W912PL-11-R-0009.pdf

RFP No. W912PL-11-R-0009

U.S. ARMY CORPS

OF ENGINEERS

LOS ANGELES DISTRICT

VOLUME 1 OF 2

DESIGN / BUILD

HC-130J PARTS STORE

Davis-Monthan Air Force Base

Pima County, Tucson, Arizona

Project Number: FBNV103005

PROPOSAL REQUIREMENTS, CONDITIONS OF THE

CONTRACT, AND SPECIFICATIONS

MAY 2011

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-11-R-0009

X

5 May 2011 1 OF 2

W912PL

Contracting Division P.O. Box 532711 Los Angeles, CA 90053-2325

See Item 7

Diane Watkins 213/452-3251

HC-130J PARTS STORE FACILITY, DAVIS-MONTHAN AFB, ARIZONA.

Design/construct new HC-130J Parts Store Facility with structural metal and split face block exterior, reinforced concrete foundation and floor slab, structural steel frame, and standing seam metal roof. Also construct screen walls, concrete facility aprons and aircraft tow ways, walkways, communications support, pavement demolition and all other necessary supporting facilities for a complete and usable facility. Supporting facilities include all utilities services, site lighting, fire protection and alarm systems, lightning protection, storm drainage, parking, information systems, and site improvements. Provide 5-ton bridge crane integral to the structure and an estimated 60 ton air conditioning system. Access for persons with disabilities will be provided in public areas. Sustainable Design and Development (SDD) and Energy Policy Act of 2005 (EPAct05) features will be provided. This project will comply with all applicable standards/codes, including the DOD Anti-Terrorism/Force Protection requirements per UFC 4-010-01. It is required this project be LEED Silver Certifiable under USGBC LEED-NC Rating System, with optional bid items to obtain LEED Silver or Gold Certification. Sustainable principles, to include Life Cycle cost-effective practices, will be integrated into the design, development and construction of the project.

The estimated cost of this acquisition is between $5,000,000.00 and 10,000,000.00.

The procurement may be delayed, cancelled, or revised at any time during solicitation, evaluation and/or final award process

10 Sec 00800

X X Sec 00800

X 10

3 2:00 PM

7 June 2011

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 ( ) -

i

TABLE OF CONTENTS

DIVISION 0 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 PRICING SCHEDULE

00100 BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

00110 SUBMISSION REQUIREMENTS AND INSTRUCTIONS

00120 PROPOSAL EVALUATION AND CONTRACT AWARD

00600 REPRESENTATIONS AND CERTIFICATIONS

00650 WAGE RATES

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

DIVISION 1 - GENERAL REQUIREMENTS

01 00 00 GENERAL REQUIREMENTS

01 01 00 DESIGN REQUIREMENTS

01 01 20 DESIGN AFTER AWARD

01 02 00 BRAND NAME OR EQUAL

01 04 00 MECHANICAL ROOM LAYOUT AND COORDINATION

01 08 00 PERMITS

01 20 00 INTERFACE WITH OTHER WORK

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 29 LEED™ REQUIREMENTS

01 34 10 COLOR/FINISH SAMPLE BOARDS

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 01 QUALITY CONTROL

01 45 02 QUALITY CONTROL SYSTEM (QCS)

ii

01 51 00 UTILITIES

01 53 00 TEMPORARY FENCING

01 54 00 SECURITY

01 57 00 TRAFFIC CONTROL

01 57 20 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 58 00 PROJECT IDENTIFICATION

01 58 50 STAGING AREAS

01 61 00 AGGREGATE FOR PORTLAND CEMENT CONCRETE

01 62 35 RECYCLED / RECOVERED MATERIALS

01 72 00 AS-BUILT DRAWINGS

01 72 80 TRANSFER AND ACCEPTANCE OF MILITARY REAL PROPERTY

01 73 00 OPERATION AND MAINTENANCE INSTRUCTIONS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 23 OPERATION AND MAINTENANCE DATA

01 82 00 COMMISSIONING REQUIREMENTS

INDEX

FOR

DESIGN/BUILD

HC-130J PARTS STORE

DAVIS-MONTHAN AIR FORCE BASE,

PIMA COUNTY, TUSCON, ARIZONA

PROPOSAL REQUIREMENTS,

CONDITIONS OF THE CONTRACT

AND SPECIFICATIONS VOLUME 1 OF 2

APPENDIX VOLUME 2 OF 2

W912PL-11-R-0009

SECTION 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 Unit No. Description Quantity Unit Price Amount

BASE BID

0001 Total Cost of Design for

HC-130J Parts Store Including All Site Work, Complete

LS

0002 Total Cost of Construction for HC-130J Parts Store Within Building 5’-0” Line, Complete

0003 Total Cost of Construction for Site Work Outside the Building 5'-0" Line Including Site Demolition, Grading, Dumpster Enclosures, Landscaping and Irrigation, Mechanical Yard, Sidewalks, Pavement, Striping, Fencing and Gates, Curb and Gutter, Utilities, Lighting, and Signage, and All Other Work Not Separately Listed, Complete

TOTAL AMOUNT – BASE BID $

LS = Lump Sum

SECTION 00010 - 2

SECTION 00010 - PRICING SCHEDULE - continued

Item Unit No. Description Quantity Unit Price Amount

BID OPTION NO. 1

0004 80KW Additional PV Ground

Mounted in Age Storage Area, Complete

TOTAL AMOUNT – BID OPTION NO. 1 $

BID OPTION NO. 2

0005 100KW Additional PV Ground

Mounted in Age Storage Area, Complete

TOTAL AMOUNT – BID OPTION NO. 2 $

BID OPTION NO. 3

0006 Total Cost of Design for

LEED Gold, Complete

0007 Total Cost of LEED Gold

Certification Including Increased Construction Cost and Certification Fees, Complete

TOTAL AMOUNT – BID OPTION NO. 3 $

SECTION 00010 - 3

SECTION 00010 - PRICING SCHEDULE - continued

RECAPITULATION

1. TOTAL AMOUNT - BASE BID $

2. TOTAL AMOUNT – BID OPTION NO. 1 $

3. TOTAL AMOUNT – BID OPTION NO. 2 $

4. TOTAL AMOUNT – BID OPTION NO. 3 $

5. TOTAL AMOUNT - BASE BID AND BID OPTIONS NO. 1, 2, and 3 $

SECTION 00010 - 4

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. The Government will make one (1) award to the offeror with the lowest price technically acceptable in accordance with FAR Section 15.101-2, entitled, Lowest Priced Technically Acceptable Source Selection.

2. * EVALUATION OF OFFERS: OFFERORS MUST SUBMIT A PROPOSAL BASED ON A 540 CALENDAR DAY SCHEDULE. THE GOVERNMENT WILL MAKE ONE (1) AWARD TO THE OFFEROR WHO OFFERS THE BEST VALUE TO THE GOVERNMENT USING THE LOWEST PRICED TECHNICALLY ACCEPTABLE SOURCE

SELECTION PROCESS IN ACCORDANCE WITH FAR SECTION 15.101-2.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

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

SECTION 00010 - 5

9. 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.

10. 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.

11. 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.

12. 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.

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

14. 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.

15. 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.

16. 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 540 calendar days after award. 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. The Government reserves the right to exercise the option(s) by written notice to the Contractor either singularly or in any combination for up to 120 calendar days after award of the Base Bid without an increase in the Offeror's bid price. Completion of added options shall continue at the same schedule as the Base Bid unless otherwise noted in Section 00800 - SPECIAL CONTRACT REQUIREMENTS, Paragraph 1, COMMENCEMENT, PROSECUTION AND COMPLETION OF

WORK.

17. Refer to Section 00800, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

18. 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.

SECTION 00010 - 6

19. 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) and “Tax ID Number” in Block No 15 on Standard Form 1442, Name and Address Block (Cage Code under Cage and DUNS No. under Duns respectively).

20. 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.

21. 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.

22. 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.

23. 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”.

24. PROGRESS PAYMENT REQUESTS made by the Contractor pursuant to the provisions of Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, shall be submitted on ENG FORM 93 to the administration office as designated in Block 26, Standard Form 1442 Back, Solicitation, Offer and Award. ENG FORM 93 shall be submitted to that office on the 1st of each month in appropriate form and certified. Photocopies of the form shall be furnished on that same date to the Corps of Engineers offices designated at the Pre-Construction Conference.

SECTION 00010 - 7

25. ACCRUALS. In accordance with USACE Engineer Financial Regulation (ER) 37-1- 30, and other applicable Federal and DOD financial accounting standards, the Contractor must assist government personnel with providing reasonably accurate estimates of the value of goods and/or services rendered to the Government pursuant to this contract for each calendar month during which goods and services are delivered. Standard forms and instructions will be provided by the Government to assist with meeting this requirement. These monthly estimates, which facilitate timely entry of accruals, must be received by the Government on or before four (4) business days prior to each calendar month-end.

26. The Congress, in authorizing and funding this contract, has established certain cost limitations for the project. The current authorization for the complete design and construction of FY2011 Project Number FBNV103005 is $7,300,000 including Base Bid and all Optional Items. Proposals that exceed these funding limits may be rejected. Submission of desirable additional features exceeding minimum requirements may be considered as long as award can be made within the established funds.

27. At the time of this statement, the FY2011 Military Construction Act has not yet been signed into law by the President of the United States. This MILCON project is included or provided for in the financial plan for fiscal year 2011. Funds for this prospective Air Force military construction project are not yet available.

This project is considered a high priority project in that there is a high probability that the requirement will not be cancelled.

SECTION 00010 - 8

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title

(Company Name) (Signature) (Title)

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE

COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

CONTINUATION OF STANDARD FORM 1442 PAGE __

BLOCK 20D:

SECTION 00010 - 9

(6) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY, LIST FULL

NAME OF ALL MANAGERS BELOW. SIGNATURES BY ALL MANAGERS HERE

SIGNIFY THAT THAT THE INDIVIDUAL WHO SIGNED THE OFFER IN BLOCK 20B

HAS THE AUTHORITY TO BIND THE LIMITED LIABILITY COMPANY.

Name Signature

00100-1

SECTION 00100 – BIDDING SCHEDULE / INSTRUCTIONS TO OFFERORS

52.0000-4010 INQUIRIES

52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF

ENGINEERS' UNCLASSIFIED CONTRACTS (APR 2004)

52.209-4502 INSTRUCTIONS FOR PREPARING PRE-AWARD SURVEY

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)

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA

INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL

ITEM DESCRIPTIONS (JUN 1988)

52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT

LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND

COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

(JAN 2004)

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

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997)

52.215-4009 SUBMISSION OF PROPOSALS (APR 2002)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.222-5 DAVIS-BACON ACT--SECONDARY SITE OF THE WORK (JUL 2005) .. 14

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009) 14

52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--

CONSTRUCTION MATERIALS (FEB 2009)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

52.228-4507 BID GUARANTEE FORM AND AMOUNT

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA

ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISITION STREAMLINING

AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS,

DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006)

00100-2

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS,

STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER

PERTINENT DOCUMENTS (DEC. 1991)

00100-3

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4010 INQUIRIES

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

A. To submit and review bid inquiry items, offerors will need to be a current registered user or self register in 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-11-R-0009

THE BIDDER INQUIRY KEY IS: 7VJR71-TR4X5B

BIDDER INQUIRY KEY

2. The Bidder Inquiry System will be unavailable for new inquiries 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 8:00 a.m. to 5:00 p.m. U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 1-800-428-HELP (4357).

5. Oral explanations or instructions are not binding.

52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF

ENGINEERS' UNCLASSIFIED CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation.

The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: CESPL-P.O Box 532711, Los Angeles, California 90053 Security Officer within three (3) working days after award of any contract or task order, and shall be http://www.projnet.org/projnet�

00100-4 submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORTS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer required a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement anyone qualified in the Los Angeles District Field Offices, or by making an appointment with the District Security Officer, Sergeant Major Jeffrey Koontz,

(213) 452-3969. The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Los Angeles Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

(End of Clause)

52.209-4502 INSTRUCTIONS FOR PREPARING PRE-AWARD SURVEY

In accordance with Section FAR 9, Determination of responsibility of the offeror by the Contracting Officer, pleas provide the following information in order to perform a pre-award survey on your firm:

1. List of projects completed for the past three years, including dollar value of each correct.

00100-5

2. List of projects in progress, percentage of work completed, including dollar value of each contract.

3. The name and qualifications of the employee designated to act as the Project Superintendent/Manager for this contract.

4. Copy of latest financial statement.

5. General description of your firm

Please include this information in a separate envelope marked Pre-Award Survey with the Cost and Technical 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.

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)

00100-6

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM

DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

See Provision in this section entitled, “INQUIRIES”.

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

52.211-4 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS NOT LISTED

IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND

COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

See provision of this section entitled, “INQUIRIES”.

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

52.0214-4583 TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE

00100-7

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

00100-8 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.

00100-9

(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

00100-10 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.

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

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

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

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA (OCT 1997)

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

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

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

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial

00100-11 market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

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

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

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

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

(b)…