Am1_W912PL-15-R-0009.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

1 2

0001 Feb 23, 2015

W912PL

CONTRACTING DIVISION

915 Wilshire Blvd

LOS ANGELES, CA 90053-2325

SEE ITEM 6

W912PL-15-R-0009

Feb 13, 2015

FY15 F-35 Weapons School at Nellis AFB, Las Vegas, Nevada

1. Replace SF-1442, Solicitation, Offer and Award. Proposal due date is extended.

2. Replace 00 73 00, Supplementary Conditions. Points of contact for the Site Visit on page 11 have been revised.

See continuation page for remainder of changes.

Christina Chavez

CONTRACTING OFFICER

FY-15 F-35A Weapons School, Nellis AFB, NV W912PL-15-R-0009

SF-30 Continuation page Amendment 1

SF-30 Continuation Sheet – Block 14 - Amendment 1

Amendment issued to add / revise the following:

1) Replace sections with included sections / pages:

Section # Section Title

SF-1442 Solicitation, Offer and Award (Proposal Due Date extended to April 3, 2015)

00 73 00 Supplementary Conditions (Site Visit Information revised on page 11)

01 10 10 Specific Engineering and Design Criteria – replace page 7-26 – paragraph 7.10.13.1 01 50 00 Temporary Construction Facilities – replace page 10 – paragraph 4

2) Other:

1. Statement of Work titled F-35 Life Support Area 109 Requirements - Am 1

2. Statement of Work titled F-35 Weapons School Building 120 Room Data Changes - Am 1

3. Room Data Sheet 109

4. Room Data Sheet 204A

5. Room Data Sheet 204B

6. Room Data Sheet 204D

7. Room Data Sheet 205

8. Room Data Sheet 207

9. Drawing A-101

10. Drawing A-102

3) Explanation of Amendment:

1. Revise first floor layout to reconfigure Auditorium Room 109 and the closet space north of Hallway H1 into a “F-35 Life Support Area” in accordance with:

a. Revised Drawing A-101

b. F-35 Life Support Area 109 Requirements Amendment 1 dated 2 Feb 15.

c. Revised Data Sheet Room 109

d. Revised Section 01 10 10 Paragraph 7.10.13.1 Deleting Auditorium seating.

2. Revise Second Floor area to reconfigure for ALIS Room, ALIS Office, Secure Communications Room in accordance with:

a. Revised Drawing A-102

b. F-35 Weapons School Building 120 Room Data Sheets Changes Amendment 1 dated 2 Feb

15.

c. Revised Room Data Sheets 204A, 204B, 204D, 205 and 207.

End of Continuation page.

FY-15 F-35A Weapons School, Nellis AFB W912PL-15-R-0009 Las Vegas, NV

TABLE OF CONTENTS - 1 Amendment 1

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

00 21 16 Instructions to Proposers

00 22 00 Supplementary Instructions

00 22 16 Supplementary Instructions to Proposers

00 45 00 Representations and Certifications

00 70 00 Conditions of the Contract

00 73 00 Supplementary Conditions Am1

00 73 46 Wage Rates

TECHNICAL SPECIFICATION and APPENDICES (including DRAWINGS) – dated September 2014, updated January 2015

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.

8. ADDRESS OFFER TO

4. CONTRACT NO.

7. ISSUED BY

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

11. The contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

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

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912PL-15-R-0009

USACE, LOS ANGELES DISTRICT, CESPLCT

CONTRACTING DIVISION

915 Wilshire Blvd.

Los Angeles, CA 90017

Design and construct a 1,521 SM administration, instructional and operations facility in support of the F-35 aircraft and to support the Weapons School Complex at Nellis AFB, NV. Facility shall be two stories with secure Sensitive Compartmentalized Information Facilities (SCIF) and Special Access Program Facility (SAP-F) facilities on each floor. Included are mass briefing room, briefing rooms, instruction rooms, simulator rooms and supporting administration rooms. Supporting facilities include fire detection/protection, utilities, landscaping, roads/parking, security and communications support. Facility shall match architecture and elevations of the adjacent Remote Piloted Aircraft (RPA) Weapons school. This project will comply with DoD antiterrorism/force protection requirements per UFC 4-010-01 and be certified Leadership in Energy and Environmental Design.

In accordance with FAR 36/DFARs 236, the estimated construction price range for this project is: Between $5,000,000 and $10,000,000

Estimated duration of the project is 600 calendar days.

100% Small Business Set-Aside Competitive Procurement

NOTE: Contractor must be registered with the central contractor registration at https://www.sam.gov in order to receive a Government contract

SEE ITEM 7

OTSE A. ADIKHAI 213-452-3248

02/13/2015

04/03/2015 see **

** Section 00 73 00

Amendment 1

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

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

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

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

20b. SIGNATURE 20c. OFFER DATE

CAGE: DUNS:

00 73 00 – Page 1 Amendment 1

SECTION 00 73 00 SUPPLEMENTARY CONDITIONS

ACCRUALS

ER 415-1-15 (OCT 1998) TIME EXTENSION FOR UNSUALLY SEVERE WEATHER

WORK DAYS AND HOURS

ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE METHOD FOR CONSTRUCTION

CONTRACTS

GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS

52.236-5000 DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE (AUG 1997)

52.236-5001 PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY 2006)

52.236-5002 GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS, SURVEYS, AND SPECIFICATIONS

IN THE REQUEST FOR PROPOSAL (JUL 2002)

52.236-5003 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2003)

52.236-5004 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 2002)

52.236-5005 WARRANTY OF DESIGN (MAY 2002)

52.236-5006 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

52.236-5007 CONTRACTOR'S ROLE DURING DESIGN PROCESS (JUN 1998)

52.236-5008 VALUE ENGINEERING AFTER AWARD (JUN 1999)

52.236-5009 PARTNERING (FEB 2000)

52.236-5010 GOVERNMENT RE-USE OF DESIGN (MAY 2006)

PROPOSED BETTERMENTS

WARRANTY OF CONSTRUCTION WORK

SEQUENCE OF DESIGN-CONSTRUCTION

RECOMMENDED INSURANCE COVERAGE (HND MAR 2002)

TRAINING (HND FEB 2000)

DESIGN CONFERENCES (HND AUG 1997)

SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR (HND UNDATED)

INVOICES

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

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)

00 73 00 – Page 2 Amendment 1

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

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR 1979)

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

00 73 00 – Page 3 Amendment 1

ACCRUALS

In accordance with USACE Engineer Financial Regulation (ER) 37-1-30, and other applicable Federal and DOD financial accounting standards, the Contractor is required to assist government personnel with providing reasonably accurate accrual estimates. The accrual is from the thru date of the period of performance (Eng Form 93, block 9) to the end for the month of the value of goods and/or services rendered/expected to be rendered to the Government pursuant to this contract. This is for each calendar month during which goods and services are delivered. Standard forms with 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 six (6) business days prior to each calendar month-end.

ER 415-1-15 (OCT 1998) TIME EXTENSION FOR UNSUALLY SEVERE WEATHER

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled “DEFAULT (FIXED PRICE CONSTRUCTION)”. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe that the adverse weather anticipated for the project location during any given month. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault of negligence of the Contractor.

a. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time extensions. The contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Monthly Anticipated Adverse Weather Delay

Work Days Based on (5) Day Work Week

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(3) (3) (3) (1) (0) (1) (5) (4) (02) (1) (2) (3)

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day.

c. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b), above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled “Default (Fixed Price Construction)”.

WORK DAYS AND HOURS

The normal workdays and hours for this project will be Monday through Friday, excluding federal holidays, from 7:00 a.m. to 5:00 p.m. Access to the work site may be restricted to these hours and days. Work during other than normal hours and days must be coordinated in advance with the Administrative Contracting Officer.

00 73 00 – Page 4 Amendment 1

ALTERNATE STRUCTURED APPROACH TO WEIGHTED GUIDELINE METHOD FOR

CONSTRUCTION CONTRACTS

The following alternate structured approach shall be used for all fixed-price construction contract actions.

Factor Rate Weight Value

Degree of risk 20 Relative difficulty of work 15 Size of job 15 Period of performance 15 Contractor's investment 5 Assistance by Government 5 Subcontracting 25

Total 100%

Based on the circumstances of the procurement action, each of the above factors shall be weighted from .03 to .12 as indicated below. "Value shall be obtained by multiplying the rate by the weight. The Value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement. The profit percentage should be multiplied by the total contract costs, including general and administrative costs.

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increases, the weighting should be increased up to a maximum of .12. Lump sum items shall generally have a higher weight than unit price items; other things to consider include the nature of the work and where it is to be performed. Consider the portion of the work to be done by subcontractors, amount and type of labor included in costs, whether the negotiation is before or after performance of the work, etc. Modifications settled before the fact have much greater risk than those settled after the fact. A weight of .03 is appropriate for after the fact equitable adjustments and/or settlements.

(2) Relative Difficulty of Work: If the work is difficult and complex, the weight should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk.

Some other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), what is the time schedule.

(3) Size of Job. Work of $100,000 or less shall be weighted at .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05. Work from $5,000,000 to $10,000,000 shall be weighted at .04. Work in excess of $10,000,000 shall be weighted at .03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

(4) Period of Performance. Work not to exceed one month is to be proportionately weighted at .03. Work in excess of 24 months is to be weighted at .12. Durations between one month and 24 months are to be proportionately weighted between .03 and .12.

(5) Contractor's Investment. To be weighted from .03 to .12 on the basis of below average, average and above average. Things to consider include amount of subcontracting, Government-furnished property or data such as surveys, soil tests, method of making progress payments, and any mobilization payment items.

(6) Assistance by Government. To be weighted from .12 to .03 on the basis of average to above average.

Consider use of Government-owned property, equipment and facilities, and expediting assistance.

(7) Subcontracting. To be weighted inversely proportional to the amount of subcontracting. Where 80% or more of the work is to be subcontracted use .03. The weighting should be increased proportionately to .12 where all the work is performed by the contractor's own forces.

00 73 00 – Page 5 Amendment 1

GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS

a. The Contractor shall

(1) Check all Government-furnished drawings and surveys immediately upon receipt;

(2) Compare all drawings and surveys and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies; and

(4) Be responsible for any errors which might have been avoided by complying with this paragraph.

(5) Verify and use latest edition of required design references.

b. Large scale drawings shall, in general, govern small scale drawings. Figures marked on drawings shall, in general, be followed in preference to scale measurements.

c. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications.

SPECIAL CONTRACT REQUIREMENTS

52.236-5000 DESIGN-BUILD CONTRACT ORDER OF PRECEDENCE (AUG 1997)

(a) The contract includes the standard contract clauses and schedules current at the time of contract award. It entails

(1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitation. (See also FAR 52.236-2 Alt 1, Specifications and Drawings for Construction)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the contract and are not part of the contract itself. Design products must conform with all provisions of the contract, in the order of precedence herein.

52.236-5001 PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS.

PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY 2006)

In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

As prescribed at 11.703(c), insert the following clause in solicitations and contracts for fixed-price construction contracts when subdivided items are to be separately priced for payment purposes

00 73 00 – Page 6 Amendment 1

52.236-5002 GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS, SURVEYS, AND

SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)

This is to clarify DFARS 252.236-7001, Contract Drawings and Specifications, refers to any Government- furnished design or design criteria included in the Request for Proposal (RFP).

52.236-5003 GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (JUL 2003)

This is to clarify FAR 52.236-21Alt 1, Specifications and Drawings for Construction, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.

52.236-5004 RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contact, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

52.236-5005 WARRANTY OF DESIGN (MAY 2002)

(a) The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of special contract requirement 52.236-5004, Responsibility of the Contractor for Design.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statue of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_232.htm#P784_58963

00 73 00 – Page 7 Amendment 1

52.236-5006 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed design, before proceeding with the revision.

(b) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a modification, pursuant to the Changes clause, in addition to Government concurrence.

The Government reserves the right to disapprove such a revision.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

52.236-5007 CONTRACTOR'S ROLE DURING DESIGN PROCESS (JUN 1998)

The contractor's construction management key personnel shall be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the Contractor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction QC program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor shall require and manage the active involvement of key trade subcontractors in the above activities.

52.236-5008 VALUE ENGINEERING AFTER AWARD (JUN 1999)

(a) In reference to FAR 52.248-3, Value Engineering-Construction, the Government may refuse to entertain a "Value Engineering Change Proposal" (VECP) for those "performance oriented" aspects of the Solicitation documents which were addressed in the Contractor's accepted contract proposal and which were evaluated in competition with other offerors for award of this contract.

(b) The Government may consider a VECP for those "prescriptive" aspects of the Solicitation documents, not addressed in the Contractor's accepted contract proposal or addressed but evaluated only for minimum conformance with the Solicitation requirements.

(c) For purposes of this clause, the term "performance oriented" refers to those aspects of the design criteria or other contract requirements which allow the offeror or Contractor certain latitude, choice of and flexibility to propose in its accepted contract offer a choice of design, technical approach, design solution, construction approach or other approach to fulfill the contract requirements. Such requirements generally tend to be expressed in terms of functions to be performed, performance required or essential physical characteristics, without dictating a specific process or specific design solution for achieving the desired result.

(d) In contrast, for purposes of this clause, the term "prescriptive" refers to those aspects of the design criteria or other Solicitation requirements wherein the Government expressed the design solution or other requirements in terms of specific material, approaches, systems, and/or processes to be used. Prescriptive aspects typically allow the offerors little or no freedom in the choice of design approach, materials, fabrication techniques, methods of installation, or any other approach to fulfill the contract requirements.

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52.236-5009 PARTNERING (FEB 2000)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the U.S. Air Force Hill Air Force Base installation, the Contractor, primary subcontractors and designers and the Corps of Engineers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary.

52.236-5010 GOVERNMENT RE-USE OF DESIGN (MAY 2006)

In conjunction with the DFARS 252.227-7022, Government Rights (Unlimited), the Government will not ask for additional originals or copies of the design works after the Contractor provides all required design documentation and as-built documentation under the instant contract. Further, if the Government uses the design for other projects without additional compensation to the Contractor for re-use, the Government releases the Contractor from liability in the design on the other projects, due to defects in the design that are not the result of fraud, gross mistake as amounts to fraud, gross negligence or intentional misrepresentation.

DESIGN BUILD SUPPLEMENTARY CONDITIONS

PROPOSED BETTERMENTS

(a) The minimum requirements of the contract are identified in the Request for Proposal. All betterments offered in the proposal become a requirement of the awarded contract.

(b) A “Betterment” is defined as any component or system, which exceeds the minimum requirements stated in the Request for Proposal. This includes all proposed betterments listed in accordance with the “Proposal Submission Requirements” of the Solicitation, and all Government identified betterments.

(c) “Government identified betterments” include the betterments identified on the “List of Accepted Project Betterments” prepared by the Proposal Evaluation Board and made part of the contract by alteration, and all other betterments identified in the accepted Proposal after award.

WARRANTY OF CONSTRUCTION WORK

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (1) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, or workmanship.

00 73 00 – Page 9 Amendment 1

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice:

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

SEQUENCE OF DESIGN-CONSTRUCTION

After receipt of the Contract Notice to Proceed (NTP) the Contractor shall initiate design, comply with all design submission requirements as covered under Division 01 General Requirements, and obtain Government review of each submission. The contractor may begin construction on portions of the work for which the Government has reviewed the final design submission and has determined satisfactory for purposes of beginning construction. The ACO or Contracting Officer Representative (COR) will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the ACO or COR, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any in-place construction related to the pending revisions until they are completed, resubmitted and are satisfactory to the Government. No payment will be made for any in-place construction until all required submittals have been made, reviewed and are satisfactory to the Government.

RECOMMENDED INSURANCE COVERAGE (HND MAR 2002)

The Design-Build Contractor’s attention is invited to the contract requirements concerning “RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN”, “WARRANTY OF DESIGN” and “WARRANTY OF CONSTRUCTION WORK”. These requirements vest in the Contractor complete responsibility for the professional quality, technical accuracy, and coordination of all design, drawings, specifications and other work or materials furnish by his in-house or consultant forces. The Design-Build Contractor must correct and revise any errors or deficiencies in his

00 73 00 – Page 10 Amendment 1 work, notwithstanding any review, approval, acceptance or payment by the Government. The Contractor must correct and change any work resulting from his defective design at no additional cost to the Government. The requirements further stipulate that the Design-Build Contractor shall be liable to the Government for the damages to the Government caused by negligent performance. Though not a mandatory requirement, this is to recommend that the Design-Build Contractor investigate and obtain appropriate insurance coverage for such liability protection.

TRAINING (HND FEB 2000)

The Contractor shall provide operational and maintenance training for all systems furnished under this contract for the operating and maintenance personnel. The system manufacturer shall conduct the training, where feasible. All operation and maintenance manuals shall be submitted and approved prior to conducting the training and shall be used during training. The Contractor shall videotape the training session on DVD and provide the DVD(s) to the government.

DESIGN CONFERENCES (HND AUG 1997)

(a) Pre-Work: As part of the Pre-Work Conference conducted after contract award, key representatives of the Government and the Contractor will review the design submission and review procedures specified herein, discuss the preliminary design schedule and provisions for phase completion of the D-B documents with construction activities, as appropriate, meet with Corps of Engineers Design Review personnel and key Using Agency points of contact and any other appropriate pre-design discussion items.

(b) Design Charette: After award of the contract, the Contractor shall visit the site and conduct extensive interviews, and problem solving discussions with the individual users, base personnel, Corps of Engineers personnel to acquire all necessary site information, review user options, and discuss user needs.

The Contractor shall document all discussions. The design shall be finalized as direct result of these meetings.

(c) Design Review Conferences: Review conferences will be held on base for each design submittal. The Contractor will bring the personnel that developed the design submittal to the review conference. The conferences will take place the week after the review is complete.

SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR (HND UNDATED)

The Contractor shall furnish the Contracting Officer within 10 days after the award the items of work he will perform with his own forces and the estimated cost of those items. The percentage of work that must be performed by the Contractor is stated in Contract Clause 52.236-1, “PERFORMANCE OF WORK BY THE CONTRACTOR”.

INVOICES

The Government shall pay the Contractor upon submission of proper invoices for supplies delivered and accepted or services rendered and accepted for the portion of work actually performed under this contract. Invoices will be submitted in quadruplicate to the address in Block 26, SF1442, which will be completed at time of award. Invoices shall be submitted on ENG Form 93, which will be provided to the Contractor by the Government

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .600 Calendar Days* The time stated for completion shall include final cleanup of the premises.

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

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,121 [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.236-25 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (JUN 2003)

Architects or engineers registered to practice in the particular professional field involved in a State, the District of Columbia, or an outlying area of the United States shall prepare or review and approve the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work.

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

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

(b) An organized site visit has been scheduled for— F-35 Weapons School, Nellis AFB, NV:

March 10, 2015 at 10:00 a.m.

Send POC info to:

Roger Miller, 702-852-3514 Roger.L.Miller@usace.army.mil and Joni Rhiner at (702) 852-3493, joni.rhiner@usace.army.mil

(c) Offerors or quoters desiring to attend the site visit shall provide the following information: each individual’s full name (First, Middle Initial, Last), Birthday MM/DD/YYYYY, SSN, Driver License State of issue and # . Provide the information to the email addresses shown above, with email subject "Site Visit - F-35A Weapons School – Nellis AFB". Base Security will be performing background checks on all individuals planning on coming onto the Base.

(d) The information listed in paragraph (c) above must be received at least five (5) BUSINESS DAYS (Monday – Friday) prior to the site visit for the individual to be added to the guest list. Information received after this time will not be incorporated into the guest list. Individuals not on the list will not be granted access to Nellis Air Force Base or participate in the Site Visit.

(e) Each individual meet at the parking lot of the Nellis AFB Main Gate entrance. The site visit group will enter the base in a caravan following a USACE Representatives sponsoring the Site Visit. No individual will be allowed mailto:Roger.L.Miller@usace.army.mil mailto:joni.rhiner@usace.army.mil

00 73 00 – Page 12 Amendment 1 access to the base without being briefed and escorted onto the base. The briefing and escort arrangements will take place in the parking lot outside the visitor center at the main gate entry of Nellis. Individuals with alternate means of access to the base will not be allowed to participate in the site visit unless they provide information as outlined paragraph c above and participate in the briefing, and site visit caravan. All participants shall remain with the site visit group while on base, and shall exit the base together in a caravan.

(f) Each individual to carry current government issued photo identification, records of vehicle registration, and insurance.

(End of provision)

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.

(End of clause)

252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR

1979)

All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period.

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

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(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

252.236-7005 AIRFIELD SAFETY PRECAUTIONS. (DEC 1991)

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

(1) "Landing areas means" --

(i) The primary surfaces, comprising the surface of the runway, runway shoulders, and lateral safety zones. The length of each primary surface is the same as the runway length. The width of each primary surface is 2,000 feet (1,000 feet on each side of the runway centerline);

(ii) The "clear zone" beyond the ends of each runway, i.e., the extension of the primary surface for a distance of 1,000 feet beyond each end of each runway;

(iii) All taxiways, plus the lateral clearance zones along each side for the length of the taxiways (the outer edge of each lateral clearance zone is laterally 250 feet from the far or opposite edge of the taxiway, e.g., a 75-foot-wide taxiway would have a combined width of taxiway and lateral clearance zones of 425 feet); and

(iv) All aircraft parking aprons, plus the area 125 feet in width extending beyond each edge all around the aprons.

(2) "Safety precaution" areas means those portions of approach-departure clearance zones and transitional zones where placement of objects incident to contract performance might result in vertical projections at or above the…