W912GB-16-R-0004-0001_Bulgaria_JOC_Conformed_Copy.pdf

W912GB-16-R-0004-0001

The acquisition w ill result in one Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) Job Order Contract (JOG) for Bulgaria to provide real property repair and maintenance, environmental w ork, force protection w ork, and construction services w hich primarily address general building renovation, road and pavement repair, and general environmental w ork including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete w ork, and environmental remedial w ork. Project may also include Force Protection type projects and other construction projects.

SECTION 00010 Summary of Work SECTION 00100 Instruction to Bidders SECTION 00600 Representations & Certif ications SECTION 00700 Contract Clauses SECTION 00800 Special Contract Requirements

Attachments:Section 00 41 00 Pricing Schedule-excel spreadsheet (Bulgaria), 2015 Germany Unit Price Book, A1 Experience Overview Sheet, A2 Experience Information Sheet, A3 Past Performance Sheet & Client Form, A4 Sample Letter of Assurance, DIN Conversion to European Standard, VAT Procedures Bulgaria, Specifications listed in 00010 Summary of Work, Scope of Work for Sample Task Order Factor 4 and Sample Bank Letter Guarantee (BLG) for Sample Task Order

DEAN P DEFORD DEAN.P.DEFORD@USACE.ARMY.MIL

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

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

NEGOTIATED

01-Dec-2015

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______7 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________26 Jan 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912GB-16-R-0004

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,000 Job

Base Year: Bulgaria JOC

FFP

Firm Fixed Price Indefinite Delivery / Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC), inclusive of Defense Base Act (DBA) Insurance, to provide a contract vehicle for real property repair and maintenance, environmental work, force protection work, and construction services for most U.S. Government facilities under the jurisdiction of Bulgaria. The contract shall have a total capacity not to exceed $49,999,995.00, which is the maximum capacity for the base and four (4) option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract value shall not exceed (NTE) $49,999,995.00.

FOB: Destination

NET AMT

1001 1,000 Job

OPTION Option Year 01: Bulgaria JOC

FFP

Firm Fixed Price Indefinite Delivery / Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC), inclusive of Defense Base Act (DBA) Insurance, to provide a contract vehicle for real property repair and maintenance, environmental work, force protection work, and construction services for most U.S. Government facilities under the jurisdiction of Bulgaria. The contract shall have a total capacity not to exceed $49,999,995.00, which is the maximum capacity for the base and four (4) option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract

1002 1,000 Job

OPTION Option Year 02: Bulgaria JOC

FFP

Firm Fixed Price Indefinite Delivery / Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC), inclusive of Defense Base Act (DBA) Insurance, to provide a contract vehicle for real property repair and maintenance, environmental work, force protection work, and construction services for most U.S. Government facilities under the jurisdiction of Bulgaria. The contract shall have a total capacity not to exceed $49,999,995.00, which is the maximum capacity for the base and four (4) option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract

1003 1,000 Job

OPTION Option Year 03: Bulgaria JOC

FFP

Firm Fixed Price Indefinite Delivery / Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC), inclusive of Defense Base Act (DBA) Insurance, to provide a contract vehicle for real property repair and maintenance, environmental work, force protection work, and construction services for most U.S. Government facilities under the jurisdiction of Bulgaria. The contract shall have a total capacity not to exceed $49,999,995.00, which is the maximum capacity for the base and four (4) option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract

1004 1,000 Job

OPTION Option Year 04: Bulgaria JOC

FFP

Firm Fixed Price Indefinite Delivery / Indefinite Delivery Indefinite Quantity (IDIQ) Job Order Contract (JOC), inclusive of Defense Base Act (DBA) Insurance, to provide a contract vehicle for real property repair and maintenance, environmental work, force protection work, and construction services for most U.S. Government facilities under the jurisdiction of Bulgaria. The contract shall have a total capacity not to exceed $49,999,995.00, which is the maximum capacity for the base and four (4) option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 1,000.00 $49,999,995.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $2,500.00 1,000.00 $1,250,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-JUN-2016 TO

31-MAY-2017

N/A U.S. ARMY CORPS OF ENGINEERS,

EUROPE

CENAU-CT

KONRAD-ADENAUER RING 39

WIESBADEN 65187

(+49)611-9744-2600

WK4SF6

1001 POP 01-JUN-2017 TO

31-MAY-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2018 TO

31-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUN-2019 TO

31-MAY-2020

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUN-2020 TO

31-MAY-2021

N/A (SAME AS PREVIOUS LOCATION)

SUMMARY OF WORK

SECTION 01 11 00

SUMMARY OF WORK

1.1 GENERAL INFORMATION

a. PERFORMANCE PERIOD: A base period of one (1) year and four (4) option periods of one (1) year each.

b. MAXIMUM CONTRACT VALUE – BULGARIA JOC: Not-to-exceed $49,999,995 for the life of contract.

c. MINIMUM GUARANTEE: The minimum guarantee amount is equal to reasonable profit for a task order equaling $5,000 for the base year and each option year of the contract.

d. TASK ORDER LIMITATIONS: The Minimum Task Order $2,500 and the Maximum Task Order is limited to $1,250,000. All task orders will be awarded and invoices paid in Euros. On a case by case basis the Contracting Officer has the authority to issue task orders that may exceed the maximum task order limit.

e. BANK LETTER OF GUARANTEE and LETTER OF ASSURANCE: The Bank Letter of Assurance shall be $4,999,999. The Bank Letters of Guarantee will be provided at the JOC level.

f. UNIT PRICE BOOK (UPB): UPB is dated 2015, is to be used as the contract specification in the execution of work under this contract.

g. The above terms shall be used interchangeably in this solicitation and final contract.

1.2 PURPOSE AND SCOPE:

The acquisition will result in a Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) Job order Contracts (JOC) for Bulgaria to provide real property repair and maintenance, environmental work, force protection work, and construction services which primarily address general building renovation, road and pavement repair, and general environmental work including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remedial work. Project work may also include Force Protection type projects and other construction projects.

1.3 GEOGRAPHICAL LOCATION

The geographical area covered by these contract includes all U. S. Government Facilities throughout Bulgaria.

1.4 TASK ORDERS

a. When the Government has a work request, a Request for Proposal (RFP) will be issued. The RFP shall include information concerning the statement of work, guide specifications, drawings, attachments, information pertaining to a site visit, and any other requirements for submission.

b. Contractor attendance at site visits is considered vital to preparation of offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers. The Contractor shall not be reimbursed for attendance during negotiations, site visits, or other pre-Task Order award costs.

c. The Contracting Officer reserves the right to make attendance at site visits mandatory for specific Task Orders.

d. Ordering shall be as specified herein and in accordance with Contract FAR Clauses 52.216-18 “Ordering” and 52.216-19 “Ordering Limitation”.

1.5 REQUESTS FOR PROPOSAL

Contractors shall respond to RFP’s within the number of calendar days stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP. Site Visits shall be coordinated with the Project Manager or COR.

Proposals will either be accepted as-is or negotiated to the mutual agreement of both, the Government and the Contractor. Upon conclusion of satisfactory discussions or negotiations, a Task Order will be issued by the Contracting or Ordering Officer reflecting the negotiated order price and payment terms as outlined in the statement of work and specifications. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means.

1.6 PAYMENT AND ORDERING

Each Task Order issued against this contract shall specify the quantities and tasks necessary to perform the scope of work for that Task Order. Task Orders will be issued on DD Form 1155. Orders may be placed via mail, telephone, facsimile or electronic commerce. The Task Order becomes binding when the Contracting Officer signs the Order.

No separate payment will be made for the work covered under this section and all costs in connection therewith will be included in the applicable contract price to which the work pertains

Proposal prices shall be free of any Value Added Tax (VAT). Current VAT exemption procedures will be published in an Amendment to this solicitation; however, the procedures may change and can be updated on a task order by task order basis. Further, all business costs associated with complying with VAT regulations and processing VAT exemptions will be non-reimbursable expenses.

1.6.1 Unit Price Book

a. SCHEDULE OF SERVICES AND RATES (SSR) or UNIT PRICE BOOK (UPB): The Schedule of Services and rates (SSR), titled 2015 Germany UPB Update – Euro Based, is to be used as the contract specification in the execution of work under this contract.

b. UNIT PRICE BOOK (UPB) is the terminology used by the U.S. Army for Schedule of Services and Rates (SSR). The terms shall be used interchangeably in this solicitation and final contract.

NOTE: Each section of the UPB contains a page(s) of Preliminary Remarks at the beginning of the section. In most sections, there is a paragraph referencing the VOB/C and appropriate DIN, (for example, see Section 31, Preliminary/Remarks, paragraph 31.00.04). Where DINS are conflicting in the English and German versions, the German version shall govern. In all other cases the English version shall take precedence

1.6.2 Coefficient

The contractor's coefficients are as a numerical factor increase, (e.g., 1.10) or decrease in association with performance of a Task Order. The coefficients are incorporated in the contract and used in establishing price for Task Orders.

1.6.2.1 Coefficient Definitions

Contractor’s coefficients shall contain all costs, in addition to those contained in the Unit Price Book (UPB) and the Non Pre-Priced Items (NPP).

Coefficients are a numerical factor that represents contractor costs direct and indirect not considered to be included in the UPB. The Contractor's coefficients shall contain all Contractors costs inclusive of profit, all overhead (to include home office and field overhead), labor burden, insurance, adjustments to listed prices, general and administrative expenses, subcontractor mark-up, mobilization and demobilization, and all other costs including, but not limited to, compliance with environmental laws, permits, preparation of reports, correspondence and documentation required by law or these specifications, tax laws, protection and/or moving of government property and engineering services. (Engineering services include those services that are incidental to construction, and completing submittals for construction work). The coefficients shall also include costs necessary to interface with Government representatives, and coordination with occupants and other Contractors as necessary. The coefficients shall also include, but is not limited to, costs for:

a. Contractor’s overhead and profit

b. Subcontractors overheard and profit

c. All cost associated with bank guaranty

d. Defense Base Act (DBA) Insurance

e. All waste and excess material

f. Employee payroll taxes, insurance and fringe benefits

g. Business taxes, contributions, memberships, corporate headquarters support (legal, financial, etc.)

h. Compliance with environmental laws (overheard {indirect} cost associated with performing work in compliance with EPA/OSHA regulations including local Government requirements, including obtaining any necessary licenses and permits, reporting requirements, etc.)

i. Mobilization and close out for the total contract and each Task Order

j. Compliance with protection and safety laws (i.e., safety rails, face and clothing protection, etc.)

k. Clean up

l. Traffic and work-site signs and barriers

m. Project management and supervision

n. Quality control

o. Submittal preparation

p. Office management and equipment

q. Depreciation of mobile office(s)

r. Protection of Government property

s. Interest associated with funding of equipment and payroll

t. As built drawings

u. Permits, licenses and fees

v. Other risk of doing business (i.e. currency risk)

Bare Cost is defined as:

a. Material cost which may include freight but may not include any overhead or associated cost whether by the Prime or a Subcontractor, or both.

b. Labor cost which may include associated payroll taxes, but excludes vacations, sick leave or any labor overheads whether by the Prime or Subcontractor, or both.

c. Equipment that is to be used solely as a result of the inclusion of the Non Pre-Priced item whether by the Prime or Subcontractor, or both.

1.6.2.2 Normal Hour and Other Hour Coefficients

a. Each Task Order issued against this contract shall specify the quantities necessary to perform the scope of work for that Task Order. The quantity shall be multiplied by the unit price established in the UPB and multiplied by the award coefficient for Normal Hours, Other than Normal Hours, or NPP.

b. The contract awarded Normal Hours Coefficient will be applied to the UPB price for work performed during normal work hours, which will be 0800 to 1630 local time, Monday through Friday unless otherwise noted in Task Orders.

c. Other (than Normal) Hour Coefficients will be negotiated on an individual task order basis, as needed.

d. The contract awarded NPP will be applied to the UPB price for work substantiated by quotes.

1.6.2.3 Non Pre-Priced Items

Items of work not covered by the UPB that are within the Scope of the Contract are considered Non Pre- Priced (NPP) items. NPP items shall be negotiated quantities based on actual quotes that are incorporated into Task Orders. The Government reserves the right to request a minimum of three quotes for comparison of pricing and the Government will select a supplier from these three quotes. The Government may request an additional three quotes if the quotes provided are higher than the Government Independent Estimate.

The total dollar value for NPPs is limited to 10% of the total dollar value for the pre-priced items per Task Order. The Ordering Officer’s authority to obligate the U.S. Government for NPP’s is limited to $2,500 or 10% of the pre-priced items, whichever is less, however, the Contracting Officer has the authority to approve Task Orders with NPP’s exceeding 10% of the total dollar value for pre-priced items.

1.6.2.4 Validity of Coefficients

Each set of coefficients for the base period and the option periods shall be valid and remain in full force for a minimum of 365 calendar days, even if an option period is exercised prior to the 365 calendar days.

1.7 SAMPLE TASK ORDER

The following sample calculation illustrates the use of the UPB for computation of prices for individual Task Orders.

The Sample Task Order illustrated below is intended to be used as an EXAMPLE ONLY, prices and coefficients are not actual prices.

Section Item Item Description :|: Group

Description

Factor Unit Price UM Quantity Total

(1) (2) (3) (4) (5) (6) (7) (8)

00‐21 0200602 Soil class 3 and 4. :|:

Excavation to be

0.50 29.90 m3 500.00 7,475.00

Excavate Building Pit

31‐13 0300304 Thickness more than 20_to_50

cm. :|: B

0.75 92.00 m3 250.00 17,250.00

Eastern Parapet Wall Concrete

82‐12 0420302 Cross section 2.5 mm2. :|:

Conductor

1.20 12.50 m 1,200.00 18,000.00

Basement Electrical Wiring

99‐00 NPP NPP‐ 800 Kva Transformer :|: 1.00 20,596.00 1ea 1.00 20,596.00

Grand Total: 63,321.00

ALL AMOUNTS INCLUDING COEFFICIENTS ARE FOR ILLUSTRATION PURPOSES AND ARE

NOT TO BE CONSIDERED TO BE SUGGESTED COEFFICIENTS AND/OR AMOUNTS

1.8 EMERGENCY ORDERING PROCEDURES

a. On rare occasions when the development of problems during other than normal duty hours arise which may jeopardize the operation of the areas, the Contractor will be required to respond to the Government within four (4) hours following telephonic notification which may be made at any time in any twenty-four hour period. To accomplish this, the Contractor will provide to the PCO a number at which he can be reached on a twenty-four hour basis.

b. The Contractor shall then, within five (5) hours (unless the Contracting or Ordering Officer determines that additional time is required) following initial coordination, provide a proposal. The time of commencement and completion shall be as specified by the Government

c. The proposal will be reviewed for completeness and any concerns or inconsistencies will be negotiated.

d. The Contractor will be verbally advised to proceed by the Contracting Ordering Officer.

e. Written confirmation by the Government and the requirements will be prepared and submitted the following work day, if practicable.

f. A Task Order will then be issued.

1.9 PLANS AND SPECIFICATIONS

If required, the Government will provide the Contractor one (1) copy of the construction drawings and Statement of Work (with pertinent supplemental specifications) upon issuance of each Task Order. The Government will provide the data as hard copy or as electronic media, such as e-mail or CD ROM. All further reproduction shall be at the Contractors expense.

The Department of Defense has adopted the revised Architectural Barriers Act and its handicap access design provisions as its required Design Standard. This ABA Standard therefore is the single point of design reference regarding construction efforts required for handicap accessible facilities (replacing the combined requirements of Uniform Federal Accessibilities Standards (UFAS) and Americans with Disabilities Act Architectural Guidelines (ADAAG) design standards). All scoping of projects will take into consideration this standard for construction. DoD policy guidelines below:

http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/background/dod-memorandum

1.10 CONTRACTOR SUBMITTALS AND CONTRACT ADMINISTRATION

1.10.1 Contractor’s Project Manager

a. The Contractor shall appoint an English speaking individual to be the Contractor’s Project Manager. The Contractor’s Project Manager shall have a minimum of five (5) years of construction management experience. Verification documentation will be made available to the Government upon request.

b. This individual shall conduct the overall management coordination on this contract and serve as the central point of contact with the Contracting Officer or his/her authorized representatives for the performance of all work. An additional English speaking individual must be designated to act for the Project Manager, when work is being performed during the absence of the Project Manager.

c. The Contractor shall provide to the U.S. Government, within seven (7) calendar days of award, the names, addresses and home phone numbers of the Project Manager and the alternate Contractor personnel with authority to act for the Contractor if the Project Manager cannot be contacted. The Contractor shall also provide the Government, at the Pre-construction Conference, the names, address and home phone number of the Project Manager’s supervisor.

d. When the Contractor wishes to change authorized Contractor personnel, a ten (10) Calendar days advance written notice of change shall be provided to and approved by the Contracting Officer or her/his representative prior to any change. The Project manager and/or any alternates designated to act for them, shall have full authority to contractually commit the Contractor for action on matters pertaining to administration of this contract. The Project Manager and his/her alternate shall be able to understand, speak, and write basic and technical English.

1.10.2 Correspondence and English Speaking Representative

All correspondence shall be in the English language. At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

1.10.3 Submittals, Shop Drawings and As-Builts

The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each Task Order when required and as specified per Task Order. Submittals shall be approved by the COR in accordance with Specification Section 01330.

The Contractor shall develop submittals for the Base Contract and shall provide these submittals to the Contracting Officer (KO) for review and approval not later than fifteen (15) calendar days after award of the contract. In the event any of the Base Contract submittals are disapproved by the KO, the Contractor shall revise the disapproved submittal to address all comments and resubmit to the KO within seven (7) days of receipt of comments. Base Contract Submittals shall include but are not limited to Safety Plan, Quality Control Plan, Environmental Plan, and the Bank Letter of Guarantee.

The Contractor shall update contract submittals and provide to the KO and/or COR, whichever is applicable, for review and approval whenever changes occur or are proposed. All Task Order submittals shall be prepared in accordance with Contract FAR Clause 52.236-21 Specification and Drawings for Construction and Specification Section 0 133 00 submittal procedures.

1.10.4 Quality Control

The Contractor shall submit a Quality Control Plan. The plan shall adhere to Specification Section 0 145

01. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with Specification Section 01 45 01 and Contract FAR Clause 52.246-12 Inspection of Construction.

1.10.5 Safety

a. Safety shall be the sole responsibility of the Contractor. The Contractor shall comply with the provisions of Contract FAR Clause 52.236-13 "ACCIDENT PREVENTION", Contract DFARS Clause 252.223-7006 "PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC HAZARDOUS MATERIALS", Specification Section 01 35 26 and 01 35 26.10, and the latest EM 385-1-1 US Army Corps of Engineers Safety and Health Requirements Manual. You may access this manual at the following internet website:

http://www.usace.army.mil/CESO/Pages/Home.aspx

b. The Contractor shall develop a Safety Plan to describe procedures and plans for preventing accidents and for preserving the life and health of the public, the Contractor, or government personnel performing, or in any way coming in contact with the performance of this contract.

c. The Contractor’s Safety Plan shall comply with the latest EM 385-1-1, Appendix A of the U.S.

Army Corps of Engineers Safety and Health Requirements Manual, Specification Section 01 35 26, and Contract FAR Clause 52.236-13 “ACCIDENT PREVENTION”. The plan shall, at a minimum, address responsibilities and procedures that all prime and sub-contractor personnel shall follow in the areas of fire safety (hazards prevention, reporting, evacuation layouts, and extinguisher locations), maintenance shop safety, protective clothing, protective equipment, disposal of waste and contaminated oil, and use electric welders, power equipment, and any other systems necessary to protect the employee.

d. Regularly scheduled safety meetings shall be held by the Contractor on site for all of the Contractor's supervisors on the project to review past activities, plan for new or changed operations and establish safe working procedures for anticipated hazards. At least one (1) tool box safety meeting shall be conducted weekly by the line supervisor or foreman for all workers.

Documentation of safety meetings and attendance shall be submitted to the Government.

1.10.6 Asbestos Plan

Before any asbestos work can begin, the Contractor shall submit an Asbestos Plan that demonstrates the Contractor’s ability to perform asbestos abatement in accordance with AHERRA and EPA requirements and Specification Section 02 82 14.00 10 “Asbestos Hazard Control Activities”. The Plan shall identify how key personnel are to be trained and/or certified and how annual training will be provided and documented. A plan for how the asbestos will be handled when encountered during non-asbestos work (contingency) shall be included. The Plan shall state that the COR will be notified prior to working with asbestos or if previously unidentified asbestos is encountered. If asbestos work is to be performed by a subcontractor, the experience and certification of credentials shall be provided. If the firm will perform the asbestos abatement, the firm’s certified personnel shall be identified and a copy of their latest certification provided.

1.10.7 Permits and Responsibilities

Permits and Responsibilities are the responsibility of the Contractor as required in Contract FAR Clause 52.236-7 “PERMITS AND RESPONSIBILITIES” and any local requirements specified in Local Clause 52.000-4092 “Installation Clearance / Access Requirements”).

1.10.8 Schedules

Schedules shall be negotiated and determined per Task Order. Schedules shall be submitted to the Government for acceptance in accordance with Specification Section 01 32 01.00 15 Project Schedules

(Alternate).

1.10.9 Contractor’s Responsibility

a. The Contractor shall be held responsible for any and all damages attributed to the actions of the Contractor or its subcontractors outside the limits of construction, including drainage structures, electrical or telephone facilities, pavement and other facilities.

b. When required, the Contractor shall lay out their work from Government-established base lines and/or bench marks as indicated per Task Order. The Contractor shall furnish at their own expense all stakes, templates, platforms, equipment, tools, material, and labor required to lay out any part of the work. The Contractor shall be responsible to for executing the work to the lines and grades as established per Task Order.

c. The Contractor shall erect and maintain temporary barricades, if required, to limit public access to hazardous areas. Barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

d. The Contractor shall be responsible for the security of their equipment.

e. Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away. Materials resulting from demolition activities which are salvageable shall become the property of the contractor unless otherwise stated in the Task Order. Stored material, whether new or salvaged, shall be neatly stacked.

f. All debris shall be removed and the area restored to its original condition, including top soil and seeding if necessary.

1.10.10 Modifications

Modifications to existing Task Orders shall be determined in accordance with the provisions of Contract FAR Clauses 52.243-4 “Changes”. All pricing for pre-priced items will be accomplished using the UPB.

1.10.11 Warranty

The Contractor warrants that the work is performed in a satisfactory manner and meets industry standards.

The Contractor shall provide an understood warranty of two (2) years for all construction and as applicable in Contract Local Clause 52.246-2100 WARRANTY OF CONSTRUCTION (EUROPE).

Extended warranties if applicable shall be provided per Task Order.

1.10.12 Close Out

As-built drawings will be provided within two weeks of final acceptance in Microstation compatible format (dwg or dgn). All shop drawings, if required, warranties, extended warranties, test records, inspection certificates, and manufacturer certificates shall be provided to the Contracting Officer. The Contractor shall certify in writing that upon completion of the work and cleanup of the work areas that the site is environmentally clean with no Hazardous, Toxic and Radioactive Waste (HTRW) contaminates resulting from the Contractor’s operation.

1.10.13 Payments

Payments shall be in accordance with Contract FAR Clauses 52.232-5 “Payment Under Fixed-Price Construction Contracts” and 52.232-27 “Prompt Payment for Construction Contracts”.

1.11 PERFORMANCE OF TASK ORDERS

In performance of work under this contract, the Contractor shall:

a. At the end of each work week, provide the Contracting Officer's Representative (COR) with a work schedule for the next week complete with an Activity Hazard Analysis (AHA), listing the Task Orders to be worked and the required trades for the following week. The Contracting Officer’s Representative shall be notified immediately if revisions to the Task Order are necessary during the work week.

b. Arrange with the COR a sequence of procedures, means of access, space for storage of materials and equipment, use of approaches, corridors, and stairways. Since space for storage is limited in work areas, the majority of storage must be outside or at the Contractor's assigned area. Only materials to be used for work under this contract may be stored at the assigned area.

c. The buildings and work areas may be occupied during performance of work under this contract.

The Contractor shall take particular care in the execution of the work in all computer, mechanical, electrical, and telephone equipment areas. Uninterrupted operations must be maintained in these areas.

1.12 TIME EXTENSIONS

Time extensions for contract changes will be in accordance with Contract FAR Clause 52.211-13 titled Time Extensions and will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The Change Order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The Change Order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

1.13 LIQUIDATED DAMAGES – CONSTRUCTION

a. The Liquidated Damages are specified in individual Task Orders and if the Contractor fails to complete the work within the time specified in a Task Order, or any extension, the Government shall assess liquidated damages for each day of delay in accordance with Contract FAR Clause 52.211-12.

b. For any Task Orders accomplished at one (1) site for which delay costs are applicable at the same time, the liquidated damages shall be concurrent and cumulative and applied as stated in each individual Task Order.

1.14 EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with AFARS 5117.9005 and 5136.201, the Contractors performance will be evaluated upon completion of each Task Order. Evaluations may be performed on all Task Orders, regardless of dollar amount. As an alternative, the Contractors performance may be evaluated upon completion of work on several small Task Orders with a total dollar value of $100,000 or more. Interim evaluations may be prepared at any time during performance when determined to be in the best interest of the Government.

1.15 SPECIFICATIONS

All work shall be performed as specified herein, per each Task Order requirements, and the Specifications. A list of Specification Sections is as follows:

00 73 15 General Conditions, dated 5/15

00 73 15.15

00 73 16.03

Time Extensions for Unusually Severe Weather, dated 01/09

Special Conditions for projects in Romania and Bulgaria

01 32 01.00 15 Project Schedule (Alternate), dated 07/09

01 33 00 Submittal Procedures, dated 07/09

01 35 26 Safety and Occupational Health Requirements, dated 5/15

01 35 26.10 Additional Safety and Occupational Health Requirements for Projects in the

European Union, dated 07/09

01 45 01 USACE QUALITY CONTROL, dated 03/12

01 45 01.10 USACE QUALITY CONTROL SYSTEM (QCS), dated 04/08

01 78 00 Completion Procedures, dated 02/10

01 78 23 Operation and Maintenance Data, dated 03/09

02 41 00 Demolition and Deconstruction, dated 05/10

02 82 14.00 10 Asbestos Hazard Control Activities, dated 02/10

EP 310‐1‐6a Construction Signs (English), dated 06/06

SPECIAL TECHNICAL REQUIREMENTS (STR’s)

Department of the Army Manual No. EM 385-5-1 Safety and Health Requirements Manual http://www.usace.army.mil/CESO/Pages/Home.aspx

1.16 CURRENCY

The Unit Price Book is based on Euro amounts. The Government will make all Task Order awards and all payments for the entire life of the base contract and all exercised options in Euros.

1.17 UNAUTHORIZED SERVICE

The Contractor shall not undertake any action that will increase the price of this contract without the written approval of the Contracting Officer. Any such unauthorized action taken by the Contractor or any Contractor employee, which might be construed to be approved by the U.S. Government, shall be the responsibility of the Contractor and shall be resolved by the Contractor at no expense or embarrassment to the U.S. Government. Third-party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense or embarrassment to the U.S. Government.

1.18 NON-WORK DAYS (Bulgaria)

Unless otherwise approved by the Contracting Officer, work shall not be performed at the on-base site of work on the following Bulgarian or U.S. holidays (including other base closure days).

Regular working days as used herein mean Monday through Friday, from 08:00 to 17:00 hours, of each week within an established Romanian or U.S. holiday or any other day proclaimed an official holiday by either Government.

1) Bulgarian Holidays:

1 January New Year’s Day 3 March Liberation Day April/May Orthodox Easter Sunday and Monday 1 May Labor Day 6 May St. George’s Day 24 May Bulgarian Culture Day 6 September Unification Day 22 September Independence Day 1 November National Revival Day 24December Christmas Eve 25 December Christmas 26 December Second Day of Christmas

2) U.S. Holidays

1 January* New Year’s Day 3rd Monday in January Martin Luther King Jr. Day 3rd Monday in February President’s Day Last Monday in May Memorial Day 4 July* Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November* Veteran’s Day 4th Thursday in November Thanksgiving 25 December* Christmas

*When a U.S. holiday falls on a Saturday, the preceding Friday is the observed holiday. When a U.S.

holiday falls on a Sunday, the subsequent Monday is the observed holiday. If delivery is scheduled for a proclaimed holiday, the delivery will be performed on the next regular workday.

1.19 COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

a. The laws of Host Country may prohibit access to certain areas of the country which are under military control.

The Contractor shall be responsible for advising the Contracting Officer's Representative of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the Host Government. Contractors may have to submit relevant personnel information up to 30 days in advance prior to being granted access by the Host Government to certain locations.

b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

- Official language and type of accounts required to satisfy the officials of the Local Government.

- Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted.

- Passports, health and immunization certificates, and quarantine clearance.

- Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

- Strikes, demonstrations and work stoppage.

- Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax.

- Arranging to perform work in the Host Country, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

- Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

- Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

- Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

- Special license required by the local Government. Including any license or permit required for setting up and operating any manufacturing plant in the Host Country, e.g. concrete batching, precast concrete, concrete blocks, etc.

- Sales within the host country of Contractor-owned materials, and equipment.

- Special licenses for physicians, mechanics, tradesmen, drivers, etc.

- Identification and/or registration with local police of imported personnel.

- Compliance with base access requirements and obtaining base passes for permanent staff, day laborers, motor vehicles, etc.

- Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTION TO OFFERORS

1. DEFENSE BASE ACT INSURANCE REQUIREMENT

The requirement procedures for Defense Base Act (DBA) is located in the contract clause 52.000-4133 –

WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH

WAIVERS (JANUARY 2014).

2. REQUESTS FOR INFORMATION

Questions shall be submitted no later than 14:00 18 December 2015 to allow the Government adequate response time. Questions submitted after this date will be answered at the discretion of the Contracting Officer. For any questions concerning the solicitation or preparation of your proposal, you may contact the contract specialist and the Contracting Officer via email at dean.p.deford@usace.army.mil and jeffrey.j.harrington@usace.army.mil. All questions must be submitted in writing. No questions will be acknowledged or answered verbally.

3. BASIC PROPOSAL SUBMISSION REQUIREMENTS

The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements.

a. The Proposal shall be typed and submitted in English and easy to read.

b. Proposal shall be organized, concise, and submitted in two volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be contained within a separate binder.

d. Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

e. Each volume shall contain a Table of Contents and include at the bottom left side of each page the volume and page number.

f. Volume I: Offerors shall verify that the information for all forms submitted is current, correct and complete including names of the points-of-contact, email address, and telephone number.

g. Volume II: The Pricing Schedule shall be completed in full, including all option period, and the Non-Pre-Priced coefficient.

h. Volume II: Offerors shall submit a signed Offer Standard Form 1442 for this solicitation including verification of all amendments received.

i. Offerors shall submit a CD copy of each Volume, including the Electronic Pricing Schedule.

j. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

k. Contractors are cautioned against submitting conditional proposals.

l. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if instructions are not understood.

Proposal Expenses and Pre-Contract Costs: The Request for Proposal (RFP) solicitation does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

2. Joint Ventures

An Offeror that is part of a Joint Venture must submit a legally binding joint venture agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be…