W912GB-17-R-0008-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is hereby issued to answ er questions submitted by industry (RFI's)

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

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

16C. DATE SIGNED

BY

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-17-R-0008

X 9B. DATED (SEE ITEM 11)

23-Nov-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

20-Jan-2017

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-17-R-0008

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

ADMINISTRATIVE REQUIREMENTS

ADMINISTRATIVE REQUIREMENTS

1. TASK ORDERS REQUEST FOR PROPOSALS

1.1 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, evaluation criteria, and any other requirements for submissions (e.g., proposal requirements, bud schedule, etc.). As to Bank Letter of Guarantee and Bank Letter of Assurance, see samples provided as attachments and Section 00 70 00 –

CONDITIONS OF THE CONTRACT.

1.2 Depending upon the requirements of each task order, the Contractor will provide one of the following in response to an RFP: (a) lump sum price, (b) a price for each line item in the Schedule

(when optional items are used), or (c) technical proposal in one package and the price proposal in a separate package.

1.3 Offerors attendance at site visits is considered vital to preparation of competitive and cost-effective 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, and may be taken into consideration in determining a Contractor’s eligibility to participate in future Task Orders. The

Contractors will not be reimbursed for attendance during negotiations, site visits, proposal preparation or other pre-Task Order award costs. The Contracting Officer reserves the right to make attendance at site visits mandatory for specific Task Orders and to reject offers by Contractors who have not attended the site visits.

1.4 Contractors shall respond 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.

1.5 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 (if required), a Task Order will be issued by the Contracting Officer reflecting the negotiated order price and payment terms as outlined in the statement of work or 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 or to use the order unilaterally based upon

Offeror’s proposed coefficients on the Bidding Schedule.

2. EVALUATION METHOD AND PROCEDURES OF RFPs

2.1 When an RFP for a Task Order is issued, the Government intends to select the most advantageous, responsive, and responsible proposal resulting in the Best Value to the Government, price and other factors considered. It is anticipated that the majority of the Task Orders will be awarded based on competition, but the Government reserves the right to the award Task Orders as follows:

1. Price only

2. Price/Technical, to include schedule of work (Best Value)

3. Unilateral issuance of order using the Unit Price Book award coefficients, see paragraph 6. this

Section

2.2 All MATOC Contractors will be given a fair opportunity to bid on Task Orders over $50,000.00 unless one of the following exceptions apply:

a. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

b. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

c. The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardess were given a fair opportunity to be considered for the original order; or

d. It is necessary to place an order to satisfy a minimum guarantee.

2.3 The Contracting Officer, in making decisions in award of any individual Task Order, will consider factors such as past performance on earlier Task Orders under MATOC, quality, timeliness, or other factors that the Contracting Officer determines to be relevant in awarding a particular Task

Order. Award factors will vary depending on the unique requirements for each Task Order;

however, pricing will be a consideration.

2.4 When an RFP for a Task Order is issued with price as the only criteria, the low responsive Offeror will be awarded the Task Order. During the administration of this contract prices as part of

Price Proposal(s) shall not exceed the Unit Price Book prices including the contract award coefficient(s). The Government reserves the right to request back-up documentation, engineering computations, and take offs to substantiate the Offeror’s Price Proposals. In the case of a unilateral award, the Government will issue the award based on the UPB price and the Contractor’s award coefficient.

2.5 When both technical and price are considered, award of a Task Order resulting from an RFP will be based on technical rating and price being considered. If the Government determines technical rating of greater importance to price or price to be of greater importance to technical rating or of equal importance to the technical rating, then the RFP will describe criteria to be utilized in evaluating the

Task Order proposal.

2.6 The Government’s payment of the Lump Sum Amount of individual Task Orders shall constitute full compensation to the Contractor for (1) Furnishing all plant, labor equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings, specifications and/or statement of work. The Contractor shall include in their proposal costs of all work required by drawings, specifications, and/or statement of work.

2.7 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). DBA shall be reimbursed per Task Order and shall be itemized as a Line Item on individual Task Orders. Cost for DBA is not considered to be part of the coefficients.

3. TASK ORDER AWARD

3.1 Whenever possible, award will be made without discussions. If discussions are held each MATOC

Contractor may be request to provide a final proposal revision. Task Order award will be made based on the basis for award as described in the Request for Proposal. The Government will notify

Contractors when any Task Order (competed or otherwise awarded) is awarded under the MATOC procedures.

3.2 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.

3.3 In accordance with FAR 16.505(a)(7), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract. Notice to Proceed (NTP) will be issued separately after receipt of an acceptable Bank Letter of Guaranty, if required, and approved submittals as identified per Task Order or for Task Order awards over

$10,000,000. Debriefs are authorized for task orders over $5,500,000 in accordance with FAR Part

16.505.

3.4 In accordance with FAR Part 16.505(b)(6), the Head of the Contracting Activity is required to appoint a task and delivery order ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting

Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the

US Army Corps of Engineers (USACE) Ombudsman at the following address: Headquarters, US

Atlantic PARC., Directorate of Contracting, ATTN: PARC., 60 Forsyth Street S.W., Room 10M35, Atlanta, Georgia 30303-8801. The ombudsman shall have the authority to:

a. Review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order.

b. After coordination with the Contracting Officer, and if he/she agrees with the Contractor, require that a Contracting Officer take corrective action regarding the complaint.

4. 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 needs within four (4) hours following telephone notification which may be made at any time in any twenty-four hour period. To accomplish this, the Contractor will provide to the

COR a number at which he can be reached on a twenty-four hour basis.

b. The Contractor shall, within five (5) hours (unless the Contracting Officer determines that additional time is required) following such notification, 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 Officer or his authorized representative.

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

f. A deliver order will then be issued.

5. SOLE SOURCE

When it is necessary to negotiate with one firm on a sole-source basis, the Offeror’s proposed coefficients on the Bidding Schedule applied to the UPB may be utilized in establishing the price. For any items not covered by UPB, that are within the scope of the contract, the Contractor shall provided competitive quotes to establish a fair and reasonable price which shall be negotiated and incorporated into Task Orders. The Contractors coefficients will be applied to the overall UPB price to establish the total value of the Task Order. There may be circumstances where proposals will be negotiated without Offeror’s proposed coefficients on the Bidding Schedule applied to the UPB, such as follow-on work and items of work not covered by the UPB,

6. COEFFICIENT AND DEFINITIONS

6.1 Contractor’s coefficients shall contain all costs, in additional to those contained in the Unit Price

Book (UPB). The coefficients are a numerical factor that represents Contractor costs (indirect and direct costs, etc.) and profit not considered to be included in the UPB data. 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. Subcontractors overhead and profit

b. All cost associated with bank guarantee

c. All waste and excess material

d. Employee payroll taxes, insurance, and fringe benefits

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

f. Compliance with environmental laws (overhead [indirect] cost associated with performing work incompliance with EPA/OSHA regulations including local Government requirements, including obtaining any necessary licenses and permits, reporting requirements, etc.)

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

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

i. Clean up

j. Traffic and work-site signs and barriers

k. Project management and supervision

l. Quality control

m. Office management and equipment

n. Depreciation of mobile office(s)

o. Protection of Government property

p. Interest associated with funding of equipment and payroll

q. As built drawings

r. Permits, licenses, and fees

s. Other risks of doing business

t. Risk of a high inflation cost for option periods; risk of poor subcontractor performance and re-performance

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

6.3 Primary Design and Secondary Service Costs. It is anticipated that Task Orders are typically award to the low Offeror. However, when Task Orders are issued utilizing the coefficients applied to the

Unit Price Book prices, then the requirements of this paragraph apply. All requirements associated with Design for Design Build projects will be negotiated per Task Order.

6.4 Validity of Coefficients. Each set of coefficients for the base period and each of the two option periods shall be valid and remain in full force for the duration of the contract.

6.5 Unit Price Book. The Unit Price Book which is considered part of this contract shall be used as a pricing tool for the duration of this contract. The Unit Price Book is based primarily on European

Standards.

7. PLANS AND SPECIFICATIONS

The Government will provide the contractor one copy of the construction drawings and statement of work (with pertinent supplemental specifications) upon issuance of each Task Order. All further reproduction shall be at the Contractor’s expense. The Government will provide these as hard copy or as electronic media, such as e-mail or CD ROM.

8. CONTRACTOR TASK ORDER SUBMITTALS

The Government requires all documentation (i.e., certificates, licenses, resumes, etc.) submitted and made available for verification purposes shall be in the English language in accordance with Local

Clause 52.000-4043.

8.1 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 representative 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) 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 numbers of the Project Manager’s supervisor.

d. When the Contractor wishes to change authorized Contractor personnel, a ten (10) workday advance written notice of change shall be provided to and approved by the Contracting Officer or his/her 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 alternate shall be able to understand, speak, and write basic and technical English.

8.2 Correspondence: All correspondence shall be in the English language in accordance with Contract

Clause FAR 52.215-1, Instruction to Offerors and “CORRESPONDENCE IN THE ENGLISH

LANGUAGE”, (Local Clause 52.000-4043).

8.3 Submittals, Shop Drawings, and As-Builts

a. 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 01 33 00.

b. The Contractor shall develop submittals for the Base Contract and shall provide these submittals to the Contracting Officer (KO) for review and approval no 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, and the Bank Letter of

Assurance.

c. 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 the FAR 52.236-21 SPECIFICATIONS AND

DRAWINGS FOR CONSTRUCTION and Specification Section 01 33 00 requirements.

8.4 Quality Control

The Contractor shall submit a Quality Control Plan with each task order. The plan shall adhere to

Specification 01 45 01. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with FAR 52.246-12 INSPECTION OF

CONSTRUCTION.

8.5 Safety

a. Safety shall be the sole responsibility of the Contractor. The Contractor shall comply with the provisions of the Contract Clauses, “ACCIDENT PREVENTION” (FAR 52.236-13); and

“PROHIBITION ON STORAGE AND DISPOAL OF TOXIC HAZARDOUS MATERIALS”

(DFARS 252.223-7006).

b. The Contract shall submit a Safety Plan with each task order 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 and Contract Clause titled

“ACCIDENT PREVENTION” (FAR 52.236-13). The plan, at a minimum, shall address responsibilities and procedures that all prime and sub Contractor personnel shall follow in the areas of fire 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.

8.6 Asbestos Plan

When required by the task order, 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 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.

8.7 Permits and Responsibilities

Permits and Responsibilities are the responsibility of the Contractor as required in Contract Clause

“PERMITS AND RESPONSIBILITIES” (FAR 52.236-7).

8.8 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 01.00.10. Delays as a result of weather shall be as addressed in SR 415-1-15, Unusually Severe Weather Conditions.

8.9 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 structure, 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 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.

8.10 Changes

Changes shall be determined in accordance with the provisions of Contract Clause, “CHANGES”

(FAR 52.243-4).

8.11 Warranty of Construction Germany

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 the Contract Clause “WARRANTY OF CONSTRUCTION GERMANY”

(DFARS 252.246-7002). Extended warranties if applicable shall be provided per Task Order.

8.12 Close Out

All shop drawings, if required, warranties, extended warranties, test records, inspection certifications, 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 Wastes (HTRW) contaminates resulting from the Contractor’s operation.

8.13 Payments

Payments shall be in accordance with Contract Clause FAR 52.232-5, Payments Under Fixed-Price

Construction Contracts.

9. PERFORMANCE OF TASK ORDERS

9.1 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) or authorized representative 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 or authorized representative a sequence of procedures, means of access, space for storage or 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.

10. TIME EXTENSIONS

Time extensions for contract changes will depend upon the extent, if any, 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 readjustments of liquidated damages under the new completion schedule.

11. LIQUIDATED DAMAGES – CONSTRUCTION

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

12. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractors performance will be evaluated upon completion of each Task Order in excess of $700,000. Evaluations may be performed on all Task Orders, regardless of the 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 $700,000 or more.

Interim evaluations may be prepared at any time during performance when determined to be in the best interest of the Government.

13. SPECIAL TECHNICAL SPECIFICATIONS

All work shall be performed as specified herein, per each Task Order requirements, and the

Specifications.

13.1 A list of specifications is as follows:

00 73 15 General Conditions

00 73 15.15 Time Extensions for Unusually Severe Weather

01 32 01.00 10 Project Schedule

01 33 00 Submittal Procedures

01 35 26 Safety and Occupational Health Requirement

01 35 26.1 Additional Safety and Occupational Health Requirements for Projects in the EU

01 45 01 USACE Quality Control

01 45 01.01 Additional Quality Control Personnel

01 45 01.10 USACE Quality Control System (QCS)

02 41 00 Demolition and Deconstruction

02 82 14.00 10 Asbestos Hazard Control Activities

01 78 00 Completion Procedures

EP 310-1-6b Construction Signs.

14. Construction Specifications and Standards

The Unit Price Book is based on the German construction standards (Deutsches Institut fur Normung e.V.) DIN Standards.

15. PAYMENT

No separate payment, except as specified herein, 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.

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

The following have been added by full text:

RFI ANSWERS

Request for Information answers for W912GB-17-R-0008 Demolition MATOC

1) Please confirm the new due date for Solicitation W912GB-17-R-0008 is 12 January 2017 as shown as Synopsis on FBO or later. Will we be provided with a changed SF 1442 ?

A: See amendment 0001

2) The Solicitation is referring to Appendices “A”, “I”, “F” and “G” without using the term / wording for the referred documents. Please confirm.

A: Confirmed

3) The Bank Letter of Assurance Sample on page 34 of the Solicitation defines that the Bank

Letter of Assurance shall be issued for the amount of € 25,000,000. The Basic Submission

Requirements on page 9 under 6. PROPOSAL FORMAT defines for “Volume II - Bank Letter of Assurance and Bank Letter of Guarantee: The Bank Letter of Assurance (BLA) shall be

$4,950,000 and submitted with the volume II proposal (see Appendix F).” On page 89 of the

Solicitation, Section 011100 Summary of Work, 1.1 General Information, it is defined: “e.

BANK LETTER OF GUARANTEE and LETTER OF ASSURANCE: The Bank Letter of

Assurance shall be $200,000.”

What is the fixed EURO-amount for which the BLA shall be issued? Please clearly define one adequate fixed Euro-amount for which the Bank Letter of Assurance shall be issued.

A: See amendment 0002. The BLA shall be 10% of the total contract value.

4) The Bank Letter of Assurance Sample on page 34 of the Solicitation defines that the “Bank

Letter of Guarantee will be issued for ten percent (10%) of the value of the task order, …”. The

Basic Submission Requirements on page 9 under 6. PROPOSAL FORMAT defines for “Volume

II - Bank Letter of Assurance and Bank Letter of Guarantee: … A Bank Letter of Guarantee

(BLG) shall be provided per task order in the amount of at least 25% of the Task Order (see

Appendix G).” On Page 86, 52.000-4062 BANK LETTER OF GUARANTY (NOV 2007), the

Bank Letter of Guaranty for the performance of the work is defined: “… in the amount of 25% of the anticipated maximum contract value …”.

Please confirm the usually used 10% for the Bank Letters of Guarantee in the divergent sections.

Please confirm that the Bank Letter of Guarantee can be reduced to an amount equal to five percent (5%) of the contract price after the work is finalized.

A: See amendment 0002. The BLG for the Task Orders will be 25% of the value and reduced to

10% for the warranty period.

5) The Basic Submission Requirements on page 9 under 6. PROPOSAL FORMAT defines: “For the successful Offerors, the BLA will be retained until the first Task Order is awarded which is not the minimum guarantee. Once the first Task Order is awarded that requires a BLG, then the bank letter of assurance will be returned.”

Usually the BLA within Multiple-Award Task Order Contracts are returned to the contractors with the minimum guarantee Task Orders. With an uncertain number of competitors respectively

MATOC awardees, an uncertain number of task order awards and amounts as well as an uncertainty of the point of time for a potential task order award within the 3 Base + 2 Option years contract period, please confirm that the BLA is returned with the minimum guarantee Task

Order.

A: For the successful offeror’s, the BLA will be returned as specified in the solicitation.

6) Please confirm that by providing the proposals with AMRDEC SAFE instead of providing the proposals in paper and on CD the scanned Bank Letter of Assurance which is included in

Volume II is sufficient for submittal.

7) The Solicitation defines a base period of three (3) years and two (2) option periods of one (1) year each. Section 004100 PRICING SCHEDULE includes five (5) Pricing Sheets and a

Summary Sheet / Total Bottom Line Sum. Isn’t a consistent pricing / coefficients for all three (3) base period years intended ? Can the coefficients for the 3 base periods vary?

Please change the information on the summary sheet consistent with the solicitation information to “Base Period 1, Base Period 2, Base Period 3, Option 1, Option 2”.

A: See amendment 0002.

8) We are not able to find Category 2 Demolition Price Book and Category 3 Service Price

Book. Please define the Category 2 and Category 3 Price Books.

A: See amendment 0002

9) On the Unit Price Book (UPB) provided there is no UPB attached for Category 2 and 3. In addition the scope of work for Category 2 and 3 is not defined. Can you please clarify these points?

10) On the Pricing Schedule provided in cell 6F is a preselected factor of 14. What is the meaning of this preselected factor? Also is it correct that the more relevant service in Category 2 and 3 has no factor?

11) In the Solicitation it is mentioned that there will be a Pre-Proposal Conference and Site

Visit? Has a date and time been established for this event?

A: A Pre-proposal site visit will not be held for this acquisition.

12) Page 11 of 91 says that we are to complete Attachment 1, Experience Overview Sheet with a total listing not-to-exceed five projects and then provide Attachment 2, Experience

Information Sheet for each project listed on Attachment 1. This implies that we can provide anywhere from one to five projects; however, the top of Attachment 2, Experience Information

Sheet states, “Must have a total of 5 projects, more than 5 will not be evaluated; less than 5 may result in a lower rating”. Can you please confirm how many projects we are to provide in Factor

1: Experience?

ANSWER: Five projects shall be provided.

13) Page 13 of 91 states that resumes are excluded from the page limit. This implies that we are required to submit resumes with our proposal. Can you please clarify which key personnel resumes are required to be submitted?

ANSWER: Resumes are not required. It is the offerors option to submit resumes.

14) Pages 13 and 21 of the RFP reference a Safety Manager; however, I did not see a requirement for a contractor-provided Safety Manager in any of the specifications. I did see multiple references for a Site Safety and Health Officer (SSHO) in the specifications. Is it reasonable to assume that we do NOT need a Safety Manager and instead should submit an

SSHO?

ANSWER: Correct, the SSHO is the safety manager.

15) Page 13 of the RFP encourages us to become familiar with the personnel requirements location is the specifications. In Section 01 45 01 USACE Quality Control, paragraphs 3.4.1 and

3.4.3 require us to provide a CQC System Manager; however, this position is not mentioned in

Factor 3: Management Approach. Can you please clarify whether we are to provide a CQC

System Manager on our organizational chart as well as in the narrative description?

ANSWER: Correct, it would be best to include all key personnel on the organization chart and narratives.

16) Page 13 of the RFP encourages us to become familiar with the personnel requirements location is the specifications. In Section 01 45 01 USACE Quality Control, paragraph 3.4.3 require us to provide an alternate CQC System Manager in our CQC Plan. Can you please confirm that we only need to provide an alternate CQC System Manager if awarded this contract and not with our proposal submission?

17) Page 13 of the RFP encourages us to become familiar with the personnel requirements location is the specifications. In Section 01 45 01 USACE Quality Control, paragraphs 3.2.2.d and 3.4.2 require us to provide a Design Quality Control Manager (DQCM); however, this position is not mentioned in Factor 3: Management Approach. Can you please clarify whether we are to provide a DQCM on our organizational chart as well as in the narrative description?

ANSWER: Correct, it would be best to include all key personnel on the organization chart and narratives.

18) Section 01 45 01 USACE Quality Control, paragraph 3.4.2 states that the DQCM must be directly employed by the Prime Contractor. Typically, we have seen this position as someone provided by the architectural design team, especially considering the requirement of, “having a minimum of five (5) years engineering or architectural experience and is a registered professional engineer or architect”. Would the government consider deleting the requirement for the DQCM to be directly employed by the Prime Contractor?

A: This requirement will not be deleted.

19) Do we need to complete Section 00 45 00 – Representations and Certifications? If so, would it be acceptable to include it at the end of Volume II?

20) Section 00 21 00 – Instructions requires us to submit a completed Standard Form (SF)

1442 in Volume II. Would it be acceptable to include the SF1442 immediately after Factor 4:

Price in Volume II?

A: It is acceptable to include the SF1142 and acknowledgment of all amendments immediately after Factor 4

21) Block 13 of the SF 1442 states a bid bond is required; however, I did not see this requirement elsewhere in the RFP. Do we need to submit a bid bond or only the Bank Letter of

Assurance?

A: The BLA will suffice

22) Block 13 of the SF 1442 states we are to submit sealed offers in an original plus 1 copy.

Since proposals are required to be submitted via AMRDEC, is it reasonable to assume that we only need to return 1 electronic copy?

23) Section 01 45 01 USACE Quality Control, paragraph 3.2.a. states that the CQC System

Manager should report to the Project Superintendent. Typically, we like the CQC System

Manager to report independently to the Program Manager to ensure quality is never compromised. Would the government allow the CQC System Manager to report to someone other than the Superintendent?

A: This requirement will not be deleted.

24) Section 01 45 01 USACE Quality Control, paragraph 3.4.1 states that, “The Safety and

Health Manager (reference Section 01 35 26 Safety and Occupational Health Requirements) must receive direction and authority from the CQC Systems Manager and serve as a member of the CQC Staff”. There is no mention of a Safety and Health Manager in Section 01 35 26. Can you please clarify?

ANSWER: The SSHO is a member of the CQC staff.

SECTION 01 35 26 – Safety & Occupational Health Requirements (05/2015)

1.8 SITE QUALIFICATIONS, DUTIES AND MEETINGS

1.8.1 Personnel Qualifications

1.8.1.1 Site Safety and Health Officer (SSHO)

Provide a site Safety and Health Officer (SSHO) to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The SSHO shall have a minimum of 5 years safety work on similar projects; 30-hour OSHA construction safety class* within the last 5 years. The SSHO shall maintain their competency through having taken 8 hours of documented formal, on-line, or self-study safety and health related coursework every year.

If the original contract or task order price exceeds 1.5 Million Euros or 1.5 Million US Dollars, the SSHO shall be assigned no other duties. The SSHO may be assigned other duties if the contract or task order price does not exceed 1.5 Million Euros or 1.5 Million US Dollars only with the prior approval of the Contracting Officer.

25) Section 01 45 01 USACE Quality Control, paragraph 3.4.5 references Section 01 45

01.01 Additional Quality Control Personnel. I cannot locate this section. Can you please provide?

A: See amendment 0002

26) Section 01 35 26 Safety & Occupational Health Requirements, paragraph 1.8.1.2 references a Confined Space competent Person (CSCP). Are we required to submit a CSCP individual with our proposal submission in Factor 3: Management Approach?

ANSWER: NO

27) Who will have to send the file “A3PastPerformanceClientForm” to the gov’t? Will that be the prime bidder or directly by the client who provides the assessment of the prime bidder?

A: The A3PastPerformanceClientForm can be sent directly from the client or with the proposal from the prime bidder.

28) We have difficulties understanding the exact exercise required to provide the pricing books

(using Coefficients, etc). Can the gov’t provide a sample fully filled out price-book which we can take a look at to better understand what it is that the gov’t is looking for?

A: The Government is not able to provide a sample for this acquisition.

29) Page 12 of 91 of the RFP states, "Offerors may provide a completed Department of Defense, DD2626 form or a Contractor Performance Assessment Reporting System (CPARS), in lieu of

Attachment 3. CPARS evaluations and DD2626s shall be signed by all designated authorities for consideration of evaluation." Would it be acceptable to include a previously completed Past

Performance Questionnaire (PPQ) for our projects, rather than DD2626 or a CPARS? For example, we have previously completed PPQs for some of our projects that are in a NAVFAC or

USACE format completed by our clients, rather than an actual DD2626 or CPARS and would like to submit those with our proposal.

A: This is acceptable

SECTION 00 43 00 - BID BOND FORM

The following have been modified:

BLA TEMPLATE

BANK LETTER OF ASSURANCE (SAMPLE)

(BANK LETTERHEAD)

DATE

US Army Corps of Engineers, Europe District ATTN: Contracting Officer Konrad-Adenauer-Ring 39, Box 7 65187 Wiesbaden, Germany

SUBJECT: Bank Letter of Assurance for Solicitation: W912GB-17-R-0008

PROJECT: FY2017 Germany Demolition Multiple Award Task Order Contract (MATOC)

I/We, the undersigned, acting as the duly authorized representatives of _______________________ (Bank Name), assure that we will issue a Bank Letter of Guaranty for account of ____________________________________________ (Firm Name (for Joint Venture – each party’s name shall be listed)), should the contract pursued under subject solicitation be awarded to them.

The Bank Letter of Assurance is issued for $4,950,000, as presented by this firm, _______________________________ (Firm Name).

The Bank Letter of Guaranty will be issued for twenty-five percent (25%) of the value of the task order, as presented by this firm, ______________________________________________________. The Bank Letter of Guaranty will be provided to you within 7 days after each task order award and will contain all conditions listed in the sample provided by this solicitation.

In addition, I/We, the undersigned, acting as the duly authorized representatives of ________________________ (Bank Name), assure that ________________________ (Firm Name), can at any time obtain a Bank Letter of Guaranty in accordance with Federal Acquisition Regulation (FAR) Clause 52.228-2, Additional Bond Security.

Sincerely, (Authorized Representative of the Bank)

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

SUMMARY OF WORK

SECTION 01 11 00

SUMMARY OF WORK

1.1 GENERAL INFORMATION

a. PERFORMANCE PERIOD: A base period of three (3) years and two (2) option periods of one

(1) year each.

b. MAXIMUM CONTRACT VALUE: Not-to-exceed $49,500,000 for the life of contract.

c. MINIMUM GUARANTEE: The minimum guarantee amount is $5,000 for the base year and is the full amount in consideration for all years.

d. TASK ORDER LIMITATIONS: The Minimum Task Order is $10,000 and the Maximum Task

Order is limited to $5,000,000. All task orders will be awarded and invoices paid in Euros or US

Dollars.

e. BANK LETTER OF GUARANTEE and LETTER OF ASSURANCE: The Bank Letter of

Assurance shall be $4,950,000. The Bank Letters of Guarantee will be provided per task order.

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

g. UNIT PRICE BOOK 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.

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

1.2 PURPOSE AND SCOPE:

The purpose of this Europe District (NAU) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple

Award Task Order Contract (MATOC) is to provide demolition and environmental remediation services in the areas identified below. Use of the MATOC will provide the Government with a demolition product delivery method that can accommodate quick and straight-forward projects, as well as some small but complex projects, and can help minimize design effort and related overhead expenditures, as well as handle compressed schedules.

Task Orders will primarily address demolition and ancillary environmental work including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental (hazardous waste abatement and disposal) remedial work. Contract awards are anticipated for any work for US Forces and/or Facilities in Germany.

1.3 GEOGRAPHICAL LOCATION

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

Germany.

The Government reserves the right to issue additional contracts in the area of responsibility.

1.4 ANTITERRORISM/OPERATIONS SECURITY

U.S. Army Europe (USAREUR) requires a Mandatory Antiterrorism/Operations Security Review for this acquisition using the standard language text required US based contactor employees and associated sub-contractor employees to make available and to receive government provide area of responsibility (AOR) specific to the following provision and clauses and not all provisions/contract clauses will apply to this requirement.

Clause 1:

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to

Army installations, facilities, controlled access areas, or require network access, shall complete AT Level

I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Clause 2:

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy.