W912PL-19-R-0015_Amendment0002.pdf

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

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

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

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICIATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

12. ACCOUNTING AND APPROPIRATION DATA (If required)

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

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

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

NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

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

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

0002 11 MAR 2019

USACE, Los Angeles District ATTN: Contracting Division East Region Branch 915 Wilshire Boulevard, Suite 930 Los Angeles, CA 90017

W912PL19R0015

04 MAR 2019

FY 18 HYDRAZINE FUEL STORAGE AND SERVICING FACILITY NELLIS AIR FORCE BASE, NEVADA

THE PURPOSE OF THIS AMENDMENT IS TO (1)REMOVE AND REPLACE SECTION 00 22 16 PAGE 3 (2) REMOVE AND REPLACE SECTION 00 73 00 PAGE 3 52.211-12 LIQUIDATED DAMAGE PROVISION FROM $1,121.00 TO $1,226.00.

All other terms and conditions remain unchanged.

1 23

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00 22 16 (1)

SECTION 00 22 16

SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

ELIGIBILITY FOR CONTRACT AWARD

SOURCE SELECTION USING LOWEST PRICE TECHNICALLY ACCEPTABLE

(LPTA)

LIST OF THE TECHNICAL EVALUATION FACTORS

PROPOSAL SUBMITTAL

INITIAL EVALUATION OF TECHNICAL PROPOSAL (VOLUME II)

EVALUATION OF THE PRICE PROPOSAL (VOLUME I)

INTENT TO AWARD WITHOUT DISCUSSION

DISCUSSION PROCESS

FINAL PROPOSAL REVISIONS

DEBRIEFINGS

PROPOSAL EXPENSE AND PREAWARD COSTS

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Section 00 22 16- 2

ELIGIBILITY FOR CONTRACT AWARD

In accordance with the Federal Acquisition Regulations (FAR), no contract will be entered into unless the Contracting Officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. This includes the FAR requirement that no award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must meet the general standards in FAR Part 9 and any special standards set forth in the solicitation.

SOURCE SELECTION USING LOWEST PRICE TECHNICALLY ACCEPTABLE

(LPTA)

The Government will make award to the Offeror submitting the lowest priced technically acceptable proposal meeting or exceeding the acceptability standards for non-cost factors. The Government will first review non-cost technical proposals to determine which are acceptable to the Government.

Responses that the Offeror understands, or will comply with the specifications, statements paraphrasing the specifications, and general or overly broad responses such as “standard procedures will be employed” or “well known techniques will be used”, will be rated unacceptable.

The objective of the Government is to award a contract to an Offeror who submits a proposal that when evaluated is determined to meet the acceptability levels established in the solicitation for each non-cost evaluation factor. Each non-cost evaluation factor will receive a rating of Acceptable or Unacceptable. The award will be made to the technically acceptable proposal with the lowest evaluated proposed price.

LIST OF THE TECHNICAL EVALUATION FACTORS

The Technical Proposal will be evaluated based on the following technical evaluation factors

FACTOR 1 - EXPERIENCE ON SIMILAR CONTRACTS

FACTOR 2 - TECHNICAL APPROACH, METHODS AND PROCEDURES

FACTOR 3 - PAST PERFORMANCE ON RECENT, RELEVANT CONTRACTS

FACTOR 4 - CORPORATE MANAGEMENT STRUCTURE FACTOR

FACTOR 5 - SCHEDULE

FACTOR 1 - EXPERIENCE ON SIMILAR CONTRACTS

This factor will evaluate the extent of an Offeror’s successful experience and proposed team’s experience (key subcontractors) on projects of similar type, scope, magnitude and complexity as compared to the work that is required under this RFP.

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Section 00 22 16- 3

Evaluation Factor: The following are the minimum requirements that are key to successful contract performance to demonstrate experience on similar contracts. Offeror shall identify overall experience with two (2) projects completed or substantially completed (70%) with contract values of $ 2.5M or greater, similar in scope, magnitude and complexity as the RFP project that the Offeror has successfully completed as the prime contractor, or teaming partner, within the past five (5) years. The projects shall demonstrate experience in new construction along with concrete masonry unit (CMU) construction, concrete foundation work, structural steel, underground utilities and paving. The Offeror shall explain how and why they consider the projects to be similar to the RFP project and may demonstrate overall experience with Teaming Partners, Joint Ventures or Key Subcontractors. However, there must be a signed agreement in the Proposal that these entities will be part of the Offeror’s project team. Provide a brief description of each project, describe its scope of the work, total dollar value of the contract at the time of award and at the time of completion. Provide the name, address and telephone number of the owner. In the case of a federal, state or local government project, provide the name, address, and telephone number of the contracting officer.

Standard for Acceptability: This standard is met when the Offeror and Designer can identify completed or substantially completed project(s) as noted above and that are similar in scope, magnitude and complexity and meet Factor 1 requirements.

FACTOR 2: TECHNICAL APPROACH, METHODS AND PROCEDURES

Proposals will be evaluated as to the Offeror’s ability to perform and to satisfy all design-bid-build construction contract requirements. Responses to this factor must discuss the Offeror’s technical understanding of the design/build work requirements and their commitment to accomplish all the work in accordance with the solicitation requirements and integrated construction schedule. The technical approach should demonstrate a clear understanding as it pertains to the requirements of the proposal.

Evaluation Factor: Proposals must discuss the Offeror’s technical understanding of the work requirements and their construction methods / approach to accomplish all the work in accordance with the solicitation requirements and schedule. The quality of the Offeror’s approach and methodology, and the workability of the approach and technical feasibility to perform successfully will all be evaluated. The construction quality control system must be presented.

The level of detailed quality and clear understanding of the Offeror’s approach and methodology, the workability of the approach, and technical feasibility to perform successfully will be evaluated.

Standard Acceptability: This standard is met when the Offeror demonstrates a commitment to accomplish all the work in accordance with the technical solicitation requirements and the minimum requirements of Factor 2.

FACTOR 3: PAST PERFORMANCE ON RECENT, RELEVANT PROJECTS

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Section 00 22 16- 4

This area considers the Offeror's capabilities and past performance for successful completion of recent, relevant construction projects. Offeror(s) shall submit the following as part of their offers.

Evaluation Factor: The following are the minimum requirements that are key to successful contract performance to demonstrate contractor capability to perform the proposed effort. The criteria to establish what is recent and relevant and how well the contractor performed on the contracts will be based upon the efforts of similar scope, magnitude, and complexity of projects successfully completed within the past five years (projects in Tab #1) and projects substantially completed. In the event of an Offeror without a record of relevant past performance or of whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on this factor.

Identify the projects shown in Factor #1. For each project identified, describe the scope of the work, contract price at the time of award, project cost growth during contract performance, and contract price at the time of completion. Include explanation of the reasons for cost growth.

Describe for each project the contract performance period set forth in the contract, time growth during contract performance, if any, and the number of days from the start of the project to acceptance by the owner/government agency. Include explanation for reasons for time growth.

Identify and describe any warranty issues raised by the owner, and how the problems were resolved; if no warranty issues were raised, Offerors should so state. Offeror is encouraged to provide information on problems encountered on the projects and the Offeror’s corrective action.

Past performance on State, local, and private/ commercial contracts will be evaluated equally with past performance on Federal contracts. Offeror(s) are encouraged to provide information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this solicitation. Important Note: See paragraph 5 below regarding required consent for release of subcontractor past performance information. For each project, submit the following information in the formats provided at the end of this Section:

Past Performance information shall include all contracts, including Federal, State, local government and private/commercial, for efforts similar to the Government requirement of similar scope, magnitude, and complexity which are either successfully completed within the past five years.

Furnish a Performance Assessment Report (PAR) for each referenced contract. A Contractor Performance Assessment Report (CPARS) may be provided in-lieu of a PAR. If an official written performance evaluation/rating was not received, so indicate. A past performance questionnaire must be sent to the reference if a written performance evaluation/rating is not included in the proposal as an attachment to the Performance Assessment Report. The Offeror(s) is also encouraged to submit any letters of appreciation or similar correspondence that the Contractor received from the Owner/Customer at the time of contract performance/completion.

However, the Offeror(s) is neither required nor requested to have the Owner/Customer write such a letter for the purpose of this solicitation. The Performance Assessment Report or the Contractor Performance Assessment Report will not be included in the page count

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Section 00 22 16- 5 limitation. Formats for the Performance Assessment Report have been provided at the end of this Section titled: Performance Assessment Report.

The Past Performance Questionnaire (PPQ) included in the solicitation is provided for the Offeror to submit to the client for each project the Offeror includes in its proposal for PAST PERFORMANCE where a written performance evaluation/rating (CPAR/PAR) is not included in the proposal as an attachment to the performance assessment report. Ensure correct phone numbers and email addresses are provided for the client point of contact. Complete PPQ should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contact and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government point of contract, Mr. Dominic Penebito via email at dominic.m.penebito@usace.army.mil prior to proposal closing date. The preferred method is to include with the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Also include performance recognition documents received within the last five (5) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. The Past Performance Questionnaire (PPQ) will not be included in the page count limitation. Formats for the Past Sample Cover Letter and Performance Questionnaire (PPQ) has been provided at the end of this Section titled: Sample Cover Letter and Performance Questionnaire (PPQ).

1. In addition to the above, the Government may review any other sources of information available for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), included Contractor Performance Assessment Reporting Systems (CPARS), using all CAGE/DUNS number of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owners representatives(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

2. In conducting the performance risk assessment, the government may use data provided by the Offeror and data obtained from other sources, including automated databases, contacting the owner or contracting officer of the project. The “References’ Past Performance/Quality Questionnaire” (Past Performance Reference Check in Section 00 22 00) is one of the means that may be used by the government to collect past performance information. The Government may contact references other than those identified by the Offeror. The Government may also take into consideration the Offerors performance of contracts with the Agency.

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Section 00 22 16- 6

3. The evaluation will take into consideration the Offerors record of conformance to contract specifications and standards of good workmanship; the Offerors safety performance, the Offerors adherence to contract cost, the Offerors adherence to contract schedule, including the administrative aspects of performance; the Offerors history of reasonable and cooperative behavior, commitment to customer satisfaction, and timely award and management of subcontracts;

4. The evaluation will take into account the number and severity of problems, the demonstrated effectiveness of corrective actions taken, and the overall work record.

5. The performance record of proposed major subcontractors and proposed key personnel might also be considered.

6. “Confidential” projects cannot be submitted unless all of the information required for evaluation purposes as specified herein can nonetheless be provided to the Government as part of the Offeror(s) technical proposal. Offeror(s) that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offeror(s)—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data”.

7. Release of Subcontractor Past Performance Information. Past performance information pertaining to a proposed subcontractor cannot be disclosed to the Offeror(s) by the Government without the proposed subcontractor’s consent. Therefore, if subcontractor past performance information is being utilized by the Offeror(s), the Offeror(s) must also submit as part of its technical proposal the subcontractor’s consent to release of its past performance information by the Government to the Offeror(s). If there is a problem with the proposed subcontractor’s past performance, the prospective prime contractor can be notified, but no details can be discussed without the proposed subcontractor’s permission.

Standard of Acceptability: This standard is met when the Offeror has an overall satisfactory performance evaluation or higher on recent and similar contracts/completed within the past five

(5) years has been demonstrated.

FACTOR 4: MANAGEMENT STRUCTURE

Proposals will be evaluated as to the Offeror’s ability to satisfy all contract requirements within its Management Plan. The Government will evaluate corporate and construction management structure, experience and qualifications of the key personnel and major subcontractors proposed for the project to include the capability to staff, manage, resource and control successful projects.

Personnel will be evaluated on their overall professional education, training and experience and on specific experience on projects of similar type, scope, and complexity to the work required under this RFP.

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Section 00 22 16- 7

The Government will evaluate the management structure from start to construction-complete.

Offeror should show organizational charts, level of personnel authority of the individuals involved specifically with this project. Offeror shall identify key subcontractors and provide a brief resume demonstrating experience with this type project.

The Government will evaluate the proposed Project Manager, Design Manager(s) if applicable, Construction Site Superintendent, Field Safety Officer, Field Quality Control Manager respective qualifications, responsibilities, and authority levels. Brief resumes shall be submitted for each of these individuals. Note, it will be acceptable for the Field Quality Control Manager to have 7 years construction experience with at least 5 years functioning as a Quality Control Manager in lieu of the specified college education requirement. This must be expressly shown in the Field CQCM resume.

The Offeror shall provide a narrative on how they plan to manage and execute this project and describes major tools or methods to accomplish this. The Offeror must demonstrate they have sufficient capacity based on on-going work load to execute this project and identify the percent of time each of the key team members will be assigned to this project.

Standard of Acceptability: This standard is met when the Offeror provides an organization chart that clearly shows authorities and lines of communications, the resumes provided show that the staff is qualified and meets the RFP requirements (where applicable), the present workload for the Offeror is discussed, the availability of the proposed team is discussed, and a replacement plan for key personnel is provided.

FACTOR 5: SCHEDULE

Proposals will be evaluated as to the Offeror’s ability to schedule the construction of the project.

Evaluation Factor: The Government will evaluate the proposed schedule to determine if the Offeror’s plan assures completion within the specified time stated in Section 00 73 00 or a shorter time proposed by the Offeror. The schedule will be evaluated to determine whether it is, complete, reasonable, realistic, and achievable. The Schedule may be submitted on 11x 17 with each page counting as one page towards the page count. State in the narrative the total number of calendar days you have shown in your proposed schedule for project execution and acknowledge that this duration will become contractually binding should you receive the award.

This schedule shall clearly show how it compares to the number of calendar days and the sequence of construction as stated in the RFP. The schedule shall be task oriented, indicating the number of calendar days, after notice to proceed, by which milestones are to be achieved. Give special attention to the following tasks and provide a Narrative explaining the results and methodology of the Offeror’s schedule:

a) Show the key submittals. Include events associated with coordinating these submittals and for Government review. Government review time will be shown for the maximum duration stated in the RFP.

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Section 00 22 16- 8

b) Show the construction phase for all key activities and each major feature of construction. Show any impacts including environmental and existing site/operational constraints.

c) Show any long lead materials and equipment.

d) Show proposed completion date of the project and the total proposed project duration in calendar days.

Standard of Acceptability: This standard is met when the Offeror provides a schedule narrative that shows completion within the RFP required time frame and discusses the major milestones for the project, and provides a bar chart schedule that is clear and logical.

PROPOSAL SUBMITTAL

The Offeror’s adherence to prescribed page and formatting limitations prescribed will be strictly adhered to and enforced. Information submitted which exceeds the specified limit will NOT be evaluated. For example, if four pages are submitted in response to an item with a three page limitation, the information of the fourth page will not be evaluated by the Government.

The technical proposals will be reviewed for compliance with the technical specifications. Non-compliance with the technical specifications will be considered a deficiency and an Unacceptable adjectival rating will be assigned.

INITIAL EVALUATION OF TECHNICAL PROPOSAL (VOLUME II)

The Offeror’s conformance with the specified format and submission requirements will be considered during the technical evaluation. Failure to comply with the format and/or the submission requirements may be seen as indicative of the type of problems that could be expected during contract performance. Material omission(s) may cause the technical proposal to be rated as unacceptable. The Offeror’s adherence to prescribed page and formatting limitations prescribed will be strictly adhered to and enforced. Information submitted which exceeds the specified limit will NOT be evaluated. Offerors may be given a chance to clarify certain aspects of their proposal and to resolve minor or clerical mistakes. However, Offerors are not given an opportunity to respond to any identified weaknesses or deficiencies or revise their proposals.

The technical proposals will be reviewed for compliance with the technical specification.

Technical proposals are given an overall rating of either “Acceptable” or “Unacceptable”. The evaluation factors will be rated either “Acceptable” or “Unacceptable” based upon the standards listed within the RFP. A rating of “Unacceptable” for any evaluation factor will result in an overall rating of “Unacceptable” and the proposal will be ineligible for award

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Section 00 22 16- 9

Based upon review of the initial evaluation results, the SSA will decide to either (1) approve award without discussions, or (2) enter into discussions process

EVALUATION OF THE PRICE PROPOSAL (VOLUME I)

The LPTA procedure is applied to known, firm requirements, usually readily available in the commercial marketplace where a fair and reasonable price determination is based on adequate price competition. Therefore, price analysis will normally be used to determine the total evaluated price to support the selection of the lowest priced, technically acceptable Offeror.

The proposed price will be analyzed for reasonableness. It may also be analyzed to determine whether it is realistic for the work to be performed, reflects a clear understanding of the requirements, and is consistent with the Offeror’s Technical Proposal. All offers with separately priced line items or sub line items will be analyzed for unbalanced pricing.

INTENT TO AWARD WITHOUT DISCUSSION

Offerors may be given a chance to clarify certain aspects of their proposal and to resolve minor or clerical mistakes. However, Offerors are not given an opportunity to respond to any identified weaknesses or deficiencies or revise their proposals.

The Government intends to evaluate proposals and issue a Contract without discussions, but reserves the right to conduct discussions and receive revised proposals if later determined to be necessary.

DISCUSSION PROCESS

The primary objective of discussions is to maximize the Government’s ability to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation.

As a minimum, during discussions, the SSEB through the PCO shall indicate to, or discuss with, each Offeror in the competitive range the following: (a) any adverse past performance information to which the Offeror has not yet had an opportunity to respond, (b) significant weaknesses, and (c) any deficiencies that have been identified during the evaluation.

This is accomplished through the release of Evaluation Notices (ENs). All ENs shall clearly indicate the type of exchange being conducted (e.g. clarification, communication, etc). Any EN addressing a proposal deficiency or weakness shall clearly indicate that a deficiency/weakness exists. The PCO is encouraged to discuss other aspects of the Offeror’s proposal that could in the opinion of the PCO be altered or explained to enhance materially the proposal’s potential for award.

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Section 00 22 16- 10

FINAL PROPOSAL REVISIONS

At the conclusion of discussions, each Offeror still within the competitive range shall be given an opportunity to submit a Final Proposal Revision (FPR) by a common cutoff date and time.

After receipt of the FPR, the SSEB shall complete evaluation of the FPR. The evaluation criteria from the solicitation shall continue to be the basis for evaluation.

DEBRIEFINGS

The PCO shall ensure Offerors are debriefed, if requested, in accordance with FAR 15.505 and FAR 15.506, as applicable.

PROPOSAL EXPENSE AND PREAWARD COSTS

The proposal submission instructions are written to give prospective contractors, where feasible, an indication of the level of detail desired by the Government. The Offeror’s failure to include information that the Government has indicated should be included may result in the proposal being downgraded and/or being found deficient if inadequate detail is provided. Material omission(s) may cause the technical proposal to be rejected as unacceptable. The technical proposals will be reviewed for compliance with the technical specifications and applicable building codes and regulations. Non-compliance with the technical specifications and/or applicable building codes and/or regulations will be considered a deficiency. Proposals which are generic, vague, or lacking in detail, may be downgraded.

-END OF SECTION-

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Section 00 73 00 -1

SECTION 00 73 00

SUPPLEMENTARY CONDITIONS

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the

Work

APR 1984

52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb

1997) - Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 252.236-7000 Modification Proposals-Price Breakdown DEC 1991

NELLIS AFB, NV AMENDMENT 0002

Section 00 73 00 -2

CLAUSES INCORPORATED BY FULL TEXT

TABLE OF CONTENTS

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

1984)

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

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

SAFETY REQUIREMENTS

REQUIRED INSURANCE

ER 415-1-15 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 89) ... 6

ACCRUAL

VETERANS EMPLOYMENT

UAI 5152.249-9000

UDG 5115.404-73-1 Alternate structured approaches - Construction contracts

ELECTRONIC SOFTWARE

ANTI-TERRORISM AND OPERATION

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Section 00 73 00 -3

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 365.* The time stated for completion shall include final cleanup of the premises.

*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 $1,226.00 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.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 35 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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Section 00 73 00 -4

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title Drawing No.

INDEX OF DRAWING G-002

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Section 00 73 00 -5

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL

Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contract before the Contractor will act upon those changes. The Contract will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Office that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representative (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contract at this installation are not valid for this contract

SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained online and is available for download at:

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

Hard copies are available from the Associated General Contractors of America. Any other Safety and Occupational specific questions can be addressed to: U.S. Army Corps of Engineer District ATTN: Safety Office, Los Angeles, CA 90017

REQUIRED INSURANCE

Insurance is required as follows:

a. Either Workman's Compensation or Employer's Liability Insurance with a minimum limit of $100,000.00.

b. General Liability. The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form or policy of at least $500,000.00 per occurrence.

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c. Automobile Liability Insurance for Bodily Injury and Property Damage with minimum limits of $200,000.00 for injury or death of any one person; $500,000.00 for each accident or occurrence of bodily injury liability; and $20,000.00 for each accident or occurrence for property liability.

d. In every case the insurance coverage shall amount to at least the limits stated above.

However, where the Financial Responsibility Compulsory Insurance Law of the State in which the installation is located requires higher limits, the Automobile Liability Insurance Policy should provide coverage of at least those limits.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Office a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until 10 days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts

ER 415-1-15 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT

89)

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 than 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 or negligence of the Contractor.

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 evaluations. 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 MA

R APR MA

Y JUN JUL AU

G SEP OCT NO

V DEC

13 12 8 3 0 0 0 1 0 2 10 15

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Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on 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 workday. 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 listed 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)".

(End of Clause)

ACCRUAL

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.

VETERANS EMPLOYMENT

VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222- 38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts: Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program - http://wtc.army.mil/modules/employers/index.html

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U.S. Chamber of Commerce Foundation Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans - Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_O.pdf

(End of special contract requirement)

UAI 5152.249-9000

As prescribed in 5149.505(d), insert the following clause:

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).

(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.

UDG 5115.404-73-1 Alternate structured approaches - Construction contracts.

(1) The following alternate structured approach shall be used for all firm-fixed price construction in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 215.404-4(b)(1). For all other contract actions, the weighted guidelines method

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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%

(2) Based on the circumstances of the procurement action, each of the above factors shall be weighted from 0.03 to 0.12, 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.

(a) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be 0.03; as the degree of risk increases, the weighting should be increased up to a maximum of 0.12. Lump sum items shall generally have a higher weight than unit price items. Consider the nature of subcontractors, amount and type of labor included in costs and whether the negotiation is before or after performance of the work.

Modifications, settled before the fact, have a much greater risk than those settled after the fact.

A weight of 0.03 is appropriate for after the fact equitable adjustments and/or settlements.

(b) Relative difficulty of work. If the work is difficult and complex, the weight should be 0.12 and should be proportionately reduced to 0.03 on the simplest of jobs. This factor is tied, to some extent, to the degree of risk. Other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), etc.

(c) Size of job. Work estimated up to $100,000 shall be weighted at 0.12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from

0.12 to 0.05. Work from $5,000,000 to $10,000,000 shall be weighted at 0.04. Work in excess of $10,000,000 shall be weighted at 0.03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

(d) Period of performance. Work not to exceed 1 month is to be weighted at

0.03. Durations between 1 and 24 months are to be proportionately weighted between 0.03 and

0.12. Work in excess of 24 months is to be weighted at 0.12.

(e) Contractor’s investment. To be weighted from 0.03 to 0.12 on the basis of below average, average and above average. Consider the amount of subcontracting, Government-furnished property or data, such as surveys, method of making progress payments, and any mobilization payment items.

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(f) Assistance by government. To be weighted from 0.12 to 0.03 on the basis of average to above average. Consider use of Government-owned property, equipment and facilities, expediting assistance, etc.

(g) Subcontracting. To be weighted inversely proportional to the amount of subcontracting. Where 80 percent or more of the work is to be subcontracted, use 0.03. The weighting should be increased proportionately to 0.12 where all the work is performed by the contractor's own forces.

ELECTRONIC SOFTWARE

CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS - APRIL 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 Davis-Bacon Act as stated in FAR clause 52.222-8, Payrolls and Basic Records and FAR clause 52.222-13, Compliance with Davis-Bacon and Related Act Regulations.

(b) If the contractor elects to use an electronic Davis-Bacon Act 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 Davis-Bacon and Related Act Regulations.

When the contractor uses an electronic Davis-Bacon Act 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 Davis-Bacon Act payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and Related Act Regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract admin 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: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;

capable of…