am3.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPIRATION DATA (If required)

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

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

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

NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0003 Jun 25, 2008

US Army Corps of Engineers Los Angeles District P.O. Box 2711 Los Angeles, CA 90017

US Army Corps of Engineers Los Angeles District P.O. Box 2711 Los Angeles, CA 90017

W912PL-08-R-0013

3 June 2008

Dinning Facility, AIT Complex, Ft. Huachuca, Arizona.

Amendment 0003 is issued to Replace the Pricing Schedule in its entirety and to include the Small Business Goals as follows:

Small Business 70%, Small Disadvantaged Business 6.2%, Women Owned Small Business 7.0%, Hubzone Small Business 9.8%, Veteran Owned Small Business 3.0%, Service Disabled Veteran Owned Small Business 0.9%

Amendment No. 0003 W912PL-08-R-0013 Page of 306

Section 0010 PRICING SCHEDULE

CONTRACT LINE ITEM SCHEDULE (see note 1-4, 11) Item Estimated Unit No. Description Quantity Unit Price Amount

BASE PROPOSAL

1001 Dining Facility 1001AA Design Costs (note 4) 1001AA1 Site Work (Notes 8) 1 Job XXX $_____________ 1001AA2 Facilities (Notes 9) 1 Job XXX $_____________ 1001AA3 Comprehensive Interior Design for Dining Facility (SID and And FF&E ) (note 6) 1 Job XXX $_____________

Subtotal Design Costs $_____________

1001AB Non-Design Costs (note 4) 1001AB1 Site Work (Notes 8) 1 Job XXX $_____________ 1001AB2 Facilities (Notes 9) 1 Job XXX $_____________

Subtotal Non-Design Costs $_____________

1001AC Construction of Dining Facility XXX $_____________ 1001AC1 Site Work (Note 8) 1 Job XXX $_____________ 1001AC2 Facilities (Note 9) Building 1 Job XXX $_____________ 1001AC3 O&M Manuals 1 Job XXX $ 75,000.00 1001AC4 As-Built Drawings 1 Job XXX $ 85,000.00

SUBTOTAL – CONSTRUCTION $___________

SUBTOTAL ITEM 1001 -

Dining Facility $___________

TOTAL BASE PROPOSAL $______________

OPTIONS

1002 Option 1 Provide Furnishings 1 Job XXX $_______________ (see note 6a, 12,13)

TOTAL OPTIONS $_____________

TOTAL BASE PROPOSAL & OPTIONS $_________________

Contract Duration in Calendar Days (See Note 8) 540 DAYS

Amendment No. 0003 W912PL-08-R-0013

CONTRACT LINE ITEM (CLIN) SCHEDULE NOTES

1. The Offeror shall submit pricing data on the latest Contract Line Item (CLIN) schedule as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

2. Offerors must insert a price on all numbered items of the CLIN Schedule

3. CONDITIONS GOVERNING EVALUATION OF OFFERS AND AWARD OF CONTRACTS:

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within the time indicated below (see note 12) from the Notice to Proceed:

4. Definitions of Design and Non-Design Costs:

a. Design Costs: Design costs shall consist of preparation of designs, plans, drawings and specifications.

b. Non-Design Costs: Non-design costs shall include the following: Initial site visits; field, topographic, property, boundary, utility, and right-of-way surveys; subsurface explorations and borings; feasibility, functional, and economic studies and other investigations; flow gauging and model testing; preparation or verification of as-built drawings; preparation of general and development criteria; estimating; services of consultants where not specifically applied to the preparation of working drawings or specifications; preparation of environmental impact assessments, statements, and supporting data, reproduction of designs for review purposes; and travel and per diem allowances in connection with the above excludable services.

5. Description of Options:

a. Option 1, Provide Furnishings – provide all Dining area tables, chairs, and booths, as well as all administrative office furniture.

6. CLIN 1001AA3, the Contractor shall prepare Comprehensive Interior Design (CID) package. Contractor will provide furniture design for all spaces, including existing furniture and equipment to be reused.

Payment under these items will be at the contract lump-sum price and will constitute full compensation for the work associated with design. This work includes loose furniture and other CID items purchased by the Government which are not systems furniture. The Government will order the CID items using the forms developed by the Contractor in the CID package. The cost to prepare the CID shall be included in items

1001AA3.

Amendment No. 0003 W912PL-08-R-0013

7. The Offeror shall propose a total integrated contract duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for design and construction through completion, ready for turnover shall not exceed 540 calendar days. The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP. See COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK.

8. CLIN line items for “site work” shall include all site work and utilities complete within the product line’s boundary as described in Section 011000 .

9. CLIN line items, including sub-line items, for “facilities” shall include all costs to the 5-foot line of the facility listed or as designated within the RFP.

10. COST BREAKDOWN INFORMATION

a. The Contractor shall provide cost or pricing data with this proposal as required by FAR Part 15. This information shall be provided in the format specified by Table 15-2 of FAR 15.408 or in the Contractor’s own format provided that format includes the appropriate information.

b. In addition to the information required above, the contractor shall provide a cost breakdown for each facility listed in the CLIN Schedule. An example of the COST BREAKDOWN SCHEUDLE is available upon request of the contracting office.

This cost breakdown is for comparison purposes and shall be used in negotiating the Task Order costs. The breakdown covers the construction costs for the facility and the major line items correspond to the Construction Cost CLIN line items on the Schedule.

The classification of this Cost Breakdown Structure was developed from the Tri-Service Cost Engineering System (TRACES) Work Breakdown Structure (WBS) and ASTM E1557-97 "Standard Classification of Building Elements and Related Sitework - UNIFORMAT II". The sub-elements contained within each of the systems or work elements are further described in the CSI/CSC UniFormat Construction Systems and Assemblies (1992, 1997, or current) publication and ASTM E1557-97 "Standard Classification of Building Elements and Related Sitework - UNIFORMAT II". For each system or group element, indicate the work to be performed by Contractor’s own work forces and by subcontractors.

Where an offeror’s subcontractors for any system or element are not represented in the Cost Breakdown Structure, offerors should add additional lines as required. Listed Systems, Subsystems, or Work Elements which are not applicable to this project shall have a value of $0.00 entered:

11. EVALUATION OF OPTIONS

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the Base Proposal. (Total Base Proposal and Optional Proposal Items.) Evaluation of options will not obligate the Government to exercise the options.

12. AWARD OF OPTIONAL PROPOSAL ITEMS

Optional Proposal Items, at the option of the Government, be awarded at the time of contract award or may be exercised at any time from the date of contract award until 90 days after award of Task Order 0001.

The Government may exercise all options or any combination thereof.

13. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

Amendment No. 0003 W912PL-08-R-0013

14. If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated amount, the application of the lump sum adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.

15. Prices must be submitted on all individual items of the Price Schedule, otherwise the bid will be considered non-responsive and will be rejected.

16. For the purpose of initial evaluation of bids, 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.

17. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

18. The lump sum “LS” line items in the Price Schedule are not “Estimated Quantity” line items and are not subject to the “Variation in Estimated Quantity” contract clause.

19. 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.

20. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

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

22. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00800.

23. The bidder shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. 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.

24. The bidder shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

25. Some quantities are ESTIMATED, the bidders prices MUST BE FIRM.

26. Bidder is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FUTHER.

27. Contractor is required to fill in Cage code (Reference Section 00600, entitled "Required Central Contractor Registration" Mar 1998) and DUNS Number (Reference Section 00600, entitled, "Data Universal Numbering System (DUNS) Number" Jun1999) in Block No. 15 on Standard Form 1442, Name and Address Block (Cage Code under Code and DUNS No. under Facility Code respectively).

28. The Government contemplates award on one contract to the responsive, responsible bidder who submits the low bid for the total of all the items in the Price Schedule.

Amendment No. 0003 W912PL-08-R-0013

52.0028-4001 REQUIRED INSURANCE

Insurance is required as follows:

a. Either Workman's Compensation or Employer's Liability Insurance with a minimum limit of $100,000.00.

b. General Liability. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form or policy of at least $500,000.00 per occurrence.

c. Automobile Liability Insurance for Bodily Injury and Property Damage with minimum limits of $200,000.00 for injury or death of any one person; $500,000.00 for each accident or occurrence of bodily injury liability; and $20,000.00 for each accident or occurrence for property liability.

d. In every case the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the State in which the installation is located requires higher limits, the Automobile Liability Insurance Policy should provide coverage of at least those limits.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Office a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until 10 days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .540 calendar days* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

(a) This clause shall become operative only for any modification to this contract involving a pricing adjustment expected to exceed the threshold for submission of cost or pricing data at FAR 15.403-4, except that this clause does not apply to any modification if an exception under FAR 15.403-1 applies.

(b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost reimbursable under this contract, was increased by any significant amount because (1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph

(a) of this clause.

(c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which--

(1) The actual subcontract; or

Amendment No. 0003 W912PL-08-R-0013

(2) The actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data.

(d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense:

(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted.

(ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer.

(iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract.

(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.

(2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if--

(A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and

(B) The Contractor proves that the cost or pricing data were available before the “as of” date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date.

(ii) An offset shall not be allowed if--

(A) The understated data were known by the Contractor to be understated before the “as of” date specified on its Certificate of Current Cost or Pricing Data; or

(B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the “as of” date specified on its Certificate of Current Cost or Pricing Data.

(e) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid--

(1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and

A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data that were incomplete, inaccurate, or noncurrent.

(End of clause)

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

The Contractor did not include facilities capital cost of money as a proposed cost of this contract. Therefore, it is an unallowable cost under this contract.

(End of clause)