A07.23_W912HZ18R0015_Solicitation.pdf

One (1) Firm-Fixed-Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) construction Job Order Contract (JOC) for w ork at the US Army Corps of Engineers, Engineer Research and Development Center, Vicksburg, MS Campus.

The purpose of this procurement is to obtain w ork that includes but is not limited to construction, alteration, and repair of real property (industrial, commercial) and utility projects for FY 2018 through 2021.

This procurement w ill be a 100% Service-Disabled Veteran-Ow ned Small Business Set-Aside, Indef inite Delivery/Indef inite Quantity (IDIQ), Single Aw ard Task Order Contract (SATOC) w ith a three (3) year term. The North American Industry Classif ication Code (NAICS) for this procurement is 236210; size standard $36.5 Million applies. Multiple projects are anticipated. The ceiling amount is $6M ($2M per year).

Individual task orders are expected to range from $3,000 to $750,000; how ever, task orders above or below these amounts may be considered if deemed to be in the Government’s best interest.

Guaranteed Minimum:

Base Year: $25,000 Option Year 1: $25,000 Option Year 2: $25,000

ADRIENNE Y BINGHAM 601-634-2702

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

27-Jul-2018

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, X negotiable. (See _________________________

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 ______________27 Aug 2017 (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 of fers 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 _______60 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

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

W912HZ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (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:

W912HZ18R0015 146

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

Section 00 01 15 - List of Drawing Sheets

ATTACHMENTS

Attachment A ` Pricing Schedule

Attachment B Past Performance Questionnaire (PPQ)

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,000,000 Job ERDC JOC Base Year

FFP

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Engineer Research and Development Center (ERDC) in Vicksburg, MS in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

FOB: Destination

NET AMT

0002 2,000,000 Job OPTION ERDC JOC Option Year 1

FFP

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Engineer Research and Development Center (ERDC) in Vicksburg, MS in strict accordance with all the terms, conditions, special contract

0003 2,000,000 Job OPTION ERDC JOC Option Year 2

FFP

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Engineer Research and Development Center (ERDC) in Vicksburg, MS in strict accordance with all the terms, conditions, special contract

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

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

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

Section 00 20 00 - Instructions for Procurement

INSTRUCTIONS FOR PROCUREMENT

INSTRUCTION, CONDITIONS AND NOTICE TO OFFERORS

1.0 GENERAL INFORMATION

The scope of this acquisition includes maintenance, repair, upgrade, and construction of real property facilities at the Engineer Research and Development Center (ERDC) in Vicksburg, MS.

This will include a wide variety of services such as minor new construction, sustainment, restoration and/or modernization services to include the following:

Repair and Alteration of real and personal property facilities, e.g. maintenance, repair, and minor construction services relating to the following:

Mechanical, Plumbing, Structural, Electrical, Heating, Ventilation, and Air Conditioning (HVAC) Instrumentation repair incidental to construction Asbestos and lead based paint abatement, and other environmental remediation incidental to the construction.

Anti-terrorism and force protection system upgrades, repairs, and installation.

Repair of roadways, parking areas, and pedestrian walkways.

Lighting installation and repair.

Interior or exterior painting of buildings and structures.

Storm water system improvement and repair.

Other site work including site grading and drainage, landscape plantings, exterior irrigation systems, and retaining walls incidental to the construction.

Based on the type of work being performed, four bare cost adjustment coefficients shall be used to determine the total price when applied to the Unit Price Book (UPB) line items and the necessary quantities.

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION

COSTS

The JOC contract value is $6,000,000 to include a 12-month base contract period and two 12-month option periods for a total of three years. Individual task orders will be awarded between $2,500 and $750,000 per task order, but may exceed the stated estimated task order amount if such award is deemed to be in the best interest of the Government.

1.3 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

All copies of the solicitation and amendments will be posted in FEDBIZOPS. The Offeror shall submit its proposal and all requested information as specified in this solicitation to the contact listed in the FEDBIZOPS announcement.

1.4 RESERVED

1.5 SMALL BUSINESS SIZE STANDARD/NAICS CODE

The small business size is $36.5M and the NAICS is 236210.

1.6 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This solicitation does not commit the Government to pay as a direct charge any cost incurred by the Offeror in the preparation and submission of the proposal or revisions. A stipend is not authorized for unsuccessful offerors.

1.7 ACCURACY IN PROPOSALS

Proposals shall be set forth with full, accurate, and complete information as required by this solicitation, including all amendments to the solicitation.

1.8 PROPOSAL SUBMITTALS

In an effort to reduce paperwork and cost, ALL proposal documents shall be submitted electronically.

1.9. PROPOSAL FORMAT AND INSTRUCTIONS

Proposals shall be submitted via email to: Adrienne.Y.Bingham@usace.army.mil Only electronic submissions will be accepted. There are no page limits; however, documents must be submitted by email; therefore, max file size is 15 megabytes. All questions concerning this solicitation must be submitted to the Government via email to Adrienne.Y.Bingham@usace.army.mil. The Government will accept questions up to ten (10) calendar days of the due date. Answers to questions will be provided via live Q&A document.

1.10 JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a Joint Venture, all members of the joint venture shall sign the bid bond unless a written agreement signed by the joint venture is furnished with the proposal designating one firm with authority to bind the other memebers. In addition, an electronic copy of the joint venture agreement shall be submitted electronically with the proposal.

1.11 BONDING CAPABILITY

Bonding Capability will be rated as pass/fail based on the following.

The Government will verify that a letter of current bonding capacity has been provided and that the Offeror is able to obtain a minimum of $3 million bonding capacity annually for this project.

Failure of an Offeror to provide this letter or failure to possess sufficient bonding capacity will result in that Offeror's removal from consideration to proceed.

1.12 BID GUARANTEE

A Bid Guarantee shall be submitted with the response to this solicitation.

1.13 CONTRACT PRICES – BIDDING SCHEDULE

Payment for the various items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials, and bonds

(performance/payment) and for performing all operations required to complete the work assigned in a task order.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION FACTORS, AND BASIS OF

AWARD

1.0 OVERVIEW

The Government will evaluate the proposal in accordance with the evaluation factors stated in this solicitation. The evaluation factors in this solicitation are described herein using the evaluation rating systems outlined for selection procedures.

2.0 BASIS OF AWARD

The Contracting Officer will award a Firm-Fixed Price contract to that responsible Offeror whose proposal conforms to the Request for Proposal (RFP), is determined to include fair and reasonable prices, and offers the overall best value to the Government considering the selection factors listed in this solicitation. The Government will determine the best overall value on the basis of the “Lowest Price Technically Acceptable” (LPTA) process. This process allows the Government to make an award to the offeror who meets the Government’s minimum technical requirements and offers the lowest fair and reasonable price. In accordance with FAR 15.101-2, the LPTA process does not permit tradeoffs between price and non-price factors.

For a proposal to be considered for award, the proposal must, at a minimum, meet all proposal submission requirements for non-cost evaluation factors. The application of the best value, LPTA technique in the source selection and contract award process is as follows:

a. A decision on the technical acceptability of each Offeror’s proposal will be made based upon the comparison of the offer with the evaluation factors discussed herein. Only those Offeror’s proposal determined to be technically acceptable, either initially or as a result of discussions, only if discussions are held, will be considered for award.

b. The Government’s intention is to award without discussions, but reserves the right to enter discussions if necessary.

c. Award will be made to the lowest-priced Offeror with acceptable rating for the two (2) non-cost factors. There are no ranking of factors and no tradeoffs between technical factors, past performance, or price in the LPTA process.

3.0 Evaluation Factors

Factor Location Description FACTOR 1 VOLUME 1 Management Approach – Offerors shall describe their Operations Plan, Key Personnel, and Experience Executing Job Order Contracts (JOC).

FACTOR 2 VOLUME 1 Past Performance – Offeror shall demonstrate past performance in successfully executing JOC task orders.

FACTOR 3 VOLUME 2 Price and Other Required Information – Submit a properly filled out bid schedule for CLIN 0001-0004, properly executed bid guarantee, required pre-award information, and representations and certifications.

Evaluation of Factor 1 - Management Approach

The purpose of this factor is to assess whether the Offeror’s proposal will satisfy the Government’s minimum requirements.

The Government will review the clarity, adequacy, capabilities and resources of the Offeror’s described plan to respond to the Government’s notification of a proposed task order requirement.

The technical aspects of the Management Approach proposal will be evaluated based upon the following subfactors: Operations Plan, Key Personnel, and Experience Executing Job Order Contracts (JOC).

Each of these subfactors will be evaluated for acceptability on a pass/or fail basis. If any subfactor of Factor 1 Management Approach is considered unacceptable, Factor 1 will be rated as unacceptable.

Factor 1 – Subfactor 1: Operations Plan.

For an Offeror’s Operation Plan to be considered acceptable, it must, at a minimum, accomplish the following:

a. The plan must adhere to the proposal submission instructions and address the Offeror’s approach and methodology and depth of understanding of the contract performance requirements for management, supervision, manpower and equipment resources, quality control/assurance, and safety associated with Job Order Contracts.

b. The Operations Plan shall also include an organizational structure, which demonstrates the efficiency in day-to-day operations, quick resolution of problems, clear roles and responsibilities and excellent communication networks.

c. The plan should also demonstrate the ability of the firm to manage multiple construction projects of varying magnitudes relating to the repair and alteration of real and personal property facilities, e.g. maintenance, repair, and minor construction services.

d. The plan shall include a list of primary subcontractors with capability and equipment resources to respond to Job Order Contract task orders.

Factor 1 – Subfactor 2: Key Personnel

For an Offeror’s Key Personnel to be acceptable, the proposal must identify the qualifications of key personnel in the following positions:

a. Contract Manager

b. Project Superintendent

c. Quality Control Manager

d. Site Safety Health / Environmental Compliance Manager

The above listed key personnel must have a minimum of three (3) years of experience in the operations of construction projects similar in nature, size, scope and complexity of this solicitation. Resumes for all team members to include Letter of Commitments signed by key subcontractors and the prime contractor shall also be provided.

Factor 1 – Subfactor 3: Experience Executing Job Order Contracts

The Offeror’s experience will be evaluated to allow the Offeror’s to demonstrate their ability to execute Contract requirements. Offeror shall submit a minimum of three (3) and no more than five (5) project experiences completed or substantially completed within six (6) years from the date of this solicitation that best represent their experience similar to the scope of work for this solicitation. Two (2) of the five (5) projects submitted may be current construction projects with at least 50% construction progress completed. If Offeror is proposing as a Joint Venture (JV) and project experiences cannot be provided as a JV, each partner shall submit project experience information, with no more than five (5) projects each.

Table 1. Management Approach Subfactor Evaluation Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Factor 2 - Past Performance

The Offeror’s past performance record will be evaluated to determine the Offeror’s probability of successfully performing the Contract requirements. Offeror shall submit a minimum of three

(3) and no more than five (5) projects completed or substantially completed within 6 years from the date of this solicitation that best represent their experience similar to the scope of work for this solicitation. Two (2) of the five (5) projects submitted may be current construction projects with at least 50% construction progress completed. If Offeror is proposing as a Joint Venture (JV) and past performance cannot be provided as a JV, each partner shall submit past performance information, with no more than five (5) projects each.

The past performance submissions shall match the project experiences submitted for Factor 1 -3.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/ affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. The Government may also use other tools to gather information regarding an

Offeror's qualifications and past performance. The Offeror shall provide information on any problems encountered on the identified contracts and the corrective actions taken.

While the Government may elect to consider data from other sources, the burden of proof rests with the Offerors to provide past performance information that is accurate, detailed, current, and complete.

The Offeror’s Past performance shall be evaluated and assigned a rating based upon the minimum acceptability requirements described herein utilizing the following table:

Table 2. Past Performance Evaluation Ratings Rating Description Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror[s performance record is unknown. (See Note Below)

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305 (a) (2) (iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.

Factor 3 - Evaluation of Price Proposal

Item Description Coefficient Factor 0001 Normal Working Hours: Building Construction

Offerors shall perform all functions called out in any task order during normal working hours for the unti price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the proposed coefficient factor.

0002 Other Than Normal Working Hours: Building Construction Offerors shall perform all functions called out in any task order during other than normal working hours for the unti price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the proposed coefficient factor.

0003 Non-Prepriced Items Overhead and profit rate for all non-prepriced items on a task order. Overhead and profit is defined as all items associated with performing the tasks, other than direct labor, equipment, and material costs. Coefficient factor to be applied to direct costs of task order non-prepriced items.

0004 Hazardous Material Abatement – Prepriced Items Officers shall perform all functions called out in any task order for the unit price sum specified in the Unit Price Book for any work required to be performed for the removal and disposal of asbestos and lead-based paint, multiplied times the coefficient factor.

Notes:

1. The offeror's Construction price coefficient factor(s) SHALL include all prime and sub contractor profit, home office overhead, jobsite overhead, and other costs not included in the bare labor material, and equipment costs from the unit price book or in the non- prepriced items. These costs include, but are not limited to, the following:

(a) Corporate, Regional, and Site offices (i.e. Office buildings, office spaces, office trailers, office management, office equipment and supplies, etc)

(b) Profit

(c) Performance and Payment Bonds (per Army Federal Regulation Supplement (AFARS) 17.9004 2(h))

(d) Insurance

(e) Compliance with environmental laws, protection and safety

(f) Tax Laws

(g) Protection for moving of Government property

(h) Submittals (i.e. preparation and distribution of Work Plans, Risk Analyses and weekly reports, as-builts, CQC Plans, Safety Plans, Accident Prevention Plans, Hazard Analyses, Test Procedures, Tests, Test Reports, Status Reports, Catalog Cut Sheets, Technical Data Sheets, Shop Drawings, Schedules, O&M Manuals, etc.)

(i) Price quotations

(j) Contractor adjustments to Government Unit Prices

(k) Clean-up shall be applicable per each task order.

(l) All waste and excess materials (m)Permits, licenses and fees

(n) Mobilization, such as heavy equipment and equipment not usually required to be delivered to jobsite, shall be negotiated with each task order whereas work trucks (and lower tier work trucks) small trailers, etc shall be included in the coefficient

(o) Bulletin Board and Project and Safety Signs “ if required/applicable” should be amended to include the statement “ local barricades (i.e. construction safety fence in and around work site, construction safety tape, etc) shall also be included in Contractor’ s coefficient whereas more substantial signage/barricade effort (i.e. traffic safety plan and controls) shall be negotiated with each task order if applicable.

(p) Principles, project management, supervision and construction supervision

(q) Technical support staff (i.e. estimator, draftsman/CADD operator, etc.)

(r) Administrative support staff (i.e. clerks, secretaries, assistants, etc.)

(s) Quality Control and Quality Control Staff

(t) Travel (includes all associated costs for all personnel)

(u) Marketing and Training (i.e. videos, user guides, brochures, promotions, associated travel, etc)

(v) Collaboration/face-to-face meetings with all Program/Project stakeholders (i.e. progress reviews, negotiations, etc.)

(w) Interest associated with funding of equipment and payroll

(x) Employee payroll taxes, insurance and fringe benefits

(y) Risk of lower than expected contract dollar volume

(z) Risk of high inflation costs for option periods

(aa) Risk of poor subcontractor performance and re-performance

(bb) Other risks of doing business

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

(dd) Cost of using electronic payroll software.

(ee) Toilet Facilities

(ff) DD1354

(gg) Utility Locations

(hh) Warranty Tag

(ii) O&M Training

(jj) O&M Manual

(kk) cost of e4Clicks Project Estimator Software

2. The unit prices stated in the UPB include labor, materials and equipment.

3. 5152.237-9000 ADJUSTMENT TO CONTRACTOR’S COEFFICIENT FOR OPTION YEARS (JOB ORDER

CONTRACTS) AFARS

“Pricing” of option periods, include consideration of any adjustments must be performed by an economic price adjustment for those periods, as follows:

An economic adjustment will be applied to the contract coefficient(s) addressing changes in the cost of labor, equipment and material in the Unit Price Book (UPB) (this includes consideration of Davis Bacon issues). This allows for economic increase or decrease of the prices in the UPB and serves to adjust line item prices by the percentage increase or decrease of the economic trend in the construction market. The economic price adjustment will be based on the Building Cost Index (BCI) found in the Market Trend pages of the Engineering News Record (ENR). The economic adjustment is not applied to the cost items comprising the coefficient. No upward adjustment can apply to task orders awarded prior to the effective date of the adjustment, regardless of the date of commencement of work thereunder.

The adjustment will be made in accordance with the following equation. The resulting revised coefficient(s) must be applied throughout the option year.

N = C + i

Where: N = New Coefficient C = Base Year Coefficient i = Change Factor (% increase or decrease from base to option year)

The Index Factor, i, shall be computed according to the following equation:

i = BCIN – 1

BCIC

Where:

BCIN is the Building Cost Index, published in the ENR, for the month prior to the effective date of the option period.

BCIC is the Building Cost Index, as published in the ENR, on the date of the award of the contract. The

BCIC is ___________, based on the award date of ___________.

If the BCI or the ENR ceases to be published, the parties shall agree on substitute indices.

EXAMPLE: For the base year of a contract the coefficient (C) is 1.10. The cost to the government for a line item whose cost is $100.00 is 1.10 x $100.00 = $110.00.

Option Year 1. For the first option year the coefficient will be adjusted as follows:

i = BCIN -1 = 3111.86 – 1 = 1.0133 -1 = .0133

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 + 0.0133 = 1.1133

The above line item under the option period would be 1.1133 x $100.00 = $111.33.

Option Year 2.

For the second option year, if the BCI for the month prior to the effective date of the option period was 3002.99, the coefficient will be adjusted as follows:

i = BCIN – 1 = 3062.99 – 1 = .9974 – 1 = -0.0026

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 -0.0026 = 1.0974

The above line item under the option period would be 1.0974 x $100.00 = $109.74.

Note 1. Round calculations for the Change Factor (i) to the nearest ten thousandth

Note 2. ENR indices for calculation of coefficients for the option years are taken from the McGraw Hill publication, ENR, published during the month prior to the effective date of the option. The ENR Index for the base year (contract award) is the most recent ENR Index published for the month prior to initial contract award.

Price will not be rated, but will be evaluated for fairness and reasonableness through the use of a price analysis. The price evaluators will also check for appearance of unbalanced line item prices.

Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are inclusive in the offered price for the contract. If deemed necessary, the supplemental price breakdown information will be used to assist the Government in performing the price evaluations described above.

All pricing should be included in the coefficients. The Government considers a coefficient below 1.0 to be unreasonable and that Offerors proposal with coefficients below 1.0 will not be considered for award.

Price Analysis including techniques and procedures described under FAR 15.404-1(b) will be the primary means of assessing proposal price reasonableness.

Offeror’s Responsiveness. It is the Offeror's responsibility to ensure the completeness and accuracy of his or her proposal. Excepting any apparent clerical or arithmetic mistakes found in the bidding schedule (Section B), corrections will not be made by the Government. Any proposal that modifies or fails to conform to the requirements of this Solicitation will be considered unacceptable.

CLAUSES INCORPORATED BY FULL TEXT

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 $1.2M, 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.

(End of provision)

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—

(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225- 24, or comparable agency provision); and

(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database 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 FAR 52.204-8(c) and paragraph (d) 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 provision number, title, date].