RFP_16RUES2_Fort_Campbell_160th_w_Atts_Signed.pdf

Contract Management Division B Energy Support Branch

To: Gas, Water and Electric Utility Providers in the US Army Garrison Fort Campbell Service Area

Subject: Request for Proposal, RFP: 16-R-UES2, US Army Garrison, Fort Campbell KY, UESC Project – 160th SOAR

Your firm is requested to submit a proposal for a Utility Energy Service Contract (UESC) project for 31 facilities located at the 160th Special Operations Aviation Regiment (SOAR), Fort Campbell KY, for the Performance Work Statement (PWS) Energy Conservation Measures (ECM) listed below under an anticipated Utility Energy Service Contract (UESC) project.

• Lighting Retrofit

• Energy Management System

• Hot Water Improvements

• HVAC System Improvements

The electronic/.pdf version of this RFP including the Proposal Requirements document (Attachment

1), the DOL wage rates (Attachment 2), and FAR Clauses (Attachment 4), constitute the official notice.

Based on FAR 16.505 and DFARS 216.505-70, your firm among other firms requested to submit a proposal for this effort. Proposal preparation costs incurred by any utility provider to prepare a response to this RFP will not be paid by the Government.

Proposals are limited to a maximum of 20 pages, and should be detailed, explicit, and should include supporting data in enough detail to permit appropriate review and analysis. Your proposal should outline your approach to fulfilling the requirements specified above. A site visit is being scheduled for the near future.

After receipt of your proposal, the Government will evaluate proposals and may conduct discussions on any issues that may be necessary. Only one (1) utility provider will be selected from this evaluation to move forward with the preliminary assessment/site survey, feasibility study, and final price proposal.

Offerors are advised that technical and cost/price data submitted to the Government in response to this RFP may be released to non-Government personnel for routine/administrative contracting functions.

The non-Government personnel will not be serving as evaluators on the Source Selection Board. Non- Government support will be provided by the following:

• Vision Centric, under contract W912DY-15-D-0091

A non-disclosure agreement was signed by this company and its employees which precludes any unauthorized disclosure, reproduction or release in any format of the technical and cost/price data submitted in response to this RFP to other Government employees, non-Government personnel, or any other sources.

DEPARTMENT OF THE ARMY

HUNTSVILLE CENTER, CORPS OF ENGINEERS

P.O. BOX 1600

HUNTSVILLE, ALABAMA 35807-4301

November 16, 2015

SUBJECT: UESC RFP W912D-16-R-UES2 November 16, 2015 Page 2

One electronic or one hardcopy proposal is required. The electronic or hardcopy proposal shall arrive no later than Noon, Central Time, Friday, December 18, 2015. Failure to meet the deadline will preclude your firm from further consideration on this project/PWS. The latest proposal received before Noon Central Time, Friday, December 18, 2015, will be the proposal that is evaluated.

Note: The selected utility provider shall comply with the following specifications as applicable in an awarded task order for this effort.

• UFGS 23 09 23 Lonworks

• UFGS 23 09 23.13 20 Bacnet

• UFGS 25 10 10 UMCS

• ASHRAE 189.1 Section 10.3 Commissioning /Testing subsections Installation

Design Guide or equivalent

• UFGS Division 21 Fire Suppression as applicable for conservation measures implemented

• EM 385-1-1 Safety Manual (Ref: FAR 52.236-13 and FAR 52.236-13 Alt 1). This regulation requires a fulltime Site and Safety Health Officer (SSHO) anytime there is work being done on the jobsite. The SSHO shall be an employee other than the supervisor or project manager.

• Cyber Security based upon level of network interconnection of ECMs identified in Feasibility Study and Proposal

• USAG Fort Campbell Design Guide

Should additional program or project information be required, please contact Ms. Lisa Harris, at telephone 256-895-1344, email: lisa.b.harris@usace.army.mil, or the undersigned at telephone (256)895- 1782, email: barbara.l.osterkamp@usace.army.mil.

Sincerely, Barbara L. Osterkamp Contracting Officer

Attachments

1. Proposal Requirements

2. Building List

3. FAR Clauses

4. Small Business Participation Plan

5. Subcontracting Letter of Commitment

6. DOL Wage Guidelines

7. Safety Requirements

RFP #: W912DY-16-R-UES2 Attachment 1 Proposal Requirements November 16, 2015

RFP # W912DY-16-R-UES2

US Army Garrison Fort Campbell KY

Requirements for Utility Energy Service Companies November 16, 2015

1.0 Proposal Requirements

The proposal is limited to a count of 20 pages; thus, the proposal should be descriptive and concise, providing the information necessary in order to determine your firm's capabilities specific to the Performance Work Statement (PWS) Energy Conservation Measures (ECM) described in the Request for Proposal (RFP) letter dated November 16, 2015. All portions of the proposal including cover pages, table of contents, and tabs (tabs are not included in the page count) should use a font no smaller than 12 font, Arial. The font for charts, diagrams, and graphics may be smaller; however, they shall be clearly legible. Any deviation from this format may be cause for rejection of the proposal. If a proposal exceeds the page limit, the pages that exceed the limit will not be considered or evaluated. The proposal shall be submitted to the Contracting Office in either electronic format (preferred), or hard copy with CD, by the date and time specified in the Request for Proposal (RFP) letter. Timeliness of a proposal shall be determined by date and time of receipt to the Contracting Office. The last proposal version received before the time cutoff will take precedence over previous versions and will be the only version that is evaluated.

1.1 Method of Procurement.

The US Army Engineering and Support Center Huntsville (HNC) intends to conduct this FAR

16.505 and DFARS 216.505-70 acquisition in accordance with the provisions set forth in the RFP.

From this RFP, a contract or order may be awarded to the utility provider that is determined to be able to provide the most advantageous/best value to the Government, all factors considered. Any contract(s) or order(s) issued will be Firm Fixed Price. The Government reserves the right to forego the Preliminary Audit/Site Survey Phase of UESC development and proceed directly in to the Investment Grade Audit/Detailed Feasibility Study phase of the UESC award process.

2.0 Proposal Submittals. Proposals received after the due date and time specified in the RFP letter will be considered late and will not be evaluated.

2.1 If submitting an electronic (preferred) word searchable format proposal in Microsoft Word or Adobe PDF -

Send via email to: barbara.l.osterkamp@usace.army.mil, and lisa.b.harris@usace.army.mil.

2.2 If submitting a hardcopy proposal: For hand-deliveries, the mailroom door is staffed from 8:00 a.m. and 4:30 p.m. The official time of receipt will be established by the clock located in the mailroom area.

The hardcopy proposal delivery address is:

US Army Engineering and Support Center, Huntsville ATTN: CEHNC-CT-B (Osterkamp) W912DY-16-R-UES2 4820 University Square 1R301, Huntsville AL 35816

Packaging marking:

Proposal for UESC PROJECT, DO NOT OPEN - ATTN: CEHNC-CT-B (Osterkamp)

3.0 Proposal Format and Content.

The proposal should discuss in detail the work that will be performed as defined by the PWS/ECMs and what efforts the utility provider plans to perform. In addition, the proposal should include discussion on the Technical Approach, Previous Experience, Management Approach, Financial Capability, and Cost/Pricing factors. Utility providers are encouraged to liberally interpret the factors listed below to prepare a proposal that demonstrates innovativeness, resourcefulness, experience, capability, etc., in order to execute the project scope. Format for the proposal shall be:

▪ Cover (not included in page count)

▪ Table of Contents (not included in page count)

▪ Executive Summary

▪ Tab 1 – Technical Approach

▪ Tab 2 – Previous Experience

▪ Tab 3 – Management Approach

▪ Tab 4 - Financial Capability

▪ Tab 5 – Past Performance

▪ Tab 6 - Cost/Pricing Factors

▪ Tab 7 - Small Business Participation Plan

▪ Tab 8 - Subcontracting Letter(s) of Commitment (not included in page count)

▪ Highlights (Not included in page count; 1 page maximum.

Provided for corporate and business overview information and will not be evaluated.

3.1 Proposal Volume Content.

Tab 1 – Technical Approach.

The Offeror should provide its best technical approach to accomplishing all work required in order to implement the project Energy Conservation Measures (ECM) listed on page 1 of the RFP letter. Your firm’s technical approach should demonstrate a thorough and complete understanding of all the requirements. It should be concise, as well as cover every aspect of the overarching work your firm will execute. Your proposal should also provide general details of the technical requirements/approach you expect to perform for each ECM listed. Any innovative technical approach that would provide an advantage for your firm in the determination should be identified. Any unique qualifications your firm possesses specific to the ECMs should be included.

Your proposal should also discuss any and all assumptions made when developing the technical approach. This section should be further detailed as follows:

• UESC project technical approach – Identify the approach that will be used to implement a UESC project to satisfy the requirements of the ECMs.

• PWS/ECM technical approach – Identify the actions that will be taken and items that will be investigated with respect to the items identified in the PWS/ECMs.

• Assumptions – List any assumptions made when developing the approach.

• Other – List any other pertinent technical approach information.

Tab 2 – Previous Experience.

The Offeror should provide details of no more than five (5) examples of projects which demonstrate the utility provider’s and/or its partner's/team member's experience in performing work that is similar in scope, magnitude, and complexity to that as described in the PWS/ECMs for this RFP. Additional projects beyond the five (5) examples requested will not be evaluated.

The utility provider may include federal, state, and commercial work. The examples should include:

1. Projects that were performed within approximately the last three (3) years from the RFP issuance date.

2. A description of the project.

3. Project information such as size, complexity, and distinctive or unique features.

4. Whether the utility provider was the prime or subcontractor.

5. Descriptions of roles/duties in execution of the work (i.e. the major components of the project which were completed by the prime’s staff and major components which were subcontracted out including a funds percentage distribution).

6. Description of major unexpected issue(s) encountered and mitigation measures taken.

The Offeror should provide specific information to demonstrate that it or its partner/team member has relevant experience in the PWS/ECM activities. The experience of a subcontractor(s) will be evaluated only if a signed Letter of Commitment with that subcontractor(s) is included in the proposal.

Tab 3 – Management Approach.

The Offeror should provide:

1. A description of the key personnel with qualifications the utility provider determines to be essential to perform the various elements of this type work. The qualifications of the personnel and their relationship to the organization are more relevant than the name(s) of the personnel.

2. A schedule briefly identifying the major activities and duration through the end of the contract period.

3. Any expected issue(s)/challenges and a proposed resolution to the issue(s) of implementing the PWS/ECMs at the installation.

4. An approach for execution of this project including delineation between work that will be self-performed and work that will be subcontractor performed.

5. Strategies describing how risks associated with teaming/subcontracting arrangements will be eliminated.

Tab 4 – Financial Capability.

The Offeror shall demonstrate the ability to acquire third party financing or to self-finance projects of similar dollar value. Acceptable evidence of financing ability includes but is not limited to:

• Evidence (narrative format) that the Offeror has self-financed recent projects of similar dollar value.

• Evidence (narrative format) that the Offeror has obtained third party financing for recent projects of similar dollar value.

• A letter of interest from a financial institution/lender.

No more than three (3) financed projects will be evaluated.

Tab 5 - Past Performance.

Offeror shall provide a list of no more than five (5) most recent Federal Government third-party financed projects awarded for which implementation/construction has been completed. Include the location, date of award, contact name, contact phone number(s), and construction value of project.

The Government reserves the right to review the utility provider’s performance on current and past projects performed either for HNC for other Government agencies. The Government may consider relevant and reliable information of projects of similar scope, size and relevancy to the effort stated in the RFP/PWS, obtained from any other source (including information from Government personnel and data bases such as CPARS). The Government may evaluate the most current and relevant information, source, general trends in performance as well as other information such as quality of the final projects or work performed, timeliness of completing the work or meeting the milestones, and the utility provider's ability to manage and control its budget/costs, which may assist the Government towards assessing performance risk.

Tab 6 - Cost/Pricing Factors.

The Offeror shall provide a maximum Mark-up rate that will be applied to all work that will be performed for the implementation effort.

The Offeror shall also provide a single maximum Mark-up rate that will be applied to all work that will be performed during the performance period for items such as Operation and Maintenance (O&M), Repair and Replacement (R&R), administration, or other.

At the time of contract or order award, the overall construction and performance period indirect and profit rates (Markup) may be further negotiated downward, but cannot exceed the maximum proposed Markup rates.

Tab 7 - Small Business Participation Plan:

If the Offeror is a large business or a non-profit organization, it shall submit a Small Business Subcontracting Plan. Although a non-profit organization is not considered a small or a large business under FAR 19.001, a Small Business Subcontracting Plan is still required.

Tab 8 - Subcontracting Letter of Commitment.

Should the Offeror plan to enter into a teaming arrangement for this opportunity, the Offeror is required to provide a Subcontracting Letter of Commitment signed by the Prime Offeror and teaming partner under this tab if submitting the partner's/team member's experience under the Previous Experience tab. The Offeror shall identify the company relationship and the planned approach to successfully complete the project if a teaming or subcontracting agreement will be used for the project.

4.0 Proposal Evaluation Ratings and Importance of Factors.

4.1. The following factors will form the basis of this proposal evaluation. The Government will select the utility provider whose proposal best conforms to the RFP. The evaluation process uses adjectival ratings for all factors with the exception of Cost/Pricing (Mark-up) and Past Performance: Outstanding, Good, Acceptable, Marginal, or Unacceptable, explained in paragraph 4.2. The table below shows the relative importance of each rating factor. Factor 1 – Technical Approach, is of greater importance than Factor 2 – Previous Experience. Factor 2 - Previous Experience, is of greater importance than Factor 5 – Past Performance, which is of greater importance than Factor 4 – Financial Capability. Factor 3 – Management Approach, is of lesser importance than Factors 1, 2, 4 and 5. Cost/Pricing (Mark-up), is of greater importance than Factor 7 - Small Business Participation Plan. All non-Cost/Pricing (Mark-up) factors, when combined, are significantly more important than Cost/Pricing (Mark-up).

Factor Title Relative Importance 1 Technical Approach High 2 Previous Experience High 5 Past Performance Medium 4 Financial Capability Medium 3 Management Approach Medium 6 Cost/Pricing (Mark-up) Low 7 Small Business Participation Plan Low

NOTE on Factor 3 - Past Performance: If no other information is available, the Offeror will receive the ratings based on PPIRS and/or CPARS and any other relevant source of information.

See paragraph 4.3 for additional rating information.

4.2 Factors 1 through 4, 6 and 7, will be rated using the following adjectival ratings.

(i) Outstanding: Proposal demonstrates an excellent understanding of requirements and utility provider’s proposal shows that they have significantly exceeded performance or capability standards. Proposal has multiple strengths that will significantly benefit the Government. Proposal represents very low risk that the utility provider’s performance of any work requirements will impact schedule, cost, or performance.

(ii) Good: Proposal demonstrates a good understanding of requirements and utility provider’s proposal shows that they have exceeded performance or capability standards. Proposal has strengths that will benefit the Government. Proposal represents low risk that the utility provider's performance of any work requirements will impact schedule, cost, or performance.

(iii) Acceptable: Proposal demonstrates understanding of the requirements. Proposal meets performance or capability standards, and demonstrates that it will meet the Government’s requirements. Proposal represents moderate risk that the utility provider's performance of any work requirements will impact schedule, cost, or performance.

(iv) Marginal: Proposal demonstrates shallow understanding of requirements and utility provider’s proposal only marginally meets performance or capability standards for minimal but acceptable contract performance. Proposal has no strengths that will benefit the Government and may have weaknesses that are detrimental to the Government. Proposal represents high risk that the utility provider's performance of any work requirements will impact schedule, cost, or performance

(v) Unacceptable: Proposal fails to meet performance or capability standards.

Requirements can only be met with major changes to the proposal. Proposal represents very high risk that the utility provider's performance of any work requirements will impact schedule, cost, or performance.

4.3 Past Performance risk ratings will be done for each Offeror.

The Government will evaluate the Offeror’s likelihood of success in performing the solicitation's requirements and delivering high quality products and services as indicated by that Offeror’s record of past performance. In this context, “Offeror” refers to the proposed prime Contractor and its proposed partners. A Letter of Commitment must be provided from proposed partners. A “Contractor team arrangement” is an arrangement in which (1) two or more companies form a partnership or joint venture to act as a potential prime Contractor, or (2) a potential prime Contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program (see FAR 9.6). In either case, the prime Contractor and proposed key subcontractors will be assessed individually, and the results will then be assessed in their totality to derive the Offeror’s Past Performance rating. Past Performance of prime Contractors or partner's whose firms are divided into severable segments (i.e. division, group, unit, etc.) will only be evaluated as it relates to those segments of the firm(s) that will actually perform the work. Past Performance references will reviewed to determine the relevancy of the Past Performance information. Past Performance must have occurred within the five years prior to closing date of this RFP and be similar in scope and complexity as the RFP effort to be considered relevant. The evaluation will use four levels of relevancy as shown in the bullets below. More relevant Past Performance will be treated as a stronger predictor of future success and will therefore have more influence on the overall performance confidence assessment than past performance of lesser relevance.

Risk Rating Definition

Very Relevant:

Past performance effort is recent and involved essentially the same scope and complexity this solicitation requires.

Relevant:

Past performance effort is recent and involved similar scope and magnitude of effort and complexity this solicitation requires.

Somewhat Relevant:

Past performance effort involved some of the scope and complexity this solicitation requires.

Not Relevant:

Past performance effort is not recent and/or involved little or none of the scope and complexity this solicitation requires.

When determining the overall Performance Confidence Assessment for an Offeror, the Government will take into consideration the following areas: demonstrated record of successful performance in comparable projects; demonstrated ability to select, retain, support and, when necessary, replace subcontractors; demonstrated implementation of corrective measures that have been implemented to resolve performance issues; demonstrated record of reasonable and cooperative behavior and commitment to customer satisfaction; demonstrated record of cost and schedule management; and the degree of relevancy of all of the considered efforts. The Government will evaluate performance ratings by the customer (e.g. Past Performance Questionnaires). If the Government does not receive past performance information for the project(s) identified by the Offeror and cannot establish a past performance record for the Offeror through other sources, or if the Offeror has no past performance record, the Offeror will be given an “Unknown Confidence” assessment rating.

The Offeror is cautioned that in conducting the performance risk assessment, the Government may use data provided in the Offeror’s proposal in addition to data obtained from other sources.

Since the Government may not necessarily obtain information on all of the listed contract references and/or may not contact all of the identified POCs provided by the Offeror, it is incumbent upon the Offeror to explain the relevance of the data provided. The Government may elect to consider data obtained from sources other than those identified by the Offeror. In the event that adverse past performance information is obtained from other sources, the Offeror will have the opportunity to respond to any adverse information received which it had not had a previous opportunity to comment.

Confidence Rating Description Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

5.0 Evaluation Criteria.

The Government will evaluate the information submitted using adjectival ratings established in paragraphs 4.1 based upon the requested information for each section as defined in paragraphs

3.0 and 3.1.

Technical Approach

The Government will evaluate this tab based on the methods by which the Offeror will implement the project outlined in the PWS. The Government will subjectively evaluate the technical approach used to determine the Offeror’s understanding of the work and likelihood of success.

Previous Experience

The Government will evaluate Previous Experience based upon the Offeror’s and its partner/team member's demonstration of its ability to perform and successfully complete the type of work identified in the PWS. The Government will subjectively evaluate the previous experience demonstrated to determine the Offeror’s likelihood of success. Note: Partnership/team member arrangements for this project must be evidenced by a signed Subcontracting Letter of Commitment between the parties stating there will be a contractual relationship binding the utility provider and the partner/team member to performance should the projects identified in the future formal site survey be awarded.

NOTE: if an Offeror wishes the Government to consider the experience of a subcontractor, the Offeror is required to submit a Subcontracting Letter of Commitment.

Subcontracting Letter of Commitment

Any deviation from the commitment letter will require advance approval of the Contracting Officer, both before and after award.

Management Approach

The Government will evaluate management based on the Offeror's understanding of the work and ability to successfully complete the work as identified in the PWS. The Government will subjectively evaluate the management applied.

Financial Capability

The Government will evaluate this tab based on the Offeror's demonstrated ability to self-finance or acquire third party financing.

Past Performance

Past Performance will be evaluated using adjectival rating factors (Low Risk, Moderate Risk, High Risk, and Unknown Risk). The Offeror will receive the ratings assessed in CPARS and/or PPIRS, and any other relevant source of information. See paragraph 4.3 for additional rating information.

Cost/Pricing Factors

Since the total cost of the anticipated project is unknown at this time, for allocation purposes, utilize 80% for the construction effort, and 20% for the performance period efforts. Therefore, accordingly, the construction period Mark-up will be more heavily weighted than the performance period Mark-up, although both will impact the Cost/Pricing factor rating.

Small Business Participation Plan Goals

Each Offeror's proposal (large business and non-profit business Offerors) will be evaluated based on the level of small business commitment demonstrated for the proposed acquisition. The following shall evidence small business participation:

• The extent to which small business firms, as identified in the Federal Acquisition Regulation (FAR) Part 19, are specifically identified in the proposal;

• The extent of commitment to use small business firms (enforceable commitments will be weighted more heavily than non-enforceable ones);

• The complexity and variety of the work small businesses are to perform;

• The realism of the proposed Small Business Participation Plan;

• The percent of dollar participation of small business firms compared with the total estimated value of the acquisition, to include Small Disadvantaged Business percentage by the North American Industry Classification Code System (NAICS).

• The Offeror's detailed explanations/documentation supporting the proposed participation percentages.

160th SOAR Energy Conservation Assessment Bldg. # Description Unit Function Size Special Notes

7258 Allison Hall SOATB Aquatics Training Facility 33,778 Major Humidity Issues

7261 Chapman Hall SOATB TDSC 4,760 Major Humidity Issues

7262 Owens Hangar (Hangar 15) 1-160th 1BN A/B/ALSE/Tech Supply MH-6 60,000 Aged Hangar, Set for Renovation

7267 Wolcott SOATB SOATB Simulators 28,744 Systemic Chiller Failures

7268 Anderson Hangar (Hangar 17) 1-160th 1 BN C/D Co MH-60 69,243 Aged Hangar, Set for Renovation

7272 Jones Hangar (Hangar 18) 2-160th 2BN 40,548 Oldest Structure within unit. Set for Renovation

7274 Fox Hangar (Hangar 19) 2-160th 2 BN A/D Co MH-47 and AVIM Maint 86,600

Second priority for hangar renovation

7276 Eichner Hall 2-160th 2 BN HQ 13,386 Systemic HVAC Failures. BN HQ.

7277 Grimm Hall RHHC Regiment HQ 23,885 Systemic HVAC Failures.

REG/BDE HQ.

7278 Cleveland Hall 1-160th 1 BN HQ 13,386 Systemic HVAC Failures. BN HQ.

6921 SOATB Barracks SOATB Assessment Barracks 33,928

6922 SOATB Barracks and Recruiting SOATB Assessment Barracks & Recruiters 34,048

7224 Pierre Maintenance Complex RHHC Ground Vehicle Maintenance 17,807

7226 Tarbox Hall 1-160th Riggers (ASD) 8,916

7244 Brannum Logistics Complex RHHC/SOATB SSA and PBO 45,472

7246 Briley Hall RHHC Gym - Physical Therapy(Temp) 4,200

7263 Frank Hall SOATB Mission Planning 5,002 Multiple Power Requirements

7264 Landgraf Hangar (Hangar 16) SOATB AMSO 60,400 Intense Power draw from shop equipment

7265 Aid Station RHHC Medical Section 4,200

7269 Feistner Hall SOATB SOATB HQ and Simulators 25,141 BN HQ. Systemic Chiller Failures

7275 Ponder Hall 2-160th B/2/160 HQ 5,600

7280 SIMO SIMO SIMO 4,800

7281 SRA SOATB SRA and BSAS Warehouse 12,500

7282 Fields RHHC RMO and S1 4,200

7283 Sanchez Hall SOATB RAMO 4,200

7298 Lucas Hall RHHC Psych, JAG, ADP, RENG 4,200

7299 Tidwell Hall RHHC FRG, Regiment Classroom 4,200

7834 A/SOATB COF Bunker SOATB Green Platoon COF 13,459

7259A Reich Hall 2-160th 2 BN HHC 10,025

7259B Weeks Hall RHHC REGT 10,025

7259C Worrell Hall 1-160th 1 BN HHC 10,025

RFP: 16 R UES 2 Attachment 2 Building List Page 1 of 1

CLAUSES INCORPORATED BY REFERENCE

FAR Clause Title Effective 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.203-14 Display of Hotline Poster(s) DEC 2007 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items

MAY 2015

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005

RFP: W912DY-16-R-UES Attachment 3 FAR Clauses2

52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification AUG 2013 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program May 2011 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-1 Buy American--Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.228-16 Performance and Payment Bonds - Other than Construction NOV 2006 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984

RFP: W912DY-16-R-UES1 Attachment 3 FAR Clauses

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payment to Small Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-5 Competition In Subcontracting DEC 1996 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-21 Warranty of Construction MAR 1994 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991

DFARS Clause Description Effective 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A

System for Award Management Alternate A FEB 2014

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

DEC 2014

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American and Balance of Payments Program NOV 2014 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7021 Trade Agreements--Basic (Nov 2014) NOV 2014 252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program--Basic (Nov 2014)

NOV 2014

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (NOV 2007)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause--

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.)

and which is considered a minority and economically disadvantaged concern under the criteria at

43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business concerns, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the

Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of --

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to --

(i) Small business concerns,

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns, and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Marketing and Access Network (PRO-Net) of the Small Business Administration (SBA), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the

Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in PRO-Net as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of PRO-Net as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with --

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan that complies with the requirements of this clause.

(10) Assurances that the offeror will --

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the paragraph (j) of this clause. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions.

Reporting shall be in accordance with the instructions on the forms or as provided in agency regulations.

(iv) Ensure that its subcontractors agree to submit SF 294 and 295.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., PRO-Net), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating --

(A) Whether small business concerns were solicited and if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and if not, why not;

(F) Whether women-owned small business concerns were solicited and if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact --

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

(D) Veterans service organizaions.

(v) Records of internal guidance and encouragement provided to buyers through --

(A) Workshops, seminars, training, etc., and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(e) In order to effectively implement this plan to the extent consistent with efficient…