Am2_W912PL-15-R-0008.pdf

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

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

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPIRATION DATA (If required)

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

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

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

NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0002 Feb 12, 2015

W912PL

CONTRACTING DIVISION

915 Wilshire Blvd

LOS ANGELES, CA 90053-2325

SEE ITEM 6

W912PL-15-R-0008

Jan 22, 2015

Design-Build F-22 Flight Simulator Facility-Building 1780, Nellis AFB, NV.

1. Replace Section 00 10 00 - Bid Schedule and Certificate of Offeror's Principal.

2. Replace Section 00 21 16 - Instructions to Proposers.

3. Replace Section 00 22 16 - Supplementary Instructions to Proposers.

4. Replace Section 00 73 46 - Wage Rates.

Sandra Oquita

CONTRACTING OFFICER

INSTRUCTIONS

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date) .

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data) .

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification) .

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

Total contract price increased by $

Total contract price decreased by $

Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

A reference to the letter determination; and

A statement of the net amount determined to be due in settlement of the contract.

(g)

(h)

(i)

(ii)

(1)

(2)

(3)

(4)

(5)

(6)

(i)

(ii)

(iii)

STANDARD FORM 30 (REV. 10-83) BACK

(1) Accounting classification Net increase $

FY-15 F-22 Flight Simulator Building, Nellis AFB W912PL-15-R-0008 Las Vegas, NV

TABLE OF CONTENTS - 1

Amendment 2

TABLE OF CONTENTS

SF-1442 Solicitation, Offer and Award Am1

DIVISION 00 – BIDDING REQUIREMENTS, CONTRACT FORMS and CONTRACT CONDITIONS

Section Title

00 10 00 Bid Schedule and Certificate of Offeror’s Principal Am2

00 21 16 Instructions to Proposers Am1 Am2

00 22 00 Supplementary Instructions Am1

00 22 16 Supplementary Instructions to Proposers Am2

00 45 00 Representations and Certifications

00 70 00 Conditions of the Contract

00 73 00 Supplementary Conditions

00 73 46 Wage Rates Am2

TECHNICAL SPECIFICATION, DRAWINGS and APPENDICES – dated September 2014

SECTION 00 10 00 - 1

Amendment 0002

SECTION 00 10 00 – PRICING SCHEDULE

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 Estimated Unit No. Description Quantity Unit Price Amount

0001 Primary Building Complex complete to

5' outside the building

1 L.S. **** $

0002 Site Work and Utilities outside the 5' building line

1 L.S. **** $

Design

L.S.

TOTAL BASE BID $_________________________

OPTIONS

0004 Additional Ball Field 1 L.S. **** $_______________

TOTAL BASE BID AND OPTIONS $_________________________

UNIT ABBREVIATIONS: L.S. = LUMP SUM

SECTION 00 10 00 - 2

PROPOSER’S NOTES

1. ALL prospective Proposers must be registered in ORCA www.orca.bpn.gov AND SAM www.sam.gov .

2. Award of all Base Items will be made to one offeror. Offerors must submit a price on all items in the Pricing Schedule to be eligible for award.

3. ARITHMETIC DISCREPANCIES:

(a) For the purpose of initial evaluation of offers, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the offeror:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price shall govern, and in a discrepancy between the sum of extended prices and the stated total for the base or optional items, the sum of the extended prices will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

4. The lump sum, “L.S.” line items above are not “estimated quantity” line items and therefore are not subject to the Variation in Quantity contract clause.

5. 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 20th day 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.

6. MANDATORY WORK STOPPAGES

(a) A mandatory work stoppage occurs whenever the Contractor is restricted from working a full workday and is unable to reallocate work forces to other locations. All costs associated with five (5) mandatory work stoppages must be included in the bid price. No additional compensation or extension to the Contract performance period will be given as a result of five (5) mandatory work stoppages.

http://www.orca.bpn.gov/ http://www.sam.gov/

SECTION 00 10 00 - 3

(1) In the event that the Contractor's work force is required to evacuate any part of the working area during working hours established by the Contractor for this contract, the Government will then make an adjustment under the clause entitled, FAR 52.242-14 SUSPENSION OF WORK, see Section 007300. The Government's liability will be considered to be limited to reimbursement for loss of time of Contractor's employees and equipment which otherwise would have been employed on the job. The completion time for any part of the work will not be extended if the total number of working hours of work stoppage does not exceed 0.08 times the number of calendar days in the period between the date of notice to proceed and the specified completion date. In the event the Contractor is required to evacuate the area in excess of the time specified above, the completion times will be adjusted.

(b) The Contractor may be required, without advance notice, to move work to a different location. The Contractor shall be prepared to increase or decrease work forces with appropriate trades to perform work in the relocated work areas at no additional cost to the Government.

(c) The Contractor shall notify the Contracting Officer when a mandatory work stoppage occurs for recording purposes. Otherwise, the work stoppage will not be credited to the Contractor.

7. 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.

8. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid 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 unit price in the bid schedule.

9. Principal Contracting Officer. The Contracting Officer who signs this contract will be the

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

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

11. Some quantities are ESTIMATED, the offeror’s prices MUST BE FIRM.

12. Offeror is cautioned to check his Price Schedule carefully prior to submission. If the Price

Schedule contains unit prices, they should be round off to the second decimal point only

NOT EXTENDED FURTHER.

SECTION 00 10 00 - 4

13. EVALUATION: The Government intends to issue a contract resulting from the Request for

Proposal (RFP) to the responsible Offeror whose proposal represents the Best Value to the Government by using the Lowest Price Techinically Acceptable procedure as described in Sections 00 22 00 and 00 22 16. The award decision will be based on a comparative assessment in proposals against all source selection criteria in the solicitation.

14. 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 offeror to be ineligible for contract award.

15. 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 007000.

16. The time stated for completion shall include final clean-up of the premises. Refer to Section

00 73 00, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

17. 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 42.5.0

18. 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 $650,000.00, 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.

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 purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.gov/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

http://www.cpars.gov/

SECTION 00 10 00 - 5

19. PLEASE NOTE: PROSPECTIVE OFFERORS SHOULD SUBMIT CONTRACTING AND

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO PROPOSAL

PROCEDURES ARE TO BE SUBMITTED VIA OFFEROR INQUIRY IN PROJNET AT

WWW.PROJNET.ORG REFER TO SECTION 00100 CLAUSE ENTITLED,

“INQUIRIES”

20. PLEASE NOTE: ALL PROSPECTIVE OFFERORS MUST BE REGISTERED IN

SYSTEM FOR AWARD MANAGEMENT (SAM)

https://www.sam.gov/portal/public/SAM/

21. The Offeror shall acknowledge that it understands the contract requirements for sustainable construction and that the final project will achieve a minimum LEED Silver certification rating prior to project closeout. The Government is not striving for any higher rating than silver. If the offeror proposes a higher LEED rating than silver, the proposal shall describe whether or not it involves additional costs and clearly indicate if such costs would detract from other factors herein, such as functionality, quality of materials, systems, and site work, etc.

22. 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 PROCEED. 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, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

23. Ball Fields specified in the RFP, including those in the Option if exercised, shall be complete within 120 calendar days from when the Contractor takes possession of the existing ball fields/new project site which will result in non use of the ball fields. Intent is to limit unavailability of the ball fields at Nellis AFB for a maximum of 120 calendar days.

Government will make every effort to reduce design review time for the ball fields design in order to facilitate this date.

http://www.projnet.org/ https://www.sam.gov/portal/public/SAM/

SECTION 00 10 00 - 6

CERTIFICATE OF CORPORATE PRINCIPAL

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

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

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

(Company Name) (Signature) (Title)

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

COMPLETED:

SECTION 00 10 00 - 7

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

(4) 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

SECTION 00 21 16 - 1

SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4010 INQUIRIES

52.0000-4001 DIRECTIONS FOR SUBMITING OFFERORS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV 2014)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (NOV 2014)

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)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

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

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER

THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

52.217-5 EVALUATION OF OPTIONS (JULY 1990)

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

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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED

CONTRACTS

SECTION 00 21 16 - 2

52.0000-4010 INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

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, bidders will need to be a current registered user, or self register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency - USACE

- Email address

- Key Access (this is the Bidder Inquiry Key - see below for key)

- Click on “Sign In”

- You will be prompted for the answer to your secret question on the next screen

If this is your first time accessing ProjNet, you will be directed to a screen titled “User account not found. Please create one using the form below”. Fill in the requested information (name, company, city, phone #, etc)

For additional guidance, see the attached 1-page pdf file for accessing the Bid Inquiry system.

B. From this page, you may view all bidder inquiries or add an inquiry. Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by the technical team.

D. The Solicitation Number is: W912PL-15-R-0008 The Bidder Inquiry Key is: CWPE79-6GS7XP

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

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

4. The ProjNet 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. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto. Any Bidder Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a http://www.projnet.org/projnet

SECTION 00 21 16 - 3

written amendment to the solicitation.

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, correction, or alteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.

52.0000-4001 DIRECTIONS FOR SUBMITING OFFERORS

(a) Envelopes containing offers, cost and technical, etc., must be sealed, marked and addressed follows:

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

RFP No. W912PL-15-R-0008 Proposal Due Date: See Block 13 of SF 1442

ADDRESS ENVELOPES TO:

Department of the Army U. S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Ryan Rivas

915 Wilshire Blvd., Suite 1440 Los Angeles, CA 90017

EXPRESS MAIL ENVELOPES:

Department of the Army U.S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Ryan Rivas

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

Department of the Army U.S. Army Engineer District, Los Angeles ATTN: Contracting Division C/O: Ryan Rivas

915 Wilshire Blvd., Suite 1101

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, 915 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.

SECTION 00 21 16 - 4

20 minutes prior to the scheduled receipt of offer time/date, the Contract Specialist will be in the Security Office (PAO) Suite 1101, to accept offers. For negotiated procurements, there is no public proposal opening.

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) 452-3716, 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.

SECTION 00 21 16 - 5

NOTICE OF VISITOR(S)

W912PL-14-R-0008

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)

Christina Chavez

6. Suite Number

7. Telephone Number

213-452-3246

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

Ryan Rivas

8. Telephone Number

213-452-3310

10. Other Comments or Instructions

- All visitors must report to the Public Affairs Office, Suite 980

- 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.

CESPL Form 820

23 APR 2006

SECTION 00 21 16 - 6

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

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

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

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

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

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

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

(i) Company legal business.

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

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

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

SECTION 00 21 16 - 7

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV 2014)

(a) Definition. As used in this provision – “Commercial and Government Entity (CAGE) code” means –

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the

United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

https://www.acquisition.gov/ https://acquisition.gov/far/current/html/www.sam.gov http://www.dlis.dla.mil/cage_welcome.asp

SECTION 00 21 16 - 8

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (NOV 2014)

(a) Definition. As used in this clause– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with Subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of clause) http://www.dlis.dla.mil/Forms/Form_AC135.asp http://www.dlis.dla.mil/cage_welcome.asp https://acquisition.gov/far/current/html/52_200_206.html#wp1152369 https://acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://acquisition.gov/far/current/html/Subpart%2042_12.html#wp1084217 http://www.dlis.dla.mil/Forms/Form_AC135.asp http://www.dlis.dla.mil/cage_welcome.asp

SECTION 00 21 16 - 9

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)

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;

SECTION 00 21 16 - 10

(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.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

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

SECTION 00 21 16 - 11

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 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.

SECTION 00 21 16 - 12

(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.

(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…