W912PL-09-R-0040.pdf

RFP No. W912PL-09-R-0040

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

REQUEST FOR PROPOSAL (RFP)

RECOVERY RKMF 093002 CHILD DEVELOPMENT

CENTER (CDC) AT NELLIS AFB

CLARK COUNTY, NEVADA

DESIGN-BUILD SOLICITATION AND SPECIFICATION

COMPETITIVE UNRESTRICTED RFP – BEST VALUE LOWEST PRICED

TECHNICALLY ACCEPTABLE (LPTA) WITH HUBZONE PRICE

EVALUATION PREFERENCE

JUNE 2009

RECOVERY – CHILD DEVELOPMENT CENTER (CDC) W912PL-09-R-0040

NELLIS AFB, NEVADA

TOC - 1

PROJECT TABLE OF CONTENTS

DIVISION 00 – BIDDING REQUIREMENTS, CONTRACT FORMS AND

CONTRACT CONDITIONS

SF1442 SOLICITATION, OFFER AND AWARD (SF 1442)

00010 PRICING SCHEDULE

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00110 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

00120 PROPOSAL EVALUATION AND CONTRACT AWARD

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00850 WAGE DETERMINATION

00900 PROJECT SIGNS

00901 HARD HAT

00 10 15 LIST OF DRAWINGS

DIVISION 01 - GENERAL REQUIREMENTS

01 10 10 DESIGN REQUIREMENTS FOR A CDC

A – SITE SPECIFIC DESIGN REQUIREMENTS

B – DRAWINGS

C – GEOTECHNICAL INFORMATION

D – WEATHER DATA

E – UTILITY COST INFORMATION

F – LEED STRATEGY TABLES

G – PROPOSED MAIN ENTRY ELEVATION

H – SITE PHOTOS

01 10 12 DESIGN AFTER AWARD

01 11 00 SUMMARY OF WORK

01 31 19 PROJECT MEETINGS

01 32 01 00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 01 MECHANICAL ROOM LAYOUT AND COORDINATION

01 33 29 LEED(TM) DOCUMENTATION

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01 USACE QUALITY CONTROL

01 45 01 10 USACE QUALITY CONTROL SYSTEM (QCS)

01 45 35 SPECIAL INSPECTION FOR SEISMIC-RESISTING SYSTEMS

01 50 02 00 10 TEMPORARY CONSTRUCTION FACILITIES

01 57 20 00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

TOC - 2

01 58 00 PROJECT IDENTIFICATION

01 62 35 RECYCLED / RECOVERED MATERIALS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE

MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

-- END OF TOC --

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION CALL

A. NAME B. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date):

11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

12B. CALENDAR DAYS

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (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 is, is not required.

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.

NSN 7540-01-155-3212

Designed using Perform Pro, WHS/DIOR, Oct 96

1442-103 STANDARD FORM 1442 (REV. 4-85) (EG)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

W912PL-09-R-0040

X

25 Jun 2009 1 OF 2

DACA63

U. S. Army Corps of Engineers Los Angeles District CESPL-CT-E, East Region Branch P. O. Box 532711 Los Angeles, CA 90053-2325

SEE BLOCK 7

Ms Sandy Oquita (213) 452-3249

Child Development Center (CDC) at Nellis Air Force Base, Nevada

Design and Construct a 26000 SF Child Development Center (CDC) at Nellis AFB. Facility will constructed using the USAF standard design for large CDC's. Construction includes reinforced concrete foundation and floor slab, structural steel frames, split face masonry unit walls, concrete tile roof, fire detection/protection system, utilities, communication support, pavements landscaping, playgrounds and all other necessary support. This project will comply with DOD antiterrorism/force protection requirements per ufc.

Estimated Cost Range is $10 Million to $25 Million

This procurement is being solicited as an Unrestricted Procurement.

Small Business Goals are 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%

THIS PROCUREMENT MAY BE DELAYED, CANCELLED OR REVISED AT ANY TIME DURING THE SOLICITATION, EVALUATION AND/OR FINAL AWARD PROCESS.

10 540

X X See Section 00800 x 10

Sec 010 2:00 PM

28 July 2009

X

OFFER (Must be fully completed by offeror)

STANDARD FORM 1442 BACK (REV. 4-85)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. 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 or greater than the minimum requirement stated in 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT 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) 20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

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

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

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BYCODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to the 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.

29. AWARD. (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

30B. SIGNATURE 30C. DATE

31A. NAME OF CONTRACTING OFFICER (Type or print)

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

BY

DUNS NO.: TAX ID NO.:

CAGE CODE NO.:

( ) - ; FAX ( ) -

SEE PRICING SCHEDULE, SECTION 00010

RECOVERY – CHILD DEVELOPMENT CENTER (CDC) W912PL-09-R-0040

00010-1

SECTION 00010 - PRICING SCHEDULE

THE CONTRACTOR SHALL COMPLETE THE ENTIRE WORK READY FOR USE NOT LATER THAN 540

CALENDAR DAYS AFTER THE CONTRACTOR RECEIVES THE NOTICE TO PROCEED.

CONTRACTOR 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 TO

INCLUDE ALL ATTACHMENTS THERETO.

Item No.

Description

Estimated Quantity

Unit

Unit Price

Amount

Design and Construct MILCON 26,000 SF Child Development Center (CDC), Nellis

AFB, Complete.

1 L.S. **** $ _________________

OPTION 1 – Construct landscape plantings and irrigation system in non-outdoor play environment areas and install granite rock ground cover.

OPTION 2 – Construct 15 additional parent parking spaces along west side, drive, and sidewalks. See Drawing C – 102. Design shall be included in base bid.

OPTION 3 – Construct north side outdoor play environments with shade structures and landscaping. Design shall be included in Base Bid.

OPTION 4 – Construct south side outdoor play environments, shade structures, and landscaping. Design shall not be included in Base Bid

OPTION 5 – Construct paved outdoor courtyard with walls, fencing, and shade structure. See drawing A-101. Design shall not be included in Base Bid

OPTION 5 – Construct paved outdoor courtyard with walls, fencing, and shade structure. See drawing A-101. Design shall not be included in Base Bid

OPTION 6 – Design and construct main water line loop to Youth Center. See Drawing C-105.

RECOVERY – CHILD DEVELOPMENT CENTER (CDC) W912PL-09-R-0040

00010-2

OPTION 7 – Achieve LEED Silver certification from USGBC

TOTAL AMOUNT OF BASE BID (LINE ITEM 0001) $_________________

TOTAL AMOUNT OPTIONS (LINE ITEM NO’S. 0002 THRU 0009): $ _________________

TOTAL AMOUNT BASE BID AND OPTIONS $ _________________

RECOVERY – CHILD DEVELOPMENT CENTER (CDC) W912PL-09-R-0040

00010-3

Offeror Notes:

1. EVALUATION: The Government intends to issue a contract resulting from this Request for Proposal (RFP) to the responsible offeror whose proposal represents the Best Value to the Government by being the Lowest Priced Technically Acceptable (LPTA) proposal as described in Sections 00110 and 00120. This process permits the Government to award the contract to an offeror determined to be technically acceptable with the lowest evaluated price.

* EVALUATION OF OFFERS: OFFERORS MUST SUBMIT A PROPOSAL BASED ON A 540 CALENDAR

DAY SCHEDULE. HE GOVERNMENT WILL MAKE ONE (1) AWARD TO THE OFFEROR WITH THE

LOWEST PRICED TECHNICALLY ACCEPTABLE PROPOSAL IN ACCORDANCE WITH FAR SECTION

15.101-2, ENTITLED, “LOWEST PRICED TECHNICALLY ACCEPTABLE SOURCE SELECTION”.

2. Award of all Base Bid and Options Items will be made to one offeror. Prices must be submitted on all individual items of the Price Schedules. Offeror must propose on all items. Failure to do so may cause the proposal to be determined unacceptable.

3. Performance Period: The Offeror shall complete and propose on all Base Bid and Options items in the Price Schedule to correspond with the completion time in calendar days after receipt of Notice To Proceed (NTP) as specified in Section 00800, Special Contract Requirements, Clause 52.211-10, Commencement, Prosecution and Completion of Work.

4. 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 offered amount.

5. If a modification to a price is submitted which provides for a lump sum adjustment to the total amount, the application of the lump sum adjustment to each item in the Price Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the Price Schedule.

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

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

7. The Lump Sum (LS) line items are not “estimated quantity” line items and therefore are not subject to the Variation in Quantity contract clause.

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

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.

9. 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.

10. 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.

11. 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 Division within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.

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

RECOVERY – CHILD DEVELOPMENT CENTER (CDC) W912PL-09-R-0040

00010-4

13. Offeror is cautioned to check 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 FURTHER.

14. The Offeror 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.

15. The successful offeror grants the options listed in the Price Schedule to the Government and agrees that the options may be exercised any time up to 120 calendar days after NOTICE TO AWARD. No additional time for contract completion will be allowed when an option item is exercised. The given contract completion time was formulated to include time necessary to perform all option work. The time stated for completion shall include final clean-up of the premises. Refer to Section 00800, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

16. 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 basic requirement. Please see FAR Clause 52.217-5, Entitled, “Evaluation of Options (Jul 1990), Section 00100.

17. Contractor is required to fill in CAGE CODE (Reference Section 00600, entitled “Required Central Contractor Registration” Mar 1988) and DUNS NUMBER (Reference Section 00600, entitled “Data Universal Numbering Systems (DUNS) Number” Jun 1999) in Block No 15 on Standard Form 1442, Name and Address Block (Cage Code under Cage and DUNS No. under Duns respectively).

18. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.

19. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer.

20. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

21. PLEASE NOTE: PROSPECTIVE OFFERORS SHOULD SUBMIT CONTRACTING AND TECHNICAL

INQUIRIES AND QUESTIONS RELATING TO PROPOSAL PROCEDURES ARE TO BE SUBMITTED VIA

BIDDER INQUIRY IN PROJNET AT WWW.PROJNET.ORG.PROJNET REFER TO SECTION 00100, CLAUSE

NO. 52.0000-4010, ENTITLED, “INQUIRIES”.

00100-1

SECTION 00100 – BIDDING SCHEDULE / INSTRUCTIONS TO OFFERORS

52.0000-4010 INQUIRIES

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE

GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

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

52.0215-5001 DIRECTIONS FOR SUBMITTING OFFERS (MAR 2002)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.228-4507 BID GUARANTEE FORM AND AMOUNT

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (MAY 1999)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)... 12

00100-2

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4010 INQUIRIES

1. Prospective Offerors should submit contracting and technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user.

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

***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

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

C. Offerors 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.

D. The Solicitation Number is: W912PL-09-R-0040 The Bidder Inquiry Key is: 04LG7F-1Q9JGU

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

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.

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.

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.

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART

101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile

(202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

00100-3

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (JAN 2006)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (http://assist.daps.dla.mil);

(2) Quick Search (http://assist.daps.dla.mil/quicksearch);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED IN THE

GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

(Activity) ____________________________________ (Complete address) _____________________________ (Telephone number) _____________________________ (Person to be contacted) _______________________

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

00100-4

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

Any telegram to modify or withdraw a bid/offer sent to this office must be physically delivered to the office designated for receipt of bid/offer by the date and time set for bid opening/receipt of proposals. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

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

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

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

00100-5 the issuing office.

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

00100-6

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority

00100-7 in evaluating performance or schedule risk.

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

(End of provision)

52.0215-5001 DIRECTIONS FOR SUBMITTING OFFERS (MAR 2002)

Envelopes/packages containing offers must be sealed, marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Solicitation No. W912PL-09-R-0040 Closing Date: Refer to SF 1442, “Solicitation, Offer & Award” Block No. 13A

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U. S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Sandy Oquita P. O. Box 532711 Los Angeles, CA 90053-2325

00100-8

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED OFFERS:

( b) Hand carried proposals may be deposited prior to the time and date set for receipt of proposals as follows:

US Army Engineer District, Los Angeles Security Office 915 Wilshire Blvd, Suite 1101 Los Angeles, California 90017

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED OFFERS:

Due to security precautions, all Corps of Engineers visitors/couriers are now required to check in at the Security Office, Suite 1101, Wilshire Blvd, Los Angeles, CA. Offerors are no longer permitted to hand-carry their offers directly to Contacting Division without an authorized escort. Offers may NOT be left unattended at the Security Office, Suite 1101.

Offerors who desire to hand-deliver their offers prior to the scheduled time/date set for receipt of offerors must notify the Contracting Division to arrange for receipt of their offer by Contracting Division personnel.

Normally the contact will be the Contract Specialist designated above. In the event the Contract Specialist cannot be reached, please call the main Contracting Division telephone number, 213-452-3231 or the following alternative telephone numbers -3233, -3245, -3234, or -3235, in order to request assistance.

30 minutes prior to the scheduled receipt of offer time/date, the Contract Specialist will be in the Security Office, Suite 1101, to accept offers. After visitor in-processing, any offeror will subsequently be escorted to the Contracting Division, if necessary.

In order to expedite visitor processing, offerors are encouraged to complete the information requested on the Notice of Visitor(s) Form (attached). The completed form can be faxed to the Contract Specialist at (213)452-4184 or 4187, prior to the date for receipt of offers. In addition, no more than 2 visitors per firm will be permitted within the building. No exceptions will be made. The offeror is responsible for compliance with the security requirements and shall ensure that any company representative, courier or delivery personnel are aware of these special procedures pertaining to hand carried offers.

00100-9

NOTICE OF VISITOR(S)

1. Date(s) of Visit (Inclusive)

2. Arrival Time

3. Name of Visitor(s) (Last, First)

4. Agency/Company of Visitor

5. Name of Person Being Visited (Include Div, Br, Sec)

Ms. Sandy Oquita

6. Suite Number

14th Floor

7. Telephone Number

213.452.3249

8. Contact Person (if other than Person Being Visited)

9. Telephone Number

10. Other Comments or Instructions

- All visitors must report to the Security Office, Suite 1101

- Visitors must use the Visitor Tag provided.

- Visitors must be escorted to Corps of Engineers floors

- Parking validation is only available for Engineering Division, Construction-Operations, and Information Management field personnel.

- Delivery personnel will be validated for 30 minutes only.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

00100-10

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from John A. Eugino, 915 Wilshire Blvd. Los Angeles, CA 90017

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

(End of provision)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.228-4507 BID GUARANTEE FORM AND AMOUNT

When bids/proposals exceed $100,000, the offeror shall furnish a separated bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be a least 20 percent of the "bid price" but shall not exceed $3 million.

When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Schedule B), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH

OFFER (MAY 1999)

00100-11

The offeror shall provide, with its offer, the following information that is required to make payment by electronic funds transfer (EFT) under any contract that results from this solicitation. This submission satisfies the requirement to provide EFT information under paragraphs (b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration.

(1) The solicitation number (or other procurement identification number).

(2) The offeror's name and remittance address, as stated in the offer.

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the offeror's official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the offeror's financial agent.

(5) The offeror's account number and the type of account (checking, savings, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the offeror's financial agent.

(7) If applicable, the offeror shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the offeror's financial agent is not directly on-line to the Fedwire and, therefore, not the receiver of the wire transfer payment.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Daniel Carrasco, USACE,-L.A. District, P.O. Box 532711, CESPL-CT-E, Attn: Contracting, Los Angeles, Ca 90053-2325.

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

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

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

(b) An organized site visit has been scheduled for 8 July 2009 at 10:00 A.M.

(c) Offerors or quoters desiring to attend the site visit shall provide the following information: each individual’s full name (last name, first name, middle initial) and company name, or organization.

Facsimile Number: (702) 644-4057 Attn: Site Visit Coordinator – CDC, Nellis AFB, NV U.S. Army Corps of Engineers Las Vegas Resident Office 4551 Devlin Drive, Bldg. 867 Nellis AFB, NV 89191

00100-12

(d) The information listed in paragraph (c) above must be received at least five (5) duty days (Monday – Friday) prior to the site visit for the individual to be added to the guest list. Individuals not on the visitor list will not be granted access to Nellis Air Force Base.

(e) Each individual shall report to the Nellis AFB Base Main Gate, Nevada to obtain a visitor pass for the purpose of attending the site visit prior to attempting to gain access to Nellis Air Force Base.

NOTE: TO GAIN ACCESS TO Creech AFB, PLEASE PROVIDE THE FOLLOWING INFORMATION

AT THE MAIN GATE TO OBTAIN A VEHICLE PASS:

1. DRIVERS LICENSE NUMBERS OF EACH INDIVIDUAL ATTENDING SITE VISIT

2. VEHICLE REGISTRATION

3. PROOF OF VEHICLE INSURANCE

(f) The site visit will begin at the U.S. Army Corps of Engineers, Nellis AFB Project Office. Visitors will be escorted to the project office after receiving a base pass.

(End of provision)

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

(End of provision)

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

00100-13

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

SECTION 00110

SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. GENERAL SUBMISSION REQUIREMENT

2. GENERAL INSTRUCTIONS

3. SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL

4. SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL

5. PROPOSAL COVER SHEET

RECOVERY – CHILD DEVELOPMENT CENTER (CDC)

W912PL-09-R-0040

00110 - 1

SECTION 00110

SUBMISSION REQUIREMENTS AND INSTRUCTIONS

1. GENERAL SUBMISSION REQUIREMENT

1.1 In order to evaluate all offers effectively and equitably, the Contracting Officer must receive sufficiently detailed information that clearly responds to the technical evaluation factors listed in Section 00110.

1.2 Offerors shall submit their proposal packages in

accordance with the instructions outlined in Section 00100, 52.0215- 5000-Directions for Submitting Offers. Offers must include Representation and Certifications required by the Solicitation.

1.3 Each Offeror must submit their responses to the technical evaluation factors in a Technical Proposal (Original Plus 3 copies) and Price Proposal (Original only). The Technical Proposal and Price Proposal must be submitted as separate distinct volumes. Both the Technical Proposal and a Price Proposal must be received by the closing date and time set for receipt of proposals. No dollar amounts from the Price Proposal are to be included in the Technical Proposal.

1.4 All information intended by the Offeror to be evaluated

must be submitted as part of the Technical Proposal. Do not include any price information in the Technical Proposal.

2. GENERAL INSTRUCTIONS:

2.1 All written portions: Use only 8 ½ by 11 inch paper; do

not use 11” X 14” or 11” X 17” size sheets unless specifically authorized. Do not use a font size smaller than 10, an unusual font style such as script, or condensed print.

2.2 Three-ring binders are preferred. Do not use spring

clamps or exceed the recommended capacity of the fastener or binder.

Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages.

2.3 “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can nonetheless be provided to the Government as part of the Offeror’s Technical Proposal.