Am2__W912PL-19-R-0014.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 Amendment 000

0002 16 May 2019

W912PL

U.S Army Corps of Engineers,Los Angeles Dist CESPL-CT-E, East Region Branch 915 Wilshire Blvd.

Los Angeles, CA 90017

SEE ITEM 6

W912PL-19-R-0014

19 April 2019

FY16 F-35 MUNITIONS MAINTENANCE FACILITIES, NELLIS AIR FORCE BASE, NEVADA

SEE ATTACHED SUMMARY OF CHANGES

FY 16 F-35 Munitions Maintenance Facility W912PL-19-R-0014 Nellis AFB, Las Vegas Valley, NV Amendment 0002

SF-30 Continuation page

SUMMARY OF CHANGES

1. SF-1442, change the proposal due date from 5/21/2019 to 5/30/2019. Bidder’s Inquiry period is extended to 5/23/2019.

2. Section 00 20 00, replace Tradeoff with Lowest Price Technically Acceptable, and delete item 15 which is not applicable to LPTA.

3. Section 00 73 00. Modified Paragraph 52.211-1 “Commencement, Prosecution and Completion of Work” showing a contract Base Bid Period of Performance of 300 Calendar Days and a total of 570 Calendar Day for the Base bid and Option 1 (this includes a 30 CD “down time” in which no work can be performed as the User moves from one facility to the other.

4. Section 00 73 46 Wage Rates: Delete General Decision Number NV190038 Modification 2 dated 04/19/2019 and replace with NV190038 Modification 3 dated 04/26/2019.

5. Replace Drawings S-101 and S-103 showing a flat concrete slab in lieu of a center slope concrete slab.

6. Replace Drawing A-601 requiring exterior pulls and locksets similar to the existing building.

(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 NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

STANDARD FORM 1442 (REV. 8/2014)

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 NUMBER (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-19-R-0014

USACE, Los Angeles District Contracting Division, East Region Branch C/O Jimmy Barton 915 Wilshire Blvd, Suite 930 Los Angeles, CA 90017

FY/16 F-35 MUNITIONS MAINTENANCE FACILITIES NELLIS AFB, NV

This construction project supports the bed down of F-35A aircraft at Nellis AFB, NV; additions to two existing maintenance facilities will be constructed. Facilities selected for expansion include Missile Maintenance Facility, Building 10432 and Munitions Maintenance Facility, Building 10439. Munitions Maintenance Facility, Building 10439 will be the Base Bid for this contract and Missile Maintenance Facility, Building 10432 will be Option 1.

The estimated magnitude of construction is between $1,000,000 and $5,000,000.

THIS IS A BEST VALUE LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) COMPETITIVE SMALL BUSINESS SET-

ASIDE PROCUREMENT.

See item 7

W912PL

Jimmy Barton 213.452.3251

2 OF 160904/19/2019

05/30/2019

2 PM

*Section 00 73 00

Amendment 0002

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

NUMBER

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 NUMBER (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. 8/2014) 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. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS NO.: TAX ID NO.:

CAGE CODE:

SEE PRICING SCHEDULE

FY 16 F-35 Munitions Maintenance Facility Nellis AFB, Las Vegas Valley, NV

W912PL-19-R-0014

00 20 00 - 1

00 20 00 INSTRUCTIONS FOR PROCUREMENT

1. 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 Trade-OffLowest Price Technically Acceptable (LPTA) procedure as described in Sections 00 22 00 and 00 22 16.

2. Award of all Base Bid will be made to one Offeror. Prices must be submitted on all individual items of the Price Schedule. Offeror must propose on all items. Failure to do so may cause the proposal to be determined Awardable.

3. Performance Period: The Offeror shall complete and propose on all Base Bid items in the

Price Schedule to correspond with the completion time in calendar days after receipt of Notice To Proceed (NTP) as specified in Section 00 73 00, Special Contract Requirements, Clause 52.211-10, Commencement, Prosecution and Completion of Work.

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

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

6. The Job (J.A) line items are not “estimated quantity” line items and therefore are not subject to the Variation in Quantity contract clause.

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

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent errors in addition of lump sum and extended prices will be corrected.

8. 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.

00 20 00 - 2

9. 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 00 73 00.

10. 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.

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

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

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

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

Schedule contains unit prices, they should be round off to the second decimal point only NOT EXTENDED FURTHER.

14. The Offeror shall furnish all design and engineering effort, plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.

15. The process permits trade-off between price and technical (non-cost) factors and allows the Government to accept other than the lowest priced offer. The award decision will be based on a comparative assessment in proposals against all source selection criteria in the solicitation

16.15. Contractor is required to fill in CAGE CODE and DUNS NUMBER

(Reference Section 00 70 00, entitled System Acquisition Management (SAM) in Block No 15 on Standard Form 1442, Name and Address Block (Cage Code under Cage and DUNS No. under Duns respectively).

17.16. 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

00 20 00 - 3

18.17. 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 $700,000.00, the USACE Contracting Officer Representative (COR) will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system.

After an evaluation (interim or final) is written up by the USACE, COR the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using Contractor Performance Assessment Reporting System (CPARS) 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.navy.mil/.If the Contractor wishes to participate in the performance evaluation process, access to CPARSCASS and PKI certification is the sole responsibility of the Contractor.

19.18. PLEASE NOTE: ALL PROSPECTIVE OFFERORS MUST BE

REGISTERED IN SYSTEM FOR AWARD MANAGEMENT (SAM)

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

20.19.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. 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.

21.20. Section 00 70 00, Clause 52.219-4 NOTICE OF PRICE EVALUATION

PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014) Cessation of Small Disadvantaged Business Price Evaluation Adjustment. In accordance with DoD Class Deviation 2010-00006, the SDB Price Evaluation Adjustment referenced in FAR 52.219-4 in Section 00 70 00 does not apply to this solicitation.

http://www.cpars.navy.mil/.If http://www.sam.gov/portal/public/SAM/ http://www.sam.gov/portal/public/SAM/

00 73 00 - 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

5152.222-9000 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS (APR 2011)

5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

5152.236-9001 PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

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

5152.236-9002 GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS, SURVEYS, AND

SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)

5152.236-9003 G O V E R N M E N T -FURNISHED SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (JUL 2003)

5152.236-9006 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

5152.236-9008 VALUE ENGINEERING AFTER AWARD (JUN 1999)

5152.236-9009 PARTNERING (FEB 2000)

5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

WARRANTY OF CONSTRUCTION WORK

TRAINING (HND FEB 2000)

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)

52.236-27 SITE VISIT (CONSTRUCTION) (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)

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

REQUIRED INSURANCE

AMENDMENT 2

00 73 00 - 2

FY 16 F-35 Munitions Maintenance Facility Nellis AFB, Las Vegas Valley, NV

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 De 3 3 3 1 0 1 5 4 2 1 2 3

AMENDMENT 2 Nellis AFB, Las Vegas Valley, NV

00 73 00 - 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.

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.

00 73 00 - 4

(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.

GOVERNMENT-FURNISHED RFP DRAWINGS, SURVEYS AND SPECIFICATIONS

a. The Contractor shall

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

00 73 00 - 5

(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

5152.222-9000 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE

FOR PROCESSING WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR

PAYROLLS (APR 2011)

(a)The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the contractor elects to use an electronic payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with the Wage Rate Requirements statute. When the contractor uses an electronic payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

1) commercially available;

00 73 00 - 6

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the Federal Acquisition Regulation (FAR);

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's RMS;

(5) demonstrated security of data and data entry rights;

(6) ability to produce contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the date/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of clause)

5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(MAR 1995)

(a) This clause does not apply to terminations. See UAI 5152.249‐9000, Basis for Settlement of Proposals, and Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110‐1‐8, Construction Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205‐36. Rates for equipment rented from an organization under common control, lease‐purchase arrangements, and sale‐ leaseback arrangements, will be determined using the schedule, except that actual rates will be used for

00 73 00 - 7 equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of clause)

5152.236-9001 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.

(End of clause)

5152.236-9002 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).

(End of clause)

5152.236-9003 G O V E R N M E N T -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.

(End of clause)

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5152.236-9006 DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a) The Contractor must obtain the approval of the Designer of Record and the Government's concurrence, in the form of supplemental agreement to the contract, for any Contractor-proposed revision to the professionally stamped-and-sealed and Government-reviewed design before proceeding with the revision. The Government reserves the right to disapprove such a 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 Contractor-proposed revision to the design which deviates from the contract requirements (i.e., the Request for Proposal (RFP) and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(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.

(End of clause)

5152.236-9008 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.

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(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.

(End of clause)

5152.236-9009 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 Base Civil Engineering and AFCEC/CFMA, 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 completely voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by the Contractor. The partnering meetings shall be held in location(s) with dates/times, as mutually agreed by the Government and Contractor.

(End of clause)

5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation (FAR) 31.205-11).

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(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

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.

(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

00 73 00 - 11

(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.

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.

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

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CLAUSES INCORPORATED BY FULL TEXT

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 300 calendar days for the BASE BID. For BASE BID and OPTION 1 period of performance shall be 570 CDs which includes a 30 day downtime for User move. If the Option is exercised, the Base Bid building must be complete and accepted prior to the move in and start of Option 1 building. The time stated for completion shall include final cleanup of the premises.

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 $1,121.00 [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.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (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 May 8, 2019. Send site visit information outlined in (c) to:

Mr. Mike Bray (Michael.e.bray2@usace.army.mil) 702-852-3489.

(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

00 73 00 - 13 email subject "Site Visit F-35 Munitions Maintenance Facilities". Base Security will be performing background checks on all individuals planning on coming onto the Base. The driver’s license must either be a Real ID or a state driver’s license that does NOT indicate on it that is not for federal identification.

(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 attending the site visit will meet the USACE representative at the parking lot of the Nellis AFB Main Gate entrance at approximately 0845. The site visit group will enter the base in a caravan following a USACE Representatives sponsoring the Site Visit. No individual will be allowed 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 in 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

AMENDMENT 2Nellis AFB, Las Vegas Valley, NV

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