Wage Rate Requirements and related regulations. The payroll software system shall be capable of preserving submitted payroll documents and related records for a minimum of three years after contract completion. Provide system access to the Government for the duration of this construction contract. Government access shall include online review by the Government's contract administration office of all electronic payroll records of the Contractor.

The payroll processing software system shall also meet the following functional criteria. It shall:

DOCUMENT 00 73 00 Page 3

Be compliant with appropriate Construction Wage Rate Requirement payroll provisions in applicable Federal Acquisition Regulations, Be able to accommodate the required number of employees and subcontractors employed under the contract, Be capable of producing an MS Excel compatible spreadsheet to be uploaded into the Quality Control System (QCS), which in turn shall exported to the Resident Management System (RMS), Provide demonstrated security of data storage, data entry, and data access rights, Be able to produce Contractor certified electronic versions of weekly payroll data, Be able to identify erroneous entries and track data/time of all versions of the Construction Wage Rate certified payrolls submitted to the Government over the life of the contract, and

Be capable of generating a durable record copy; that is, a CD or DVD of records in PDF format from the system database. This durable record copy shall be provided to the Government during contract closeout.

All Contractor incurred costs related to the provision and use of an electronic payroll processing system shall be included in the Contractor's price for the work under the contract. All Contractor costs for providing and using the electronic payroll processing system and services shall not be a separately billed or reimbursed item under the contract.

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

MALMSTROM AFB 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 |

| 18 14 15 9 4 4 2 2 3 6 12 16 |

DOCUMENT 00 73 00 Page 4

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)".

1.9 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.

1.9.1 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 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:

DOCUMENT 00 73 00 Page 5

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.

1.9.2 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.

1.10 PERSONNEL, SUBCONTRACTORS, AND OUTSIDE ASSOCIATES OR CONSULTANTS (UAI

52.236-9001)

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

DOCUMENT 00 73 00 Page 6 R0001 submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

1.10 PHYSICAL DATA (FAR 52.236-4)

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

1.11 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

DOCUMENT 00 73 00 Page 7 R0001 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 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.

1.12 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.

1.13 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY (FAR 52.245-3)

The Government will furnish to the Contractor the property identified in the schedule to be incorporated or installed into the work or used in performing the Contract. The listed property will be furnished to the Contractor at the place designated by the Contracting Officer. The Contractor is required to accept delivery, pay any demurrage or detention charges, and unload and transport the property to the jobsite at its own expense. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this Contract.

1.14 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

DOCUMENT 00 73 00 Page 8 R0001 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 IV (Montana). 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.

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.

1.15 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 5152.232-9000)

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

DOCUMENT 00 73 00 Page 9 R0001 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).

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 Price 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 Price Schedule.

The Contractor shall declare which standard form of accounting practice it

DOCUMENT 00 73 00 Page 10 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:

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 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.

DOCUMENT 00 73 00 Page 11

1.17 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 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.

1.18 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.

1.19 SUPPLEMENTAL PRICE BREAKDOWN INFORMATION

After Contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot, including major building systems to the five-foot line, for programming…