W912UM-16-R-0009.pdf

COMPETITIVE NEGOTIATION

SOLICITATION NO. W912UM-16-R-0009

SOLICITATION, OFFER, AND AWARD

FOR

CONSTRUCTION OF

CY10 A10Y109 (C4I080) USFK OPERATIONS CENTER

(BUILDING PHASE/US) &

YRP PN A08Y101 (C4I030-1), PHASE III FACILITY

USAG HUMPHREYS, KOREA

US Army Corps of Engineers Far East District

CONTRACT SUMMARY

SOLICITATION NO. W912UM-16-R-0009

PROJECT TITLE: CY10 A10Y109 (C4I080) USFK Operations Center (Building Phase/US) & YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea

PROJECT DESCRIPTION:

The purpose of this contract is to furnish and provide all labor and materials necessary to construct the described below projects:

(1) CY10 A10Y109 (C4I080) USFK Operations Center (Building Phase/US) Project:

This project is primarily interior construction of a 170,000 Square Foot secure work area within the larger two-story, below grade heavily reinforced USFK Operations Center.

This facility contains administrative offices, operation centers, data centers, electrical switchgears, uninterruptable power systems, Chemical, Biological, Radiation filtration systems all with redundant capability. Construction shall comply with Intelligence Community Directive (ICD) 705 Standards for Overseas construction. Building envelope is heavily reinforced concrete and includes freight and passenger elevators, multiple blast doors and compartmentalization. Facility, shall comply with DoD Antiterrorism/Force Protection Requirements and other threat mitigation measures.

(2) YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea Project:

This project is primarily for the interior construction of an 82,698 square foot, two-story, secure facility containing administrative offices, a data center, and a utility plant.

Construction shall comply with Intelligence Community Directive 705 (ICD 705) series documents and existing DoD standards for overseas construction. Building envelope, which includes blast doors and windows comply with DoD Antiterrorism/Force Protection requirements. Building also includes a two-stop, passenger/freight elevator.

Project will also require installation of a crash rated perimeter fence, active barriers, Intrusion Detection Systems (IDS), Access Control Systems (ACS), and CCTV electronic security systems.

ACQUISITION METHOD:

This acquisition is being carried out using a “two-step” procurement process.

• Step 1, Pre-Qualification of Offerors - This announcement of solicitation of pre-qualification submissions is Step 1. The Government will evaluate and rate the pre-qualification submissions based on the procedure and evaluation criteria set forth in section 00 22 16.

• Step 2, Requests for Proposals from Pre-Qualified Offerors - Those pre-qualified offerors will be invited to submit their price proposal to the formal solicitation in Step 2.

Solicitation No.

W912UM-16-R-0009

TABLE OF CONTENTS

Section Title

00 10 00 SF1442, CLIN Schedule

00 21 00 Instructions

Attachment 00 21 00-1, DD Form 254 (Department of Defense Contract Security Classification Specification)

Attachment 00 21 00-2, Controlled Unclassified Information Nondisclosure Agreement and & Instructions for Handling and Dissemination of FOUO information

00 21 16 Proposal Submission Requirement

00 22 16 Evaluation Factor for Award

Attachment 00 22 16-1, Letter of Commitment of Key Subcontractor

Attachment 00 22 16-2, Form PPQ-0

00 45 00 Representations and Certifications

00 72 00 General Conditions

00 73 00 Supplementary Conditions

Project Specifications

00 01 15 List of Drawings

00 01 16 Government-Furnished Property

Technical Specifications

00 01 10

(See ).

SOLICITATION, OFFER,

AND AWARD

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

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912UM-16-R-0009

U.S. Army Corp of Engineer, Far East District Contracting Division (CEPOF-CTC) Unit #15546, APO AP 96205-0046

POC: Mrs. Yi, Tong-Hui, Contract Specialist Tel: 011-822-503- 7436/DSN 721-7436 e-Mail: Tong-Hui.Yi@usace.army.mil

Project Title: CY10 A10Y109 (C4I080) USFK Operations Center (Building Phase/US) & YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea

Fund are not presently available for this acquisition. No contract award will be made until funds are made available.

This request for proposal is for Step 1 of the solicitation only. Offerors are to submit proposals as specified in section 00 21 16, proposal submission requirements and evaluation criteria for Step 1 only.

The time and date for submission of Step 1 proposals are as specified in block 12A below.

An offeror guarantee is not required for Step 1 requirements. This requirement will be addressed during the Step 2 process of this acquisition.

The magnitude for this project is between $25,000,000 and $100,000,000. NAICS Code: 236220

The same as block #7

Yi, Tong-Hui Commercial 011-822-503- 7436/DSN 721-7436

07/15/2016

07/25/2016

NA

1,110

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

See attached alteration page.

Construction Surveillance Resident Office USACE, FED, Construction Division Unit #15546, APO AP 96205-0046

USACE Finance Center 5722 Integrity Drive, Millington

TN 38054-5005

Set forth in the attached CLIN schedule

Name of Offeror:

Item

No.

0001 JOB 1 L.S.

0002 JOB 1 L.S.

JOB 1 L.S. $

0004 JOB 1 L.S.

0005 JOB 1 L.S. $

1.

2.

The Amount column includes local and offshore amounts.

features of work to be included under each Contract Line Item Number.

Refer to specifications Section 01 22 00, Payment, for a description of the principal

SOLICITATION NO.

W912UM-16-R-0009

CY10 A10Y109 (C4I080) USFK Operations Center (Building Phase/US) & YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea

SECTION 00 10 00

CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

Description Qty Unit Total Amount

SCHEDULE A: General

Mobilization and Demobilization

SCHEDULE B: YRP PN A08Y101 (C4I030-1), Phase III

Facility

SCHEDULE C: CY10 A10Y109 (C4I080) USFK Operations

(Controlled/Non-Controlled/Support Facilities)

Construct Remaining Areas

Center (Building Phase/US)

(ITEM NOS. 0003 AND 0004) $

(ITEM NOS. 0001 THRU 0005) $

GRAND TOTAL AMOUNT

NOTES:

UPS Battery Pack $

TOTAL SCHEDULE B AMOUNT

Construct Secure Work Area (SWA)

TOTAL SCHEDULE A AMOUNT

(ITEM NOS. 0001 AND 0002) $

Performance and Payment Bonds $

SECTION 00 10 00 Page 3

Name of Offeror:

Item

No.

3.

4.

Company Contact Information

ACE

Meng Fan Rich Friesenhahn

Starr Indemnity & Liability Company Shane McCaffrey Larry Boyk

Contact

Allied World Assurance Company (AWAC)

(215) 640-4836

(646) 794-0511

Robin Smith Kevin Behan

(Building Phase/US) & YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea

All inconsistent project titles as shown throughout the contract or design documents, if any, are amended to read: CY10 A10Y109 (C4I080) USFK Operations Center

The cost of Defense Base Act Insurance:

(212) 440-7207

CLIN SCHEDULE (CONT'D)

Total Amount Description Unit

Labor (DOL) authorized insurance carrier unless the contractor is under a self insurance

American International Group (AIG Chartis) Continental Insurance Company (CNA)

(646) 227-6466

(215) 861-6792

Qty

Contractors shall procure DBA insurance coverage commercially from a Department of

(212) 458-3593

Zurich NA

SECTION 00 10 00 Page 4

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

F52.4201 CLARIFICATION

Whenever the words, "invitation," "bid," and "bidder" appear in this

Request for Proposal, they shall be deemed to refer to "solicitation,"

"proposal" and "offeror," respectively. (Updated, 22 Jun 01)

F52.4202 AUTHORITY OF AGENT OR OFFEROR (4.102)

A contract with an individual shall be signed by that individual.

A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as _________________" [insert name of firm].

A contract with a corporation shall be signed in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign. A contract with a partnership shall be signed in the partnership name. A contract with joint venturers shall be signed by each participant in the joint venture in the manner prescribed above for each type of participant. When an agent is to sign the contract, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer.

Before signing for the Government, the contracting officer may ask the offerer to verify that the person or persons signing for the offerer have authority to bind the offeror. The offeror's failure to provide satisfactory evidence that the person or persons signing for it have the authority to bind the offeror to the contract may be grounds for rejection of the offer.

(Updated, 22 Jun 01)

F52.4207 INTEGRITY OF CONTRACTORS

All contractors are advised that only companies which are determined to be responsible by contracting officers can be awarded contracts. To be responsible, a contractor must possess integrity. Contractors or their employees, who engage in collusion, obtain U.S. Government independent cost estimates, bribe U.S. Government employees (American or Korean nationals), or conduct other fraudulent or unethical activities, may not be considered responsible. Each company should ensure that its price proposal is based upon its independent estimate of its true costs or performing the contract.

Failure to comply with the above can result in non-responsibility determinations and possible debarment from future contracts with the U.S.

Government. (Updated, 22 Jun 01)

F52.4209 ESTIMATED CONSTRUCTION COST AND PROJECT DESCRIPTION

a. The estimated cost of the proposed construction is between $25,000,000.00 and $100,000,000.00.

b. Project Description:

(1) CY10 A10Y109 (C4I080) KORCOM Operations Center (Building Phase/US) Project:

This project is primarily interior construction of a 170,000 Square Foot secure work area within the larger two-story, below grade heavily reinforced KORCOM Operations Center. This facility contains administrative offices, operation centers, data centers, electrical switchgears, uninterruptable power systems, Chemical, Biological, Radiation filtration systems all with redundant capability. Construction shall comply with Intelligence Community Directive (ICD) 705 Standards for Overseas construction. Building envelope is heavily reinforced concrete and includes freight and passenger elevators, multiple blast doors and compartmentalization. Facility, shall comply with DoD Antiterrorism/Force Protection Requirements and other threat mitigation measures.

(2) YRP PN A08Y101 (C4I030-1), Phase III Facility, USAG Humphreys, Korea Project:

This project is primarily for the interior construction of an 82,698 square foot, two-story, secure facility containing administrative offices, a data center, and a utility plant. Construction shall comply with Intelligence Community Directive 705 (ICD 705) series documents and existing DoD standards for overseas construction. Building envelope, which includes blast doors and windows comply with DoD Antiterrorism/Force Protection requirements. Building also includes a two-stop, passenger/freight elevator. Project will also require installation of a crash rated perimeter fence, active barriers, Intrusion Detection Systems (IDS), Access Control Systems (ACS), and CCTV electronic security systems. (Updated, 22 Jun 01)

F52.4210 EBS AVAILABILITY OF PLANS AND SPECIFICATIONS (FAR 36.303)

One set of drawings and specifications on Compact Disk (CD-ROM) will be furnished to the offeror free of charge. The offeror will not receive from the Government any printed paper copies of this solicitation.

(Updated, 22 Jun 01)

F52.4268 BOND REQUIREMENTS

a. Bonds Required. The Contractor shall furnish (1) performance and payment bond on the forms provided by and from sureties acceptable to the Government, in the amount of 100% of the contract price for the both performance and payment bond, or (2) comparable alternate security approved by the Government as authorized and in accordance with Federal Acquisition Regulation (FAR) Section/Part 28.204, Alternatives in Lieu of Corporate or Individual Sureties. The amount for all required bonds shall be based on the established contract price.

b. Time for Submission. The Contractor shall provide the bonds required by paragraph a above ten (10) days after contract award. Failure to timely submit (1) the required bonds or other security acceptable to the Government;

(2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the Government. Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, “Default (Fixed-Price Construction).

c. Coverage. The bonds or alternate performance security shall guarantee the Contractor’s execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract.

d. Duration of Coverage. The required performance securities shall remain in effect in the full amount required until final acceptance of the project by the Government, at which time the penal sum of the performance security only shall be reduced to 10% of the contract price. The performance security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage. (Updated: 29 Jan 2013)

F52.7002 DD FORM 254 (DOD CONTRACT SECURITY CLASSIFICATION SPECIFICATION)

The attached DD Form 254, Department of Defense Contract Security Classification Specification, provides binding security requirements, classification guidance, and handling procedures in accordance with DOD 5220.22M, National Industrial Security Operating Manual (NISPOM) and its supplements, for classified material received and/or generated on this contract. (See attachment 00 21 00-1) (26 Jan 2012)

F52.7004 CONTROLLED UNCLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT

Access to this Request for Proposal (RFP) by any contractor or subcontractor requires the signing of a Non-Disclosure Agreement (NDA). This NDA is a contractual agreement between the U.S. Government and the contractor/ subcontractor, to never disclose the information contained in this RFP to an unauthorized person. Its primary purpose is to inform the contractor of (1) the trust that is placed in them by providing access to this information; (2) contractor responsibilities to protect that information from unauthorized disclosure; and (3) the consequences that may result from the contractor’s failure to meet those responsibilities. Additionally, by establishing the nature of this trust, contractor responsibilities, and the potential consequences of noncompliance in the context of a contractual agreement, if the contractor violates that trust, the United States will be better able to prevent an unauthorized disclosure or to discipline the contractor for such a disclosure by initiating a civil or administrative action.

The contractor will ensure that all personnel (prime contractor and sub contractor) that view this RFP shall execute the NDA/Instructions for Handling and Dissemination of FOUO information and return the completed forms with the proposal packet. Instruction for completing the NDA is contained on the form. Questions about this document and its content should be directed to the Contracting Officer. (See attachment 00 21 00-2) (Updated, 7 Mar 14)

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.236-14 Availability and Use of Utility Services APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7006 Billing Instructions OCT 2005 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

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

(D&B) to identify unique business entities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Company legal business.

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

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

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

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

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

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

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

https://www.acquisition.gov/

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

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

Commercial and Government Entity (CAGE) code means—

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

or

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

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

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

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

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

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

http://www.sam.gov/ http://www.dlis.dla.mil/cage_welcome.asp http://www.dlis.dla.mil/nato/ObtainCAGE.asp http://www.dlis.dla.mil/cage_welcome.asp

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

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

(End of Provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

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

(End of provision)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

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

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be _20_ percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

USACE, FED, ATTN: CEPOF-CTC, Unit #15546, APO AP 96205-5546.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) Site visits may be arranged during normal duty hours by contacting:

Name: To be determined

Address: To be determined

Telephone: To be determined

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.

(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFAR1.HTM

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2015)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.

http://farsite.hill.af.mil/VFFAR1.HTM

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

800-424-9098(Toll-Free), 703-604-8799 (Commercial), 664-8799(DSN)

[Contracting Officer shall insert the appropriate DHS contact information or Web site.]

(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.

(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301- 1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.

(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of these required posters at the Web site.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.

252.203-7996 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of http://www.dodig.mil/hotline/hotline_posters.htm classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business…