AdvertisedSpecs.pdf

SOLICITATION No.: W912HY-09-R-0002

US Army Corps U.S. ARMY ENGINEER DISTRICT, of Engineers GALVESTON Galveston District CORPS OF ENGINEERS

GALVESTON, TEXAS

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Design-Build Services Southwestern Region

(AR, AZ, CA, LA, NM, NV, OK & TX)

POV and Organizational Vehicle Parking Lots

Design-Build Request for Proposal

100% Set Aside for Hub Zone/Service Disabled Veteran Owned Small Business Concerns

NOVEMBER 2008

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IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002 and Organizational Vehicle Parking Lots

TABLE OF CONTENTS

DIVISION 0 - PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

00010 STANDARD FORM 1442 - SOLICITATION, OFFER, AND AWARD

IDIQ CONTRACT LINE ITEM (CLIN) BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS AND FAR PROVISIONS

00110 COMBINED DESIGN-BUILD PROPOSAL SUBMITTAL REQUIREMENTS AND

DESIGN-BUILD PROPOSAL SOURCE SELECTION PROCEDURES

00600 REPRESENTATIONS AND CERTIFICATIONS

00650 WAGE RATES

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00810 SUPPLEMENTAL CONTRACT REQUIREMENTS

00900 DESCRIPTION/SPECS/WORK STATEMENT

DIVISION 01 - GENERAL REQUIREMENTS

01000 GENERAL REQUIREMENTS

01312A QUALITY CONTROL SYSTEM (QCS)

01320A PROJECT SCHEDULE

01330 SUBMITTAL PROCEDURES

01355 ENVIRONMENTAL PROTECTION

01356 STORM WATER POLLUTION PREVENTION MEASURES

01421 OUTLINE OF A BASIC STORM WATER PLAN

01451A CONTRACTOR QUALITY CONTROL

01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS

01562 DUST CONTROL

01572 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01670 RECYCLED / RECOVERED MATERIALS

01780 DESIGN-BUILD PROJECT CLOSEOUT

APPENDICES

APPENDIX A & B – SOIL BORINGS AND RAW SOIL DATA

APPENDIX C – UPDATED EAST BIGGS DESIGN GUIDE

APPENDIX D – NOT USED

APPENDIX E – ROUGH GRADING PLAN

APPENDIX F – HYDRANTS-WATER POINT SOURCES

APPENDIX G – NOT USED

APPENDIX H – NOT USED

APPENDIX I – NOT USED

APPENDIX J – NOT USED

APPENDIX K – NOT USED

APPENDIX L – ENVIRONMENTAL DOCUMENTS

APPENDIX M – HAUL ROUTES CONSTRUCTION PARKING

APPENDIX N – NOT USED

APPENDIX O – UTILITY RATES

APPENDIX P – NOT USED

APPENDIX Q – NOT USED

APPENDIX R – NOT USED

APPENDIX S – NOT USED

APPENDIX T – WASTE MANAGEMENT DOCUMENTS

PROJECT TABLE OF CONTENTS Page 1

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR INFORMATION

CALL:

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

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W912HY-09-R-0002

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5 NOV 08 1 OF 2

USACE Galveston District Contracting Division 2000 Fort Point Road Galveston, TX 77550-1229

SEE ITEM 7

Maria Rodriguez (409)766-6331

Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOCs) for Design-Build of POV and Organizational Vehicle Parking Lots in the Southwestern Region

(AR, AZ, CA, LA, NM, NV, OK, and TX.

This acquisition is set aside for HUBZone Small Business Concerns (Nationwide; 8(a) Small

Disadvantaged Business (SDB)from SBA Regions V (Illinois, Indiana, Michigan, Minnesota, Ohio and

Wisconsin), VI (Arkansas, Lousiana, New Mexico, Oklahoma and Texas) and IX (Arizona, California, and Nevada); and Service Disabled Veteran Owned Small Business (SDVOSB) Concerns (Nationwide).

You may submit your offer for multiple categories. Please mark the category below under which your offer is being submitted:

_______HUBZone ________8(a) SDB ________ SDVOSB

X X Task Order

TBD

X

X

SEC 110 2:25 pm CT 5 Dec 2008

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AMOUNTS

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.

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AWARD (To be completed by Government)

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SEE ITEM 14

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SEE SCHEDULE OF PRICES

and Organization Vehicle Parking Lots

Section 00010 - Solicitation Contract Form

SECTION 00010 NOTES TO OFFEROR

1. This Request for Proposal (RFP) is set aside for the following small business concern catagories:

a) HUBZone Small Business, (Nationwide)

b) 8(a) Small Disadvantaged Business from the Small Business Regions V (Illinois, Indiana, Michigan, Minnesota, Ohio & Wisconsin); VI (Arkansas, Lousiana, New Mexico, Oklahoma and Texas); and IX (Arizona, California and Nevada); and

c) Service Disabled Veteran Owned Small Business (Nationwide)

2. Award of more than one Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC), but not more than twelve (12) contracts is anticipated, of which up to four (4) contract awards are anticipated to be awarded to HUBZone Small Business Concerns; up to four (4) to 8(a) Small Disadvantaged Businesses and up to four (4) to Service Disabled Veteran Owned Small Businesses.

3. The MATOCs will contain a base year and 2 Option years. The total maximum dollar limitation of this acquisition is approximately $293,000,000.00, all contracts combined. The Base Year minimum guarantee is $10,000.00 per contract. The minimum guarantee amount will be applicable to the base year period only.

4. JOINT VENTURE BID REQUIREMENTS

Joint Venture Agreements Joint Ventures are allowable on competitive 8(a), however, 8(a) joint venture applicants must submit the JVA plus any other additional required documentation to the SBA servicing District Office prior to proposal due date. Failure to obtain SBA approval of the JVA will result in no contract award. If you are contemplating a joint venture on this project, you must advise your assigned SBA Business Development Specialist (BDS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with SBA’s established regulations.

Any corrections and/or changes needed can be made only when your BDS has adequate time for a thorough review before the proposal due date. NO CORRECTIONS AND/OR CHANGES ARE ALLOWED

AFTER TIME OF SUBMISSION OF PROPOSAL OR BIDS.

When bidding as a joint venture, all members of the joint venture must sign the SF 1442, unless a written agreement by the joint venture is furnished with the offer designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the joint venture agreement must be submitted with the offer. Failure to comply with the foregoing requirements may render the bid as non-responsive.

For 8(a) Small Disadvantage Business concerns, the joint venture agreement must be submitted to the SBA prior to submission of your offer. Award will be contingent upon SBA’s approval of the joint venture agreement.

5. Firm Fixed Priced Task Orders will be competed among awardee MATOC pools in accordance with the ordering procedures set forth in Section 800.

6. Prices must be submitted on all individual items of the Price Schedule; otherwise the offer will be considered unacceptable and may be rejected. The Contract Line Items (CLINS) on the bid schedule establish the firm fixed price wage rates for professional labor and for the cost of bonding per task order on a per $1000.00 basis. The premiums paid for performance and payment bonds will be on a Task Order Basis based on the value of the task order in accordance with the unit price established by the bidding schedule.

The premiums paid for performance and payment bonds will not exceed the amount established in the bidding schedule. Upon verification of the bonding premiums as annotated on the Standard Form 25 and 25A, the Government may modify the contract or task order to reflect a decrease in the amount bid.

Section 00010 - 1

7. For the purpose of initial evaluation of offerors, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the bidder:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

8. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

9. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

10. The requirement for a Guaranteed Bid Bond is hereby waived on this basic MATOC RFP, however, Guaranteed Bid Bonds may be required on the Task Order RFPs.

11. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause No. 52.232-38 “Submission of Electronic Funds Transfer Information with Offer" located in Section 00100.

12. Submit technical questions per the instructions in with Section 00100, Clause 52.0001-4006 I

"TECHNICAL INFORMATION".

13. The Government will review all submitted Price Schedules for any unbalancing of the items. Any submitted Price Schedule determined to be unbalanced may be considered nonresponsive and cause the bidder to be ineligible for contract award.

14. PLEASE NOTE: Please submit solicitation inquiries in accordance with the instructions found in Section 00100, 52.0000-4010 entitled “Inquiries”. Inquires MUST be received no later than 5 business days prior to be proposal due date.

15. UNIT ABBREVIATIONS:

L.S. = LUMP SUM

N.S. P. = NOT SEPARATELY PRICED

Section 00010 - 2

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 1

BASE YEAR

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

Professional Labor

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W45VAK-1010-0606

UNIT UNIT PRICE MAX AMOUNT

0001AA 1,000 Hours _____________ _________________________ Program Manager

FFP

UNIT UNIT PRICE MAX AMOUNT

0001AB 2,000 Hours ____________ _________________________ Project Manager

UNIT UNIT PRICE MAX AMOUNT

0001AC 1,000 Hours ____________ _________________________ Quality Control Manager

UNIT UNIT PRICE MAX AMOUNT

0001AD 2000 Hours ____________ _________________________ Safety Officer

UNIT UNIT PRICE MAX AMOUNT

0001AE 500 Hours ___________ _________________________ Cost Estimator

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 2

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001AF 500 Hours ___________ _________________________ Project Scheduler

UNIT UNIT PRICE MAX AMOUNT

0001AG 2,000 Hours ____________ _________________________ Site Superintendent

FFP

(If different from the Project Manager)

UNIT UNIT PRICE MAX AMOUNT

All Other Project Costs

FFP

Other than Bid Item 0001 required for completion of the Task Order, including but not limited to materials, equipment, labor, travel costs, operation, and maintenance manuals, as-builts, and warranty work.

UNIT UNIT PRICE MAX AMOUNT

0002AA UNDEFINED Lump Sum

TBD TBD

Paving Construction Type I

FFP

For POV and/or Organizational Vehicle Parking to include design and construction of both asphaltic and concrete pavement structures. Incidentals may include but not limited to concrete curbs and sidewalks, lighting, signage, storm drainage, pavement markings, retaining walls, fencing, etc.

UNIT UNIT PRICE MAX AMOUNT

0002AB UNDEFINED Lump Sum

TBD TBD

Paving Construction Type II

FFP

For Airport Runways, Taxiways and Heliports to include design and construction of asphaltic and concrete pavement. Incidentals may include but are not limited to concrete curbs and sidewalks, lighting, signage, storm drainage, pavement markings, retaining walls, fencing, etc..

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 3

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002AC UNDEFINED Lump Sum

TBD TBD

Operation and Maintenance Manuals

FFP

And Training

UNIT UNIT PRICE MAX AMOUNT

0002AD UNDEFINED Lump Sum

TBD TBD

Final Record Drawings

FFP

Amount to be withheld until completion of Record Drawings will be specified in the Task Order (See Section 01780 Task Order and Contract Closeout).

UNIT UNIT PRICE MAX AMOUNT

Warranty

FFP

Requirements (Refer to Section 01780)

UNIT UNIT PRICE MAX AMOUNT

0003AA UNDEFINED NSP

Warranty Requirements

FFP

See Section 01780

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 4

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003AB UNDEFINED NSP

Warranty Work*

FFP

*The monetary value for warranty work, which will be retained by the Government during the warranty period as set forth in the contract, is established at 1 percent of the amount awarded for the task order. This is the amount the Government will charge to or withhold from the contractor to ensure that the contractor performs the construction warranty within the timeframes specified under Contract Specifications Section 01780, paragraph: CONTRACTOR'S WARRANTY SERVICES REQUIREMENTS. The Government's award of this line item does not entitle the Contractor to any additional compensation.

UNIT UNIT PRICE MAX AMOUNT

Performance and Payment Bonds

UNIT UNIT PRICE MAX AMOUNT

0004AA 30,000 1k _________ _________________________ Bonding

FFP

Performance and Payment Bonds per $1000.00 to be specified on each order.

TOTAL BASE YEAR __________________________________________

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 5

OPTION 1 YEAR 2

UNIT UNIT PRICE MAX AMOUNT

OPTION 1

YEAR 2

Professional Labor

FFP

UNIT UNIT PRICE MAX AMOUNT

1001AA 1,000 Hours _____________ _________________________

OPTION 1

YEAR 2

Program Manager

UNIT UNIT PRICE MAX AMOUNT

1001AB 2,000 Hours ____________ _________________________

OPTION 1

YEAR 2

Project Manager

UNIT UNIT PRICE MAX AMOUNT

1001AC 1,000 Hours ____________ _________________________

OPTION 1

YEAR 2

Quality Control Manager

UNIT UNIT PRICE MAX AMOUNT

1001AD 2000 Hours ____________ _________________________

OPTION 1

YEAR 2

Safety Officer

UNIT UNIT PRICE MAX AMOUNT

1001AE 500 Hours ___________ _________________________

OPTION 1

YEAR 2

Cost Estimator

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 6

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001AF 500 Hours ___________ _________________________

OPTION 1

YEAR 2

Project Scheduler

UNIT UNIT PRICE MAX AMOUNT

1001AG 2,000 Hours ____________ _________________________

OPTION 1

YEAR 2

Site Superintendent

FFP

UNIT UNIT PRICE MAX AMOUNT

OPTION 1

YEAR 2

All Other Project Costs

FFP

Other than Bid Item 0001 required for completion of the Task Order, including but not limited to materials, equipment, labor, travel costs, operation, and

UNIT UNIT PRICE MAX AMOUNT

1002AA UNDEFINED Lump Sum

TBD TBD

OPTION 1

YEAR 2

Paving Construction Type I

FFP

For POV and/or Organizational Vehicle Parking to include design and construction of both asphaltic and concrete pavement structures. Incidentals may include but not limited to concrete curbs and sidewalks, lighting, signage, storm

UNIT UNIT PRICE MAX AMOUNT

1002AB UNDEFINED Lump Sum

TBD TBD

OPTION 1

YEAR 2

Paving Construction Type II

FFP

For Airport Runways, Taxiways and Heliports to include design and construction of asphaltic and concrete pavement. Incidentals may include but are not limited to concrete curbs and sidewalks, lighting, signage, storm drainage, pavement

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 7

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1002AC UNDEFINED Lump Sum

TBD TBD

OPTION 1

YEAR 2

Operation and Maintenance Manuals

FFP

UNIT UNIT PRICE MAX AMOUNT

1002AD UNDEFINED Lump Sum

TBD TBD

OPTION 1

YEAR 2

Final Record Drawings

FFP

Amount to be withheld until completion of Record Drawings will be specified in

UNIT UNIT PRICE MAX AMOUNT

OPTION 1

YEAR 2

Warranty

FFP

UNIT UNIT PRICE MAX AMOUNT

1003AA UNDEFINED NSP

OPTION 1

YEAR 2

Warranty Requirements

FFP

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 8

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1003AB UNDEFINED NSP

OPTION 1

YEAR 2

Warranty Work*

FFP

*The monetary value for warranty work, which will be retained by the Government during the warranty period as set forth in the contract, is established at 1 percent of the amount awarded for the task order. This is the amount the Government will charge to or withhold from the contractor to ensure that the contractor performs the construction warranty within the timeframes specified under Contract Specifications Section 01780, paragraph: CONTRACTOR'S WARRANTY SERVICES REQUIREMENTS. The Government's award of this

UNIT UNIT PRICE MAX AMOUNT

OPTION 1

YEAR 2

Performance and Payment Bonds

UNIT UNIT PRICE MAX AMOUNT

1004AA 30,000 1k _________ _________________________

OPTION 1

YEAR 2

Bonding

FFP

TOTAL OPTION 1 YEAR 2 __________________________________________

TOTAL BASE AND OPTION 1 ___________________________________

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 9

OPTION 2 YEAR 3

UNIT UNIT PRICE MAX AMOUNT

OPTION 2

YEAR 3

Professional Labor

FFP

UNIT UNIT PRICE MAX AMOUNT

2001AA 1,000 Hours _____________ _________________________

OPTION 2

YEAR 3

Program Manager

UNIT UNIT PRICE MAX AMOUNT

2001AB 2,000 Hours ____________ _________________________

OPTION 2

YEAR 3

Project Manager

UNIT UNIT PRICE MAX AMOUNT

2001AC 1,000 Hours ____________ _________________________

OPTION 2

YEAR 3

Quality Control Manager

UNIT UNIT PRICE MAX AMOUNT

2001AD 2000 Hours ____________ _________________________

OPTION 2

YEAR 3

Safety Officer

UNIT UNIT PRICE MAX AMOUNT

2001AE 500 Hours ___________ _________________________

OPTION 2

YEAR 3

Cost Estimator

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 10

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2001AF 500 Hours ___________ _________________________

OPTION 2

YEAR 3

Project Scheduler

UNIT UNIT PRICE MAX AMOUNT

2001AG 2,000 Hours ____________ _________________________

OPTION 2

YEAR 3

Site Superintendent

FFP

UNIT UNIT PRICE MAX AMOUNT

OPTION 2

YEAR 3

All Other Project Costs

FFP

Other than Bid Item 0001 required for completion of the Task Order, including but not limited to materials, equipment, labor, travel costs, operation, and

UNIT UNIT PRICE MAX AMOUNT

2002AA UNDEFINED Lump Sum

TBD TBD

OPTION 2

YEAR 3

Paving Construction Type I

FFP

For POV and/or Organizational Vehicle Parking to include design and construction of both asphaltic and concrete pavement structures. Incidentals may include but not limited to concrete curbs and sidewalks, lighting, signage, storm

UNIT UNIT PRICE MAX AMOUNT

2002AB UNDEFINED Lump Sum

TBD TBD

OPTION 2

YEAR 3

Paving Construction Type II

FFP

For Airport Runways, Taxiways and Heliports to include design and construction of asphaltic and concrete pavement. Incidentals may include but are not limited to concrete curbs and sidewalks, lighting, signage, storm drainage, pavement

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 11

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2002AC UNDEFINED Lump Sum

TBD TBD

OPTION 2

YEAR 3

Operation and Maintenance Manuals

FFP

UNIT UNIT PRICE MAX AMOUNT

2002AD UNDEFINED Lump Sum

TBD TBD

OPTION 2

YEAR 3

Final Record Drawings

FFP

Amount to be withheld until completion of Record Drawings will be specified in

UNIT UNIT PRICE MAX AMOUNT

OPTION 2

YEAR 3

Warranty

FFP

UNIT UNIT PRICE MAX AMOUNT

2003AA UNDEFINED NSP

OPTION 2

YEAR 3

Warranty Requirements

FFP

IDIQ MATOC For the Construction of POV SOLICITATION NO. W912HY-09-R-0002

00010 - 12

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

2003AB UNDEFINED NSP

OPTION 2

YEAR 3

Warranty Work*

FFP

*The monetary value for warranty work, which will be retained by the Government during the warranty period as set forth in the contract, is established at 1 percent of the amount awarded for the task order. This is the amount the Government will charge to or withhold from the contractor to ensure that the contractor performs the construction warranty within the timeframes specified under Contract Specifications Section 01780, paragraph: CONTRACTOR'S WARRANTY SERVICES REQUIREMENTS. The Government's award of this

UNIT UNIT PRICE MAX AMOUNT

OPTION 2

YEAR 3

Performance and Payment Bonds

UNIT UNIT PRICE MAX AMOUNT

2004AA 30,000 1k _________ _________________________

OPTION 2

YEAR 3

Bonding

FFP

TOTAL OPTION 2 YEAR 3 __________________________________________

TOTAL BASE, OPTIONS 1 AND 2 ___________________________________

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

TECHNICAL INFORMATION (CESWG-CT) (52.0001-4006I)

For technical information regarding the plans and specifications: Technical inquiries are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org\projnet

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information click create user. Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Solicitation No.: W912HY-09-R-0002

Project: IDIQ MATOC for Design Build Services SW Region – POV and Organizational Vehicle Parking Lots

Bidder Inquiry Key: A783K8-ZKY8JF

52.1-4011 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 the Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, Fax No. (409) 766-3010.

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

(End of Provision)

52.1-4012 DAVIS-BACON ACT (CESWG-CT)

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00700, FAR 52.222-6)is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

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52.1-4102 SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the lobby of 2000 Fort Point Road, Galveston District, Galveston, TX 77550, Not Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry. Parking is limited. Firearms are not permitted on the installation. Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring Break and the Summer Season, can have traffic slow downs and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

(End of Clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions

Section 00100 - 3 specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of- -or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

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52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs.

The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

52.216-1 TYPE OF CONTRACT (APR 1984)

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The Government contemplates award of Indefinite Quantity Indefinite Delivery (IDIQ) – Multiple Award Task Order Contracts (MATOCs) resulting from this solicitation. The task orders will be Firm Fixed Priced Orders.

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).

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.

(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

57.8% 6.9%

Unless otherwise specified by the Task Order

Unless otherwise specified by the Task Order

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.

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(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 :

SMSA El Paso County, El Paso, TX, (Unless otherwise specified by Task Order)

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS

(MAY 2002)

(a) Definitions. Construction material, domestic construction material, and foreign construction material, as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act -- Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of

Section 00100 - 8 the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (JAN 2005)

(a) Definitions. ``Construction material,'' ``designated country construction material,'' ``domestic construction material,'' and ``foreign construction material,'' as used in this provision, are defined in the clause of this solicitation entitled ``Buy American Act--Construction Materials Under Trade Agreements'' (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with…