W912PL-20-R-0004_Amendment0010.pdf

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 or (c) By separate letter or electronic communication 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 you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

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

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

IT MODIFIES THE CONTRACT/ORDER NUMBER 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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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)

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)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, 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)

Previous edition unusable

2. AMENDMENT/MODIFICATION NUMBER

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

SPINAL CORD INJURY (SCI) AND COMMUNITY LIVING CENTER (CLC) BUILDING AND PARKING

STRUCTURE VETERANS AFFAIRS HEALTHCARE SYSTEM, SAN DIEGO, CALIFORNIA.

1. HVAC Mechanical System Narrative. The summary of revisions to the mechanical and its dependent systems are provided below.

For bidding purposes, revisions described are to be included in the prospective bidder’s proposal. The revisions will be reflected in the drawings and specifications as a forthcoming amendment. The construction contractor is not responsible for the design.

2. Due to COVID-19 concerns, submission of proposals will be by electronic means only. Replace Section 00 20 00 Instructions for Procurement, with attached and see Paragraph 25 for procedures.

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.

USACE, Los Angeles District Contracting Division, East Region Branch 915 Wilshire Blvd, Suite 930 Attn: CESPL-CT-E Los Angeles, CA 90017

W912PL-20-R-0004

4/17/2020

10/31/2019 x

DVA, Project 664-401, SCI/CLC and Parking Garage W912PL-20-R-0004 San Diego, CA

SF 30 CONTINUATION PAGE 1

17 April 2020 Amendment 0010

SF 30 BLOCK 14 CONTINUATION

SUMMARY OF CHANGES

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Number Section Title

SF 1442

00 20 00 INSTRUCTIONS FOR PROCUREMENT

00 22 16 SUPPLEMENTARY INSTRUCTIONS TO PROPOSERS

Page 2, Item 10.2 is amended to include bid bond mailing instructions.

Page 4, Item 3.3 is also amended.

DIVISION 01 – 48 - TECHNICAL SPECIFICATIONS

Section Number Section Title

AMENDMENT SUMMARY SCOPE

01 11 00

ATTACHMENT UTILITY REPORT

DRAWINGS

Drawing No. Drawing Title

MH105A PENTHOUSE MECHANICAL PLAN -AREA A

MH105C PENTHOUSE MECHANICAL PLAN - AREA C

REVISED FAN SCHEDULE

REVISED AHU SCHEDULE

REVISED AHU COOLING COIL SCHEDULE

REVISED PUMP SCHEDULE

REVISED FCU SCHEDULE

REVISED STEAM HUMIDIFIER SCHEDULE

REVISED STEAM TO HW HEAT EXCHANGER SCHEDULE

DVA, Project 664-401, SCI/CLC and Parking Garage W912PL-20-R-0004

SF 30 CONTINUATION PAGE 2

REVISED CLEAN STEAM GENERATOR SCHEDULE

REVISED BUILDING STEAM PRV SCHEDULE

REVISED PANEL RNEQHDB2

REVISED PANEL 1EQHDB1

REVISED UNIT SUBSTATION USS2

REVISED PANEL RSEQHDB

REVISED PANEL 1EQHDB2

EP601 ANNOTATIONS

1AS102 SCI-CLC SITE PLAN

1AS201 PATIENT DROP-OFF PLANS

AS108 SITE DETAILS

SERENITY RECESSED WALL PANEL

(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.

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-20-R-0004

USACE, Los Angeles District Contracting Division, East Region Branch 915 Wilshire Blvd, Suite 930 Attn: CESPL-CT-E Los Angeles, CA 90017

SPINAL CORD INJURY (SCI) AND COMMUNITY LIVING CENTER (CLC) BUILDING AND PARKING STRUCTURE

VETERANS' AFFAIRS HEALTHCARE SYSTEM, SAN DIEGO, CALIFORNIA.

Work will include the construction of a new SCI/CLC Building (approximately 197,000 SF) expansion to the VA San Diego Campus consisting of a 50-bed SCI center, 33-bed CLC, outpatient clinic, physical/occupational therapy and aquatic therapy.

In addition, the project includes center plan, site infrastructural clearing and grubbing, site preparation, erosion controls, roads, paving and sidewalks, grading, drainage and sewer, landscaping, site lighting, fire suppression, site utilities, mechanical, electrical, telecommunications and associated work. The estimated cost range of this procurement is $100,000,000 to $250,000,000. The new expansion project is located at the VA San Diego Healthcare System campus, 3350 La Jolla Village Drive, San Diego , CA 92161. The main hospital is to remain fully operational during the construction.

Both a technical proposal and a price proposal will be required. This will be Competitive Request for Proposal (RFP) using Best Value Trade Off procedures, resulting in a firm fixed price contract.

When applicable, the notice of price evaluation preference for HUBZone Concerns will apply to this procurement.

See item 7

W912PL

Tracey Daggy (213) 452-3239

1 OF 210/31/2019

local time 05/14/2020

2 PM

*Section 00 73 00

Amendment 0010

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

Amendment 0010

DVA, Project 664-401, SCI/CLC and Parking Structure W912PL-20-R-0004

SECTION 00 20 00 Page 1

SECTION 00 20 00

INSTRUCTIONS FOR PROCUREMENT

UNIT ABBREVIATIONS: L.S. = LUMP SUM

1. ALL prospective Proposers must be registered in System for Award Management (SAM) www.sam.gov.

2. Award of Base Bid and Bid Options (if awarded) will be made to one bidder.

Bidders must propose on all items. Offerors must submit a price on all items in the Pricing Schedule to be eligible for award.

3. ARITHMETIC DISCREPANCIES:

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

Obviously misplaced decimal points will be corrected;

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

Apparent errors in extension of unit prices will be corrected;

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

(b) For the purposes of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

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

5. PROGRESS PAYMENT REQUESTS made by the Contractor pursuant to the provisions of Contract Clause, PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, shall be submitted on ENG FORM 93 to the administration office as designated in Block 26, Standard Form 1442 Back, Solicitation, Offer and Award. ENG FORM 93 shall be submitted to that office on the 20th day of each month in appropriate form and certified. Photocopies of the form shall be furnished on that same date to the Corps of Engineers offices designated at the Pre-Construction Conference.

6. MANDATORY WORK STOPPAGES

(a) A mandatory work stoppage occurs whenever the Contractor is restricted from working a full workday and is unable to reallocate work forces to other locations. All costs associated with five (5) mandatory work stoppages must be included in the bid price. No additional compensation or extension to http://www.sam.gov/

SECTION 00 20 00 Page 2 the Contract performance period will be given as a result of five (5) mandatory work stoppages.

(1) In the event that the Contractor's work force is required to evacuate any part of the working area during working hours established by the Contractor for this contract, the Government will then make an adjustment under the clause entitled, FAR 52.242-14 “Suspension of Work”; see Section 00 70 00. The Government's liability will be considered to be limited to reimbursement for loss of time of Contractor's employees and equipment which otherwise would have been employed on the job. The completion time for any part of the work will not be extended if the total number of working hours of work stoppage does not exceed 0.08 times the number of calendar days in the period between the date of notice to proceed and the specified completion date. In the event the Contractor is required to evacuate the area in excess of the time specified above, the completion times will be adjusted.

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

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

7. The Contract Clause 52.232-27, “Prompt Payment for Construction Contracts” requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.

8. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

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

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

BOTH.

11. The offeror’s prices MUST BE FIRM.

12. Offeror is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be rounded off to the second decimal point only NOT EXTENDED FURTHER.

13. EVALUATION: The Government intends to issue a contract resulting from the Request for Proposal (RFP) to the responsible Offeror whose proposal represents the Best Value to the Government by using the Trade Off procedure as described in Section 00 22 16. The award decision will be based on a comparative assessment in proposals against all source selection criteria in the solicitation.

SECTION 00 20 00 Page 3

14. The Offeror shall distribute his indirect costs (overhead, profit, bond, etc.,) over all items in the Price Schedule. The Government will review submitted Price Schedule for any unbalancing of the items. Any submitted Price Schedule determined to be unbalanced may cause the offeror to be ineligible for contract award.

15. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause No. 52.232- 33 "Payment by Electronic Funds Transfer – System for Award Management" located in Section 00 70 00.

16. The time stated for completion shall include final clean-up of the premises. Refer to Section 00 73 00, Contract Clause No. FAR 52.211-10, “Commencement, Prosecution and Completion of Work.”

17. PLEASE NOTE: The Contractor agrees to attend any Post Award conference convened by the contracting activity or contract administration in accordance with Federal Acquisition Regulation subpart 42.5.0

18. CONTRACTOR PERFORMANCE EVALUATIONS. In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $700,000.00, the USACE 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, the contractor will have the ability to access, review and comment on the evaluation for a period of 14 days. Accessing and using 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.gov/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

19. Please note: Prospective offerors should submit contracting and technical inquiries and questions relating to proposal procedures are to be submitted via offeror inquiry in Projnet at www.projnet.org. Refer to paragraph 21 entitled, “Inquiries”

20. Access to the VA’s property through the UC San Diego campus on Via La Jolla Drive and Gilman Drive is highly congested during the hours of: (i) 7:00 AM to 9:00 AM and (ii) 3:30 PM to 5:30 PM. Contractor agrees to limit the impacts of construction activity during those times by providing three week look-ahead schedules identifying impacts to these roads. Access by construction vehicles (heavy equipment and material deliveries) shall be prohibited during general campus commencement weekend, which for the next three years is: June 12 -13 2021; June 11-12 2022 and June 17-18, 2023. School of Medicine http://www.cpars.gov/ http://www.projnet.org/

SECTION 00 20 00 Page 4 commencement day, which is typically on the first Sunday of June;

Triton Day, which is typically the first Saturday of April; and Transfer Triton Day, which is typically the first Saturday of May. If contractor, its agents or employees cause any damage to the Access Route, or to any of UCSD roads, infrastructure or other property and improvements (collectively “Property”), contractor shall promptly repair and restore the Access Route and Property to their original condition prior to contractor's use of the Access Route and Property.

21. INQUIRIES

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

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

A. To submit and review bid inquiry items, bidders will need to be a current registered user, or self register into the ProjNet system.

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

- Managing Agency - USACE

- Email address

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

- Click on “Sign In”

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

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

B. From this page, you may view all bidder inquiries or add an inquiry.

Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

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

D. The Solicitation Number is: W912PL-20-R-0004 The Bidder Inquiry Key is: UBZ33C-I5D7WW http://www.projnet.org/projnet

SECTION 00 20 00 Page 5

2. The Bidder Inquiry System will be unavailable for new inquiries 10 business days prior to bid/proposal submission in order to ensure adequate time allotted to form an appropriate response and amend the solicitation if necessary.

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

4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-

HELP.

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

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

22. 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:

http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx

Hard Copies are available from the Associated General Contractors of America, (Item #3607). The U.S. Government Printing Office is sold out of its inventory of the manual. Any other Safety and Occupational specific questions can be addressed to: US Army Engineer District - Los Angeles, ATTN: Safety Office, 915 Wilshire Blvd, Los Angeles CA 90017.

23. SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS' UNCLASSIFIED

CONTRACTS

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand-alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: Security Officer, Glen Tucker, 915 Wilshire Blvd, Ste 1100, Los Angeles, California http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx

SECTION 00 20 00 Page 6

90017 (213)-452-3364 within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. USACE HSPD-12 Compliance Information

1. PURPOSE: Ensure all USACE contractors (including sub-contractors) have USACE directed compliance with Homeland Security President Directive 12.

2. AUTHORITY: Presidential Directive – 12 (HSPD-12), Under Secretary of Defense (Intelligence) Directive-Type Memorandum (DTM) 09-12, Memorandum, Secretary of the Army 31 October 2013, subject: Uncleared Contractor Common Access Card Credentialing and Installation Access, and Army Regulation 190- 13.

3. BACKGROUND: USACE Office of Provost Marshal Security and Law Enforcement Division must ensure all USACE contractors have gained compliance with USACE HSPD-12 implementation standards for work within Department of Defense Installations or facilities or USACE facilities and/or project sites.

4. CONTRACTORS: All USACE Contractors are required to register their company, their employees and their sub-contractors with USACE’s HSPD-12 compliance system.

http://www.redtailsecurity.com/corp/usace

5. COMPLIANCE: In accordance with Homeland Security Presidential Directive 12 and Army Regulation 190-13, all visitors and uncleared contractors desiring unescorted access to Department of Defense Installation or facility, USACE facility or asset, must be vetted through the National Crime Information Center Interstate Identification Index (NCIC III). NCIC III is the Department of Defense baseline background check for entrance onto Department of Defense Installation or facility, USACE facility or asset for Non-Common Access Card (CAC) or Non-DoD card holders. Upon successful completion of a background check the individual(s) will be issued a Department of Defense Installation access badge (as governed by each installation) or a USACE Access Badge (if applicable).

This badge is only good for access onto the specific Department of Defense Installation or USACE facility and to be available for presentation to Department of Defense Law Enforcement/Security personnel or USACE Security personnel. It is not to be used as a form of identification for other purposes.

The Department of Defense Installation Commander and/or the USACE Commander will, in the absence of an approved waiver, deny uncleared contractors, subcontractors, and visitor's unescorted access to the installation or facility based on the results of the NCIC III check that contains credible http://www.redtailsecurity.com/corp/usace

SECTION 00 20 00 Page 7 derogatory information indicating the individual may present a threat to good order, discipline, or health and safety on the installation.

6. ACCESS CONTROL:

Visitors, contractors and vendors 18 years and older, entering Department of Defense Installation or USACE facilities or assets, who do not have a DoD identification card, will be subject to a background check before being allowed entry to the Department of Defense Installation USACE facility or asset. Those who present a common access card (CAC card), Military ID, Military Dependent ID, Gold Star ID, or other valid DoD credential won't be affected.

7. CONTRACTORS\VENDORS ACCESS:

The District Security Office uses a secure web-based system for the completion of screening checks (http://www.redtailsecurity.com/corp/usace). Contractors may log into this secure system from their office and compete the upload of information to complete the screening process. If the contractor would like to physically come into the District Security Office to complete the process, they may do so by making an appointment with the USACE POC (section 11). The contractor will be logging into the same secure system, they would only be performing this action from the District Office (which will be the same upload process).

If the contractor needs to be issued a Department of Defense Installation access badge or ID pass, the contractor needs to complete the secure screening and complete the Installation access badge process with the District Security Office. This process can take 72 – 96 hours after submission of information.

Once the contractor is cleared, the information is sent over to the Installation of issuance of a Badge or ID. The Installation process can up to 24 – 72 (excluding Saturday, Sunday and Federal Holidays) after submission by the District Security Office to the Installation.

If the contractor needs to be cleared for a Civil Works or an Off-Installation site or project, the contractor would complete the secure screening and the District process can take up to 72 – 96 hours (excluding Saturday, Sunday and Federal Holidays) to complete the process and validate the contractors employees for work on the Civil Work site and or project.

If a contractor requires a Common Access Card (CAC). That information must appear in the contractor’s contract under ‘Security Requirements.” The District Security Office will work with that contractor’s POC directly for the completion of the CAC process. Once the contractor submits the required information, the District process can take up to 72 – 96 hours (excluding Saturday, Sunday and Federal Holidays) before completing the CAC approval process. Once the CAC is approved, the contractor may pick up the CAC at any approved RAPIDS location.

8. VISITORS ACCESS:

Visitors, contractors and vendors 18 years and older, entering Department of Defense Installation or USACE facilities or assets, who do not have a DoD identification card, will be subject to a background check before being allowed entry to the Department of Defense Installation or USACE facility or asset. Those who present a common access card (CAC card), Military ID, Military Dependent ID, Gold Star ID, or other valid DoD credential won't be http://www.redtailsecurity.com/corp/usace

SECTION 00 20 00 Page 8 affected. This is to ensure that USACE is in compliance with Homeland Security Presidential Directive 12, which requires that 100 percent of visitors be vetted prior to entering the Department of Defense Installation or USACE facility or asset. While this is a DoD-wide initiative, we are doing all we can to streamline the process for accessing Department of Defense Installation or USACE facility or asset to ensure the safety and security of our employees and stakeholders.

The list of states/territories whose driver's licenses and identification cards are not compliant with the Real ID Act of 2005 include: Maine, Montana, Minnesota, Missouri, and Washington. Unless those States are granted extensions visitors to Department of Defense Installation or USACE with driver's licenses and identification cards from those states/territories will be required to provide a supplemental form of identification to receive a visitor or long term pass to enter the Department of Defense Installation or USACE facility or asset. Attached is a list of acceptable supplemental forms of identification, which is also on Los Angeles District home page "HSPD-12 Information." The following states/territories are compliant with the REAL ID Act: Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, DC, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Mississippi, Nebraska, Nevada, New Mexico, Ohio, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and Wyoming.

9. HERE ARE THE BELOW FACTORS THAT WOULD CONSTITUTE AN ACCESS DENIAL:

1. The NCIC III contains criminal arrest information about the individual that causes the Installation Commander and/or USACE to determine that individual presents a potential threat to the good order, discipline, or health and safety on the installation.

2. The installation is unable to verify the individual's claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in the attempt to gain access.

3. The individual has a current arrest warrant in NCIC, regardless of the offense or violation.

4. The individual is currently barred from entry or access to a federal installation of facility.

5. The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography trafficking in humans, drug possession with the intent to sell or drug distribution.

6. The individual has a US conviction for espionage, sabotage, treason, terrorism or murder.

7. The individual is a registered sex offender.

8. The individual has a felony conviction within the past 20 years, regardless of the offense or violation.

9. The individual has been convicted of a felony firearms or explosives violation.

10. The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.

11. The individual is identified in the Terrorist Screening Database (TSDB) as known to be or suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity.

SECTION 00 20 00 Page 9

10. FEES:

Company Screening A ($399.00) - Designed for Contractor Companies who will be ordering Background Screening on >/= to 20 individual employees visiting ACE Sites. Price is per year/per Contractor Company

Company Screening B ($299.00) - Designed for Contractor Companies who will be ordering Background Screening on < than 20 individual employees visiting ACE Sites. Price is per year/per Contractor Company.

Contractor Screening C ($159.00) - Designed for Contractors/Individuals/Visitors who do NOT currently possess a CAC Card or plan to visit the ACE Sites >/= 10 visits per year. Price is per year/per Contractor Individual.

Contractor Screening D ($129.00) - Designed for Contractors/Individuals/Visitors who currently possess a CAC Card or plan to visit the ACE Sites < 10 visits per year. Price is per year/per Contractor Individual.

Time Line: The process for screening completion can be up to 72 – 96 hours (excluding Saturday, Sunday and Federal Holidays). This does not include the process of Installation Badge access request, which can take 24 – 72 hours or the CAC process, which can take 72 – 96 hours. The processing time starts once the contractor has submitted the information into the secure site.

Additional submissions may be completed as the contractor continues their work. It is the choice of the contractor to submit all employees on the initial submission or throughout the contract period. Any new submissions have a new time of the 72 – 96 hours from each submission.

11. POINTS OF CONTACT FOR QUESTIONS:

USACE

Glen Tucker Security Specialist Chief of Security & Law Enforcement Los Angeles District HQ Glen.Tucker@usace.army.mil 213-452-3364 - Office 213-283-2220 - Law Enforcement Operations Center (LEOC) - West 714-510-5910 – Mobile http://www.spl.usace.army.mil/

Datamaxx

Darrell Goodwin Manager Vetting & Screening Services Datamaxx Group

850.558.8138 (Office) 850-212-3502 (Cell) www.datamaxx.com

SECTION 00 20 00 Page 10

24. UNAUTHORIZED INSTRUCTIONS

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

25. DIRECTIONS FOR SUBMITTING OFFERS

Updated SAFE Instructions

The Offeror’s proposal shall be submitted electronically, as described below. The RFP will provide the Government address and receipt date for proposal submittal. The Offeror’s proposal shall not contain classified data. The use of hyperlinks in proposals is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall email their proposals using the following link:

https://safe.apps.mil/

Please send proposals using the link above to Contract Specialist Tracey Daggy at Tracey.I.Daggy@usace.army.mil AND to Team Lead Sandra Oquita at Sandra.Oquita@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

In an effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

mailto:Sandra.Oquita@usace.army.mil.

SECTION 00 20 00 Page 11

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Tracey I. Daggy at Tracey.I.Daggy@usace.army.mil and to Team Lead Sandra Oquita at Sandra.Oquita@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

2. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

3. When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Team Lead. The Contract Specialist for this solicitation is Tracey Daggy, Tracey.I.Daggy@usace.army.mil, and the Team Lead is Sandra Oquita, Sandra.Oquita@usace.army.mil. The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Team Lead and Contract Specialist. The Proposer can enter an additional E-Mail address if desired.

After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address.

Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

mailto:Tracey.I.Daggy@usace.army.mil mailto:usace.army.mil, mailto:Erin.E.Bradley@usace.army.mil

SECTION 00 20 00 Page 12

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive proposals. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

26. 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 or you may contact Richard Wagner at 213.452.3307 for assistance. 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.

27. CONTRACT ADMINISTRATION DATA

The Contract Administration Office for this contract subsequent to award is:

Department of the Army Los Angeles District, Corps of Engineers 8775 Aero Drive, Suite 232 San Diego, CA 92123 ATTN: John Rotter Telephone No: (858) 430-2815

Payment will be made by:

USACE Finance Center

ATTN: CEFC-AO-P

5270 Integrity Drive Millington, TN 38054-5005 Submit Invoices to:

REFER TO SF 1442, BLOCK 26 WHICH WILL BE COMPLETED AT TIME OF AWARD

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28. 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.

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 hereunder.

29. TIME EXTENSION FOR UNUSUALLY 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.

SECTION 00 20 00 Page 14

Monthly Anticipated Adverse Weather Delay

Work Days Based on (5) Day Work Week

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

2 3 2 1 1 0 0 0 0 1 2 3

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

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

30. ALTERNATE STRUCTURED APPROACH

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

Factor Rate Weight Value Degree of risk 20 Relative difficulty of work 15 Size of job 15 Period of performance 15 Contractor's investment 5 Assistance by Government 5 Subcontracting 25 Total 100%

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

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the…