B.08- W912HN20B3004 Conformed.pdf

A. Project Number: 87205, Family Housing Replacement at Fort Gordon, GA

B. This project is being solicited as a 100% Small Business Set-Aside.

C. This acquisition w ill be aw arded in accordance w ith FAR Part 14 (Sealed Bidding).

D. Offerors must be registered in the System for Aw ard Management (w w w .sam.gov.)

E. IAW FAR 36.204, the magnitude of this requirement is betw een $5M and $10M.

F. Contractual POC is Mr. Iria V. (Sean) Morrissette, E-Mail: iria.v.morrissette@usace.army.mil, Phone: 912-652-6033.

G. Technical POC is Mr. Ben Jones, E-Mail: benjamin.s.jones@usace.army.mil, Phone: 912-652-5568.

X

IRIA V MORRISSETTE 912-652-6033

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

25-Feb-2020

(RFP)

(IFB)

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 _______10 calendar days and complete it w ithin ________540 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Apr 2020 (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 _______90 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

USACE - SAVANNAH DISTRICT

100 W. OGLETHORPE AVE

SAVANNAH GA 31401

W912HN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 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:

W912HN20B3004 79

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

W912HN20B3004

Section SF 30 - Block 14 Continuation Page (SF 30)

AMENDMENT 0001

A. CONTRACT CHANGES:

1. The Site Visit Meeting Minutes and Sign-In Sheet from the Site Visit held on 12 March 2020 are hereby incorporated as a result of this amendment (see attached).

2. Under Notes for Bid Schedule, #5: the phone number to reach Mr. Chris Dodgen, GA Power – Electrical is 706.831.0281 Cell.

B. TECHNICAL SPECIFICATION CHANGES: The replaced Section listed below (replaced by Amendment No. 0001) is hereby added to and made a part of the solicitation; such Sections are replaced in their entirety and changes are neither underlined nor struck out. Deleted Section is also indicated below.

Replaced Section Deleted Sections 01 30 00 32 32 23

C. CONTRACT DRAWINGS – File No. 711-15-01:

Sheets CE101, CE102, CE103, CE104, CE105, CE106, CE107, CE108, CE109, CE110, CE111, CE112, CE112A, CE201, CE202, CE501, CE502, CE503, CE504, CE505, CE506,CE507, CE508, CE509, CE510, LS101, LS102, LS102A, LS501, LS502 and LS503with Revision 1 dated 13 MARCH 2020 are hereby added to and made a part of the Contract Drawings.

D. All other terms and conditions remain unchanged.

Section 00 10 00 - Solicitation

BID SCHEDULE SUMMARY

PROJECT NUMBER: 87205, ARMY FAMILY HOUSING AT FORT GORDON, GA

Total Base Bid (CLIN 0001) $_______________________

Total Option Bid (CLINs 0002 thru 0007) $_______________________

Total Bid (Base + Options, CLINs 0001 thru 0007) $_______________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job BASE BID: 4 GO Homes Construction of General Officer Homes #2, #3, #4, &

#7, complete with all supporting facility components, including utilities.

FOB: Destination

NET AMT

0002 1 Job OPTION BID OPTION 1: Enhanced Landscaping Enhanced Landscaping for GO homes

0003 1 Job OPTION BID OPTION 2: 1 CSM HOME Construction of Command Sergeant Major

Home @ 32 Myer Drive, complete with all supporting facility components, including Utilities, and all Site Grading for 34 Myer Drive.

0004 1 Job OPTION BID OPTION 3: 1 CSM HOME Construction of Command Sergeant Major

Home @ 34 Myer Drive, complete with all supporting facility components, including Utilities.

0005 1 Job OPTION BID OPTION 4: 1 CSM HOME Construction of Command Sergeant Major

Home @ 33 Myer Drive, complete with all supporting facility components, including Utilities, and all Site Grading for 29 and 31 Myer Drive.

0006 1 Job OPTION BID OPTION 5: 1 CSM HOME Construction of Command Sergeant Major

Home @ 31 Myer Drive, complete with all supporting facility components, 0007 1 Job OPTION BID OPTION 6: 1 CSM HOME Construction of Command Sergeant Major

Home @ 29 Myer Drive, complete with all supporting facility components, DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 540 dys. ANP 1 N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

NOTES FOR BID SCHEDULE

1. Bid Option #1 – CLIN 0002: Enhanced Landscaping for GO Homes at Boardman Lake See Drawing LS102A & LS502

2. Bid Option #2 – CLIN 0003 Supporting facility components shall consist of all site work (including utilities), outside the housing unit footprint of Command Sergeants Major Home @ 32 Myer Drive, including landscaping, and all rough grading and seeding for Option #3 (34 Myer Drive) making Option #3 pad ready.

3. Bid Option #3, #5, #6 – CLINs 0004, 0006, 0007 Supporting facility components shall consist of all site work (including utilities), outside the housing unit footprint, including landscaping necessary to take Option #3, #5, #6 (34, 31, 29 Myer Drive) from pad ready (work performed under Option #2 – 0003, and Option #4 - 0005) to a complete and usable housing unit.

4. Bid Option #4 – CLIN 0005 Supporting facility components shall consist of all site work (including utilities), outside the housing unit footprint of Command Sergeants Major Home @ 33 Myer Drive, including landscaping, and all rough grading and seeding for Option #5, #6 (31 and 29 Myer Drive) making Option #5, #6 pad ready.

5. All utility work shall be designed and constructed by privatized utility providers.

Bidders shall obtain costs for all utility work from privatized utility companies, and include this work in Bid Proposal. See below for Privatized Utility Points of Contact:

Augusta Utilities Department – Domestic Water and Sewer

Steven M. Behrend, PE sbehrend@augustaga.gov

706.312.5057 Office

706.836.6157 Cell

GA Power – Electrical Mark Mills MAMILLS@souithernco.com

706.667.5633 Office

706.564.5553 Cell

Chris Dodgen WCDODGEN@southernco.com

706.831.0281 Cell

mailto:sbehrend@augustaga.gov mailto:MAMILLS@souithernco.com

GA Power – Lighting Christopher Sailors CSAILORS@southernco.com

706.650.5204 Office

706.513.9776 Cell

Michael Goodwin MGGOODWI@southernco.com

706.650.5232 Office

706.533.4455 Cell

Southern Company / Atlanta Gas Light (Natural Gas)

Carl Corley icorley@aglresources.com

706.214.0858 Cell

mailto:CSAILORS@southernco.com mailto:MGGOODWI@southernco.com mailto:icorley@aglresources.com

Section 00 21 13 - Instructions to Bidders

NOTES TO BIDDERS

1. PRE-AWARD INFORMATION: This Acquisition is 100% set aside for Small Businesses only. The resultant contract will be a single, firm fixed price contract for PN: 87205, Army Family Housing at Fort Gordon, GA. Please refer to FAR 14.301, Responsiveness of Bids.

2. BASIS FOR AWARD: Contract shall be awarded to the responsive and responsible, lowest priced prospective contractor. PRIOR TO AWARD, IN

ORDER TO BE DETERMINED RESPONSIVE AND RESPONSIBLE, A

PROSPECTIVE BIDDER MUST FURNISH THE FOLLOWING INFORMATION

WITHIN THE ELECTRONICALLY SUBMITTED BID:

• Standard Form 1442, completed and signed by an authorized person.

• Unit and Total Pricing for all items in the bid schedule.

• Bid Bond Guarantee per FAR 52.228-1. PHOTOCOPIED OR

ELECTRONICALLY SCANNED BID BONDS ARE NOT

ACCEPTABLE. FAILURE TO PROVIDE A BID BOND GUARANTEE

PER FAR 52.228-1 COULD RENDER YOUR BID NONRESPONSIVE.

Bidders are required to submit a bid guarantee for this project in accordance with FAR Clause 52.228-1, Bid Guarantee. An electronically copy of the bid guarantee must be submitted with the electronic bid submission. Also, the original bid guarantee shall be mailed to:

U.S. Army Corps of Engineers, Savannah District CECT-SAS-E (Iria (Sean) V. Morrissette) 100 W. Oglethorpe Ave.

Savannah, GA 31401

• Current Financial Statement (e.g. the last three years financial statement, Annual Reports, Dun and Bradstreet ratings and/or number, etc.) Provide a list of all current contracts held, total dollar value, award date, anticipated completion, performance and payment bond amount.

3. Upon request by the Contracting Officer after bid opening and for the purpose of determining contractor responsibility and making contract award, the apparent low bidder must submit a completed and signed Release and Indemnification Agreement (see next section).

4. SUBMISSION OF BIDS:

ELECTRONIC SUBMISSION OF BIDS, TO INCLUDE E-MAIL AND FACSIMILE

TRANSMISSIONS, IS NOT AUTHORIZED.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids.

Any bids hand delivered between 1:00pm and 2:00pm ET on the due date shall only be delivered to the bid opening room at:

Springhill Suites by Marriott – Historic Savannah 150 Montgomery Street Savannah, GA 31401 SpringhillSavannah.com

All bids must be clearly identified with the bidder’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

INVITATION FOR BID NO.: W912HN20B3004

TITLE OF PROJECT: Project Number: 87205, Army Family Housing at Fort Gordon, GA.

Bids delivered prior to one hour before bid opening must be delivered only by U.S. Mail, including U.S. Express Mail, Federal Express or United Parcel Service to the address as indicated below. The date and time of delivery established by these carriers is not the official time of receipt of the Government. Security Guards posted at the front entry and the loading dock entry for the building do not receive bids and will contact Mailroom personnel. Once Mailroom personnel are available, the bid will be processed by the Security Guards using established security procedures and subsequently picked up by Mailroom personnel. After receipt by the Mailroom personnel, a record will be made of the receipt of the bid.

Completion of these actions will constitute delivery of the bid by the date and time designated for receipt of bids. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by U.S Mail, U.S. Express Mail, Federal Express and United Parcel Service are required to be sent to U.S. Army Corps of Engineers- Savannah District, Attn: Bruce Helms, 100 West Oglethorpe Avenue, Savannah Georgia 31401.

The Offeror’s bid shall be submitted electronically, as described below. The Offeror’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited. The offeror’s bid is due no later than 2:00 p.m. ET, April 7, 2020.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER

TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND

CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s bid must be received by the Government by the date/time specified in the solicitation. Offerors shall submit their bid using the following link:

https://safe.apps.mil/

Please send bids using the link above to Contract Specialist Sean Morrissette at Iria.V.Morrissette@usace.army.mil AND to Contracting Officer Bruce Helms at Bruce.A.Helms@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site.

Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Sean Morrissette at Iria.V.Morrissette@usace.army.mil and to Contracting Officer Bruce Helms at Bruce.A.Helms@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website, select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients.

mailto:Iria.V.Morrissette@usace.army.mil

For this solicitation, the recipients are the Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is Iria.V.Morrissette@usace.army.mil, and the Contracting Officer is Bruce.A.Helms@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered.

The Bidder must enter the E-Mail address for both the Contracting Officer and Specialist. The Bidder can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Bidder can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents may more quickly upload into the SAFE website when using the Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The Government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

5. QUALITY CONTROL SYSTEM (QCS): Any contract award resulting from this solicitation will require the mandatory use of the automated Quality Control System. Please see Section 01 45 00 for additional information.

6. TECHNICAL MATTERS: Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at (https://www.projnet.org) at least 7 calendar days prior to the date established in the IFB for receipt of bids. If a Bidder believes that the requirements in this Invitation for Bid contain an error, omission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Information for Bid based on the initial bid, as received, without discussion.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

INVITATION FOR BID NO.: W912HN20B3004

TITLE OF PROJECT: Project Number: 87205, Army Family Housing at Fort Gordon, GA.

BIDDER INQUIRY KEY: ZGG8AQ-5NMKHC

Specific Instructions for Initial ProjNet Bid Inquiry Access:

1. From the ProjNet home page, click on Quick Add on the upper right side of the screen.

2. Identify the Agency as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access: Steps 1 through 3:

Same as Above.

4. Email. Enter the email address you used to register previously in ProjNet.

5. Click Continue. A page will then open asking for the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed, you are logged into the system.

7. Individuals interested in participating in the virtual bid opening can participate by following these instructions:

Interested individuals will navigate to the WEBEX link below and enter their email address and name. Please provide your full name and information. This information will be utilized to obtain the list of attendees at the virtual bid opening.

Upon entering the WEBEX room, you will choose the audio option for “Call Me” and enter your phone number to join the conference call. Upon entering the phone number, WEBEX will call the number you entered. Answer the phone, enter the security code noted below, and speak your name clearly. You will now have entered the audio portion of the WEBEX meeting. The bids will be read aloud and individuals will be able to view the information on the WEBEX screen as the bids are entered into a bid tabulation sheet.

WEBEX Meeting Information:

https://usace.webex.com/meet/michael.c.chirpich Security code: 6789

The WEBEX virtiual bid opening will begin at 3:00 p.m. ET on April 7, 2020.

WEBEX participants should be logged into the WEBEX room and audio portion at least 5 minutes prior to avoid missing any of the virtual bid opening.

A list of attendees and a bid abstract will be posted to the solication notice on https://beta.SAM.gov approximately within 2 days after the virtual bid opening.

https://beta.sam.gov/

RELEASE AND INDEMNIFICATION AGREEMENT

This Release and Indemnification Agreement (this "Agreement") is entered into this ___ day of _________________, 20___, by and between ____________________________ ("Contractor") and FORT GORDON HOUSING, LLC ("Project Owner ").

R E C I T A L S

A. Project Owner currently leases certain property from the Department of the Army at Fort Gordon in Richmond County, Georgia including certain land known as ‘Boardman Lake 1’ and ‘Maglin Terrace’.

B. Contractor desires to access a portion of Boardman Lake 1 and Maglin Terrace as depicted on Exhibit A attached hereto (the "Property"), for purposes of construction of new single family homes and supporting infrastructure (the “Work”).

C. Project Owner has agreed to grant such permission to Contractor to perform such Work.

NOW, THEREFORE, in consideration of Ten Dollars ($10.00) cash and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

1. Contractor agrees to assume all risks of loss or damage to property and injury or death to persons by reason of or incident to its entrance upon and/or use of the Property in connection with performance of the Work, whether conducted by Contractor or its members, employees, servants, licensees, customers or invitees; and Contractor hereby expressly releases Project Owner from claims of any such loss, damage, personal injury or death caused by or occurring as a consequence of such entrance upon and/or use of the Property by Contractor or its agents or of the performance of the Work.

2. Prior to entry upon the Property, unless otherwise waived in writing by Project

Owner, Contractor shall deliver to Project Owner:

a. Proof that Contractor has obtained comprehensive general liability insurance in the amount of $1,000,000.00 general liability naming the Project Owner as an additional insured.

b. Proof that Contractor has obtained workers' compensation insurance for all of their employees working on the Property in an amount sufficient to comply with applicable laws or regulations.

c. Proof that Contractor has obtained business auto liability insurance in the amount of $1,000,000.00 combined single limit naming the Project Owner as an additional insured.

d. Proof that Contractor has obtained umbrella/excess liability insurance in the amount of at least $1,000,000.00 naming the Project Owner as an additional insured.

3. To the extent permitted by applicable law, Contractor agrees to indemnify and hold Project Owner and its affiliates (including without limitation FORT GORDON HOUSING, LLC), officers, directors, trustees, agents, employees and other representatives harmless against any and all claims, demands, damages, costs, and expenses, including investigation expenses and reasonable attorneys' fees for the defense of such claims and demands, arising out of or attributed directly or indirectly to the Work on the Property or from the use or occupancy of the Property by Contractor or Contractor 's agents, employees, servants, agents, licensees, customers or invitees.

4. During the Work, Contractor shall keep the Property in a safe and clean condition with respect to its Work; it shall not scatter or allow the scattering of any type of waste, broken equipment, or used parts or building material generated by the Work, if any. Contractor shall, promptly and at its sole cost and expense, repair and restore any damage caused to other property of Project Owner or its residents in connection with the Work, to the condition existing prior to Contractor’s entry onto the Property.

5. The term of this Agreement shall commence on the date of execution hereof by both parties, and shall expire on the earlier to occur of (a) completion of the Work and Contractor’s obligations hereunder or (b) October 1st, 2021. All sections above shall survive the expiration or termination of this Agreement.

6. This Agreement embodies the entire agreement and understanding of the parties and no verbal agreements shall change its terms unless reduced to writing and signed by both parties.

7. This Agreement may not be changed in any way except by written agreement of the parties, and no term or provision may be waived by the parties except in writing by duly authorized officers or agents of each party. This Agreement may be executed in any number of identical counterparts, any and all of which may contain the signatures of fewer than all of the parties but all of which shall be taken together as a single instrument. Facsimile and/or email signatures of this Agreement shall be as fully binding as original signatures.

[signatures on following page]

EXECUTED as of the date first above written.

FORT GORDON HOUSING, LLC

By: BBC Military Housing – Fort Gordon, LLC, its Managing Member By: Balfour Beatty Military Housing Investments, LLC its Manager Name:__________________________________

Title:___________________________________

(Name of Contractor)

By:______________________________________

Name:__________________________________

Title:___________________________________

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of http://www.sam.gov/ any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

http://www.sam.gov/ https://www.sam.gov/

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Richmond County, GA

27.2% Nationwide 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is GA Columbia;

GA Richmond; SC Aiken.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers, Savannah District Attn: CECT-SAS-E (Bruce Helms) 100 West Oglethorpe Avenue Savannah, GA 31401

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- 1:00 p.m. on 12 March 2020

(c) Participants will meet at-- USACE Fort Gordon Resident Office, Conference Room, Bldg. 11303 (1236 Lane Ave.) POC will be Mr. Peter Young, (706) 791-4234, Mobile (706) 691-8697, E-Mail: Peter.Young@usace.army.mil mailto:Peter.Young@usace.army.mil

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 13 - Supplementary Instructions to Bidders

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Section 00 45 00 - Representations and Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2019)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236115.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

XX (i) 52.204-17, Ownership or Control of Offeror.

XX (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and…