W912GB-13-R-0001-0001.pdf

W2SDXXXXXXXXXX

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

Project Title: Site 911 Phase 2, Israel

The purpose of this amendment is to distribute the slide presentations, attendance sheets and photos from the pre proposal conference and to provide responses to questions submitted by interested parties. All updated draw ings w ill be provided in a subsequent amendment. The proposal due date of 16 November 2012, 1500 hours Central European Time (CET) is hereby extended to 26 November 2012, 1500 hours

CET.

All other terms and conditions remain unchanged. See continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 07-Nov-2012

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912GB-13-R-0001

X 9B. DATED (SEE ITEM 11)

02-Oct-2012

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 X is extended, is not extended.

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

07-Nov-2012

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB-13-R-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0001

List of Revisions:

Revised drawings referenced in the Q&As are included in this amendment. Refer to the revised List of Drawings.

Duplicate tax clause under Section 00800 which referenced a 2.63% tax rate is deleted.

Clarification:

Army Single Face to Industry (ASFI) servers crashed and the documents uploaded thereto are not available at this time. The documents appearing on FedBizOpps (FBO) prior to the issuance of this amendment just reuploads of those documents previously posted through ASFI.

Questions and Answers:

The list of questions below includes all questions submitted prior to 26 October 2012. Those which do not include a response will be answered in a subsequent amendment.

All remaining questions must be submitted in writing and no later than 16 November 2012 at 1200 hours Central European Time (CET) to allow the Government adequate time to form responses and address all concerns; no questions will be acknowledged or answered verbally. Any questions submitted after the date and time specified herein may be answered at the discretion of the Contracting Officer.

1. Attachment 7 “Bid Schedule” notes the following: “Israeli subcontractors and Israeli labor may be used for work associated with exempted materials”. Does this mean that Israeli Subcontractors and Israeli Labor may not be used for non-exempted materials? We do not find a clear statement in the contract documents which excludes the use of Israeli labor for the installation of these materials.

RESPONSE – The referenced sentence will be deleted from the bid schedule in a subsequent amendment.

2. Attachment 7 “Bid Schedule” states the following: “In addition, notwithstanding the status of Israel as a designated country under IBOP, no Israeli content will be allowed on this contract except bulk materials (such as sand, gravel, or other soil material, plant materials, stone, cement or cement products, concrete masonry units or fired brick and other materials as listed in the OSP worksheet), materials described in the "Direction on Israeli Content - Other Bulk Items" and other items specifically authorized for purchase in Israel either in the contract specifications or by express written authorization of the Contracting Officer (not ACO or COR)”. Attachment 5 “Sample OSP Worksheet and Directions” does not specifically identify the waterproofing as an exempted material, but does indicate that “Roofing” is a non-exempted material. Special Specification Chapter 5 regarding “Waterproofing” lists Pazkar (and Israeli manufactured product) as an example of an acceptable waterproofing. Considering the scope of waterproofing associated with this project, we can see how it would be advantageous to the COE to have a locally manufactured product that could be installed by local manufacturer’s technical representatives. Please advise if the waterproofing associated with the Chapter 5 Special Specifications will fall under the Exempted Materials A.12 heading of “Other Bulk Material” on the OSP Worksheet. If so, please confirm that these materials can be installed by Israeli Subcontractors and Israeli Labor.

3. Section 00800 paragraph 2.b states the following "Indirect taxes will be reimbursed to the contractor as a percentage of contract amount. Under this contract, 2.63% of the contract price will be paid to the contractor in U. S. dollars as a full and complete reimbursement for indirect taxes paid". Special Contract Requirements SR-1 paragraph 2.b states the following "Indirect taxes will be reimbursed to the contractor as a percentage of contract amount. Under this contract, 1.5% of the contract price will be paid to the contractor in U. S. dollars as a full and complete reimbursement for indirect taxes paid". Please confirm which value will be used for calculating the indirect taxes. RESPONSE – The indirect Tax Rate is 1.50%. The reference to the 2.63% tax rate is deleted from section 00800.

4. Section 01 35 26 – Safety & Occupational Health Requirements para. 1.8.1.1 states “the contractor must provide a SSHO”. Section 8 of Contractor Managing Team On Site states “In addition to section 01 35 26 para. 1.8.1.1 the Contractor will employ another SSHO in the site.” Please clarify if the Contractor is to provide 1 or 2 SSHOs on the project site? RESPONSE – The Contractor shall provide two (s) SSHOs on the project site.

5. As mentioned during the 10/11/12 Site Walk, this highly complex, multi-phased project requires the Contractor to demonstrate a thorough understanding of the project requirements and as such an extension to the due date was discussed. We are requesting the Government to immediately extend the proposal submission date, by three weeks to allow for a more careful consideration of the drawings and specifications. RESPONSE – The proposal due date is hereby extended by this amendment to 26 November 2012, 1500 hours Central European Time (CET).

6. What is the final date and time to submit technical questions for the Government’s review?

RESPONSE – Questions shall be submitted no later than 16 November 2012.

7. Under Special Contract Requirements, “A liaison on behalf of the Contractor, serving as liaison officer between the Contractor and the COR, shall be present on site during the employees’ stay on site. This person shall be an Israeli citizen who has completed their Israeli Air Force (IAF) service, and shall have the approval of the field security.” Please clarify who is responsible for hiring the Israeli Liaison Officer, Contractor or Government? RESPONSE –The Contractor will hire a Liaison Officer who will represent the Contractor and will be required to be an Israeli citizen who completed their Israeli Military service (i.e. IAF, INF, IDF).

8. Please clarify the requirement for a licensed surveyor. Is a licensed surveyor required on-site during the entire project or during applicable construction times? RESPONSE – A licensed surveyor will be required on-site during applicable construction times.

9. Please confirm the use of Turkish labor is prohibited. RESPONSE – Turkish labor force is prohibited.

10. Please provide the temporary power amperage available at the site. RESPONSE - There is temporary power of 200 ampere (3 phases).

11. Given the fact that excavation is complete, please provide explanation as to the emphasis of below ground construction experience in the evaluation factor of Past Performance.

12. We kindly request that USACE issue the drawing files in .DWG format. RESPONSE – The Government will not issue .DWG drawings during the solicitation phase; however, the successful offeror will receive the .DWGs after award.

13. Please confirm that the deadline to submit questions will be as prescribed by the FAR and not earlier.

RESPONSE – refer to response to question 6.

14. Please confirm that local or third country labor to deliver and install non-exempt US, foreign material is considered non-exempt. RESPONSE – Local or third country labor is exempt.

15. The road drawings (Specifically the “Survey Plan” found on R-02) and the Site Development drawings (Specifically the “Site Development Plan” shown on drawing R-201) show a general plan for the paving works at the site. There are many discrepancies between these drawings (i.e. locations of interlocking paving stones, concrete surfaces, precast stair details etc). Please clarify which drawing set govern. RESPONSE – Revised drawing R-201 will be provided in a subsequent amendment.

16. The Site Development Plan (Drawing R-201) and “R” series drawings show areas shaded as

“concrete surface,” however, no detail is provided for the reinforcement of the concrete surface outside of the building slab details provided in the structural drawings. It is not clear which CLIN pricing for the “concrete surface” is to be included. Please clarify in which CLIN pricing for this item should be placed and also provide the applicable reinforcement details for the concrete slabs that surround Buildings C1 and C2. RESPONSE – Revised drawings R-02 and R-65 will be provided in a subsequent amendment. Reinforcement details for concrete slabs around buildings C1 and C2 are in drawing R-65. Pricing for concrete slabs around buildings C1 and C2 shall be included in CLIN 0003, pricing for concrete slab inside the buildings shall be in CLIN 0002 for C1 and CLIN 0008 for C2.

17. The interlocking paving stone details shown in the site development drawings (see drawing R-

204) show a layout requiring two colors of precast paving stone and a particular soil preparation condition beneath the paving stone. This differs from the details shown in the Road Drawings (Drawing R-65). Please clarify which layout of precast interlocking paving should be used and which soil preparation condition should be considered when pricing. RESPONSE – The layout of the precast interlocking paving is from drawing R-204 which will be provided in a subsequent amendment..

18. Please provide a drainage scheming layout for Building B. RESPONSE – Drawing P-122 provides the drainage scheme for each floor of Building B.

19. The drawings for Building B at level -20.46 show manholes with 30x30 cm stainless steel grated covers. However, no details are provided on the manhole. Please provide sections through manholes and rebar details.

20. Sheet S-4.13-a5C1-2R8-308 shows C-09 concrete finish at several instances (e.g. for the concrete wall at the intersection of grid lines 43 and C2-M). However the legend does not indicate any C-09 concrete. Please clarify the concrete type and finish. RESPONSE – The concrete finish should be C-05. An updated drawing will be provided in a subsequent amendment. Further, drawings A- 307, A-308, A-310, and A-311 are revised and will be provided in a subsequent amendment..

The concrete finish in drawing A-307 and 308 is C-05, A-310 and 311 is C-10.

21. Specification Section 51.4.000 and drawing number R-61 state that the wearing course asphalt layer is to be including in the pricing for Option 8. The asphalt is also to receive road painting per Specification Section 51.6.000. Please clarify whether pricing for road painting as mentioned in specification chapter 51 is to be included in Option 8 or in the base bid. RESPONSE – Road painting shall be included in the price for CLIN 0003.

22. In reference to sheet A4.13-15B-1B2-104, please provide details on the Pumping Pit shown on the Building B Plan Level -2 at grid line 24 between B-K and B-L. RESPONSE – All details are included in drawing P-104.

23. For Building B, Plan Level -4 structural drawings S-413-15B-2B4-104 and S-413-15B-2B4-104 show walls M, Q and Z. However the architectural drawing A-4.13-15B-1B4-113 and plumbing drawing P-4.13-15B-1B4-113 for the same plan level do not indicate these walls on the plans or their respective sections. Please clarify. RESPONSE – The walls are structural elements and in the scope. There are no other works (Architectural, Plumbing, etc.) for these walls.

24. For Building B, the architectural drawing A-4.13-15B-1B2-104 plan level -2 shows a wall from grid line B-L to B-P before grid 24. However, section 5 on drawing A-4.13-15B-5.5.6-137 that is cut through grid line B-M does not indicate any wall. Please clarify. RESPONSE – Work shall be performed in accordance with drawing A-104.

25. Structural drawing S-413-15B-2B2-116A for Building B Plan Level -2 shows walls W, S and T that are not indicated in the architectural drawing A-4.13-15B-1B2-104 for plan level -2. Please clarify. RESPONSE – Refer to the response to question 23.

26. The wall S along grid line B-I is shown to extend from elevation level -29.41 to -10.75 in the wall view at axis 25 on sheet S-413-15B-5-163. However the wall is not shown on the corresponding plan levels on architectural drawings. Please clarify. RESPONSE – Refer to the response to question 23.

27. The wall along grid line 24 opens to the pump room from elevation -24.26 to elevation -25.395 at section 7-7 on sheet S-413-15B-2B4-105 however no opening is shown on the -25.395 plan level for the same wall. Please clarify. RESPONSE – The opening shown on section 7-7 is between level - 3 and -2. Since the wall does not reach level -2 it is not shown on the plan.

28. Section 8-8 on sheet S-413-15B-2B4-105 shows that the staircase tower wall along grid line 24 has Ø16 bars at 20 cm intervals. However, drawing S-413-15B-5-164 shows the same wall to have Ø20 bars. Please clarify. RESPONSE – The reinforcement shown on plan 164 is correct. An updated drawing S-105 will be provided in a subsequent amendment.

29. Where can I find copies of the following standards mentioned in the solicitation: Israel

Standards, Standards Institution of Israel and Foreign Standards?

30. Can you please clarify the scales used in the drawings? For example, in the electrical drawing E- 4.13.15B.B4-279 it shows two scales, 1:100 and 1:50. In this case, what would the 1 represent and what would the 100 or 50 represent? Meters?

31. Drawing S-413-15B-2B2-121 shows Ø10 bar for the top 15 cm concrete finish over the 25 cm thick structural slab for Sections 2, 3 and 5. Please confirm. RESPONSE – The drawing is correct.

32. Sheets S-413-15B-2B3-110B and S-413-15B-2B3-110C only show the bottom layer of reinforcement for the 40 cm thick slab over the Elevator Machine Room. Please confirm that there is no top layer of reinforcement for it. RESPONSE – There is a top layer. Updated drawing S-100C will be provided in a subsequent amendment.

33. The walls H, I and J are shown to extend from plan level -25.395 to level -10.75 as indicated on sheets S-413-15B-2B3-114 and S-413-15B-5-160. However the corresponding plan levels in the architectural drawings do not show these walls. Please clarify. RESPONSE – Refer to the response to question 23.

34. The walls T and W are shown to extend from plan level -25.395 to level -10.75 as indicated on sheets S-413-15B-2B3-114 and S-413-15B-5-163. However the corresponding plan levels in the architectural drawings do not show these walls. Please clarify. RESPONSE – Refer to the response to question 23.

35. The wall S is shown to extend from plan level -29.41 to level -10.75 as indicated on sheets S-413- 15B-2B3-114 and S-413-15B-5-163. However the corresponding plan levels in the architectural drawings do not show these walls. Please clarify. RESPONSE – Refer to the response to question 23.

36. “Corrections and Additions to the SR Documents" dated 16 August 2011 states under section ‘11- Communication’ that no radio station or radio instruments shall be operated on site. However for a project of this magnitude inter-communication and coordination between the workforces is very important. Would the government consider allowing the use of radio communication for this project?

RESPONSE – Use of radio instruments for inter communications will be allowed under the following conditions.

a. The channel of the radio will be coordinated with the COR and will be in use only after getting a permit.

b. For each channel that will be in use, the contractor will give the COR an extra devise, a charger and a battery.

c. The contractor will have no demands to the COR in the event an IAF representative stops the use of the radio communication.

37. Reference: 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010), Basic Proposal Requirements, Page 122 of 139

This reference requires a 100% Performance and Payment Bond to be provided for this contract.

However, as this project is not in the United States and many previous procurement actions under USACE Europe have not had such a requirement, we request that this requirement be reconsidered. In lieu of this requirement, can a Bank Letter of Guarantee be provided? Additionally, can the 100% requirement be lowered to between 10% and 30% of the contract value? This is in-line with other large projects in the Middle East and Europe with USACE. RESPONSE – This is under consideration and a response will be provided in a subsequent amendment.

38. We are interested in submitting a bid on the gas doors, shock wave gas doors, and the shock wave doors for this project. While searching the solicitation drawings we were unable to locate drawings PD-4.13-15-80-701, PD-4.13-15-100; PD-4.13-15-120; PD-4.13-15-110; and PD-4.13-15-130 for door details and hardware requirements. We also need door types 36, 54, and 53. We need the maximum wave/blast loads, the type of sealing system(s) the government would like on the doors, and specifications for the doors if they are available. Any information you could provide will be helpful.

39. In reference to Ceiling Finish Building B, Level -1

a. Room 127-Plan in Drawing 1B1-170 shows the ceiling on the perimeter as G01, while section 7 in drawings 5-140 shows G-03. Please confirm which is correct.

i. RESPONSE – Work shall be performed in accordance with plan A-170.

b. Please confirm the ceiling type/finish for rooms 196, 197, 198 and 199.

i. RESPONSE – The ceiling finish for rooms 196 through 199 is EP-01.

c. Room 117 – Please confirm the applicable ceiling material for this room. The plan in drawing 1B1-170 shows G-05; however, this area is symmetrical to room 104, which shows the finish as ME-03.

i. RESPONSE – The ceiling finish is ME-03.

40. Floor finish Building B, Level -3

a. Rooms 220, 221, 223, 205, 207 and 209 – drawing 1B2-203 shows the floor finish as EP-01, while the section in drawings 5-131 shows the flooring as C-03 with ME-05. Please confirm the correct floor finish.

i. RESPONSE – The correct floor finish is EP-01.

41. Ceiling Finish Building B, Level -3

a. Room P09 and P10 – drawing 1B3-176 show the ceiling finish as PL-01; however, the section in drawing 5-140 shows C-15. Please confirm which one is correct.

i. RESPONSE – The correct finish is hydraulic cement finish. Refer to drawing W-4.13-15b-02-2, -3,3.

b. Room 399 – the finish tag in drawing 1B3-176 designated the ceiling as ME-03 (60x60cm acoustical panel); however, the hatch pattern is not consistent, which shows it as ME-01 (acoustical metal panel, 30cm wide). On the other hand, section in 5-140 shows ceiling ME-

03. Please confirm which one is correct.

i. RESPONSE – ME-01 is correct.

42. Floor finish Building B, Level -3

a. Floor finish, drawing 1B3-206 – please confirm the floor finish for yellow diagonal hatched area at level -3. The plan shows the fish as C-13, whereas the sections show the finish as C- 10 with EP-01

i. RESPONSE – The correct finish is C-13.

b. Room 386 - drawing 1B3-206 shows the floor finish as C-13 with ACF-02, whereas the section in drawing 5-134 shows the flooring as composed of C-10 with EP01 and ACF-02.

Please confirm the applicable flooring material/finish

i. RESPONSE – The correct finish is C-13 with ACF 02.

c. Rooms 393, 394 – drawing 1B3-206 shows the floor finish as ACF-01, whereas the section in drawing 5-131 shows the floor as C-13 with TR-01. Please confirm what comprise the flooring for these rooms

i. RESPONSE – The correct finish is C-13 with ACF 01.

43. Pile Depth Clarification

a. Reference pile notes [NOTES FOR PILES CONSTRUCTION] on sheet number S-4.13-

15D2-20-412. Note #1 states “The geotechnical engineer must be called out to observe the drilling of the first piles. The final length of the piles by the geotechnical engineer based on the field observations”. Please provide an estimated pile depth for bidding purposes, so that all contractors can quote the pile work on an equal basis.

i. RESPONSE – The length of the piles shall be taken from the foundation drawing. Any deviation less than +/- 15% of these lengths shall not be cause for an adjustment in price or time.

44. Regarding the Bid Schedule Clin 10- option 2 - "replace concrete layer above Bldg. B…" we did not find the plan/detail for this option. We found only the concrete option. RESPONSE – CLIN 0010 will be revised via subsequent amendment; however, for clarification, the base bid is to fill the layer with compacted restored fill while the option is to put a layer of concrete instead of a layer of compacted restored fill.

45. It is my understanding that according to this bid document, clause 52.228-1, the offeror has several options to satisfy the bid guarantee. Please advise. RESPONSE – Yes, there are various options available under clause 52.228-1 to satisfy the bid guarantee; however, the use of BLAs is under consideration and a response will be provided in a subsequent amendment.

46. Reference drawings A-4.13-15B-1B2-104 and 203

a. Gridline B-H/34 to 30 - please confirm the type of wall. Drawing 1B2-104 shows it as CMU, while drawing 1B2-203 shows it as FL-33 which is a double-gypsum wall

b. Please confirm if there is a wall along Grid 32/B-E to B-E1 that separates room 215 from room 218. Drawing 1B2-104 shows the wall, while drawing 1B2-203 does not

c. Various Rooms - wall type in 1B2-203 shows several walls as FL-33 (double-gypsum wall) whereas these walls are shown as CMU in drawing 1B2-104

d. Rooms 235 & 236 - please confirm the width of the gypsum wall for these rooms.

Drawing 1B2-104 shows the applicable details as G04 & G05, which are both 120mm wide. However, drawing 1B2-203 shows the section as FL-33 which is a 175mm wide wall.

47. The Bid Schedule outlines the same non-exempted Israeli / Foreign / US items as the OSP

Worksheet, does the OSP Worksheet need to be included with the Contract’s proposal?

RESPONSE – Yes, the OSP Worksheet must be included in the Offeror’s proposal.

48. If the OSP Worksheet is to be included with the Contractor’s proposal, where should the OSP

Worksheet be placed within the proposal? RESPONSE – The OSP Worksheet shall be included with the bid schedule.

49. Can a Past Performance Questionnaire (PPQ) previous completed on the same form provided within the Site 911 RFP be used in lieu of asking a project’s Government point-of-contact to complete the same form again? RESPONSE – Offeror’s may submit a previously completed “USACE PPQ to be Completed by Client” (Attachment 4) but must ensure that the “USACE PPQ” (Attachment 3) included in the offer contains updated information and most importantly updated client information.

50. Please provide a detail of the irrigation system inspection box noted on Sheet R-4.13.15-203.

RESPONSE – All information and details are in drawing R-203.

51. Where are the water supply connections for the irrigation system? Should the connections be provided with backflow preventers? RESPONSE – All information is in drawing R-203. The connections shall be provided with backflow preventers.

52. Sheets R-4.13.151-01, 02 and 03: Notes on these sheets indicates that revised grading will be issued in the event Option 8 is not awarded. What grading is to be utilized in pricing the base bid?

53. Sheet R-4.13.151-01: What do the lines connecting the existing spot elevations represent? What do the magenta contours represent?

54. Stockpiles in the area southeast of the building site are said to contain material from Building B excavation. Do the existing contours of Sheets R-4.13.151-01 or R-4.13.15-205, or any other sheet reflect those stockpiles? If not, how can a Contractor determine earthwork quantities to finish grade that portion of the site?

55. Please provide a plan showing details of the excavation and present grades throughout.

RESPONSE – Refer to drawings S-413-15B-20-100 and S-413-15B-20-101.

56. To what extent have excavations for the B, C, D and E buildings been performed? Although several plans show portions of excavations, there is no plan showing a composite plan of excavations performed to date and their relationship to proposed building foot-prints, thus it is difficult to estimate structure backfill quantities and substantial related costs without a clear representation of existing site conditions. RESPONSE - For building B See drawing S-413-15B-20-100 and S- 413-15B-20-101, for building C See drawing S-413-15C1-20-300A and S-413-15C2-20-300B, for building D1 & D2 See drawing S-413-15D1-20-401 and S-413-15D2-20-402, for building E See drawing S-413-15E-20-500

57. In accordance with Section 51.200, Exposure of the Special Specifications, to what extent has the

15 cm of stripping been performed across the project site?

58. Special Specifications, Section 51.200, Sub grade and lots compaction, requires compaction to be in accordance with provisions of section 510263 on the interministerial specification (“The Blue Book”). Please provide that referenced document.

59. Does the existing excavation for Building B extend to finished grade? RESPONSE – Refer to drawings S-413-15B-20-100 and S-413-15B-20-101.

60. Sheets P-4.13-15S-20.01 and 20.02 call for cross-linked PE water pipes. However, specification section 57070 specifies Israel Standards 532 and 645 for PVC piping for water supply. Please clarify this perceived conflict. Please provide the referenced Israeli standards. RESPONSE - There is no conflicts between the two. The standards are:

Cross-linked PE water pipes matter = I.S. 1519 Cross-linked PE water pipes underground installation – the same instructions as for PVC pipes underground installation in the new I.S. 74422 part 6 (instead of old I.S.

1083) **I.S. 532 and 645 is for pressure PVC pipes and accessories - not in use here**

61. Detail G on sheet 413159-65 and Special Specifications 51.05.000, Concrete ditch with lattice call out a “Yarden”-type lattice. Please provide a clarifying detail of this component.

62. Foundation layout plans (S-4.13-15D1-20-402 & 412) for Buildings D1 and D2 include pile identification symbols providing the load, top elevation, diameter, drilling length in the soil, and minimal extra length. Please clarify the terms “drilling length in the soil” and “minimal extra length”.

63. Structural Drawings for Building D1: Foundation Layout (S-4.13-15D1-20-402) shows the OK elevation for all piles at -14.2. However, Wall A & B elevations on S-4.13-15D1-2B2-407 indicate the top of piles 32 and 44 slightly below elevation -2.035. Please clarify. RESPONSE - All the piles are drilled from elevation -14.2. For piles 32 and 44 there is a column of the same diameter starting at -14.2 and finishing at -2.035.

64. Structural Drawings for Building D2: Foundation Layout (S-4.13-15D2-20-412) shows the OK elevation for piles 16, 17, 30 and 31 at -14.2. However, Wall A & B elevations on S-4.13-15D2- 2B2-417 indicate the top of those piles slightly below elevation -2.13. Please clarify. RESPONSE

- All the piles are drilled from elevation -14.2. For piles 16, 17, 30, 31 there is a column of the same diameter starting at -14.2 and finishing at -2.035.

65. Structural Drawings for Building D2: Foundation Layout (S-4.13-15D2-20-412) shows the OK elevation for all piles 1 and 2 at –3.94. However, section 3-3 on S-4.13-15D2-2B1-411 indicates the top of these piles at elevation -2.39. Please clarify.

66. Structural Drawings for Building E: Foundation Layout (S-4.13-15E-20-501) indicates the OK elevation for piles 11 and 19 at elevation -16.91. Whereas the elevations for Walls 3 and 5 (on sheets S-4.13-15E-20-509 & 510) show the top of piles at -3.94. Please clarify. RESPONSE – All of the piles are drilled from elevation -16.91. For piles 11 and 19 there is a column of the same diameter starting at -16.91 and ending at -3.94.

67. Plan sheet S-4.13-15B-20-100, the sections show first and second stage excavation lines. Please clarify what these lines represent. RESPONSE - The first stage excavation line is the existing condition. The contractor will be required to excavate from the first stage excavation line to the second stage excavation line.

68. Plan sheet S-4.13-15B-20-101, please indicate the locations of sections 2-2, 4-4, 5-5 and 6-6.

69. Plan sheet R-413151-02: On the west side of the concrete portions of Road 3 there are concrete drain channels that do not appear to have outlet pipes. How is the discharge from these channels collected?

70. Plan sheet R-413151-03 indicates a drainage cross-section A-A on the 60 and 80cm pipes heading south along the west side of Building C1. Where is this cross-section located?

71. Plan sheet R-413151-03, please provide details for the drainage control chambers. Please clarify the note “Steel Mesh MRN Type”. Please provide a detail for the Holding Chambers south of Building C-2.

72. Plan sheet R-413151-02, there appears to be a drainage channel flowing northward into the control chamber on the west side of Building D3. Please clarify and provide a detail as necessary.

73. Plan sheets R-4.13.15-201 & 202, what type of surface finish is required for areas that don’t receive granite crushed stone mulch?

74. If Option 8 is not selected, what surface finish is to be provided under the base bid?

75. Please provide details including thickness, etc. of granite crushed stone mulch.

76. Please define in detail the components of Option 8 including plan references.

77. Plan sheets R-4.13.15-201 & 202, are the concrete benches part of Option 8?

78. Page (pdf) 159 of the Solicitation document states “The computer software system utilized by the

Contractor to produce the project Schedule shall be MS Project and Primavera Construction software.” Please clarify that MS Project OR Primavera Construction Software will be acceptable.

If the assumption is that one or the other software systems will be acceptable, then is a printed version of the schedule generated from Primavera P6 acceptable?

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 16-Nov-2012 03:00 PM to 26-Nov-2012 03:00 PM.

The Issued By organization has changed from

CONTRACTING OFFICE

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

to

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5,000,000 and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

252.225-7045 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE

AGREEMENTS (MAY 2012)

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

Caribbean Basin country construction material means a construction material that---

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

Commercially available off-the-shelf (COTS) item--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products.

Component means any article, material, or supply incorporated directly into construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Designated country means--

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), or the United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

Designated country construction material means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Free Trade Agreement country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed.

Least developed country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

United States means the 50 States, the District of Columbia, and outlying areas.

WTO GPA country construction material means a construction material that--

(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed.

(b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials.

(c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for--

(1) Construction material valued at or below the simplified acquisition threshold in part 2 of…