vol1AIT_dining.pdf

Design-Build Request For Proposal

Construct AIT Dining Facility

PN 68572, FY2008

Fort Huachuca, AZ

W912PL-08-R-0013

VOLUME 1 of 2 - BID DOCUMENTS (DIVISION 00)

W912PL-08-R-013

Page of 306

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

Construct AIT Dining Facility

Fort Huachuca, AZ

PROPOSAL REQUIREMENTS, CONTRACT FORMS AND CONDITIONS

VOLUME 1 of 2

Sections

00 11 00 SF1442/CLIN SCHEDULE

00 21 00 Instructions to Offerors

00 22 11 Proposal Submission Requirements Evaluation Criteria, and Basis of Award One Step – Best Value, Design-Build (Single Award) (To be revised by Amendment)

00 45 00 Representations and Certifications

00 72 00 Contract Clauses – Table of Contents

00 73 00 Special Contract Requirements

VOLUME 2 of 2

DIVISION 01 - General Requirements

Sections

01 10 00 Statement of Work

01 32 01.00 10 Project Schedule

01 33 00 Submittal Procedures

01 33 16 Design After Award

01 45 02.00 10 Quality Control System (QCS)

01 45 04.00 10 Contractor Quality Control

01 50 02 Temporary Construction Facilities

01 57 20.00 10 Environmental Protection

01 62 35 Recycled/Recovered Materials

01 78 02.00 10 Closeout Submittals

Appendices

Appendix AGeotechnical Information

Appendix B List of Drawings

Appendix C Utility Connections

Appendix D Results of Fire Flow Tests

Appendix E Environmental Information

Appendix F Photos of surrounding buildings

Appendix G GIS Data

Appendix H Exterior Signage

Appendix I Acceptable Plants List

Appendix J Drawings

Appendix K Life Cycle Cost Analysis Fuel Cost Information

Appendix L LEED Project Credit Guidance

Appendix M LEED Owner’s Project Requirements

Appendix N LEED Requirements for Multiple Contractor Combined Projects

Appendix O LEED Strategy Tables

Appendix P Topographic Survey

Appendix Q Demarcation Matrix

Appendix R Project Signage

Appendix S Storm Run-off mitigation requirements

Appendix T Food Service Equipment (under separate cover)

End of Table of Contents

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

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

Design and construct a 30,500 square foot dining facility for an Advanced Individual Training Complex (AIT). Dining facility shall be similar in function to a college/corporate cafeteria. Dining facility shall be designed for 1300 trainee soldiers per meal within 90 minutes, seven days a week, 365 days per year. Dining area seating capacity shall be 544 seats. Provide receiving, storage, preparation, serving, queuing, dining, dishwashing and all support equipment and facilities. Provide site design and improvements to include parking, receiving, circulation, utilities, landscaping and waste processing. Exterior shall be of a construction and appearance similar to other facilities in the AIT complex and surrounding area. Provide equipment and associated accessories typical for functional use of this type facility.

OFFEROR PLEASE NOTE: THIS PROJECT MAY BE DELAYED, CANCELLED OR REVISED AT ANY TIME DURING THE

SOLICITATION, EVALUATION OR AWARD PROCESS.

PROPOSAL DUE DATE IS 3 JULY 2008 AT 2:00 P.M.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

(If "YES," indicate within how may calendar days after award in Item 12B.)

A. Sealed offers in original and _________ copies to perform the work required are due at the place specified in Item 8 by __ __________ p.m.____ (hour) local time __________________________ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912PL-08-R-0013

2. TYPE OF SOLICITATION 3. DATE ISSUED

3 June 2008

PAGE OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

7. ISSUED BY

US Army Corps of Engineers Los Angeles District

CORPS OF ENGINEERS

P.O. BOX 2711

Los Angeles, CA 90017

8. ADDRESS OFFER TO

US Army Corps of Engineers Los Angeles District

CORPS OF ENGINEERS

P.O. BOX 2711

Los Angeles, CA 90017

CODE

9. FOR INFORMATION

CALL:

A. NAME

Sandra Oquita

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 213-452-3249

SOLICITATION

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

11. The Contractor shall begin performance within _____________ calendar days and complete it within _______________ calendar days after receiving

12B. CALENDAR DAYS

SEALED BID (IFB)

NEGOTIATED (RFP)

award, notice to proceed. This performance period is mandatory, negotiable. (See _____________________________ .)

YES NO

is, is not required.

10 540

1 2:00 3 July 2008

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

Prescribed by GSA USAPPC V1.00 FAR (48 CFR) 53.236-1 (d)

29. AWARD (Contractor is not required to sign this document.) Your offer28. NEGOTIATED AGREEMENT Contractor is required to sign this

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

document and return _____________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

OFFER (Must be fully completed by offeror) on this solicitation is hereby accepted as to the items listed. This award con-summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

TO SIGN (Type or print)

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

FACILITY CODE CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ___________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum require-ment stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

17.

AMOUNTS SEE PRICING SCHEDULE

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.

20B. SIGNATURE 20C. OFFER DATE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 Copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD

BY

10 U.S.C 2304(c) ( ) 41 U.S.C 253(c) ( )

STANDARD FORM 1442 BACK (REV. 4-85)

USAPPC V1.00

DATE

CONTINUATION OF STANDARD FORM 1442 PAGE 3

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that _____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1442 PAGE 4

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that ______________________, (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL

BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN INDIVIDUAL

DOING BUSINESS AS _____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

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 5) 1001AA1 Site Work (Notes 9) 1 Job LS $_____________ 1001AA2 Facilities (Notes 10) 1 Job LS $_____________ 1001AA3 Comprehensive Interior Design for Dining Facility (SID and And FF&E ) (note 7) 1 Job LS $___________

Subtotal Design Costs $___________

1001AB Non-Design Costs (note 5) 1001AB1 Site Work (Notes 9) 1 Job LS $_____________ 1001AB2 Facilities (Notes 10) 1 Job LS $_____________

Subtotal Non-Design Costs $___________

1001AC Construction of Dining Facility 1001AC1 Site Work (Note 9) 1 Job LS $_____________ 1001AC2 Facilities (Note 10) Building 1 Job LS $_____________ 1001AC3 O&M Manuals 1 Job LS $ 75,000.00 1001AC4 As-Built Drawings 1 Job LS $ 85,000.00

SUBTOTAL – CONSTRUCTION $___________

SUBTOTAL ITEM 1001 -

Dining Facility $___________

TOTAL BASE PROPOSAL $______________

OPTIONS

1002 Option 1 Provide Furnishings 1 Job LS $_ ___ _ (see note 6a, 12,13)

TOTAL OPTIONS $_____________

TOTAL BASE PROPOSAL & OPTIONS $____________________

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

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.

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.

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.

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

(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.

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 GENERAL DESCRIPTION OF WORK

1.2 CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONTRUCTION COSTS

1.3 GOVERNMENT SECURITY REQUIREMENTS

1.4 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.5 OFFEROR'S QUESTIONS AND COMMENTS

1.6 SMALL BUSINESS SIZE STANDARD/NAICS CODE

1.7 PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

1.8 PRE-PROPOSAL CONFERENCE

1.9 ACCURACY IN PROPOSALS

1.10 PROPOSAL SUBMITTALS

1.11 PROPOSAL FORMAT

1.12 JOINT VENTURE PROPOSAL REQUIREMENTS

1.13 SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF SMALL

BUSINESS CONCERNS

1.14 SOLICITATION PROVISIONS

1.0 GENERAL INFORMATION

1.1. GENERAL DESCRIPTION OF WORK

The scope of project includes all work required to [design and] construct a Construct AIT Dining Facility located at Fort Huachuca, AZ. The work shall be in accordance with Request for Proposal documents.

General Description of Work: This Project involves design and construction of an AIT complex Dining Facility and sitework within the project limits, and coordination of the work with other contractors on and adjacent to project site working on the AIT complex and other AIT complex facilities. .

1.2. CONTRACT COST CEILING LIMITATION FOR DESIGN AND CONSTRUCTION COSTS

The design and construction costs will be subject to the funds available for this project. The total contract award shall not exceed $11,000,00 for this contract. Offerors are notified that they are under no obligation to approach this ceiling. However the Government will not be able make an award, if the dollar amount set for this project is exceeded.

1.3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Los Angeles District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc. ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 915 Wilshire Blvd, LA, CA 90017 if it does not contain a return mailing address. There will be no exceptions.

1.4. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Technical Data Solutions (FedTeDS) website at:

http://www.fedteds.gov/fedteds/start.nsf/frm.vendorlogin?openform&SolicitationNumber=[CONTRACT_NUMBER] http://www.spl.usace.army.mil/

It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: http://www.fbo.gov/ via Quick Search (Solicitation No. W912PL-08-R-0013).

Additional information regarding this solicitation and potential offerors and/or subcontractors is available at http://www.spl.usace.army.mil/business%20resource/Contracting%20Office/homepage.asp.

1.5. OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

Contract Specialist – Primary POC

U.S. Army Corps of Engineers, Los Angeles District

ATTN: sandra.oquita Los Angeles contracting office

915 Wilshire Bldv., Suite 980 Los Angeles, CA 90017

Phone: 213 452-3249 Fax: 213 452-4184

Email: sandra.oquita@usace.army.mil

Contract Specialist – Support POC

U.S. Army Corps of Engineers, Los Angeles District

ATTN: Sandra F. Oliver-Hall

915 Wilshire Bldv., Suite 980 Los Angeles, CA 90017

Phone: 213 452-3243 Fax: 213 452-4184

Email: sandra.f.oliver-hall@usace.army.mil

Note: All questions and/or comments should reach the above referenced Contracting Office no later than Seven (7) calendar days after the pre-proposal conference, in order that they may be given consideration or actions taken prior to receipt of offers.

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.5.1.1.1 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 and click create user. Verify that information on next screen is correct and click continue.

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

1.5.1.1.3 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.

1.5.1.1.4 The Solicitation Number is : W912PL-08-R-0013

1.5.1.1.5 The Bidder Inquiry Key is: NS28JG-7A4JDZ

1.5.1.2 The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

1.5.1.3 Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

1.5.1.4 The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.5.1.5 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.6. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR 52.219-1 for the small business size standard/NAICS Code.

1.7. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal. However, a stipend may be authorized for unsuccessful Phase 2 offerors in accordance with Section 00 22 20.

1.8. PRE-PROPOSAL CONFERENCE

The Government intends to hold the pre-proposal conference at Ft Huachuca Project Office- located at 71922a Corner of carter and Lebo Streets Phone: To be determined, on [not supplied]. Specific details will be posted on the Los Angeles District’s contracting web site at http://www.spl.usace.army.mil/business%20resource/Contracting%20Office/homepage.asp and to the Army Single Face to Industry/FedBizOpps websites. The offeror must submit in writing, via fax or e-mail, the firm’s name, address, point of contact, telephone number, and number of personnel planning to attend to the following no later than five (5) working days prior to the conference:

U.S. Army Corps of Engineers, Los Angeles District

ATTN: Michael R. Brown

Ft. Huachuca Project Office

Phone: 520 538-0640 Fax: 520 538-8782

Email: Michael.R.Brown@usace.army.mil

All interested offerors are urged to attend. During this conference, the requirements set forth in the solicitation will be reviewed and discussed, with part of the conference to include a question and answer period.

1.9. ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.10. PROPOSAL SUBMITTALS

Due to heightened security at Government installations, those offerors who have their proposals hand-delivered shall contact sandra.oquita Los Angeles contracting office, Contract Specialist, at 213 452-3249 or Sandra F. Oliver-Hall, Contract Specialist, at 213 452-3243 or the Contracting Office Main Desk, at 213 452-3249, prior to delivering to the address shown below. On the date specified, and thirty minutes prior to the time specified on Standard Form SF 1442, Page 1, Item 9, a Contracting representative will be in the lobby to accept proposals. At the time specified on Standard Form SF 1442, Page 1, Item 9, it will be announced that receipt of proposals is closed. Official time will be established by the clock located in the area where the proposals are received. Recent terrorist threats have resulted in more time-consuming sign-in and escort procedures and may impact the timely delivery of offers. See FAR 52.215-1 for rules concerning late proposals.

As stated on Standard Form SF 1442: Proposals will be received until 1400 (2:00 pm) (GMT -8:00) Pacific Time on 2 Jun 2008 at:

U.S. Army Corps of Engineers, Los Angeles District

ATTN: sandra.oquita Los Angeles contracting office

915 Wilshire Bldv., Suite 980 Los Angeles, CA 90017

The Packaging that contains the Proposals shall be marked:

”Proposals for Solicitation Number: W912PL-08-R-0013, DO NOT OPEN”

1.11. PROPOSAL FORMAT

a Written materials: 8 ½” x 11” format, using 10 point or larger font size, in bound volumes, using 3-ring binders (except that Pro Forma material and price proposal shall be submitted in a closed manila envelope. Each bound volume will contain a Title Sheet on the cover for ready identification of the proposal and a full table of contents, separated by Tabs, as prescribed herein

(i) The prime, consortium, or joint venture’s name, address, a signature of the official that can bind the firm and a telephone number shall appear in the lower left corner of the title page of any document/volume to be evaluated.

(ii) Volume number, section and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

(a) Drawing sheets: Use 22” x 34” for full size drawings. Half-size sheets are also acceptable.

(b) Electronic Format: Provide two CDs in read-only format, preferably using .pdf files. All price breakdown information to aide in the price evaluation shall be submitted in Excel format.

(c) Number of copies: Submit one original and Five (5) copies of drawings and printed matter (Bound Volumes), as well as Two (2) CDs. For Pro Forma information required in Phase 2: Submit the original and one copy and one separate CD.

1.12. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond unless a written agreement by the joint venture is furnished with the proposal 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 shall be submitted with the proposal.

Failure to comply with the foregoing requirements may eliminate the proposal from further consideration. If this is an 8(a) or

HubZone joint venture, the offeror shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively

1.13. SUBCONTRACTING PLAN/ SUBCONTRACTING GOALS REGARDING THE UTILIZATION OF SMALL

BUSINESS CONCERNS

(a) Application. This clause applies to all offerors submitting proposals.

(b) Federal Acquisition Regulations (FAR). Attention is directed to the following FAR and DFARS provisions contained in this solicitation:

52.219-8, Utilization of Small Business Concerns (Alternate I)

52.219-9, Small Business Sub Contracting Plan (Alternate I) (applies only to Large Business)

52.219-16, Liquidated Damages – Small Business Subcontracting Plan (applies only to Large Business)

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

(c) Goals. The U.S. Army Corps of Engineers considers the following goals reasonable and achievable for the performance of the resultant contract:

(i) 70 % of subcontracted amount contract amount with small business concerns.

(ii) 6.2 % of subcontracted amount contract amount with those small business concerns owned and controlled by socially and economically disadvantaged individuals.

(iii) 7.0 % of subcontracted amount contract amount with those small business concerns owned and controlled by women.

(iv) 0.9 % of subcontracted amount contract amount with those small business concerns owned and controlled by Service- Disabled Veterans.

(v) 9.8 % of subcontracted amount contract amount with those small business concerns owned and controlled by HUBZones.

(vi) 0 % of subcontracted amount contract amount with those minority institutions and historically black colleges and universities

1.14. SOLICITIATION PROVISIONS

The clauses below are included for reference only. They are to be entered into the RFP through the SPS system. No other clauses other than those listed in the tables below should be included in the RFP unless approved by the PEO

The following contract provisions are required to be used:

PROVISION

TITLE

Inc by

Reference

NOTES

NA

Model RFP Provisions

No

Put all Model RFP Provisions in Section 00100. Edit and fill-in as necessary.

52.233-2

Service Of Protest

33.106(a) IF >SAT

52.236-28

Preparation Of Proposals--Construction

36.520 when contracting by negotiation

The following contract provisions are to be used if applicable for your project:

PROVISION

52.204-6

Data Universal Numbering System (Duns) Number

Yes

4.603 (a) USE IN ALL > $25K

52.209-5

Certification Regarding Debarment, Suspension, Proposed Debarment, And Other Responsibility

Matters

NO

9.409(a) > SAT

52.211-2

Availability Of Specifications Listed In The DOD

Index Of Specifications And Standards (DODISS) And

Descriptions Listed In The Acquisition Management

Systems And Data Requirements Control List, Did

5010.12-L

11.204 (b) IF CITING SPECS LISTED IN DoDISS OR

DoD5010.12-L THAT ARE NOT LISTED IN SOLICITATION

52.211-6

Brand Name Or Equal

11.107 When brand name or equal purchase descriptions in

solicitation

52.211-14

Notice Of Priority Rating For National Defense Use

11.604(a) PRIORITY RATED REQUIREMENTS

52.214-34

Submission Of Offers In The English Language

14.201-6(w) solicitations that include any of the clauses prescribed in 25.1101 or 25.1102.

52.214-35

Submission Of Offers In

U.S.

Currency

14.201-6(x) in solicitations that include any of the clauses prescribed in

25.1101 or

25.1102

52.215-1

Instructions To Offerors--Competitive Acquisition

15.209(a) - USE IN ALL COMPETITIVE WHERE

AWARDING WITHOUT DISCUSSIONS

52.215-3

Request For Information Or Solicitation For Planning

Purposes

15.209( c) ONLY WHEN ISSUING A SOLICITATION FOR

INFO OR PLANNING PURPOSES

52.215-5

Facsimile Proposals

15.209(e) TO AUTHORIZE FAXED PROPOSALS

52.216-1

Type Of Contract

16.105 > sat

52.216-27

Single Or Multiple Award

16.506(f) MULTIPLE AWARD CONTRACT

52.217-4

Evaluation Of Options Exercised At Time Of Contract

Award

17.208(b) IF INCLUDES OPTION CLAUSE

52.217-5

Evaluation Of Options

17.208(c ) IF CONTAINS OPTIONS THAT WILL NOT BE

EXERCISED AT TIME OF AWARD

52.222-5

Davis-Bacon Act -- Secondary Site Of The Work

22.407(h) > $2000

52.225-10

Notice Of Buy American Act/Balance Of Payment

Program Requirement - Construction Materials

25.1102 (b)1 - use with 52.225-9

52.225-10 ALT I

Alternate I

25.1102 (b)2 use if insufficient time to process a determination of inapplicability

52.225-12

Notice Of Buy American Act/Balance Of Payment

Program Requirement - Construction Materials

25.1102(d)(1) if contains 52.225-11

52.225-12 ALT I

Alternate I

25.1102(d)(2) if insufficient time to process a determination of applicability

52.225-12 ALT II

Alternate II

25.1102(d)(3) if between $6,725,000-$7,611,532

52.232-13

Notice Of Progress Payments

32.502-3(a) if using progress payments

52.232-28

Invitation To Propose Performance Based Payments

32.1005(b)(1) If inviting offerors to propose performance based payments

52.236-27

Site Visit (Construction)

36.523 if need a site visit

52.236-27 ALT I Site Visit (Construction) Alt I No 36.523 if conducting an organized site visit

52.252-1

Solicitation Provisions Incorporated By Reference

52.107(a) ALL

252.205-7000

Provision Of Information To Cooperative Agreement

Holders

205.470 in solicitations and contracts exceeding $1,000,000

252.232-7010

Levies On Contract Payments

DFARS 232.7102 in all solicitations & contracts other than micro-purchases

252.225-7031

Secondary Arab Boycott Of

Israel

Dfars 225.770-5 all

252.236-7007

Additive Or Deductive Items

236.570 (5) 252.236-7007, Additive or Deductive Items, if the procedures in 236.213-70 are being used.

252.236-7008

Contract Prices - Bidding Schedules

236.507(b)(6) If contract will contain only unit prices for some items

The following contract provisions are optional:

CLAUSE

52.215-20

Requirements For Cost Or Pricing Data Or Information

Other Than Cost Or Pricing Data

15.408(l) USE WHERE COST OR PRICING DATA OR INFO

OTHER THAN COPD WILL BE REQ'D

52.215-20 ALT I

Other Than Cost Or Pricing Data (Oct 1997) Alternate

15.408(l) USE WITH 15.215-20 WHERE FORMAT OTHER

THAN TABLE 15-2 IS REQUIRED

I

52.215-20 ALT II

Ii

15.408(l) USE WITH 15.215-20 WHERE PROPOSALS

COPIES ARE TO BE SENT TO THE ACO AND CONTRACT

AUDITOR

52.215-20 ALT III

Iii

15.408(l) USE WITH 15.215-20 WHERE ELECTRONIC

SUBMISSION IS REQUIRED

52.215-20 ALT IV

IV

15.408(l) USE WHERE INFO OTHER THAN COST OR

PRICING DATA IS REQ'D

CLAUSES INCORPORATED BY FULL TEXT

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

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

Central Contractor Registration (CCR) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record ``Active''. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip…